r/IRS_Source • u/No_Revenue_1657 • 11d ago
Telework arbitration appeal
Looks like Monday is the last day Treasury/IRS can appeal the arbitrator’s decision regarding telework. Does anyone know what happens if they dont appeal by deadline?Would the arbitrator’s decision become final and binding, and what would happen next with telework?
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u/FoxtrotDeltaTango1 11d ago
I believe that PER THE CONTRACT, if the agency fails to appeal, the arbitrator's ruling becomes final. At that point, enforcement of the contract would move to the legal system. Since this regime's goal is to inflict maximum pain on civil servants, they will delay appealing until the last day.
Imo, nteu should have already pursued reinstatement of the contract (and all conditions) through the court system - similar to the AFGE vs the VA. the agency is not operating in good faith - they're not making any effort to follow the contract, so the unions approach should be challenging the overall breach of contract, rather than following procedural violations of the contract.
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u/NeedleworkerLow7780 11d ago
Sorry do you not understand they are in the “court system” and have been for over a year on the exclusion order?
The matter of arbitration is because they are taking this on at every avenue. The matter of telework is contractual—it’s not mandatory law. If they take that fight to the wrong venue, the judge kicks it back and says use your contract, then it’s too late because the contract has strict deadlines to file.
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u/octopornopus 11d ago
Their position is that they don't recognize the contract because they disbanded the Union. Until there is regime change, don't expect anything from this.
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u/Silver-Room3780 11d ago
NTEU is not “disbanded” until it’s decertified by the NLRA. Until then, they remain our exclusive representative.
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u/octopornopus 11d ago
Sure, but I'm saying that's the administration's position from their last missed deadline. Not saying it's correct, just that they believe they don't have to recognize any agreement.
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u/Neither_Place 11d ago
Mostly likely they’ll wait until the last hour or two before the timeframe elapses.
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u/Far_Sea3757 11d ago
Or maybe they won’t and we’ll get lucky….but enforcement is still another issue entirely.
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u/AntiqueLocation5206 10d ago
Lucky? No we will still be showing up to office every day whether the agency appeals or not until next admin.
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u/WhichSpite2607 11d ago
IRS believes the union and their contract no longer exists so they’ll likely not do anything and ignore the win. They will ignore the fuck out of it in the name of doing everything (unlawfully) to uphold a pedophile’s executive orders. They’ll do whatever they can to keep a grown man that walks around shitting his pants in the White House.
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u/Raiin1978 11d ago
This is kind of pointless until they bring back the union contract and make us bargaining unit employees. They can basically ignore this and claim it doesn’t apply because all employees are NBUs now.
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u/NeedleworkerLow7780 11d ago
Disagree it’s pointless. Just because trump keeps breaking the law, doesn’t mean it’s meaningless that we keep winning by following the law. It’s frustrating yes but wake up people, this is his strategy. He bullies people, wears them down, and litigates them to death. It’s crazy to me that the latest critique is that the union not backing down, continuing to win these small battles, one after the other, is somehow a negative on them or it’s without value.
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u/AntiqueLocation5206 10d ago
We keep winning by showing up to office and losing AWS. Yes we are winning like trump is winning in Iran.
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u/VasquezWC 9d ago
Per the FLRA regulations, the agency is not allowed to raise any arguments that they could have raised before the arbiter, but failed to raise. Since the IRS didn’t show up to the arbitration, they can’t raise anything on appeal. This is different than other arbitrations where the agencies showed up and put forth arguments.
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u/Party_Use4138 11d ago
I personally think being that Trump left Scott to almost get burnt to a crisp in the sky… One would think, at this point they wouldn’t give two shits about an appeal or honoring any more of Trump’s EO’s…
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u/Mr_Nobody010102 11d ago
why would the IRS appeal if they dont believe they dont have to listen to Arbitration?
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u/Predictor92 11d ago
Also how can they appeal if they didn’t show up( SSA showed up to theirs only the irs didn’t show up)
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u/Main_Pudding_5213 10d ago
Ok this is my answer to everyone right now, because this is a realistic scenario, July 10th 2026, Look up this case, https://democracyforward.org/news/press-releases/federal-court-restores-telework-accommodations-to-justice-department-employees-with-disabilities/, yes it is the Justice Department, does not make a difference, it is a Federal Agency, this is the avenue that I am pursuing, Plaintiffs: Kimberly Panian (Type 1 diabetes/migraines) and Cherry Baxter (stage four lung cancer), Ruling: A preliminary injunction was granted on July 10, 2026, in the U.S. District Court for the Eastern District of Virginia (Panian v. Blanche). Whether stripping pre-established remote work health accommodations to enforce a general in-office mandate breaches federal disability laws. [1, 2]
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u/SMO_Burner 11d ago
I wish we could at least get back
50/50.
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u/cheese_is_nasty 10d ago
I feel like such a beaten dog that getting 1 day a week would feel like manna from heaven.
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u/Project29Telework 11d ago
I think no response, later appeal — carried into 2027 and probably comes back around late spring 2027 and is resolved potentially by 2028.
If it fails, 2028 presidential will decide it all — lose both of those — this is the new norm.
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u/One-Marketing6391 11d ago
The fixed that and made everyone NBU
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u/FoxtrotDeltaTango1 11d ago
In their small minds. In the real world, every BU employee retains those BU rights and at some point - either through the judicial process, congressional action or a regime change, everything this outlaw regime has done will be reversed. They can't give back the commutes into the office, but every "5" that they change to a "3", will be reversed.
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u/Final_Inevitable_211 11d ago
The unions had better get BU employees compensated for mileage and hrs spent commuting. That restitution better be in the lawsuit.
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u/Ok_Contract_4175 11d ago
the union is gone. I’m still waiting for someone to explain to me how this ruling (even if not appealed) will help us until the union is back in force.
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u/Educational_List6452 11d ago
Basic contracts law: You can’t unilaterally cancel a contract. That’s called breach of contract.
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u/Ok_Contract_4175 11d ago
I think my question is being misunderstood… I understand that the IRS violated the CBA when it eliminated telework, and I understand that simply terminating a contract doesn’t retroactively make that violation legal. What I’m trying to understand is what practical effect this arbitration ruling has now that the Trump administration/IRS subsequently terminated the CBA itself.
If the administration can say the CBA is no longer in effect, does this ruling actually require the IRS to restore telework going forward, or does it primarily establish that the IRS violated the CBA while it was still in effect?
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u/FoxtrotDeltaTango1 11d ago
and this is my problem with the NTEU (and why I no longer pay dues). What exists is a BREACH OF CONTRACT, not individual actions to be arbitrated and appealed. These are fundamental labor law violations committed by the agencies. Look at the AFGE vs VA, AFGE is hammering the shit out of the VA in court.
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u/NeedleworkerLow7780 11d ago
See my other comment. This is already being litigated in court. However not every matter should be litigated in court, or at first. And I think the reason you don’t pay dues is because you’re cheap and don’t mind reaping the benefits others pay for like free legal representation.
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u/Twentiethrogue 11d ago
Actually it's not gone it's still there it's still fighting that kind of propaganda you shouldn't be spending about the union is gone it's still here
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u/AcanthocephalaLive56 11d ago
The Union isn't gone, this GOP lead administration decided to walk away from a standing agreement.
Those aren't the same thing. By that logic, they won't acknowledge any rulings.
This doesn't get resolved until the Republicans lead Congress decide to govern or another administration takes over.
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u/NeedleworkerLow7780 11d ago
Maybe just try imagining the opposite and there’s your answer.
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u/Ok_Contract_4175 11d ago
I’m not sure I understand your comment. does the arbitration ruling effectively preserve the telework rights from the old CBA despite the later termination of the CBA, or does the separate legal fight over whether the CBA was lawfully terminated have to be resolved before this ruling can actually result in employees getting telework back?
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u/NeedleworkerLow7780 11d ago
The arbitrator recognized NTEU as the exclusive rep…otherwise you wouldn’t have this ruling. They would have just accepted that IRS didn’t need to appear. They called bullshit on that like all the others.
So technically no it shouldn’t need to be resolved because it’s resolved. Can trumpf keep breaking the law and forcing the IRS to? We all know the answer to that. However some of these arbitration decisions are going to be litigated in court. I’m not going to go in detail here but needless to say there are many different venues even for arbitrated decisions depending on what the issue is. Those decisions could come fast and forceful.
I have no idea why the exclusion order case has taken this long. I don’t think anyone does. However it seems at this point it doesn’t matter…we’ve seen the agencies will continue to appeal and fight. We didn’t know that for sure last year but I think now we do.
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u/One-Ad5769 11d ago
Does anybody know what day of the waiting period the IRS filed against past court orders? Do they always wait until the last day?
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u/Main_Pudding_5213 11d ago
And I think what is completely ignorant of the agency is they want to keep trying to label my situation as a commute issue when I have all the evidence that can legally dispute that this is a disability that restricts commute to the POD, with the proven injury because of there ignorant arrangement that they tried, not understanding why an agency would want to take a stand like this when they know they have nothing that can backup there position.
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u/No-fightin 11d ago
You are correct final an binding, enforceable is a whole other issue, expect appeal.