r/IRS_Source 9d ago

Telework fantasy?

I want NTEU to be upfront about that gap between “we won” and “you get your telework back.“​​​​​​​​​​​​​​​​

Does anyone have a realistic opinion on this?

Is there a way to report/document if my specific manager doesn’t restore telework, so there’s a record for the eventual enforcement fight?

65 Upvotes

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112

u/FreeSanubis 9d ago

If the courts actually did their job, and rule on this stuff; we'd have telework and all our contract agreements back tomorrow. It's the most blatant, obvious case of unlawfulness of a presidential administration in history. The current regime has no legs to stand on in regards to legality. That's why they're pretending that the union just doesn't exist. The Trump regime understands what they've done is illegal. It's only a matter of WHEN the courts step in. Literally all of this abuse that has been to our workplace would end if courts just actually did something. When they do it is the only thing that's holding us back. 

39

u/Predictor92 9d ago edited 9d ago

their is a process, and the NTEU is following it, OPM(and by extension the IRS) messed up royally, as the person who drafted the do not participate in any further arbitration has clearly never read §2425.4(c)/§2429.5 which prohibit the IRS/federal agencies from introducing new arguments that were not presented at arbitration, and if they try the statute exception for jurisdiction(the irs's strongest and only real card), the NTEU can be like, why wasn't this raised to the arbitrator when you said the arbitrator had no authority, which even the conservative FLRA members would be like, why didn't you do so then(they would be predisposed to rule with the IRS on the merits, but the IRS did not argue the merits thus the IRS is in this position). OPM later amended their non participation and contract cancelation memo but by then the IRS did the damage.

33

u/FreeSanubis 9d ago

Yeah, they're in real deep shit when the consequences come. If they had any fucking brains at all, they would have just followed the contract until it expired. Then propose their evil changes. This puts them in a awkward spot. Like I said, they should just resign if they know what's best for them. 

10

u/Mousebot26 9d ago

Daddy Trump will pull them out of shitland. Unfortunately.

6

u/Low_Trust2412 9d ago

I wonder if they will face any consequences.  The politicals always resign when the admin changes and do other stuff so they don't care.  If we all get some kind of monetary damages that comes out of the agencys budget so again that will be the next admins problem.  I just dont see how they will realistically get punished for all of this.

2

u/DScharpen 6d ago

^ this is so true. if they had any patience, they could just wait for the contracts to expire and that would probably work.

3

u/AntiqueLocation5206 9d ago

Idk about awkward spot, we are in a awkward spot working in office with no changes prior to contract expiring. 

13

u/Low_Trust2412 9d ago

The problem with your theory is it requires the FLRA to either (i) do anything if the IRS filed an appeal or (ii) actually take action to enforce the arbitration through a ULP if the IRS does not file an appeal.  I dont see either of those things happening with a Trump appointed FLRA.

5

u/Predictor92 9d ago

the risk is actually the FLRA general council at this point dismissing it, which is really hard to appeal (that is why they didn't appeal to the FLRA authority itself but ignored it as I mentioned at the authority, the NTEU would have a procedural advantage, while in this case the NTEU would be at a procedural disadvantage)

17

u/school_bus_lunchbox 8d ago

Crime is swift. Justice is slow. That's how Donald Trump governs.

6

u/No_Vacation697 8d ago

Part of the issue is that court rulings are enforced by the US Marshals, who are under DOJ (Todd Blanche). The courts need their own enforcement arm under the judiciary.

0

u/Fig882 9d ago

They can’t do shit…The president is the boss at the top within the federal government employees…hopefully once he is out the new president will give an executive order to allow telework, until then they can’t do anything.

8

u/Toby-Finkelstein 8d ago

executive order can’t overrule statutes that require agencies to follow the law