Full Breakdown
Forest Service Ordered to Reinstate Telework for 20,000 Employees
7/14/2026, 4:24:29 AM
Arbitrator’s Ruling
On July 10, 2026, third-party arbitrator Robert T. Simmelkjaer found that the U.S. Forest Service violated its collective bargaining agreement with the National Federation of Federal Employees (NFFE) and the 2010 Telework Enhancement Act when it issued return-to-office orders in early 2025. The decision mandates that the agency restore telework and remote-work agreements for nearly 20,000 employees, reinstate leave balances, offer reemployment to workers who left because of the orders, and post a signed notice acknowledging the breach. The Forest Service has 30 days to decide whether to appeal.
Legal and Policy Background
President Donald Trump issued a day-one executive order in 2025 directing federal agencies to end telework and require full-time office presence. The Forest Service communicated the new mandate to employees in early March 2025 and subsequently rescinded existing telework arrangements. Under the collective bargaining agreement, management may “change, suspend or terminate” telework only for reasons of performance or conduct. NFFE filed a grievance and an unfair-labor-practice charge in March 2025, arguing that the agency’s unilateral cancellation ignored those contractual limits and conflicted with the Telework Enhancement Act.
Parties’ Positions
- NFFE maintains that the agency acted without bargaining and without the contract-required justification, demanding immediate compliance with the arbitrator’s order.
- Forest Service contends that the change was compelled by the presidential memo, asserting that providing advance notice satisfied contractual obligations and that it had no discretion to refuse the executive directive. The agency has indicated it may appeal the ruling.
- Similar arbitrations have recently favored unions in return-to-office disputes at the Departments of Health and Human Services and Housing and Urban Development.
Impact and Context
The decision arrives as the Forest Service prepares for a large-scale reorganization within the U.S. Department of Agriculture, involving employee relocations. Union officials welcomed the timing, noting that restoring telework eases workforce uncertainty amid the restructuring.
Verbatim Quotes
- “The agency’s violation was a clear and patent breach that went to the heart of the parties’ agreement,” — *Arbitration decision*
- “Nothing in the parties’ master agreement gave the agency the right to unilaterally cancel telework and/or remote work agreements without regard to employees’ individual circumstances, nor was such action ever contemplated by the parties during the negotiations,” — *NFFE*
- “ Management has the right to change or terminate telework and remote work arrangements, the Forest Service said in the arbitration document.” — *Forest Service*
- “The union will ensure the ruling is implemented as quickly as possible.” — *NFFE press release*
- “This favorable decision could not have come at a better time,” — *Genny Kotyk, NFFE Forest Service Council President*
