Arbitrator Sustains PASS Telework Grievance

Details: Published: February 19, 2026

Last year, PASS filed a grievance regarding the across-the-board cancellation of routine telework and remote work arrangements. A hearing was held before an arbitrator on July 9, 2025. After a delay related to the 2025 government shutdown, the arbitrator issued a decision this week in favor of PASS-represented employees at the Federal Aviation Administration (FAA).

The arbitrator determined that the FAA violated the parties’ collective bargaining agreements (CBAs), In large part, the arbitrator merely recognized the careful balance the FAA and PASS struck in developing rules around telework and remote work during contract negotiations from 2022–2024. Rather than guaranteeing specific telework schedules or remote work, the CBAs focus instead on the process to be utilized to determine which schedule can be available to employees. To that end, the arbitrator found that the CBAs call for routine telework requests and remote work arrangements to be determined on a case-by-case basis utilizing the criteria negotiated in good faith by the FAA and PASS.

This follows a similar ruling by an arbitrator last month in a case brought by the National Treasury Employees (NTEU) on behalf of the employees NTEU represents at Health and Human Services.

Time will tell as to how the FAA will respond to this award; however, it is important for PASS to defend its CBAs which are in full force and effect. Pursuant to the law, an arbitration decision can be appealed within 30 days of its issuance to the Federal Labor Relations Authority. PASS will pursue constructive dialogue about the arbitrator’s ruling and how the provisions in the CBA can further the FAA’s mission of maintaining the safest National Airspace System in the world.