OPM noted that it earlier had told agencies that they should review existing collective bargaining agreements for provisions that they can deem as “unenforceable” limits on management’s discretion over RIFs. Image: DCStockPhotography/Shutterstock.com
By: FEDweek StaffFederal agencies affected by President Trump’s executive order to repudiate union contracts covering the majority of union-represented federal employees on national security grounds are to “disregard” provisions in those contracts affecting how they conduct reductions in force, OPM has said.
That guidance comes as many federal agencies prepare to conduct “large-scale” RIFs under an earlier Trump directive, with for example HHS most recently saying it expects to cut some 20,000 positions about half of them by RIF with the rest by attrition through buyouts and early retirement offers. Major departments and agencies such as DoD and SSA also have announced planned staff cuts, while some smaller agencies such as the FMCS have said they will cut back to a skeleton staff under a separate directive.
OPM noted that it earlier had told agencies that they should review existing collective bargaining agreements for provisions that they can deem as “unenforceable” limits on management’s discretion over RIFs. Such provisions for example might commit management to minimizing the numbers of employees laid off, require advance notice beyond what is required in law, and make some aspects of the prospects subject to union involvement.
“Covered agencies and subdivisions that terminate their CBAs are advised that this guidance will no longer apply,” it says. “After terminating their CBAs, covered agencies and subdivisions should conduct RIFs consistent with applicable statutory and regulatory requirements, but without regard to provisions in terminated CBAs that go beyond those requirements.”
OPM said the same applies to earlier guidance calling for a similar review of contracts for provisions that they could deem as unenforceable limits on management’s discretion on offsite work, the guidance says; after terminating contracts, agencies are to “swiftly implement” the administration’s return-to-office directives, it says.
OPM said that under the order—which is to be the target of one or more lawsuits asserting that the order exceeds a President’s authority to bar union representation on national security grounds—upon canceling contracts, affected agencies also should end:
* participation in any grievances that arose from the contract, although they “can and should compensate arbitrators for work performed prior to the termination” of the contract.
* practices arising from contracts that give unions “free use of agency resources (such as office space) or commit the agency to cover certain union expenses (such as the cost of travel and per diems)” as well as those entitling employees to official time to perform certain union-related purposes during working hours.
* the option for employees to have union dues deducted from their pay; employees “may make other arrangements for dues payments if they wish to do so.”
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See also,
Top 10 Provisions in the Big Beautiful Bill of Interest to Federal Employees
A Pre-RIF Checklist for Every Federal Employee, From a Federal Employment Attorney
Work Longer or Take the FERS Supplement Now: Which is Better?
Doubling Your TSP (C Fund vs G Fund)
