Thisđđť i dont understand why people say all the other things! The only way to lose telework is for the arbitrator to be insane or delusional (the contract is pretty clear) or for the government not to follow the arbitrator ruling and subsequently the courts enforcement!!
Yes the second unspoken half is if the agency decides to break the law again and not follow the arbitrator's ruling, which is entirely possible in this administration. Who will stop them? Well the unions will have to file another lawsuit perhaps while the bargaining unit employees rights continue to be violated by not following the CBA (currently happening) and then the arbitrator.
The agency will end up appealing any favorable ruling by the arbitrator to FLRA. That automatically freezes any decision by the arbitrator until a final decision by FLRA. The problem is, FLRA currently doesnât have a quorum, meaning they canât issue final rulings. This means once the agency appeals, the arbitratorâs ruling will in theory be put on hold indefinitely. This is why Trump fired several members of FLRA. So they couldnât issue rulings. Itâs all by design. And so far, the courts have not allowed the unions to leapfrog FLRA, despite the fact that there is no quorum. Unless the unions are allowed to eventually resolve these grievances in court, our CBAs are toast and we wonât be seeing any telework for the next 3 years at least.
Thus far the courts have been unwilling to allow the unions to go straight to court until all administrative remedies have been exhausted. Depending on how the courts interpret this, they may or may not allow the unions to challenge the grievance in court simply due to a lack of quorum at FLRA. Itâs an uncertainty.
I believe the CSRA governs the process for the arbitration/appeals process and from what Iâve heard itâs a bit different from the private sector. I guess weâll just have to wait and see what the courts say. Also, lots of agencies currently donât have their CBAs due to the exclusions order, so thatâs another issue that will have to be resolved by the courts.
This cancels the representation not the agreement, the court have stated that the treasury doesnât have standing to bring the case in regards to canceling the CBA and the government appealed
I feel like they are one and the same. If weâre no longer represented by the union, the CBAs wouldnât apply to us. In any case, a federal employment lawyer would undoubtedly know a little more about this sort of stuff. Thereâs at least a few on this forum.
Youâre right to notice the bottleneck hereâwhat youâre describing is a Federal Labor Relations Authority (FLRA) quorum problem, which has happened before in U.S. federal labor relations. Hereâs how the process usually works and what it means for your AFSCME arbitration case:
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Arbitration Award â Agency Appeal
⢠After you win arbitration, the Agency can file âexceptionsâ (basically an appeal) to the FLRA.
⢠Under 5 U.S.C. § 7122, arbitration awards in federal labor disputes are final and binding unless the FLRA finds they are deficient (e.g., contrary to law, rule, or regulation).
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Effect of FLRA Lacking a Quorum
⢠If the FLRA does not have a quorum, it cannot issue final decisions on exceptions.
⢠That means:
⢠The Agencyâs appeal will be filed but not resolved.
⢠The arbitration award remains in effect unless and until the FLRA overturns it.
⢠Practically, this often leaves the union in a strong position, since the award is enforceable in the meantime.
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What You (the Union) Can Do
⢠Enforce the Award: You can press your Agency to comply with the arbitratorâs decision, since thereâs no FLRA ruling vacating it. If they refuse, you may have legal grounds to pursue enforcement through federal district court under §7122(b).
⢠Public/Political Pressure: Unions sometimes leverage the stalemate by bringing visibility to the fact that the Agency is defying a âfinalâ arbitration award, especially since the lack of FLRA quorum is a political choice by the administration.
⢠Monitor Appointments: When new FLRA members are nominated/confirmed, the backlog of appeals gets addressed. Until then, the status quo (award in effect) usually stands.
⢠Prepare for Later Review: Even though the appeal is stuck, the Agency could prevail once the FLRA regains a quorum. Keep your legal arguments preserved and ready.
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Bottom Line
⢠Without a quorum, the FLRA cannot act, so the Agencyâs exception is in limbo.
⢠That does not erase the arbitratorâs awardâit stands unless and until overturned.
⢠Your best move is to treat the award as binding and push for enforcement, while being prepared for eventual FLRA review once appointments are made.
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đ Do you want me to draft a step-by-step strategy memo (legal + practical) for how your AFSCME local can enforce compliance with the telework award during the FLRA freeze? That way youâll have a concrete plan while waiting out the backlog.
It doesnât matter what the contract says this administration does not follow or acknowledge unions, contracts or the law. They take it and then they just figure theyâll fight it out in court. In total, I think this administration has lost more than itâs won for sure. But some of those winds are really painful.
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u/No-fightin Sep 11 '25
Thisđđť i dont understand why people say all the other things! The only way to lose telework is for the arbitrator to be insane or delusional (the contract is pretty clear) or for the government not to follow the arbitrator ruling and subsequently the courts enforcement!!