Return-to-office mandates are causing more federal workers to unionize

Return-to-office mandates have stirred significant unrest among employees across various sectors, culminating in noteworthy union advocacy and opposition.

One prominent example is the recent push by trial attorneys within the Environment and Natural Resources division of the U.S. Department of Justice to form the first attorneys’ union in the department’s history.

The drive to unionize among these attorneys was strongly catalyzed by the Justice Department’s decision to increase mandatory in-office days. Deputy Attorney General Lisa Monaco announced that employees would need to work in the office six days every two weeks, a significant increase from the previous two days every two weeks.

This policy change, aimed at standardizing work schedules, has been met with resistance from Environment and Natural Resource division attorneys, who argue that it disrupts productivity and work-life balance.

There are other workplace issues behind this as well. For example, former Environment and Natural Resource head Jeffrey Clark, now facing legal repercussions for his role in efforts to overturn the 2020 election, exemplifies the potential for politicization within the division. The revival of “Schedule F,” a directive by former President Donald Trump to make it easier to fire federal employees in policy roles, has further fueled these fears. This directive, which President Biden quickly revoked, highlights the precarious job security for federal employees, particularly those in policy-influencing positions.

In response to these challenges, the attorneys began organizing in collaboration with the National Treasury Employees Union. Their goal is to collect support from at least half of the approximately 350 eligible lawyers and hold a representation election this month. If successful, this would mark a significant shift in the landscape of union representation within the Justice Department, where attorneys have traditionally not been unionized despite other government offices having collective bargaining units.

The attorneys argue that union representation is crucial for ensuring their voices are heard on issues like return-to-office policies and the broader protection of civil service roles. A member of the organizing committee emphasized the need for a direct voice in decision-making processes, stating, “We needed to readjust the structural imbalance of power by giving employees a direct voice that decision-makers were required to listen to.”

The endeavor to unionize is not without its challenges. The attorneys must navigate the fine line of advocating for their rights without appearing partisan. Their work often involves defending environmental regulations that are politically contentious, making it imperative to maintain an image of impartiality.

This challenge is compounded by the fear of antagonizing conservative factions that might view the union drive as a political maneuver. A Republican former senior Justice Department official expressed skepticism about the unionization effort, arguing that it could undermine the attorneys’ duty to impartially represent U.S. interests in court. He warned that a unionized Environment and National Resources division might face increased scrutiny and funding challenges from Congress.

Beyond in-office work mandates, the use of artificial intelligence in legal work has emerged as another critical issue driving unionization. The attorneys in this division are keen to influence Justice Department protocols on AI, ensuring that these technologies are leveraged effectively while mitigating potential risks. The ability to negotiate on scheduling and technological implementation underscores the broader scope of concerns that union representation can address.

Once sufficient support is secured, the National Treasury Employees’ Union, already representing attorneys at the Environmental Protection Agency, is poised to file for an election to become the sole bargaining unit. The union’s national president, Doreen Greenwald, highlighted the importance of collective advocacy, stating, “We look forward to learning more about how these highly skilled employees can advocate for themselves by coming together and fighting for improvements in their workplace.”

The push for unionization in response to return-to-office mandates is not limited to the Justice Department. The National Science Foundation is facing similar challenges from its employees, who are represented by the American Federation of Government Employees Local 3403. Following the announcement of new return-to-office plans, the union conducted a survey that revealed significant employee dissatisfaction. Many employees expressed concerns about the impact of increased in-office requirements on their productivity and work-life balance.

One National Science Foundation employee noted in the survey that he had been promised a “remote and hybrid” work when hired. “Because they are essentially not allowing anyone to be remote, I will be finding a new job by October,” he said.

This sentiment reflects a broader discontent among National Science Foundation employees, with a substantial number indicating they might leave the agency if the new return-to-office plans are implemented.

Despite the survey results and union advocacy, National Science Foundation has indicated that it will proceed with its return-to-office plans, requiring telework-eligible employees to work in the office at least four days per two-week pay period starting in October.

Whether or not it succeeds, the push for unionization by these Justice Department attorneys evinces a broader trend of increased labor advocacy in response to return-to-office mandates and political uncertainties. As organizations navigate the complexities of post-pandemic work arrangements and technological advancements, the voices of employees are becoming increasingly pivotal.

The outcome of the Environment and Natural Resources division attorneys’ unionization effort could set a precedent for other federal employees facing similar challenges, underscoring the enduring importance of collective bargaining in ensuring fair and equitable workplace practices.

Gleb Tsipursky, PhD, is CEO of the hybrid work consultancy Disaster Avoidance Experts and the author of “Returning to the Office and Leading Hybrid and Remote Teams.“