HHS Telework Brief Cited a Case That Doesn't Exist, FLRA Says

When HHS appealed an arbitrator's order to restore telework for its union employees, the agency's brief to the Federal Labor Relations Authority leaned on citations that, according to the Authority, were largely fictitious, erroneous, or irrelevant. The FLRA denied HHS's appeal on October 21, 2026, and its decision offers a rare look at what happens when an agency's legal filing does not hold up to basic checking. For federal employees whose telework rights come from a union contract, the outcome matters more than the embarrassment.

How the HHS Telework Dispute Reached the FLRA

In early 2025, HHS ordered its workforce back to the office full time and canceled telework agreements for bargaining-unit employees. The union grieved the decision. Arbitrator Michael Falvo ruled for the union and directed HHS to rescind its return-to-office directive. HHS then filed exceptions with the FLRA, asking the Authority to overturn the award.

On October 21, the Authority denied HHS's exceptions in full (74 FLRA No. 87). The arbitrator's award stands.

What the Authority Found in HHS's Citations

The decision did not stop at the merits. The Authority reviewed the authorities HHS cited and found that 35 of its 42 citations were fictitious, erroneous, or irrelevant. In one footnote, the Authority addressed a citation to a "913th Air Wing" decision at 57 FLRA 469, with a pinpoint cite to page 472, and described it as a case "which does not exist." The citation appeared in the part of HHS's brief arguing that the arbitrator got the facts wrong.

The Authority also noted that HHS "may have used" a generative AI tool in preparing its filing. That wording is careful: the Authority did not find that AI was used, only that it may have been. Either way, the result is the same. An agency asked an adjudicator to overturn an award protecting employees' working conditions and supported that request with authorities that did not check out.

Why This Matters for Federal Employees

For employees, the important point is not the footnotes. It is that a union contract's telework provisions were enforced through arbitration, and that the enforcement survived the agency's challenge. A management directive did not override the negotiated agreement simply because it came from the top.

The decision is not necessarily the end of the case. HHS has until December 21 to seek further review in federal court, so telework at HHS has not been restored yet. Employees should watch for agency guidance after that date rather than assume any immediate change.

Practical Steps If Your Agency Ended Telework Your Contract Protects

• Read your telework article. Know exactly what your collective bargaining agreement says about telework eligibility, schedules, and how changes must be made.
• Keep your own records. Save your telework agreement, any approvals, and any notice canceling it. Store copies outside government systems where permitted.
• Talk to your union representative. Contract disputes generally run through the negotiated grievance procedure, and grievance deadlines are short.
• Get advice on individual issues. If a telework change is tied to a disability accommodation, discipline, or another individual matter, other rights and deadlines may apply.

If you are unsure how your agency's return-to-office decision affects your rights, the attorneys for federal employees can help you understand your options before deadlines pass.

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.