POPA update 2/4/25

Good Afternoon,

Emails to POPA need to be sent to popahelp@popa.org.  Emails sent to individual POPA reps will not be responded to.

Many POPA-covered employees have contacted us for guidance on whether they should sign up for the deferred resignation program. While POPA is not at all recommending resigning we understand that the pivotal element in employees’ decision-making appears to be whether they can continue to telework or remote work. POPA is gravely concerned that employees are making this decision in a vacuum, and that many employees will resign unnecessarily, impeding the agency’s ability to reduce pendency and meet other needs of our dynamic economy. On the other hand, many employees who are unable to return to work at the Alexandria USPTO campus may well forgo the opportunity to take advantage of the deferred resignation program by this week’s deadline because they have not been informed of the agency’s intentions regarding telework or remote work.

We are aware that the Office of Personnel Management (OPM) issued guidance yesterday informing agencies that collectively bargained telework agreements are unenforceable. We do not agree with that assessment and intend to legally defend those agreements as well as enforcing the agency’s obligations under various telework statutes such as the Telework Enhancement Act Program, 5 U.S.C. §§ 5711(f),(g). However, should the agency violate those agreements and these statutes by ordering employees into a physical USPTO worksite, such legal proceedings may take quite some time to resolve.

This morning I wrote Coke Stewart asking her to immediately communicate with employees and assure them that the agency will continue to honor our collectively bargained telework agreements, as well as its statutory obligations under the Telework Enhancement Act Program so that everyone can make an informed decision by this week’s deadline. Her response was “I want to acknowledge your message even though I do not have further information to share at this time.”

Please see our “Fork in the Road” page on our website (www.popa.org) for updates.

Thanks,

Kathy Duda

POPA President

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