On Thursday, March 13, 2025 (12:15pm) the AFGE General Committee Spokesperson released a email to Union officials with a summary of the Morning Meeting with Acting Commissioner Dudek and the the leadership of the three (3) SSA Unions.
This is a summary of the discussions on RTO and Telework:
At the top of the meeting, I raised the recent telework terminations at OCIO, and stated that the terminations will induce attrition that will threaten systems stability and knowledge transfer of SSA’s aging and fragile systems. I reiterated that telework terminations for other SSA components, especially the frontlines (FO, TSC, WSU, OHO, OAO, OQR, etc.), would be inconsistent with the Administration’s exemptions from the hiring freeze EO, deferred resignations, and probationary terminations because telework elimination would cause catastrophic attrition at a time when we are already at the lowest staffing levels in 50 years serving more Americans than ever, and that such attrition would lead to service collapse.
In response, the Acting Commissioner stated that he would honor union contracts, and stated that the OCIO telework cuts are only temporary because there are time-limited projects that he believed were best served through in-person collaboration. I stated that the problem is that OCIO employees received an HRIC telling them that their telework was terminated, and that their supervisors served them with termination notices, which suggests that the cuts were not temporary. I also stated that, agencywide, management did not solicit their employees for new telework agreements as required by the contract every February and August, which does not create the appearance that the Agency is honoring the contract. Mr. Dudek reiterated that he would honor the contracts and that there he has no plan or intention to permanently eliminate telework. I stated that actions must be taken to correct the record. I will be following up with OLMER on this matter.
Mr. Dudek also reiterated his statement that he would adhere to the contracts in response to questions from the AALJ. This is an apparent change in position from the prior emails employees have received since January, and we will do everything to ensure that the Agency follows through.
On Thursday, March 13, 2025 (3:55pm) the Agency released the following notice to AFGE General committee Spokesperson:
Dear Mr. Couture, This is informational notice that in accordance with Article 41, Section 5.C. of the 2019 SSA/AFGE National Agreement, the Social Security Administration is suspending telework effective March 16, 2025, for all AFGE bargaining unit employees with the exception of employees in the Office of Hearings Operations, and the Office of Financial Policy and Program Integrity. All effected AFGE employees must return to work in-person at their respective duty stations on a full-time basis unless excused due to a disability, qualifying medical condition, or other compelling reason certified by the agency head and the employee’s supervisor.
Eddie Taylor Associate Commissioner Office of Labor-Management and Employe Relations
On Thursday, March 13, 2025 (4:01 pm) the Agency released the following notice to SSA Bargaining Unit
From: ^Human Resources Internal Communications <Human.Resources.Internal.Communications@ssa.gov> Sent: Thursday, March 13, 2025 4:01 PM Subject: Bargaining Unit Employees – Return to In-Person Work
A Message to All Employees
Subject: Bargaining Unit Employees – Return to In-Person Work
On Monday, January 20, 2025, President Trump issued a Presidential Memorandum (PM) requiring all employees to return to work in-person full time. This message serves as your official notice that your telework agreement will be suspended effective March 16, 2025, with all employees expected to return to work in-person full time on March 17, 2025.
*AFGE’s position that the Agency is in violation of the AFGE/SSA Negotiated Agreement.
*AFGE is in consultation with our Legal team for guidance on an effective response/litigation plan.
*Employees should return to work as directed.
*AFGE will continue to update as information becomes available.
*We urge all employees including friends and family to contact the legislative representative with your concerns.
“This action will transform the professional civil service into an army of political appointees loyal to Trump, not their mission.”
“It dismantles the merit-based civil service, jeopardizing professionalism and impartiality.”
Key Details:
Creates a hiring authority in the excepted service (Schedule PC) for policy-influencing decisions.
Could make hundreds of thousands of non-partisan roles into at-will positions.
Purports to remove due process protections and collective bargaining rights.
Legal Analysis: Nothing in this Executive Order, as written, should abrogate existing collective bargaining agreements (CBAs), which remain in full force and effect. If agencies attempt to violate CBAs, unions should notify their Districts, Councils, and AFGE National. Members are encouraged to comply and grieve to ensure rights are upheld.
President Kelley: “This order is a blatant attempt to corrupt the federal government by removing protections for workers, making them answerable only to one man.”
Return to Worksite Directive
Soundbites:
“Telework isn’t new—over half of federal employees never worked remotely, even during the pandemic.”
“Smart telework enhances productivity, recruitment, and retention. Rolling it back disrupts operations and progress.”
Key Details:
Directive allows agencies discretion in implementation, with no specific timeline.
Hybrid schedules negotiated in contracts remain binding.
Legal Analysis: This directive does not, as written, violate collective bargaining agreements. Hybrid telework schedules detailed in CBAs remain legally binding. Should agencies implement policies contrary to CBAs, unions must notify their Districts, Councils, and AFGE National, comply, and grieve.
President Kelley: “This directive undoes decades of workplace progress. Rather than regressing, we urge the administration to focus on improving government programs for the public.”
Federal Hiring Freeze Memorandum
Soundbites:
“The federal workforce hasn’t grown since the 1970s, while the U.S. population has skyrocketed.”
Freezes civilian hiring for up to 90 days, with exceptions for national security and public safety roles.
Prohibits outsourcing to circumvent the freeze.
Legal Analysis: The hiring freeze does not, on its face, abrogate CBAs. However, agencies’ implementation must align with negotiated agreements. If violations occur, unions should escalate to their Districts, Councils, and AFGE National, ensuring compliance and filing grievances as necessary.
President Kelley: “This isn’t about efficiency—it’s about chaos and targeting patriotic Americans. These actions only harm the services the public relies on.”
Targeting DEI Programs
Soundbites:
“Merit-based systems require fairness for all, ensuring opportunity regardless of background.”
“Federal agencies have the lowest gender and racial pay gaps because hiring decisions are based on ability, not bias.”
Key Details:
Ends all DEI initiatives and reviews federal employment practices for compliance with the EO.
Risks undermining workplace equity and military readiness, as per defense leaders.
Legal Analysis: The EO’s directive to review employment practices must comply with existing CBAs. If agencies attempt to implement changes that conflict with CBAs, unions should notify their Districts, Councils, and AFGE National, comply, and grieve to uphold the negotiated terms.
President Kelley: “DEI programs promote fairness and build a workforce that mirrors America’s diversity. Their elimination jeopardizes progress and inclusivity.”
Lawsuit Against DOGE
Soundbites:
“Fairness, accountability, and transparency—these are at the heart of our lawsuit.”
“Federal employees aren’t the problem; they are the solution. Excluding them threatens good governance.”
Key Details:
DOGE’s composition excludes federal employees’ voices, violating the Federal Advisory Committee Act.
AFGE and partners demand fair representation and transparency in government decision-making.
Legal Analysis: While this lawsuit focuses on transparency and accountability, it is also critical for agencies to honor CBAs. If DOGE-led initiatives infringe on CBA terms, unions should escalate issues to their Districts, Councils, and AFGE National, comply, and grieve.
President Kelley: “This fight is about fairness and integrity. Federal employees’ voices are crucial to decisions affecting their work and public service.”
Reforming Federal Hiring
Soundbites:
“Replacing objective criteria with vague ideals is a path to cronyism. Federal jobs should go to the most qualified, not the most connected.”
“Merit-based hiring ensures federal employees serve the public, not political interests.”
Key Details:
Proposes subjective hiring criteria tied to “American ideals” and “efficiency,” undermining the current merit-based system.
Legal Analysis: This EO, as written, does not eliminate protections afforded under CBAs. Should agencies adopt hiring practices inconsistent with CBAs, unions must escalate issues to their Districts, Councils, and AFGE National, comply, and grieve to protect merit-based hiring systems.
President Kelley: “The federal government already hires and promotes exclusively on the basis of merit. The results are clear: a diverse federal workforce that looks like the nation it serves, with the lowest gender and racial pay gaps in the country. We should all be proud of that.”
In just four weeks we are facing another potential government shutdown. AFGE/SSA have updated the Government Shutdown agreement. The full agreement is attached.
Here are a few highlights from the agreement:
7. Unless authorized by law, employees are prohibited from providing voluntary services to the Agency during a furlough.
The Agency will continue to provide the full Agency contribution to health benefits under the Federal Employees Health Benefit Program for employees affected by a furlough consistent with Statute and Government-wide regulations.
The Parties acknowledge that the amount of income taxes withheld from employees’ biweekly earnings will be adjusted to reflect the reduction in earnings that results from the furlough. Where employees request changes to withholdings/deductions, the employer will make reasonable efforts to process such changes in an expeditious manner.
Members please review the side-by-side comparison of old vs new contract language proposed for a MEMBERS ONLY VOTE Wednesday, October 11, 2023, 6pm CST via ZOOM invite below.
Topic: AFGE MEMBERSHIP MEETING AND RATIFICATION VOTE Time: Oct 11, 2023 06:00 PM Central Time (US and Canada)
Join Zoom Meeting Link https://us02web.zoom.us/j/84503649449?pwd=cWlENC9HTWNDcVcxS2xTVUpNalE5QT09
Meeting ID: 845 0364 9449 Passcode: 101123
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Meeting ID: 845 0364 9449 Passcode: 101123
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This Memorandum of Understanding (“MOU”) is entered into by and between the American Federation of Government Employees General Committee (“AFGE” or “Union”) and the Social Security Administration (“SSA”; “Agency”; or “Management”), collectively (“Parties”), sets forth procedures for the Parties in the event of a government shutdown (“Shutdown”).
The parties acknowledge the role of Office of Management and Budget (OMB) in agency decisions regarding government shutdowns which may have implications under the Anti-Deficiency Act. Due to the unique circumstances presented in conducting excepted Agency operations during a Shutdown, the Parties will each take into consideration Office of Personnel Management’s (“OPM”) published Guidance for Shutdown Furloughs.
Provisions of this MOU do not reflect an agreement by AFGE to furloughs. This agreement does not waive or limit any statutory, regulatory, or contractual rights of individual employees. The Parties acknowledge that some contractual provisions involving expenditure of funds may be temporarily impacted by the Anti-Deficiency Act pursuant to Article 1, Section 1 of the National Agreement between AFGE and SSA. Otherwise, the parties will presume that contractual provisions not impacted by the Anti-Deficiency Act remain in full force and effect during a lapse in appropriations.To the extent permitted by the Anti-Deficiency Act, as part of the dialogue between OLMER and the AFGE General Committee, either party may bring up issues that arise because of the shutdown that are in conflict with the National Agreement, law, or this MOU. OLMER will engage with AFGE to discuss/resolve the issues.
The Agency will establish and maintain a toll-free number and internet website with 24-hour availability that employees can access to receive information on the shutdown furlough. The Agency will inform employees regarding the existence of the website and the toll-free number. The website will contain information for employees regarding the impact of the furlough on employee pay, leave, and benefits. This will also include a link to contact information for the unemployment compensation office in each state as well as links to the Anti-Deficiency Act and the Agency’s contingency plan.
2. During a government shutdown, management will provide furloughed employees with all information to which they are entitled by law in any furlough decision notice and will make reasonable efforts to do so in advance. The notice will direct employees to the Agency website address for information on the impact of the furlough upon employee leave and benefits. A sample of the decision notice will be posted on the agency website.
3. (A) Employees are expected to monitor the Mass Emergency Notification System (MENS) notifications,Agency’s toll-free number, and website to learn when the Shutdown ends and when to return to duty. Management will be liberal when considering requests for leave on the day the employees are expected to return to duty.
(B) Additionally, during a Shutdown, furloughed employees may be contacted by their supervisor if required to convert to an excepted duty status as specified in their decision notices. Supervisors will make reasonable efforts to contact employees during regular business hours using the emergency contact information provided by the employee, including through MENS. It is the employee’s responsibility to update their emergency contact information, and prior to a shutdown management will verify this information. Employees converting from furlough to excepted status will report to duty the following business day. Management will be liberal when considering requests for intermittent furlough on the day the employees are expected to report to duty.
Management will make reasonable efforts to ensure that a minimum of two hours of excepted work is available before requiring employees to report for duty.
4. If insufficient pay is available to make all deductions from an employee’s gross pay, the agency will comply with the sequence of deductions specified in the July 30, 2008, Office of Personnel Management Memorandum titled “Order of Precedence When Gross Pay is Not Sufficient to Permit All Deductions.”
5. To ensure the Agency’s contingency plan is current for OMB, AFGE will submit input regarding the Agency’s contingency plan by the end of July each year. The Agency will consider any input offered by AFGE regarding the contingency plan. Once the Agency Shutdown contingency plan and any revisions are approved by OMB, the Agency will provide a copy to the Union.
6. The Agency will meet as soon as possible with representatives of the AFGE General Committee after the end of a government Shutdown to provide a briefing on the Agency’s plan to pay any authorized retroactive salary and benefits to bargaining unit employees who have not received their full compensation.
7. Unless authorized by law, employees are prohibited from providing voluntary services to the Agency during a furlough.
8. The Agency will continue to provide the full Agency contribution to health benefits under the Federal Employees Health Benefit Program for employees affected by a furlough consistent with Statute and Government-wide regulations.
9. The Parties acknowledge that the amount of income taxes withheld from employees’ biweekly earnings will be adjusted to reflect the reduction in earnings that results from the furlough. Where employees request changes to withholdings/deductions, the employer will make reasonable efforts to process such changes in an expeditious manner.
10. Subject to the limitations of the Anti-Deficiency Act, certain limited categories of official time may be permissible during a government Shutdown. The Agency has determined that official time may be permitted when triggered by certain approved agency actions identified as excepted under the Agency’s Shutdown Contingency Plan. Situations that may trigger representational duties, and the use of official time, during a Shutdown include but are not limited to the following:
Formal Discussions with Employees;
Weingarten Interviews;
Disciplinary or performance-based actions taken during the Shutdown period, associated with excepted activities; and
Bargaining obligations triggered by notice of management-initiated changes during the Shutdown to the extent required by 5 USC 71.
To the extent permitted under the Anti-Deficiency Act, the Agency will continue to maintain the OUTTS official time electronic recording system throughout any lapse in appropriations. Union representatives may submit requests to work official time in connection with any of the above listed activities through OUTTS. If OUTTS is not available, union representatives may use alternative methodsfor requesting official time until OUTTS is restored.
11. The Agency is committed to make and communicate all official time decisions in an expeditious manner.
12. Union representatives who were authorized to use hours of official time per Article 30, Section 5.C. as of the last workday prior to a Shutdown and who occupy an excepted Agency position may request to be furloughed intermittently during the shutdown to engage in voluntary Union activities. The amount of time requested for both official time (under provision number 10 of this agreement) and intermittent furlough should be consistent with the previously established schedule of official time used to accommodate both Union representational activities and Agency assigned duties per Article 30, Section 5 Such requests will be referred to the appropriate management official and will normally be approved. This does not preclude Union representatives from requesting intermittent furlough time pursuant to provision number 10of this agreement.
13. The Parties acknowledge that during a period of government Shutdown, excepted employees who are required to work shall be entitled to use leave, for which compensation for used leave shall be paid at the earliest date possible after the shutdown ends. Leave requests will be handled in accordance with Article 31, including leave requests approved in advance of a shutdown.
14. Employees required to be absent from excepted duties subject to the provisions of A31, Section 9 (Court Leave) will be placed in intermittent furlough status.
15. The Decision to Effect Furlough form shall be used to record periods of intermittent furlough.
16. In accordance with Article 41, employees at the time of the shutdown who are currently working under an approved Telework agreement and who are excepted from the furlough will be allowed to continue to Telework based on availability of portable excepted work.
17. A personalized creditor letter will be issued to each employee. This letter will be signed by the Commissioner of Social Security or designee and will provide contact information should a creditor wish to contact the supervisor for further information. The designee will not be the first-line supervisor.
18. Subject to the request and approval procedures in Article 10 of the National Agreement, excepted employees may earn credit hours when working on excepted activities. The Parties recognize that employees may not use credit hours until after the Shutdown is over. The Agency website will contain information regarding the impact of a government Shutdown on the employees’ inability to carry over more than twenty-four (24) credit hours.
19. If an employee has exceeded the twenty-four (24) hours credit hour accrual limit and is unable to use the excess hours due to a government Shutdown, the Parties will engage in discussions (at the conclusion of the Shutdown) to explore alternatives, so that employees are not adversely affected, prior to the Union exercising its rights under Article 24.
20. If management determines that a limited number of employees are required to perform a specific excepted activity in the employees’ duty station, management will determine the excepted employees by the earliest SCD of those qualified to perform the excepted activities.
21. The Agency will make reasonable efforts to approve or deny, in writing, employees’ requests for outside employment within three (3) workdays.
22. During a furlough, Union officials will have normal access to the space provided to the Union pursuant to Article 11 of the National Agreement.
23. Provided the requirements for retirement are met, a furlough will not impact the effective date of any employee’s voluntary or early out retirement.
24. It is understood that a furlough is a factor beyond the employee’s control for purposes of applying Article 21, Section 6.I.1 of the National Agreement.
25. All filing and processing deadlines contained in collective bargaining agreements will be extended by the number of days that the Agency is shut down. These extensions apply to all deadlines for bargaining unit employees, Unions, and Agency management officials. Additionally, the parties agree that any arbitration dates that fall during the period of the Shutdown may be postponed consistent with Article 25.
26. As soon as possible, the Agency will provide AFGE with a list of the excepted positions.
27. In the event of furlough, the Agency will make reasonable efforts to provide employees with access to their duty station during duty hours to secure their personal belongings.
28. If management conducts formal discussions with employees regarding Shutdown furloughs, the appropriate Union representative for each facility will be afforded notice and opportunity to attend such formal discussions.
29. Employees on LWOP will be issued a notice by management of the effect of Shutdown periods.
Over the last few months, AFGE has been fighting an uphill battle with the Administration and the Agency. In July, the Agency unilaterally implemented the terms of three Executive Orders designed to shut down the Union and eliminate important workplace protections for all employees. The Agency unilaterally changed our ground rules for contract bargaining, intended to undermine our ability to negotiate on level ground by reducing bargaining sessions and refusing to cover certain negotiation costs. The Union lost significant preparation time and had to enter negotiations with a smaller team. Further, SSA’s initial contract proposals mirrored the terms of the Executive Orders, which made its anti-employee and anti-union position clear.
AFGE sued the Administration over the Executive Orders and won. On August 25, 2018, a U.S. district court judge invalidated much of the Executive Orders as unlawful. SSA rescinded the Executive Order terms it had already implemented and reverted back to the negotiate ground rules, though damage was done. The Union returned to the bargaining table demanding that SSA revise its contract proposals to reflect the court decision. When SSA finally provided revised proposals in September 2018, SSA maintained its most egregious proposals to dramatically slash representational time, eliminate space for representational work, and eliminate employee rights to challenge unfair appraisals, unfair award decisions, and unfair removals through the grievance and arbitration procedure. In response, the Union filed a grievance over the Agency’s continued adherence to invalidated provisions of the Executive Orders. In addition, the Agency proposed to strip negotiated telework rights and leave decisions on telework policy entirely to the discretion of management. Despite the severe anti-employee and anti-union environment, the Union nonetheless went to the bargaining table to secure employee rights and protections.
In October and November, the Union and the Agency agreed on Articles 3 (Employee Rights), 16 (Training), and 31 (Leave). Importantly, the Union saved the language in Article 3, Section 2.A which requires management to treat employees fairly and equitably in all aspects of personnel management, and without regard to protected class status. As the parties began to focus on Article 9 in November, the Agency abruptly changed its behavior with the Union. Despite the progress that the parties had made in October and November, the Agency alleged that the Union was not bargaining fast enough. The Union retorted that the ground rules give the parties until March 1, 2019 to bargain, and that the parties had just reached agreement on three articles, in addition to numerous articles in prior months. Regardless, the Agency showed no interest in the Union’s proposals the rest of the week, and demanded the mediator release the parties to the Federal Service Impasses Panel (FSIP). The Union opposed this request based on the ground rules and the Agency’s bargaining behavior.
Article 31, Section 3. G. Employees with Mobility Impairments
During emergency conditions, employees with disabilities, whether temporary or permanent impairments, may be unable to report to work. Management may grant excused absences even when their respective office is open.
