The Federal Employee Survival Blog

Your go-to resource for navigating job uncertainty, protecting your rights, and staying ahead of federal workplace changes. Get the latest insights on policy shifts, legal updates, discipline defense, EEO protections, and career-saving strategies—so you’re always prepared, never blindsided.

📌 Stay informed. Stay protected. Stay in control.

OPM Union Contract Terminations: What Feds Must Know

collective bargaining federal discipline federal employment mspb appeals union representation Feb 17, 2026

If you are a bargaining unit employee who relies on your union for discipline defense or grievance protection, recent guidance from the Office of Personnel Management (OPM) deserves close attention.

OPM Director Scott Kupor issued a memo instructing agency heads covered by Executive Orders 14251 and 14343 to proceed with terminating or modifying collective bargaining agreements to comply with those orders. The administration’s legal theory rests on a rarely used provision of the Civil Service Reform Act of 1978, asserting authority to exclude portions of the federal workforce from collective bargaining under a national security rationale.

Several agencies previously moved to end union contracts last summer. Others paused after federal courts issued injunctions blocking or slowing implementation. This new memo signals OPM’s position that agencies should move forward, notify unions and bargaining unit employees, and implement changes—even while litigation continues. Notably, NTEU-represented units are specifically identified.

How This Affects Discipline and Representation

For federal employees in the middle of a grievance, proposed suspension, removal, performance action, or investigatory interview, the risk is practical and immediate. Collective bargaining agreements often define timelines, procedural protections, and how representation attaches during questioning. If an agency modifies or terminates a contract, those processes can shift quickly.

Weingarten rights—the right to union representation during certain investigatory interviews—stem from statute, not just contract language. But how those rights operate day-to-day is often structured by negotiated agreements. If procedures change midstream, employees can find themselves navigating unclear deadlines or altered appeal paths.

Waiting for “the courts to sort it out” may not protect you from short-term procedural consequences. Agencies sometimes implement operational changes before appellate review is complete. When that happens, missed deadlines or incomplete records can become difficult to repair later in an MSPB or arbitration forum.

Why the Litigation Still Matters

NTEU has argued to the D.C. Circuit that harm is no longer speculative because OPM’s directive makes implementation imminent. Courts often analyze injunction requests differently when a threat becomes concrete rather than theoretical. That procedural posture may influence how quickly the appellate courts respond.

Still, litigation timelines rarely align neatly with disciplinary timelines. Employees facing action cannot assume a favorable ruling will arrive before their reply deadline expires.

Practical Steps to Protect Yourself

First, preserve documentation. If you receive any notice about bargaining unit status, contract termination, or procedural changes, retain a copy outside government systems where lawful. Do not rely on future access.

Second, if you are subject to discipline, performance counseling, investigation, or clearance-related scrutiny, request in writing clarification of the procedures and deadlines currently being applied to your case.

Third, consult your union promptly if available. When stakes are significant—removal, lengthy suspension, career-impacting findings—early consultation with qualified federal employment counsel can prevent avoidable deadline traps.

The most stabilizing mindset in uncertain systems is this: control what can be controlled. Preserve records. Clarify rules. Act before deadlines close.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

THE FEDERAL EMPLOYEE BRIEFING

Your Trusted Guide in Uncertain Times

Stay informed, stay protected. The Federal Employee Briefing delivers expert insights on workforce policies, legal battles, RTO mandates, and union updates—so you’re never caught off guard. With job security, telework, and agency shifts constantly evolving, we provide clear, concise analysis on what’s happening, why it matters, and what you can do next.

📩 Get the latest updates straight to your inbox—because your career depends on it.

You're safe with me. I'll never spam you or sell your contact info.