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The Trump administration is telling agencies to ignore any provisions in their collective bargaining agreements with federal unions that would impede reductions in force (RIFs), as agencies take steps toward implementing their initial RIF plans.

In a March 12 memo to agencies, the Office of Personnel Management argued that collective bargaining with federal unions on RIFs should be limited only to aspects that do not “run afoul” of the government’s RIF regulations.

“Federal sector collective bargaining agreements (CBAs) often contain comprehensive RIF articles that may obviate an agency’s obligation to further collective bargaining,” OPM Acting Director Charles Ezell wrote in the guidance last week. “Any CBA provisions that are inconsistent with OPM regulations or that excessively interfere with management’s rights to ‘determine the organization’ and the ‘number of employees’ of the agency, as well as ‘layoff, and retain employees in the agency’ are unenforceable.”

OPM’s guidance last week came just ahead of agencies’ deadline for submitting their initial RIF plans to the Office of Management and Budget. Agencies’ RIFs are expected to take place in phases over the coming weeks and months, with a final deadline of Sept. 30.

Many agencies are already taking steps toward reducing their headcount. The IRS, for example, has cut approximately 11,000 to 12,000 employees from its workforce, between OPM’s “deferred resignation” offer and the firing of probationary employees. Like many agencies, though, the IRS is now required to reinstate the fired workers following a federal judge’s recent ruling.

But many IRS employees doubt they’ll actually be able to get their jobs back. After the tax filing season deadline, the IRS is looking to make further staffing cuts through a RIF beginning in May.

Ahead of the IRS’ anticipated RIF, the National Treasury Employees Union is preemptively urging the agency to abide by its collective bargaining obligations. NTEU pointed to its collective bargaining agreement, which states that IRS must notify the union ahead of the coming RIF and give NTEU the opportunity to negotiate on the RIF procedures.

“Any action by the IRS seeking to comply with the OMB and OPM guidance … including failing to provide notice to NTEU or affording it the opportunity to negotiate over any RIF; failing to offer the mitigation strategies to impacted employees; and conducting any RIF by Sept. 30 of this year or sooner, would violate article 19 of the parties’ 2022 national agreement,” NTEU National President Doreen Greenwald wrote in a March 14 letter to IRS leadership.

The IRS did not immediately respond to Federal News Network’s request for comment.

Greenwald additionally reminded IRS leaders that the agency previously agreed to do all it can to mitigate the impacts of a RIF on employees — for instance, with Voluntary Early Retirement Authority (VERA) and Voluntary Separation Incentive Pay (VSIP) authorities, as well as relocation opportunities for employees.

“The ‘purpose’ of these provisions was to lessen to the greatest extent the harm to employees that would otherwise be caused by the loss of their jobs,” Greenwald wrote.

And any failure by the IRS to comply with its collective bargaining obligations would constitute an unfair labor practice charge, Greenwald warned.

At the same time, OPM’s guidance acknowledged there are some exceptions where agencies “may” have to abide by CBAs in RIF procedures. That can include, for instance, giving federal unions advance notice before a RIF begins, giving hiring preference to qualified employees, and providing training to employees who end up in a new position, OPM wrote.

But, OPM added, agencies should only provide further information to federal unions on the RIF if the union “articulates a particularized need for the requested information.”

“Satisfying this burden requires more than conclusory or bare assertions. It is not satisfied merely by showing that the requested information would be relevant or useful,” OPM’s Ezell wrote. “Rather, the union must articulate its need for all information requested.”

Last week’s guidance on federal unions’ roles during RIFs aligns with another recent OPM memo, which told agencies to ignore provisions of union contracts that would interfere with return-to-office changes. Those return-to-office requirements have now taken effect at many agencies.

OPM digging into official time, collective bargaining costs

The Trump administration’s OPM is also taking a deeper look at federal employees’ use of official time. A memo on Monday directed agencies to provide addition information on the costs associated with collective bargaining.

OPM’s memo on Monday created a second deadline for agencies to submit information on collective bargaining. By April 18, agencies are now required to report data on various expenses related to collective bargaining, such as arbitral fees, travel expenses, the costs of settling disputes, as well as “the fair market value of agency office space provided to labor unions.”

“Existing evidence suggests these costs may be substantial,” Ezell wrote in the memo.

Monday’s guidance adds onto OPM’s previous requirements for agencies to report information on federal employees’ use of “official time.” A Feb. 27 OPM memo had asked agencies for the names and job titles of all employees who are spending any of their work hours on official time. The February memo also told agencies to report how many bargaining unit employees they currently have, as well as any expenses or reimbursements made by agencies for employees who use official time. Agencies were given until March 14 to respond to OPM’s request for data.

Federal unions such as the American Federation of Government Employees (AFGE) have criticized the Trump administration’s targets on official time and other standard collective bargaining procedures. AFGE has pushed back against what it said was an attempt to stigmatize official time, “something that is completely lawful and routine.”

Federal employees typically use official time to negotiate union contracts, meet with management, file complaints or grievances against an agency, or represent employees who are dealing with disciplinary actions or other management disputes. Federal employees are statutorily prohibited from using official time to recruit new union members, strike or conduct political activities.

The amount of official time employees use is negotiated between agencies and union representatives, with approval from agency management. Federal employees who have been elected as federal unions’ representatives are paid their normal salary and given their normal benefits while working on official time.

When asked whether she was concerned about OPM’s request for the names and titles of all employees that use official time, NTEU’s Greenwald said she would “always worry” about union officials being targeted.

“Official time was granted as part of the law. Federal employees do not have to belong to a union. But we do have to represent all federal employees, whether they’re members or not. That was the give and take with official time — to make sure that we had the resources to do that,” Greenwald told reporters during a press conference earlier this month. “In order for the statute to work, we would want to make sure that there’s never an attack on people who are stepping up to do that kind of work on behalf of federal employees, and on behalf of our union.”

Drew Friedman is a workforce, pay and benefits reporter for Federal News Network.