Understanding President Donald Trump’s Executive Order on Telework and Its Immediate Impacts
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Dear Colleagues,
As you may be aware, President Trump was sworn in yesterday and signed an executive order that impacts federal employees’ ability to telework. The executive order states that “heads of all departments and agencies in the executive branch shall, as soon as practicable, take all necessary steps to terminate remote work arrangements and require employees to return to work in-person at their respective duty stations on a full-time basis, provided that department and agency heads make exemptions they deem necessary. The memorandum shall be implemented consistent with applicable law.”
Legal Protections That Supersede Trump’s Executive Order on Telework
While this directive raises serious concerns, it is important to understand that it does not automatically mean an end to all telework and remote work agreements. Notably, the order specifies that it must be implemented consistent with applicable law. This means employees with reasonable accommodation agreements should continue to be protected under the Rehabilitation Act, a federal statute that clearly supersedes an executive order. People also tend to forget about the Telework Enhancement Act of 2010, which authorizes federal employees to telework to the maximum extent possible without compromising agency operations and performance.
How the Master Agreement Protect Against Trump’s Executive Order on Telework
Additionally, our collective bargaining agreement (the Master Agreement) also supersedes an executive order, providing a strong foundation for telework arrangements. Article 20 of the Master Agreement states that the 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, meaning there are no arbitrary limitations on the number of telework days.
Agency Leadership’s History of Non-Compliance with Master Agreements
However, history has shown that agency leadership may not always comply with such protections. For example, former Secretary Wilkie ignored our Master Agreement when he implemented an executive order restricting the Union’s use of office space and official time for representational duties. He incorrectly assumed our Master Agreement had expired at the time, failing to acknowledge the valid rollover provision that kept it in force. The Union successfully challenged that decision, reinforcing the importance of our contractual rights.
Why Trump’s Executive Order on Telework Faces Operational Challenges
The order contains additional flexibility by stating that department and agency heads can make exemptions they deem necessary. This discretion is crucial, particularly given the Department’s significant reduction in its real estate footprint over the past five years. Many offices simply do not have sufficient space to accommodate a full return to in-person work, making telework a practical necessity to maintain operational efficiency. The Union strongly believes that this reality must be taken into account when implementing the order.
Potential Union Actions to Counter Trump’s Executive Order on Telework
While the Secretary of Veterans Affairs has the discretion to implement the order, any actions taken in violation of applicable laws and our negotiated agreement will be challenged by the Union. We are prepared to litigate to ensure your telework rights are protected.
Please rest assured that AFGE Local 17 is closely monitoring the situation and will keep you informed of any developments. We encourage you to reach out with any questions or concerns about your specific telework arrangements.
Regards,
Doug
Douglas E. Massey, Esq.
President
