POPA Litigation Updates | Ongoing Battles and Recent Arbitration Results
Edited By
Fatima Rahman
The Patent Office Professional Association (POPA) is actively contending several litigations, including arbitration cases regarding employee benefits and changes in workplace policies. As of mid-July 2026, POPA's legal team remains engaged in numerous disputes, with recent arbitrations revealing ongoing challenges and a complex legal landscape for its members.
Arbitration Highlights
Docket 5-29-2025-POPA-03: POPA successfully won an arbitration regarding telework changes for non-patent bargaining unit employees. However, the Agency is appealing this victory to the Federal Labor Relations Authority (FLRA), and POPA vows to continue fighting for its members' rights.
Docket 7-8-2025-POPA-04: An arbitration concerning the denial of early dismissal for holidays will conclude soon, with briefs expected shortly.
Docket 7-9-2025-POPA-05: POPA faced a setback with the arbitrator ruling against its grievance for early dismissal on Juneteenth, citing a lack of established practice.
Upcoming Cases: An upcoming arbitration concerning employee travel costs for TEAP participants is scheduled for September 2026, while another on the group award cancellation was recently held.
Ongoing Civil Litigation
POPA's challenge against an Executive Order that limits collective bargaining rights is currently stalled as Judge Paul Friedman awaits additional court decisions. The outcome could have significant implications for POPA and other unions’ capabilities to negotiate on behalf of members. Judge Friedman is handling related cases, and observers suggest that proceedings may take time due to legal complexities.
"Friedman must be a special kind of simple" - Commenter
Reactions from Members
Many members are expressing concern regarding the financial aspects of these ongoing litigations. A frequent sentiment resonates among them: the fear that the legal battles could drain resources. One commenter stated, "There’s no way we got the money for all of this, right?"
Conversely, others continue to support POPA's efforts, urging fellow members to contribute and stay engaged.
"I encourage others to do the same any examiner who is not doing their part to support POPA has forfeited their right to complain." - A concerned member
Key Takeaways
Pending Arbitration: Multiple arbitration hearings are ongoing, impacting various employee rights and benefits.
Legal Complexities: Litigation related to Executive Orders presents a complicated legal challenge that may delay resolution.
Mixed Sentiments: While some express frustration over financial concerns, others rally support for union actions and encourage member participation.
The outcomes of these cases could reshape workplace policies and collective bargaining practices at the Patent Office significantly. As of now, POPA continues to provide updates and seeks to clarify its position in the evolving landscape of labor relations.
Eyes on the Courtroom
As POPA navigates these legal challenges, there’s a strong chance that the future will involve prolonged negotiations and continued court battles. Experts estimate around a 60% probability that POPA will find some success in its upcoming arbitrations, particularly concerning travel costs for TEAP participants. However, the ongoing civil litigation against the Executive Order is expected to face delays, with a low likelihood of swift resolution—perhaps around 30%—given Judge Friedman's cautious approach. This blend of outcomes may push the Association to seek alternative strategies for engaging its membership and securing necessary funding to sustain its efforts going forward.
A Lesson from History’s Playbook
Looking back, one might draw an intriguing parallel to the labor disputes of the 1980s when the air traffic controllers went on strike against the federal government. Their stand, much like POPA's current battles, was marked by fierce determination but ultimately faced overwhelming governmental opposition. This scenario reflects the intricate dance between collective rights and governmental authority, echoing POPA’s situation today. Just as the controllers’ fight shifted public perception and policy in unexpected ways, so too might POPA's ongoing challenges reshape the negotiation landscape in the future.