Article 10
Flexiplace
History

Section 1: Purpose

DOL Management and Local 12 jointly recognize the mutual benefits of a flexible workplace program to the Department and its employees. Balancing work and family responsibilities, assistance to the elderly or disabled employees, and meeting environmental, financial, and commuting concerns are among its advantages. In recognizing this benefit, both parties also acknowledge the needs of the DOL to accomplish its mission.

Any Flexiplace program established under this Article will be a voluntary program which permits employees to work at home or at other approved sites away from the office for all or part of the workweek.

Section 2: Types of Arrangements: Informal and Formal

Formal arrangements are permanent in nature and include working at home, telecommuting centers, or other sites approved by the supervisor. Formal arrangements require a written agreement between the supervisor and the employee as specified in Section 15.

Informal arrangements are ad hoc or episodic in nature for short periods of time. These arrangements, which are reached informally between the supervisor and employee, are not permanent, are not regular or recurring, and do not require a written agreement. Such arrangements will normally take one day or less, but could last longer if a project or work assignment necessitates more time. Informal arrangements are not to be used as trial periods for formal arrangements.

Section 3: Eligibility for the Formal Program

Consistent with the parties' goals of fostering a family-friendly workplace, all employees are eligible to participate in the Flexiplace program if the following criteria are met:

A. Whether a sufficient amount of the employee's work, in fact, can be performed at an alternate worksite. It is understood that the accomplishment of the Agency's mission is paramount. While supervisors and managers are encouraged to be progressive in regard to reengineering or restructuring how their offices operate or the manner in which they assign work, there is no contractual obligation or requirement on management to do so to accommodate an employee's request to participate in Flexiplace.
B. The employee will be available and accessible to supervisors, co-workers, and customers at all times while performing work at an alternate worksite.
C. The employee's most recent performance evaluation is at least Fully Successful and the employee has demonstrated an ability to work alone and without face-to-face supervision.
D. There are not conduct problems that would cause management to be concerned about the employee's trustworthiness or dependability.
E. Coverage of office functions (see Section 4).
F. Costs of such an arrangement: The parties recognize that costs or cost savings in technology, equipment, and telecommunications are considerations in decisions regarding participation in Flexiplace arrangements. While it is expected that Flexiplace will require some costs, the costs involved may be too much to finance an employee on Flexiplace.
G. Technology/equipment needs: The parties recognize that existing and evolving technology(ies) may allow or prevent an employee from participating in the Flexiplace program. The employee may need access to specific equipment and/or will use the telephone extensively on Flexiplace days. Such technology/equipment may include:

* Long distance telephone
* Telephone usage (other than long distance)
* High speed telephone usage (e.g., ISDN)
* Computer or typewriter assigned to the employee's home
* Computer software
* Modem and possible additional computer usage
* Modifications to the central computer to allow employees to dial in
* Equipment maintenance and repair
* Remote technical assistance
* Replacement of damaged or lost equipment
* Fax capability
* Internet service provider

Section 4: Coverage of Office Functions

A. Management will continue to have responsibility for seeing that the mission of the Department is carried out. Each office will determine adequate coverage during official hours for the purpose of assuring that the functions of the office are fulfilled. Some examples of the principal forms of coverage are:

1. Having phones answered;
2. Providing clerical, technical, and professional support;
3. Providing office representation at essential meetings;
4. Handling inquiries from the public; and
5. Providing program needs based on business necessity.

B. When coverage requirements are established, all employees are obliged to meet coverage requirements. The determination of who will work which particular hours to ensure such coverage is within the authority of the supervisor. Determining office coverage involves both the office work site and the Flexiplace site. Where practicable, personal preference will be honored in scheduling coverage. Where personal preference conflicts with the equitable sharing of the burden of coverage, personal preference shall give way. The opportunity of each employee to maximize his/her Flexiplace participation shall be consistent with the coverage of legitimate work unit functions as determined by the supervisor.

Section 5: Time Frames

A. Upon receipt of a request for permanent Flexiplace, the supervisor and the employee will meet to discuss and review the request. The supervisor's decision is to be provided to the employee within 15 calendar days of the request. The time frame may be extended by mutual agreement of the employee and supervisor.
B. If disapproved, the employee will be advised in writing with the reason(s). If the disapproval subsequently becomes the subject of an arbitration, the parties will clarify all the issues in accordance with Article 44, Section 5, of the master Agreement.
C. If approved, the specifications of the arrangement will be worked out, reduced to writing, and signed by both the supervisor and the employee. The employee will begin working at the alternate work site within 30 calendar days after completion of the individual formal Flexiplace agreement unless circumstances dictate otherwise. For this purpose, the Department and Local 12 have agreed upon a Standard Individual Flexiplace Work Agreement.

Section 6: Operating Principles

A. For employees who are approved to be on formal Flexiplace, the employee will have the option to work the designated flexitime plan/schedule of his/her organization or to opt out of flexitime. If the employee's choice is to opt out, then the supervisor and the employee will agree on an 8 É hour tour of duty.
B. The governing rules, regulations, and policies concerning time and attendance, overtime, and leave are unchanged by participation in Flexiplace. Employees will not perform overtime or night work without express approval in advance.
C. Injuries that arise in the performance of duty at the alternate worksite are subject to the Federal Employees' Compensation Act.
D. The government is not responsible for operating costs, home maintenance, or any other incidental costs to the employee (e.g., utilities). Employees on Flexiplace are entitled to reimbursement for authorized expenses while conducting government business.
E. For employees who are approved to be on Flexiplace, the following applies with respect to equipment.

1. If the employee uses government equipment, the employee will use and protect the equipment in accordance with procedures established in the Federal Information Resources Management Regulation (FIRMR).
2. Government-owned equipment will be serviced and maintained by the Government.
3. If the employee uses his/her own equipment, the employee is responsible for its service and maintenance.
4. Employees will ordinarily be given a minimum of 24 hours advance notice regarding management service or maintenance of government-owned property. Such service or maintenance will occur during the employee's normal work hours unless circumstances dictate otherwise.

F. Employees on Flexiplace are obligated to ensure a safe and healthy work environment and to apply necessary safeguards to protect government records from damage or unauthorized disclosure.
G. After the employee and supervisor have signed the Standard Individual Flexiplace Work Agreement, the employee shall be encouraged to meet with the Local 12 Agency Vice President or designee in order that the Union may determine that the Standard Individual Flexiplace Work Agreement is consistent with this contract.
H. To ensure access to bargaining unit employees participating in Flexiplace, the Standard Individual Flexiplace Work Agreement will state the employee's name, his/her alternate worksite address(es), including telephone number, e-mail and/or fax number, unless currently prohibited by law. Management shall provide any omitted information upon receipt. A copy of the executed Standard Individual Flexiplace Work Agreement shall be provided to the Union (N-1501).

Section 7: Recall

Employees participating in Flexiplace programs must be accessible and available for recall to their regular offices for work needs that cannot be performed at the alternate worksite. Examples are training, special meetings, new work requirements, and emergencies. These examples are for illustrative purposes and are not meant to be all-encompassing. Management will take full advantage of existing technology (teleconference, fax, etc.) where possible in order to minimize recall. A recall shall last no longer than is reasonable to complete the task or purpose of the recall. Management will provide reasonable advance notice of all recalls if possible. Where practicable, not less than 24 hours advance notice will be given but there may be times when advance notice cannot be given.

Section 8: Termination

A. Supervisors may terminate an agreement whenever:

1. There is a change in work requirements or the arrangement no longer supports the mission.
2. An employee's performance is less than Fully Successful at the progress review or at the end of the annual appraisal period, or if, after at least ninety (90) days, the employee has demonstrated an inability to work alone and without face-to-face supervision.
3. The employee has demonstrated conduct problems regarding trustworthiness or dependability to the extent that he/she should be removed from the program.
4. Costs of the agreement are no longer affordable.
5. Technology changes require return to the regular office.
6. Employees do not conform with the terms of their agreement.

B. When terminating a Flexiplace arrangement, the following must occur:

1. Management will attempt to provide appropriate advance notice of the termination of any agreement to the extent practicable. If possible, the notice will be 5 work days.
2. The Notice of Termination must be in writing and indicate the reason(s) for termination.
3. When a Flexiplace arrangement is terminated, Management should notify the appropriate Local 12 Agency Vice-President.

C. Removal from Flexiplace does not prevent an employee from reapplying as soon as the Section 3 criteria can be met.

Section 9: Space

Space changes are governed by the provisions of Article 29.

Section 10: Pre-existing Flexiplace arrangements Under the Pilot Project

Pre-existing Flexiplace pilot arrangements must be brought into conformance with this Article.

Section 11: Grievability

Management's decisions on participation, recall, or termination of formal Flexiplace arrangements are grievable. Decisions on informal Flexiplace arrangements are not grievable. However, if the employee alleges that a decision on informal Flexiplace arrangements is a prohibited personnel practice, such a matter is grievable (see Article 43, Section 2c).

Section 12: Issue Resolution

Agency managers and union officials are encouraged to establish creative approaches to provide information and resolve problems regarding Flexiplace. Such approaches could include joint task forces, joint committees, designated technical advisors, etc. Where there are disputes over participation, recall or termination of a formal Flexiplace arrangement, the parties encourage agency and union officials to develop alternate dispute resolution methods to resolve such issues.

Each DOL Agency will designate one person to whom employees and supervisors can go for technical guidance and assistance as Flexiplace issues or problems arise. In addition, the parties will provide joint training on this Article to that individual as well as Agency Vice-Presidents and stewards.

Section 13: Flexiplace Committee

There shall be a committee at the Departmental level composed of up to five (5) members from each party to oversee implementation and evaluate the functioning of the Flexiplace program. This committee will not address individual issues or concerns.

Section 14: Employee Self-Certification Safety Checklist

Section 15: Standard Individual Flexiplace Work Agreement