The Solidarity Docket
Week of January 22, 2026
This week brings progress on appropriations, significant wins for federal workers in contract enforcement cases, and a major reinstatement victory after a nine-month fight.
Congress Advances Appropriations as January 30 Deadline Approaches
Congress continues to make progress on FY 2026 appropriations, with momentum building toward completing all required bills before the current continuing resolution (CR) expires on January 30, 2026.
Since the November CR funded three agencies through the full year, both chambers have passed additional appropriations bills covering Commerce-Justice-Science, Energy and Water, and Interior-Environment. President Trump is expected to sign that measure. The House has also passed bills funding Financial Services-General Government and State Department operations, which the Senate is expected to approve.
Text has been released for the final four bills covering Defense, Homeland Security, Labor-HHS-Education, and Transportation-HUD. The Defense bill would provide a 3.8% pay increase for servicemembers and a 1% increase for civilian employees in 2026.
Despite this progress, a partial shutdown remains possible. Unresolved issues persist, particularly around Homeland Security funding. The current CR prohibits agencies from conducting reductions in force during a shutdown, but it is unclear whether similar protections would apply under any future continuing resolution.
If Congress does not complete appropriations or pass another CR by January 30, portions of the federal government will shut down.
Federal Court Orders TSA to Honor Collective Bargaining Agreement
A federal court has ruled that the Transportation Security Administration must honor its 2024 collective bargaining agreement with the American Federation of Government Employees, blocking the agency's attempt to unilaterally rescind the contract and implement a new labor framework.
TSA had announced it would rescind the CBA and adopt alternative procedures beginning January 11, 2026, characterizing the change as a return to a "security-focused framework." The agency also stated it would stop using its payroll system to collect union dues from Transportation Security Officers' paychecks.
AFGE immediately challenged the action in court, noting that a federal judge had previously blocked a similar attempt to terminate the CBA and that a preliminary injunction remains in force. The court's order requires TSA to continue operating under the existing collective bargaining agreement.
The decision affects approximately 47,000 TSA employees and reinforces that agencies cannot unilaterally disregard negotiated agreements, even when claiming operational or security justifications.
HHS Telework Dispute Decided in Favor of Union Contract
An arbitrator has ruled that the Trump Administration's return-to-office directive does not override telework protections established in the collective bargaining agreement between the Department of Health and Human Services and the National Treasury Employees Union (NTEU).
The ruling affirms that existing contract terms governing telework remain enforceable despite broader executive branch policies directing agencies to increase in-office presence. The arbitrator found that the agency must follow the terms negotiated with the union rather than unilaterally imposing new telework restrictions. The decision requires HHS to rescind its return-to-office directive and immediately reinstate remote work and telework agreements for NTEU members.
This decision is consistent with a pattern emerging across multiple agencies: courts and arbitrators are enforcing collective bargaining agreements and rejecting agency arguments that executive directives permit them to bypass negotiated terms.
In a separate case, an arbitrator also ruled that the Centers for Medicare and Medicaid Services violated statutory obligations to bargain with AFGE over implementation of return-to-office policies. Federal workers covered by CBAs retain the protections established through bargaining, and agencies must follow the contractual process for any changes.
NIOSH Employees Win Full Reinstatement After Nine-Month Fight
Employees at the National Institute for Occupational Safety and Health have been fully reinstated after a nine-month legal battle challenging their terminations.
The affected workers, represented by AFGE, were removed from their positions in what the union characterized as politically motivated terminations. After sustained litigation and advocacy, the employees have been returned to their positions with full back pay and benefits.
The case demonstrates that even lengthy disputes over adverse actions can result in complete victories for federal workers when the underlying removals are found to be improper. Workers facing similar circumstances should document their cases carefully and consult with their union representatives or legal counsel about available remedies.
Brief Notes
Watchdog groups have referred Department of Government Efficiency (DOGE) officials to the Office of Special Counsel for alleged Hatch Act violations related to work with organizations challenging election results.
Sen. Tammy Duckworth (D-IL) has introduced legislation aimed at maintaining the integrity and independence of federal inspectors general.
In solidarity,
Suzanne Summerlin
General Counsel Rise Up: Federal Workers Legal Defense Network