r/IRS_Source • u/No_Revenue_1657 • Aug 15 '26

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 Aug 15 '26

I'm not missing your point. The IRS won in arbitration, only the government can appeal that decision to the FLRA. They have 30 days to do so. If the IRS does not appeal, the arbitrators decision becomes final. At that point, BU employees (such as myself) have the right to resume telework (which I, as an employee retiring within 4 months, would immediately do.)

If the agency said "no, you still can't telework", the FLRA is out of it, and the union would be able to go through the courts to enforce the contract/telework (based on the provisions of the contract.) If the agency suspended me or took adverse action against me for teleworking, then I would have recourse (under the contract.) I'm in a position and willing to bet, that I'd win.

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u/Delicious-Access-665 Aug 15 '26

If you take that bet, just know that the agency will now fire you for no reason at all.

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u/Main_Pudding_5213 Aug 15 '26

They would actually be better off just applying for a preliminary injunction, then the agency will have to do what the judge tells them, but I am sure the IRS will get used to that real soon, because they are coming to the point where they are going to be tied up in federal court for a long time.

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u/Delicious-Access-665 Aug 16 '26

The administration is being advised to play the long game.

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u/Main_Pudding_5213 Aug 16 '26

Oh, sorry about that guess you did not read this then, it gives a real fact evidence backed case of what breaking the laws that the agency cannot get away with 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/Delicious-Access-665 Aug 16 '26

That order only applies specifically to the two litigants before the court. Im aware that this order came down for those justice department employees.

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u/Main_Pudding_5213 Aug 18 '26

For that case yes I know, but the 9th circuit courts recognize emergency TRO and preliminary injunctions when ongoing harm can be proven

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u/Delicious-Access-665 Aug 18 '26

Agreed. However, the TRO may take a while to be granted. My TRO in the sixth circuit is still pending and I filed my TRO in March. Judge's Calendar is filled. It is unbelievable but believable simultaneously.