The proposed regulations allow the government to fire people for national security reasons under an expedited process; create new mandatory firing offenses and eliminate arbitration for removal.
The union will still be able to go to arbitration for disciplinary actions (suspensions under 15 days) and over pay and performance issues. They will not be able to use arbitration in what is referred to as adverse action cases, which are suspensions of 15 days to removal.
In adverse action cases the union can still represent the employee but the MSPB Merit Systems Protection Board will resolve the appeal. The MSPB is completely independent from the agencies they hear cases from and has been around for years. Supervisors and managers has always gone to MSPB if they get in trouble.
The union does not like the MSPB because management wins about 75% of the time whereas decisions by non-government arbitrators are well, arbitrary.
As for the mandatory firing offences they have not been announced yet but I predict they will come as no shock. They will be things like extortion, accepting bribes, deliberate release of national security information etc. Basically employees no one wants around. It wont be because someone spouts off on the John and Ken Show.
But spouting off on the John & Ken show could easily be construed as a release of national security information and no one would be the wiser. If they were, that person might be a martyr in some quarters, but who cares? After a few days, the guy's still fired, and the desired effect on Border Patrol has been accomplished by Asa Hutchinson.
Don't count on it.