The Solidarity Docket
Week of May 28, 2026
This week's Docket covers two situations at OPM and the FLRA with major implications for union rights, a summary judgment hearing at the district court level on the FLRA's union election rule, and a telework push from NTEU in response to rising gas prices.
OPM Proposes Mandatory NDAs for All Federal Employees
OPM has announced a proposed rule that would require all federal employees to sign nondisclosure agreements. The proposed rule has not been published in the Federal Register as of this writing; but publication is expected soon. Once published, the public comment period will run 30 days.
OPM’s proposal carries significant implications for bargaining unit employees and their unions. A blanket NDA requirement covering internal agency communications implicates organizational rights under the Federal Service Labor-Management Relations Statute, the duty to bargain, and union representatives' right to communicate with members about conditions of employment.
OPM has expressly tied the NDA requirement to its expanded suitability determination authority. Under the proposed rule, a violation of the NDA could result in removal and a five-year bar from federal employment. OPM has indicated that suitability-based removals of this kind would fall outside MSPB jurisdiction, stripping affected employees of recourse to challenge their removal.
VA Asks FLRA to Eliminate Ratification as a Statutory Right
On April 24, 2026, the Department of Veterans Affairs' Office of Labor Management Relations filed a Request for General Statement of Policy or Guidance asking the Federal Labor Relations Authority to overrule Social Security Administration, 46 FLRA 1404 (1993).
Since 1993, the Authority has held that union membership ratification of a collective bargaining agreement is a statutory right. The VA is asking the Authority to declare that ratification carries no such statutory protection, a change that would substantially reduce union members' ability to accept or reject contracts negotiated on their behalf.
So far, the Authority has not formally accepted the request to change its longstanding precedence. The FLRA has discretion over whether to take up requests of this kind, and not all of them proceed to rulemaking. The request bears monitoring. If the Authority issues a Federal Register notice soliciting public comment, a response window will open, and we will let you know.
AFGE v. FLRA: Hearing Held, Decision Pending
The U.S. District Court for the District of Massachusetts held oral argument on cross-motions for summary judgment in AFGE v. FLRA. The case challenges an FLRA interim final rule that grants politically appointed board members authority over union election proceedings at federal agencies. The outcome will bear directly on the structural independence of the FLRA's adjudicative functions and the administration of union elections government-wide. We will report when the court rules.
NTEU Urges OPM to Restore Telework as Gas Prices Rise
The National Treasury Employees Union sent a letter to the OPM Director this week urging the administration to approve telework arrangements for federal employees until gas prices return to normal levels. NTEU argues that the mandatory full return-to-office combined with elevated fuel costs is imposing financial burdens on federal workers that were not present when the in-person mandate was issued. The vast majority of federal employees have worked fully in-person since early 2025 under White House direction. OPM has not responded publicly toNTEU's letter.
One Year On, Promised Relocations Have Not Come
Government Executive reports that many federal employees who were terminated last year were told their positions would be relocated to new locations. A year later, large numbers of those workers say the moves have not materialized. The reporting describes sustained financial and professional uncertainty for workers left in limbo by agency commitments that were not kept.
New Resource for Feds and their Advocates
Merit Service Advocates has created a RIF resource hub atmeritserviceadvocates.com to add a new FAQ on federal records. The FAQ is designed to assist pro se litigants navigating discovery in MSPB and related proceedings. MSA is the project of Rise Up collaborator Raymon Limon, a former Vice Chair and Member of the U.S. Merit Systems Protection Board (MSPB).
In Solidarity,
Suzanne Summerlin
General Counsel Rise Up: Federal Workers Legal Defense Network
