Key Takeaways from the Jan 29 Town Hall: Telework, Return to Office, and OPM’s Offer

Key Takeaways from the January 29 Town Hall

Thank you for attending our town hall on January 29, 2025, to discuss the threats to telework and Elon Musk’s so-called “deferred resignation” offer.  Like many of you, we share the frustration of not having clear answers.  Doug Collins has yet to take the helm, and federal employees are being barraged daily with new directives from the White House, OPM, and the Acting VA Secretary.

Our goal is to provide you with the most accurate information possible, but in this rapidly changing environment, that’s no easy task.  It’s even more difficult for VA leaders, who are hesitant to speak out for fear of retaliation under this new administration.

At AFGE Local 17, we stand together. We appreciate your patience, value your support, and remain committed to protecting your rights.  As our union motto states, “To do for all that which no one can do for oneself.” In times like these, that principle has never been more important.

Return to Office/Telework

AFGE Local 17 has filed a grievance challenging Secretary McDonough’s 50% in-office attendance requirement.  Arbitration is scheduled for February 28, 2025, with a decision expected by May or June 2025.  The union is seeking a return to the previous telework agreement and reimbursement for out-of-pocket expenses.

Recent Developments

• January 20, 2025: President Trump ordered executive agencies to take steps to “return to in-person work” and “terminate remote work arrangements.”
• January 24, 2025: The Acting VA Secretary issued a memorandum to management officials outlining VA’s plan to revise or terminate telework and remote work for political appointees, SES employees, and non-bargaining unit employees. This memo does not include changes for bargaining unit employees but states that a “phased implementation plan” is forthcoming.  It also confirms that reasonable accommodations will be considered.
• January 27, 2025: OPM issued guidance to agencies on implementing the return-to-office order.
• This order does not override federal law. Agencies cannot enforce regulations that conflict with collective bargaining agreements under the Federal Service-Labor Management Relations Statute.
• Under the AFGE Master Agreement: Bargaining unit employees may only be removed from the VA Telework Program due to failure to meet telework agreement requirements or performance declining below fully successful.  AFGE Local 17 will take legal action if necessary to enforce these protections.
• Employees should retain all telework-related documentation, including remote work agreements and reasonable accommodation paperwork.
• If your facility attempts to terminate telework agreements for bargaining unit employees based on the January 20 memo, report it to AFGE Local 17 President Doug Massey immediately, including any directives received from VA management.

Takeaway

This executive order does not override the Master Agreement or federal labor law.  Bargaining unit employees cannot be removed from telework unless they fail to meet the requirements of their telework agreement or their performance falls below fully successful.  However, this assumes that the new administration will uphold the rule of law and comply with both our Master Agreement –  which remains in full force and effect for the next two years – and the Federal Service-Labor Management Relations Statute.

Additionally, VACO’s real estate footprint has significantly shrunk since the pandemic, making it logistically impossible to accommodate all employees, particularly at 425 I Street. If management attempts to remove you from telework based on this order, report it to AFGE Local 17 immediately.

OPM “Deferred Resignation” (Bad Deal)

• January 28, 2025: OPM sent an email to federal employees titled “Fork in the Road” offering continued pay, benefits, and remote work through September 30 in exchange for voluntary resignation by February 6.
• This is not a buyout.
  • Buyouts (Voluntary Separation Incentive Payments) are legally regulated and used to reduce the workforce, often before a reduction in force (RIF) or furlough.
  • The current buyout limit is $25,000, and any increase must be approved by Congress.  More details are available from OPM: Voluntary Separation Incentive Payments.
• The “deferred resignation” offer is a bait-and-switch.
  • OPM’s promise of continued employment is not legally binding.  Agencies still have the authority to reassign employees, place them on paid leave, or conduct a RIF.
  • The government is operating under a continuing resolution until mid-March, and Congress has not appropriated funds for these payments.
  • Some legal experts believe the “Fork in the Road” offer may be illegal.
• AFGE National VA Council (NVAC) filed a National Grievance against OPM and VA for unlawful bypass and failure to bargain in good faith under federal labor law and the Master Agreement. Read more about the grievance here.
• Employees should carefully consider the consequences of resigning.
  • Resigning voluntarily may limit your ability to appeal later.
  • You may lose pay or benefits that could otherwise be available through a RIF.
  • Before making a decision, consult a private attorney specializing in federal labor law.

Takeaway

The “deferred resignation” offer is not a true buyout, and there is no guarantee that employees who resign will receive the promised pay or benefits.  Agencies still have the power to reassign or terminate employees, and Congress has not funded this initiative.  If you are considering resignation, be aware of the risks and consult with a federal labor attorney before making any decisions.

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