The IRS Restored Union Email for Managers and Left It Blocked for Bargaining Unit Employees

Your right to a union representative in a federal adverse action case is only as good as your ability to reach that representative — and at the IRS, Government Executive reports, that ability was cut off for the employees who needed it most while being restored for management. The dispute is now in federal court.

For most IRS employees this reads as a union fight about bulletin boards. For a smaller group — anyone with a pending MSPB appeal or EEO complaint during the block — it is something closer to a record problem in their own case.

What Happened at the IRS

Back in May, according to the reporting, the IRS ordered staff to remove “any and all NTEU materials” from its buildings by “whatever steps necessary.” Flyers came off bulletin boards and out of cubicles. Some were destroyed. NTEU sued, and the agency backed off.

Then on August 4, the IRS wrote a new policy. Three pieces of it matter.

A New Posting Rule

Only agency-sponsored materials go up in common areas. The policy states that “Employees are not authorized to post written materials in IRS facilities.” The IRS has told the court this moots the union’s claim, because the rule is content-neutral.

The Union’s Website Is Blocked

NTEU.org is now blocked on agency workstations, flagged for “potentially damaging content.”

The Union’s Email Domain Is Blocked

The agency blocked every email from the nteu.org domain. In one reported instance, an NTEU attorney in MSPB settlement talks never received a document the agency attorney insisted had been sent — until he said he would raise it with the administrative judge. Then the email started arriving.

Why the Union Is Skeptical of the New Policy

A blanket ban on outside postings can be lawful. Agencies control their own workplaces, and a rule that applies to everyone equally is on much firmer ground than one that does not.

The union’s concern is that the rule may not actually operate as a blanket ban. The IRS’s own facilities office has posted notices indicating it may approve non-agency materials anyway — which the union has characterized as a possible “façade for viewpoint-based discrimination.”

That distinction is the whole case. A rule that says no one posts anything is a different animal from a rule that lets one office decide whose materials go up. Viewpoint discrimination is unconstitutional even in a workplace the agency controls.

The Part That Reaches Your Individual Case

Here is the detail that changes this from a union story into a personal one. The IRS restored NTEU email access for managers, HR, and some agency attorneys. It left the block in place for bargaining unit employees.

Under 5 U.S.C. § 7513, an employee facing a covered adverse action has the right to be represented by an attorney or other representative. You have a comparable right to a representative in the EEO process. A right you cannot exercise is not much of a right.

What to Do if the Block Affected Your Case

Most federal employees cannot personally sue over a bulletin board. That is the union’s case, and your union or representative is the right starting point for the workplace-speech side of this.

But if you are an IRS bargaining unit employee with a pending MSPB appeal or EEO complaint, and you could not reach your representative because of the email block, that is not a policy grievance — that is a record issue in your own case, and it belongs in front of your administrative judge.

If that describes you, document it now:

• The dates you tried to reach your representative and the messages that did not arrive
• Any splash screen or bounce notification you received
• Deadlines in your case that passed during the block
• What you or your representative did once you realized communications were failing

Southworth PC focuses on federal employment litigation and offers free consultations. If a communication block cost you contact with your representative in a pending case, the attorneys for federal employees at our firm want to hear from you.

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.