IFPTE Local 777

Below is an email sent to the whole Chicago District bargaining unit, plus Local 777 members. I’ve also added some annotations here that I didn’t feel I could add on the email that was sent to government/official emails.

I know that many of us – myself included – have seen the news of the various policies of the new administration that have now been put into writing. Some of these target us as federal workers; some target groups of people who may include us, our families, and others in our communities. These documents tend to be injected with tones ranging from informality to malice that is uncharacteristic of government documents.

I want to validate feelings of uncertainty, fear, frustration, anger, and even despair. I also want to recognize that some of us may be feeling excitement or anticipation. Any of these feelings are normal and okay to have. As President of IFPTE Local 777, I want to assure each and every worker here at USACE Chicago District that our union has a place for you and cares for you and will always do everything we collectively can to be ready to support you.

I’m going to share some thoughts about the major policies that have come out, how they might affect us, and how we might be able to respond. I cannot discuss issues of strategy in this email. [Those thoughts are here on this website!]

First of all, no matter what changes may come, you have a legal right to problem-solve with your coworkers through collective action. Don’t forget that any strength we have is found in solidarity and standing together, supporting each other. There’s a lot more about this in the attached ACE Council Newsletter. Please give it a read.

On the topic of telework, I have seen the Presidential Memorandum on telework/remote work (no, it’s not an executive order despite how it’s been commonly referred to). I’ve also seen the OPM Memo that provides more guidance to agencies on the topic. Both of these are, in my first reading, rushed and difficult to determine their exact legal meanings. That will unfold over the coming days. In the meantime, the agency (in our case, that refers to DoD and maybe Army HQ) has been instructed to revise their policies in a very expedited manner. I am not convinced that this is possible, especially in the DoD given how such policy revisions usually occur. That said, if they do move quickly; it would still be illegal for management to change your working conditions, or conditions of employment, without first notifying the union and fully meeting their obligations. In that regard, these guidance documents have their issues, and the underlying case law on bargaining over telework is unsettled. While nether side can be expected to bargain in bad faith (e.g., using stalling tactics), the process could still take quite some time to play out fully. Appeals to the Federal Labor Relations Authority, US Court of Appeals, etc. may be necessary in addition to the normal bargaining process. [Local 777 has also started a petition to demonstrate how deeply and widely felt this issue is. We will present this to management and we will insist that in our negotations, we do not “comply in advance” and take these policies at face value. Any assertion by the agency that they do not have to bargain this with us will be met with petitions (and/or unfair labor practice charges) to the FLRA to get a legal ruling from the current FLRA. The most recent telework decision from FLRA was by Trump-appointed majority that overruled years of precedence. We will also not fall for attempts to “informally” bargain, or to concede issues on the basis that the Agency Head may/will disapprove a provision. We will make the Agency actually disapprove it and challenge that decision if warranted.]

On the topic of probationary and temporary/term employees, my thoughts are generally similar. The order requiring agencies to send names of probationary, temporary, and term employees to OPM so that the administration can order an employee fired at their most vulnerable point is outrageous. However, assuming that this goes forward, I foresee several things that may balance how quickly and completely the agency chooses to carry this out. Agencies may well struggle to balance carrying out this directive with the administration’s hiring freeze, and so this may be complex and may take a while to be implemented at the LRC level. [There are many ways to challenge a termination of a probationary employee. Among them, it is illegal to fire a probationary employee for political reasons. (Of course, any other kind of discrimination is also illegal, and retaliation for EEO, Union, or Whistleblower activity are also all on the list of why it’s illegal to fire someone in their probationary period. Local 777 will pursue grievances or other complaints if our bargaining unit employees are fired due to this new process. One good site that outlines some of the strategies we like to use is here.]

On the topics of the DEI/DEIA message the MG Colloton sent out today, this action by the administration is another that is profoundly uncharacteristic of a government document [it’s amateurish, gross, and hateful.] (MG Colloton just sent what the administration said to.)  That said, I do not think it directly affects our bargaining unit in terms of anyone being put on leave or fired. Since none of us are managers or involved in HR, I do not think that the threating language about “reporting” efforts to hide DEIA programs or officials applies to us either. Similarly, the order regarding Schedule F is not likely to affect our bargaining unit in the near term, if at all, in my estimation. [We will still do anything we can – either directly if it pops up in our bargaining unit, or through our parent union – to oppose these attacks.]

My bottom line is this. Now is the time to use your legal rights; especially the right to stand together and have one another’s backs.

It is illegal; and you should notify the union ASAP, if you encounter:

• Supervisors telling you that you may not or should not join or associate with the union (whether it’s because you are probationary, or due to the overall climate, etc.).
• Supervisors changing your working conditions (including terminating or altering a telework or remote work agreement) without notice to the union.
• Any political retaliation.

I care about every one of you, and I want us all to be able to do our jobs and serve our communities and our nation. I will give you all that I can, and many of your coworkers have made similar commitments by taking on roles in our union. We will make it through by supporting each other. Please help when you can, and ask for help when you need it. [If you have not joined the union and are eligible to do so, NOW IS THE TIME.]

In unshakeable solidarity,

-Colin