AFGE Sounds the Alarm on “Fork in the Road” – 20 Key Takeaways from our Town Hall

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AFGE Local 17
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On February 5, AFGE Local 17 hosted a crucial live town hall, bringing together union leaders, legal experts, and members to discuss the latest challenges facing VA Central Office employees and federal employees across the country. With pressing issues such as telework rollbacks, the “Fork in the Road” deferred resignation program, and the broader attack on federal employees, this town hall provided valuable insight into what lies ahead—and how we can fight back.

As discussed during the town hall, we closely monitored questions submitted in the live chat to ensure members’ concerns were heard. To provide clarity and address the most pressing inquiries, we have also compiled a comprehensive Q&A section in this article, covering the key topics that generated the most discussion.

Fork in the Road: Union Strength in Times of Change

AFGE Local 17 President Doug Massey opened the town hall by reaffirming the union’s unwavering commitment to representing VA Central Office employees. He acknowledged the difficult and uncertain times, emphasizing that while federal employees didn’t join the VA for “fame or fortune,” they are here to serve Veterans and deserve a work environment that supports them—not one that undermines their rights.

Doug also took a moment to recognize Alma Lee, President of the National VA Council (NVAC), who could not attend due to a medical issue. Her decades-long dedication to labor advocacy was honored, and the union wished President Lee a swift recovery.

Fork in the Road: A False Narrative Against Federal Workers

The discussion quickly turned to the ongoing attacks on federal employees, with Doug calling out the administration’s attempts to paint government workers as lazy or inefficient. The reality, he pointed out, is far different—VA employees work tirelessly to fulfill the agency’s mission, and productivity has only increased with expanded telework policies.

Leadership’s job should be to create an environment where employees can thrive.
That can’t happen by instilling fear or attacking our rights.

Douglas Massey, President AFGE Local 17

Telework Under Threat

AFGE Deputy General Counsel Thomas Dargon joined the discussion to provide a legal perspective on two key issues: the administration’s efforts to scale back telework and the controversial “Fork in the Road” resignation program.

Thomas outlined how VA leadership is attempting to force a return to the office, despite a lack of space, logistical challenges, and evidence that telework has actually improved efficiency. He pointed out that VA’s unilateral changes to telework violate Article 20 of the union’s Master Agreement, which states that telework arrangements should be individualized, not dictated by arbitrary caps.

To challenge these violations, AFGE has filed grievances and is taking the fight to arbitration. The key arbitration hearing on the 50% in-office mandate is scheduled for February 28, and AFGE is seeking fact witnesses to provide evidence of how this mandate has negatively impacted employees.

If you’ve incurred additional commuting costs, extended childcare expenses, or other financial burdens due to this forced return, please contact AFGE Local 17 to participate in the arbitration process.

Fork in the Road: What Federal Workers Should Know

The “Fork in the Road” program, announced in late January, has left many federal employees questioning their future. Marketed as a “buyout,” the “Fork in the Road” program actually asks employees to voluntarily resign by February 6 in exchange for a promise that they will continue receiving paychecks through September 30, 2025—a promise that may be unenforceable.

Thomas explained the serious concerns surrounding the “Fork in the Road” program, including:

  • It’s not a true buyout. Traditional buyouts like VERA/VSIP are authorized by law and provide guaranteed lump-sum payments. The “Fork in the Road” offer is a voluntary resignation with no guaranteed compensation.
  • It may not be funded. With the federal government operating under a continuing resolution, Congress has not actually approved funds for these deferred salaries. So the “Fork in the Road” program may actually be a “dead end”.
  • There are exceptions and loopholes to the “Fork in the Road” program. Even if an employee opts in, agencies can force them to continue working or exempt their position from eligibility.
  • It limits legal recourse. Employees who resign under this “Fork in the Road” program may lose their appeal rights if funding falls through or if the “Fork in the Road” program is shut down.

While some employees close to retirement may consider this “Fork in the Road” program a viable option, AFGE strongly advises caution before making any decisions regarding this “Fork in the Road” program.

Reasonable Accommodations & Telework Protections

Another alarming development is VA’s reported directive to pause all pending and new reasonable accommodation requests that involve telework. This is a direct violation of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and VA’s own policies.

AFGE has already filed a national grievance to challenge this unlawful action. If you have a reasonable accommodation for telework, it is critical to retain all documentation and contact your union representative immediately if you receive pushback.

Frequently Asked Questions

During our recent live stream, many important questions were raised about remote work policies, return-to-office mandates, job security, and employee rights. This FAQ compiles the most common concerns discussed, including issues related to probationary employees, telework agreements, legal protections, and workplace logistics. Below, you’ll find answers to the key questions that were asked, organized by theme for easy reference.

1. Remote Work & Return-to-Office (RTO) Concerns

Key Questions:

  • “How is my home duty station being eliminated? I was hired remote, with no expectation to ever come into a facility.”
    • The Department has not announced any changes for remote work agreements of bargaining unit employees.
  • “Will any of the grievances address remote workers also?”
    • AFGE will file a grievance regarding any changes to remote worker agreements that impact bargaining unit employees. Employees should comply with orders issued by their supervisor until there is resolution of any litigation.
  • “I was hired as remote (job posting stated 100% remote). Would I still be subject to return to office?”
    • The Department has not currently provided guidance or issued a directive regarding bargaining unit employee who were hired remotely.
  • “So far, they are asking remote workers who are within 50 miles to return to the office. Will the folks who are outside of the 50 miles be expected to relocate? If so, will the move be funded?”
    • The Department has not currently made any changes to remote work agreements for bargaining unit employees. The Department will have to issue guidance for any changes. VA Handbook 5011 mandates if an employee accepts an offer due to termination of a remote work agreement, relocation costs will be paid by the Department in accordance with regulation and VA policy.
  • “If the union is asking to restore the telework policy back to what it was before Sec. McDonough implemented the 50% rule, what’s the ask for remote workers?”
    • AFGE Local 17 does not support making involuntary changes to telework or remote agreements for any bargaining unit employee.

Main Concern: Many employees were hired as remote workers and now fear being forced back into the office despite job postings originally stating they were 100% remote. Some are questioning whether relocation costs will be covered or if they will be required to move.

2. Probationary Employees & Job Security

Key Questions:

  • “If we just started with the VA completely remote on 01 December 2024 and came from another DOD entity and we are on probation, are we at risk of losing our jobs?”
    • Email Local 17 President Doug Massey with a description of your personal situation and a Union steward will be assigned to assist you.
  • “Can you please speak to the issue of probationary employees and our rights?”
  • “Can you please address how probationary employees will be impacted and handled? Is the union advocating for probationary employees?”
    • AFGE has not received any information from the Department about changes in treatment of probationary employees. AFGE is advocating against any mass removal of probationary employees, but only Congress can grant greater due process rights to probationary employees. For example, in this decision, the Federal Labor Relations Authority unanimously overturned an arbitration decision from VA reinstating a probationary employee: https://www.flra.gov/decisions/v72/72-42.html.

Main Concern: New hires on probationary status are unsure about their job security under the new policies and whether the union is advocating for them.

3. Reduction in Force (RIF) & Early Retirement (VERA/VSIP)

Key Questions:

  • “It was my understanding a RIF requires 60 days’ notice to an employee. Is this correct?”
    • Yes, RIFs require at least 60 days written notice to potentially impacted employees. The Union has not received notice of any planned RIFs. RIFs are a complex and time-consuming process.
  • “Do they ever combine VERA and VSIP together when offering the early retirement option?”
  • “If I have 15 years and the age to retire, how will a RIF affect my ability to retire?”
    • RIF procedures are extremely complicated and there has been no announcement or indication of impending RIFs at the Department. Each employee has unique circumstances that must be reviewed individually.
  • “What happens when there is inadequate space? What is expected then?”
    • The Department must provide adequate office space for an employee to perform their Agency duties. Employees would not be able to be recalled from telework or remote work until such space has been provided.

Main Concern: Employees are worried about job cuts due to space limitations, lack of funding, and downsizing, particularly regarding early retirement options (VERA/VSIP) and how a Reduction in Force (RIF) would be handled.

Key Questions:

  • “Can AFGE beat this master agreement violation? Are we potentially going to be directed to private federal labor lawyers at some point?”
    • AFGE will file grievance regarding any violations of the Master Agreement and will, if necessary, go to arbitration before an impartial arbitrator to protect the rights of bargaining unit employees. There are both NVAC grievances at the national level and Local 17 at the local level regarding VA violating the Master Agreement, including mandating telework.
  • “Isn’t the access, removal, and distribution/theft of our/my PII (SSN, bank account info, performance reviews, etc. from both OPM and Treasury a criminal act? Can AFGE Counsel provide any guidance?”
  • “If telework is bargained, it’s enforceable for the duration of the contract, right?”
  • “VA would be liable for millions of dollars if they violate RAs (Reasonable Accommodations).”
    • Federal agencies may be financially liable for violating the rights of employees.

Main Concern: Many participants believe contract violations are occurring and are looking for legal guidance from AFGE on enforcing union agreements and protecting personal data.

5. Telework vs. Remote Work Definitions & Policy Clarity

Key Questions:

  • “The words ‘remote’ and ‘teleworker’ are being used interchangeably. They are not the same. Can you clarify?”
    • Telework refers to arrangements where the employee is expected to report to work both at an agency worksite and alternative worksite on a regular and recurring basis each pay period. Remote work does not involve an expectation that the employee regularly reports to the agency worksite each pay period and the official duty station is typically the employee’s personal residence. The remote work agreement must accurately document the employee’s worksite to enable accurate determination of locality pay.
  • “Could you please address the remote work EOs and how do we distinguish between agency offices like the DC BVA office and other VA department offices?”
    • VA has not provided guidance about how any revocation or modifications to telework agreements will work for bargaining unit employees. If your supervisor contacts you about changes to your telework or remote work agreements, please contact Local 17 President Doug Massey.
  • “So for us BUEs (Bargaining Unit Employees), what is being done to combat the current requirement coming down of returning to office if we are fully remote?”
    • Currently, the Department has not made changes to the telework and remote status of bargaining unit employees. If the Department does make changes, the Union will request to negotiate these changes. If the Department violates the Master Agreement or Telework Enhancement Act, the Union will litigate to protect the rights of bargaining unit employees.

Main Concern: Employees want clear definitions of remote work vs. telework and who is impacted by return-to-office policies.

6. Office Space & Logistics

Key Questions:

  • “Before the pandemic, VACO had 47 buildings, now we have between 5 and 7. How in the world could EVERYONE come back?”
    • The Department does not currently have sufficient office space to recall all employees from telework. The logistics of how such a process would be implemented is currently unknown.
  • “There was a recent article stating that this administration wants GSA to cancel 7500 leases. What does this mean for staff forced to return to work?”
    • The Department must provide adequate office space for any employee recalled from telework or remote work. The Department has not provided information about how they intend to maximize in-person work.
  • “No $ in the budget to purchase desks, chairs, etc. How is this going to work?”
    • The federal government is operating under a continuing resolution until March 14, 2025. The budget situation beyond that for the Department and other agencies is currently unknown. The Department has not announced its new office space strategy given the new Presidential Memorandum on maximizing in-person work.

Main Concern: Employees are skeptical about how physical space limitations will be handled and whether returning to office is logistically feasible given budget constraints.

7. Reasonable Accommodations (RA) & Employee Rights

Key Questions:

  • “If you have an existing RA (Reasonable Accommodation), are those being attacked as well?”
    • Current OPM says that current RAs for telework are not affected.
  • “They cannot override an MD’s recommendation, correct?”
    • The agency makes the determination regarding what accommodations will be provided during an interactive process with the employee. Bargaining unit employees who believe the Agency is discriminating against them on the basis of disability may file a complaint with the EEOC.
  • “In many jurisdictions, violations of the Rehab Act and ADAAA award triple damages. Is VA at risk?”
    • Agencies may be liable for compensatory damages for discrimination against employees based on disability. Regarding triple damages, punitive damages are not available against the federal government in EEOC proceedings. See: https://www.eeoc.gov/federal-sector/management-directive/chapter-11-remedies
  • “We recently had a Lunch and Learn about Reasonable Accommodation. Can you provide more information?”
    • Yes, AFGE Local 17 is scheduling an upcoming event with an attorney who is an expert in reasonable accommodations, stay tuned for more information.

Main Concern: Employees with medical accommodations are concerned that telework-based accommodations may be ignored. They want clarity on whether their rights are protected under existing laws.

8. Access to Documents (eOPF Issues & Government Systems)

Key Questions:

  • “Tried to download my eOPF file yesterday at noon. It’s still pending. Why is this happening?”
  • “My eOPF file has been hung for 2 days trying to get the download.”
  • “Even after I got my eOPF to download, I couldn’t get the document to open. I had to download each document individually.”

Local 17 understands many employees are struggling with downloading their personnel folders. We are posting a guide on eOPF right here on the Local 17 website. Employees can try downloading their eOPF file again or using a different browser, like Chrome or Edge. To access the guide, click the button below.

Download Guide

Main Concern: Employees are struggling to access their electronic Official Personnel Files (eOPF) due to system slowdowns or errors.

9. Communication & Management Issues

Key Questions:

  • “Management is not allowed to speak to ANY BUEs (Bargaining Unit Employees) without union representation, correct?”
    • Management may speak to employees regarding their performance without a union representative. In an investigative meeting, a bargaining unit employee may request a union representative. A union representative must be present for any formal discussion between one or more representatives of the agency and one or more employees in the bargaining unit concerning any grievance or any personnel policy or practices or other general condition of employment. See 5 USC 7114(a)(2).
  • “If Box 37 on your SF-50 says 1272, does that mean management cannot talk to you?”
    • 1272 means you are a bargaining unit employee. Supervisors should not discuss conditions of employment, such as changes to telework or deferred resignation, with bargaining unit employees without a union representative present.
  • “My managers aren’t talking to me at all about it. They’ve all been brought back to the office and are staying quiet.”
    • VA has directed supervisors to not communicate to bargaining unit employees about changes in telework. Currently, AFGE has not received notice or guidance from the Department regarding any changes to telework for bargaining unit employees.

Main Concern: Employees are uncertain about management’s role in the return-to-office process and are unsure who they can trust for information.

10. Union & Next Steps

Key Questions:

  • “Is this podcast being recorded so we can share this?”
  • “Will there be an AFGE march not in the middle of a workday so remote employees can attend?”
    • AFGE Local 17 will keep you advised regarding upcoming AFGE events. Participation in marches or other demonstrations should not be done on duty time for federal employees.
  • “If they schedule a meeting, should we notify our union reps immediately?”
    • Yes, please let AFGE know if your supervisor schedules a meeting to discuss changes to conditions of employment, including telework.

Main Concern: Employees want to stay informed, share information, and participate in union-led actions to advocate for their rights.

Final Takeaways:

  • Biggest concern: Return-to-Office mandates and remote employees being forced back despite hiring terms.
  • Strong legal concerns: Master Agreement violations, reasonable accommodations, and employee rights.
  • Union’s role: Employees want more transparency on how AFGE is fighting for them.
  • Logistics & execution worries: Limited office space, unclear budget, and management silence.

AFGE’s national team recently sent out an FAQ flyer via email, separate from the live stream discussion. This flyer covers key details on OPM’s Deferred Retirement Program (“Fork in the Road”) and other workplace policies. You can review it by clicking the following link:

🔗 AFGE FAQ Flyer

What’s Next? How You Can Take Action

1. Support the Arbitration Hearing (Feb. 28)

If you’ve been financially burdened by the forced return to office, consider serving as a witness in the upcoming arbitration hearing. Contact Local 17 to share your story.

2. Attend the AFGE Legislative Conference & Rally (Feb. 11)

AFGE will be hosting a legislative conference from Feb. 9-12 in Washington, D.C., where union leaders will meet with members of Congress to fight for workers’ rights.

📍 Rally Details:
📅 Tuesday, February 11
📍 Meet at 11:30 AM outside the Hyatt Regency, 400 New Jersey Ave NW
📣 March to the U.S. Capitol at 12:00 PM

All available members are encouraged to attend and show solidarity!

3. Stay Informed & Connected

✅ Visit afge.org/afgestrong for more information.
✅ Subscribe to AFGE Local 17’s YouTube channel for future town halls and legal briefings.
✅ Keep an eye on your inbox for an upcoming podcast on reasonable accommodations.

Final Thoughts

Doug closed the town hall with a reminder that AFGE Local 17 is here to fight for every member. While the administration may try to roll back our rights, we are stronger together—and we will continue to push back against harmful policies to protect the employees who serve our nation’s Veterans.

✊ Stay united. Stay engaged. Stay strong.

For any urgent questions, reach out to your union reps—and stay tuned for further updates.

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