Following the lifting of an injunction against main parts of the three Trump administration executive orders on union and disciplinary matters, the NFFE union has recommended to its locals that they follow a general strategy of obey, then grieve.
“When an agency gives official orders, it is paramount to avoid accusations of insubordination. If an agency hands down a policy that you believe is contrary to the [contract] or the statute, obey the order and file a grievance or an unfair labor practice as soon as possible,” it says.
Where the local labor-management relationship is good, it adds, “management may give you an advanced warning of any potential changes that may occur. In that case, try and work that relationship to delay implementation of the EOs.”
It also recommends that locals make backup plans for storing equipment, records and other materials if they are forced to vacate agency-provided space and to take steps to secure financial and other electronic records if their access to agency systems is cut off—actions the orders set as general policy. “If your contract is currently expired, management may propose immediate implementation of the EOs. If they do, this still gives rise to an obligation to bargain over impact and implementation. Submit a request to bargain” over such changes, it says.
If a contract is in place, “subsequently issued government-wide rules or regulations cannot nullify its terms. Attempts to implement a rule or regulation which conflicts with a collective bargaining agreement already in effect is unlawful and subject to an unfair labor practice charge.”
If negotiations are ongoing, it says, “generally, NFFE advises locals to go slowly and wait for the agency to make a move first. Do what you can to slow the implementation for these EOs. If your contract allows for it, look to negotiate separate ground rules before going to bargain.” The exception, it says, is if management announces its “last best offer” in which case a union must continue to actively negotiate or else face having that offer become policy by default.
Meanwhile, the AFGE union has said it will file an unfair labor practice charge against the GSA in response to the agency’s move to carry out several provisions of the orders even though bargaining is still ongoing. Also, a letter signed by almost all Senate Democrats has urged the EPA to return to the bargaining table after ending negotiations with AFGE several months ago and imposing similar terms, an action that AFGE also has filed a complaint against.
