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Arbitrator Orders Forest Service to Restore Telework for 20,000 Employees

federal employees flra return to office telework union rights Jul 14, 2026

An arbitrator has ordered the U.S. Forest Service to restore telework and remote work agreements for close to 20,000 employees represented by the National Federation of Federal Employees (NFFE) — not as a future promise, but as an immediate directive that also restores lost leave and gives employees who left over the order a chance to return.

What the Arbitrator Found

In a decision issued July 10, 2026, Arbitrator Robert T. Simmelkjaer found that the Forest Service violated both its collective bargaining agreement (CBA) with NFFE and the Telework Enhancement Act of 2010 (5 U.S.C. §§ 6501–6506) when it issued return-to-office (RTO) orders in early 2025 and rescinded existing telework and remote work agreements.

Why a Blanket Return-to-Office Order Wasn't Enough

The union contract allowed management to change, suspend, or terminate an individual employee's telework arrangement only for reasons tied to that employee's performance or conduct, with advance notice and a stated reason. A blanket, agency-wide RTO order doesn't meet that standard — it isn't tied to individual circumstances. The arbitrator found the 2025 orders were unilateral, and concluded the agency's actions amounted to an unfair labor practice and a prohibited personnel practice that violated merit system principles.

What the Order Requires the Forest Service to Do

The arbitrator's order directs the Forest Service to restore telework and remote work agreements, restore any leave balances employees lost as a result of the RTO order, give employees who left the agency because of the order an opportunity to rejoin, and post a signed notice acknowledging the violation. The Forest Service has 30 days to decide whether to file exceptions to the award with the Federal Labor Relations Authority (5 U.S.C. § 7122; 5 C.F.R. § 2425.2).

What This Means if Your Telework Was Also Canceled

This isn't an isolated result — arbitrators reached similar conclusions against the Departments of Health and Human Services and Housing and Urban Development earlier this year. The pattern is the same: a telework or remote work arrangement written into a negotiated contract remains enforceable through the grievance and arbitration process (5 U.S.C. § 7121), even when a broad return-to-office directive has been issued agency-wide. If your telework was rescinded by a blanket order rather than an individualized decision, that contract language may still be doing work for you — bring the details to your union steward.

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Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. You can contact Southworth PC at attorneysforfederalemployees.com.

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