**Arbitrator Orders Restoration of Telework for 20,000 Forest Service Employees**
A significant victory for federal employee unions has been achieved as a third-party arbitrator has ordered the restoration of telework and remote work agreements for nearly 20,000 National Federation of Federal Employees (NFFE) members within the U.S. Forest Service. The ruling, issued on July 10, 2026, declares that the agency’s attempt to mandate a return to the office in early 2025 was a violation of its collective bargaining agreement and federal law.
### The Ruling and Its Grounds
Arbitrator Robert T. Simmelkjaer determined that the Forest Service’s actions constituted a clear breach of its contract with NFFE. Specifically, the agency violated provisions within its collective bargaining agreement and the 2010 Telework Enhancement Act by unilaterally issuing return-to-office orders.
The decision highlights that the Forest Service failed to adhere to the contractual requirements for changing telework arrangements. The contract stipulates that such changes can only be made based on employee performance or conduct, and must involve advance notice and a stated reason. The arbitrator found the blanket mandate to return to the office was not based on individual performance or conduct, but rather on the executive order from the previous administration.
The ruling states, *“The agency’s violation was a clear and patent breach that went to the heart of the parties’ agreement.”*
### Beyond Reinstatement: Additional Remedies
The arbitrator’s order is comprehensive, mandating several actions beyond simply reopening remote work options:
* **Restoration of Leave Balances:** Employees who were forced to resign or accept termination due to the in-office policy will have their accrued leave balances restored.
* **Reemployment Opportunities:** Those who left their positions will be given a formal process to reapply for positions within the agency.
* **Public Admission of Fault:** The Forest Service is required to post a signed notice officially admitting that it violated its contract with NFFE.
### Agency Response and Next Steps
The Forest Service now has a 30-day window to decide whether to file an appeal against the arbitrator’s decision. As of the publication of this article, the agency has not yet responded to requests for comment from Federal News Network.
However, NFFE has stated its commitment to a swift implementation of the ruling. “The union will ensure the ruling is implemented as quickly as possible,” said NFFE National President Everett Kelley, following the decision.
This ruling arrives during a tumultuous period for the Forest Service, which is simultaneously managing a large-scale reorganization plan for the U.S. Department of Agriculture. The plan involves significant employee relocations. The arbitrator’s decision provides a major reprieve for employees who were facing the prospect of uprootting their lives under the previous return-to-office directive.
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### FAQ Section
**Q: Which employees does this ruling affect?**
A: The ruling affects nearly 20,000 employees represented by the National Federation of Federal Employees (NFFE) within the U.S. Forest Service.
**Q: Why did the Forest Service require employees to return to the office?**
A: The return-to-office orders stemmed from a day-one executive order from the previous administration, which directed all federal agencies to end telework and return employees to full-time in-office work.
**Q: What specific laws or agreements did the Forest Service violate?**
A: The Forest Service was found to have violated its collective bargaining agreement with NFFE and the 2010 Telework Enhancement Act, a federal law that established a baseline right to telework for eligible federal employees.
**Q: What does the arbitrator’s decision actually order the Forest Service to do?**
A: The order requires the Forest Service to:
* Restore telework and remote work agreements for the affected employees.
* Restore any leave balances that were impacted by the departures.
* Provide an opportunity for employees who left to reapply for their positions.
* Post a signed notice admitting to the contractual violation.
**Q: Can the Forest Service fight this ruling?**
A: Yes, the agency has 30 days to decide if it wants to appeal the arbitrator’s decision.
**Q: What is the union’s response to the ruling?**
A: NFFE has stated it will “ensure the ruling is implemented as quickly as possible” and celebrated the decision as necessary relief for employees who were being forced to choose between their careers and their personal lives.
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### Conclusion
The arbitrator’s ruling represents a significant check on federal agencies’ ability to override established labor agreements. By mandating the restoration of telework for 20,000 Forest Service employees, the decision reinforces the importance of adhering to collective bargaining contracts and federal telework laws. It also provides a vital safeguard for federal workers, ensuring that major changes to work arrangements must be negotiated and justified based on individual merit, rather than being implemented through unilateral executive power.
