In May 2023, Secretary McDonough unveiled a plan for 50% in-office attendance for employees, including bargaining unit employees. An impasse has been reached over a key Union proposal. The proposal states that “employees will be required to report to their official duty station (ODS) no more than three days per pay period unless doing so would diminish agency operations and performance.” The carefully crafted language of the Union’s proposal aims to provide flexibility, enabling employees to work either more or less than three days per pay period, depending on agency operations. More importantly, though, the proposal aligns with Article 20 of our Master Agreement.
In contrast, Secretary McDonough’s 50% telework cap contradicts our Master Agreement, which states that “[t]he number of days an employee will work at an alternative worksite per week, pay period, or month will vary based on the specific arrangement made between the employee and the supervisor. Employees may telework as little as one day per month or as much as five days per week for full time telework.” Article 20, Section 6.C.
It is concerning that McDonough’s plan appears to reopen Article 20 of the Master Agreement, which he signed just before announcing his 50% plan. This move raises significant issues as the 50% cap on telework was never envisioned or agreed upon by the parties. Consequently, implementing McDonough’s plan would violate our Master Agreement as well as the Federal Service Labor-Management Relations Statute. Despite this, the Department’s bargaining team has signaled that McDonough may proceed with the plan. Regrettably, this would not be the first instance where Secretary McDonough has disregarded the rule of law in the collective bargaining process.
Our National VA Council has faced challenges with McDonough’s compliance with orders from the Federal Labor Relations Authority (the Authority). One example is an arbitration award in which the arbitrator found that VA Medical Centers were required to have outdoor smoking areas. The Authority affirmed the arbitrator’s decision after the Department appealed. McDonough refuses to comply with the order, however, forcing further litigation by AFGE. According to a member of the National VA Council’s bargaining team, “McDonough’s actions have been a significant disappointment, particularly in failing to align his words with his actions in collective bargaining.”
While the Authority lacks coercive power, it underscores the importance of an honor system within government operations. Problems arise when officials act dishonorably and disregard agreements and the rule of law. Unfortunately, this trend has become common among politicians and government officials, exemplified by McDonough’s promotion of a chief negotiator implicated in bad faith bargaining of the parties’ Master Agreement.
In a recent article entitled VA Secretary: Returning to the Office Helps Veterans, McDonough defended his position of 50% in-office attendance. However, it seems more aptly titled as Returning to the Office Helps Biden’s Chief of Staff. President Biden’s Chief of Staff, Mr. Jeff Zients, reportedly possesses assets totaling $419 million, including commercial real estate.
We find ourselves in a critical moment where our principles and agreements are at risk. As employees, your voice matters. Stay informed, engage in discussions within your units, and advocate for fair and transparent decision-making.
