Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Union contracts in dispute: Agencies may claim CBAs are “terminated,” but unions may disagree—expect uneven rollout.

• FEMA mass firings in court: A case shows how “who approved what” can matter—and why your documents matter too.

• Possible new “at-will” category: “Schedule Policy/Career” could change protections for certain jobs—watch for notices.

Top Stories:

1. NTEU Says Certain Treasury CBAs are Still in Effect Despite Agency Termination Notices

Source: Government Executive — March 3, 2026

TL;DR: Some agencies say certain union contracts are terminated. NTEU says they’re still in force, and OPM guidance may be shifting while lawsuits continue.

For federal employees, this means:

• Your day-to-day rules (grievances, arbitration, leave practices, schedules, and bargaining rights) may change—or may be disputed—depending on your agency and bargaining unit.
• You may see inconsistent enforcement from office to office while litigation is pending.
• Your best protection is a paper trail of what changed, when, and who told you.

Legal Insight:
Federal labor relations usually run through the federal labor statute (5 U.S.C. chapter 71) and FLRA rules, but agencies may claim exceptions tied to national security. If management says your contract is “terminated” or your bargaining unit status changed, ask for the basis in writing: the authority, the effective date, and exactly what is changing. Save emails, screenshots, and any message that limits your representation rights or blocks a grievance. Because deadlines can be short when rights shift, consider talking with your union and a qualified federal employment attorney.

2. FEMA Mass Firings Litigation: DOJ Statement Conflicts with FEMA’s Written Testimony

Source: Government Executive — March 3, 2026

TL;DR: In a lawsuit about FEMA staffing cuts, a DOJ lawyer’s court statements didn’t match FEMA leadership’s written testimony about who approved the decision. The judge paused the case and may require more sworn statements or depositions.

For federal employees, this means:

• Big staffing actions can turn on who made the decision and what the records show.
• If you’re affected by non-renewals, terminations, or mass personnel moves, your own documents (notices, emails, timelines) can matter a lot.
• “We were told to do it” is not the same as proving it—courts and boards look for proof.

Legal Insight:
Large personnel actions can be challenged through different routes depending on your status and the action (MSPB/EEO/OSC when available, and sometimes federal court for certain claims). If you receive a termination or non-renewal notice, save the notice, the stated reason, and any emails showing who initiated or approved it. Request your personnel records (including your eOPF) promptly. If you’re in a bargaining unit, contact your union early because grievance timelines can be short. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. OPM “Schedule Policy/Career” Framework: Possible New Category that Could Change Job Protections

Source: FedSmith — March 3, 2026

TL;DR: FedSmith reports OPM is describing a new “Schedule Policy/Career” framework for certain “policy-influencing” roles, with agencies being directed to identify positions that could be moved into it. The summary says these roles would be treated as at-will and outside typical adverse action procedures/appeal routes described in the rule summary.

For federal employees, this means:

• If your job is labeled “policy-influencing,” your protections and appeal rights could change.
• You may need to act quickly once your agency issues a list or notice about your position.
• The safest move is to get the details in writing and keep clean records of your duties and job description.

Legal Insight:
A change in your service category can change where you can challenge discipline, removals, or other actions—and in some cases whether you can challenge them at all. If your position is identified for conversion or reclassification, request the written basis (the duties analysis, the position description, and the authority the agency is relying on). Keep copies of any notice, list, or email describing your role as “policy-influencing,” along with timelines and effective dates. If you suspect the change is being used as punishment or retaliation, document comparisons and keep communications in writing. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

Legal Tip of the Day

EEO Deadlines You Cannot Miss

If you think you were discriminated against, harassed, or retaliated against, the first deadline often comes fast. In most federal EEO cases, you generally must contact an EEO counselor within 45 days of the discriminatory event (or when you reasonably learned about it). Don’t wait for “one more incident” if your job is on the line—start documenting now: dates, who was there, what was said, and what changed. Save emails, screenshots, and calendar invites, and keep a simple timeline you can update in 5 minutes a day.

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