the Telework Program: Memorandum of Understanding

Transcription

1 Telework Program Memorandum of Understanding Introduction This Memorandum Of Understanding (MOU) between the Equal Employment Opportunity Commission (EEOC) and American Federation of Government Employees, Local 3614, AFL- CIa (Union) covers the implementation of a Telework Program for EEOC's offices in Philadelphia, PA, Pittsburgh, PA, Baltimore, MD, Richmond, VA, and Norfolk, VA. The parties recognize that the benefits of a Telework Program include reduced time and money spent commuting concomitant with conservation of energy and the environment. Section 1. Employee Participation Employee participation in the Telework Program is voluntary; however, the employee's supervisor's concurrence is required. Employees eligible to participate and who volunteer to participate may terminate participation at any time. 1.1 Participation Criteria Participation in the Program is not a right. A new employee who is not serving a probationary period must be employed in his/her position (job title) for a period of six (6~months before he/she will be eligible to participate in the Telework Program. A new employee who is serving a probationary period normally must be employed in his/her position (job title) for a period of 12 months before he/she will be eligible to participate in the Telework Program, unless the supervisor determines that the employee may participate earlier. 1.2 Eligible Positions To be eligible for selection in the Telework Program, employees occupying eligible positions identified below must be on full-time status and be performing at least at a fully successful level in each critical element of the performance appraisal plan as of the current fiscal year to date. If the fiscal year to date is less than ninety (90) days, the last rating of record must be at least fully successful. Part-time employees may apply for the Program, but must agree to change to a full time schedule once they begin working at home. The parties agree that the following positions are suitable and therefore eligible for inclusion in the Telework Program: Investigators Mediators Attorney Examiners (Administrative Judges) Trial Attorneys Investigator Support Assistants Paralegals 1

2 1.3 Telework Program Awareness and IT Training EEOC agrees to make eligible employees aware ofthis Telework Program by distributing this MOD and providing telework education, including the use of virus protection software and EEOC's Virtual Private Network to remotely access documents or files on office PC and network drives. 1.4 Federal Employee's Compensation Act Employee are covered under the Federal Employee's Compensation Act if injured in the course of actually performing official duties at the alternative work site. If so injured, the employee will notify the supervisor or another designated official as soon as possible (in accordance with FECA). 1.5 Liability for Damages The Government will not be liable for damages to an employee's personal or real property during the course of performance of official duties or while using Government equipment in the employee's residence, except to the extent the Government is held liable by Federal Tort Claims Act (28 US.c et seq.) claims or claims arising under the Military Personnel and Civilian Employees Claims Act (31 US.C et seq.) 1.6 Privacy Act Statement Employees will apply approved safeguards to protect Government!Agency records, including electronic files, from unauthorized disclosure or damage and will comply with the Privacy Act requirements set forth in the Privacy Act of 1974, Public Law , codified at 5 US.c. Section 552a. Section 2. Facilities and Equipment 2.1 In-Home Work Area All employees participating in the Telework Program should have a specific room or area of a room which is designated for the performance of official duties. EEOC is under no obligation to provide chairs, desks or other office furniture. 2.2 Equipment And Supplies EEOC may provide a laptop computer with remote access software to accomplish the duties of the position, subject to available equipment or funds for purchase of such equipment. If available, loaner desktop computer equipment may be provided for use at the employee's alternative worksite. 2

3 2.3 Virtual Private Network (VPN) User Access In order to access EEOC's VPN, employees must read, and agree to abide by the Telework VPN User Access Policy, attached hereto. 2.4 Installation and Maintenance EEOC will not pay to install computers, computer hardware or telephone equipment at an employee's alternative work site in order for the employee to participate in the Telework Program. The employee shall be responsible for servicing and maintaining his/her own equipment in proper, and safe operating condition. EEOC equipment will be serviced and maintained by EEOC. 2.5 Utility Costs EEOC will not be responsible for operating costs, home maintenance, or any other incidental costs, (e.g., utilities) whatsoever, associated with the use of the employee's residence or alternative worksite. By participating in the Telework Program the employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the EEOC as provided for by statute and implementing and appropriate regulations, just as he/she would if working at his/her official duty station. 2.6 Long Distance Telephone Calls In the absence of government issued long-distance credit-cards, long-distance telephone calls will be the liability of the participant unless permission is obtained. Participants will attempt to schedule long-distance telephone calls from the official duty station to the degree reasonably possible. Section 3. Performance Standards and Expectations 3.1 Work Agreement Participating employees in the Telework Program and their supervisors will sign a Work Agreement that outlines sign-in/out procedures (if applicable) and the terms and conditions of work at home arrangements under the Telework program. This Work Agreement should incorporate the performance expectations that are governed by the employee's current performance plan. See Section 3.2 3

4 3.2 Performance Plan The employee's CUITentperfol1llanceplan will govern work completed at the employee's alternate work site as well as work completed at the official duty station. The employee will complete all assigned work according to work procedures mutually agreed upon by the employee and the supervisor and according to guidelines and standards stated in the employee's perfol1llanceplan. Employees participating in the Telework Program must provide a home telephone number to his or her supervisor. This telephone number will be made available by the supervisor to other staff members as necessary so that the work of the office can proceed without interruption. Employees participating in the Telework Program must be responsive to calls from the office. Participants will also be expected to check their office voice mail and throughout the work day,and respondas appropriate Termination of Employee from Telework Program An employee may be removed from the Telework Program if: a) The employee fails to perfol1llwork while working at the alternative work site; or b) The employee's perfol1llanceis not fully successful in more than one of the critical elements for the last rating period or progress review; or c) conduct is unacceptable, induding but not limited to an employee being placed on leave restriction; or d) Reassignment causes a change of work; or e) Employee does not confol1ll with the tel1llsof his/her employee/supervisor work agreement; or f) The employee fails to take or return calls from the office within a reasonable period of time; or g) The supervisor becomes aware that the employee is combining work-at-home with non-work related matters; or h) The employee has failed to be accessible and available for recall to their regular duty station in the event of an emergency, or the need to address an urgent work-related issue. 4

5 EEOC shall give employees at least two weeks advance notice in writing oftennination unless exigent circumstances exist. If any employee is removed from the Telework Program due to perfonnance or conduct, the employee must wait a minimum of thirty days after removal before he/she may reapply to be a participant in the program. Section 4. Time and Attendance. Hours of Duty and Alternative Work Schedules 4.1 Applicable Labor Statutes/Regulations; Collective Bargaining Agreement Existing laws in Chapter 71 of Title 5 of the U.S. Code, as amended, the Fair Labor Standards Act, and their accompanying regulation, and the Collective Bargaining Agreement apply to the Telework Program. 4.2 Work Hours/ Tours of Duty The employee's work schedule will be in accordance with Article 30 of the Collective Bargaining Agreement, together with Local Agreements, or the relevant articles of any subsequent agreements, whether between Local 3614 and EEOC, or National Council ofeeoc Locals, No. 216 and EEOC. Participating employees may be absent from their official duty station for up to four (4) days per pay period. Despite this limitation, however, a participating employee's supervisor may approve additional work-at-home days to cover work assignments. Each tour of duty will include a one-half hour, non-paid lunch period. The core day shall be Wednesday of each week. 4.3 Pay, Leave and Travel All pay, leave and travel entitlements will be based on the employee's official duty station. 4.4 Notice of Telework Program Schedule The employee's designated timekeeper will be advised by or otherwise in writing of the employee's Telework schedule. Employee's time and attendance will be recorded by the timekeeper as if at the official duty station. 4.5 Requesting and Taking Leave and Compensatory Time Employees must follow established EEOC procedures when requesting and taking leave or compensatory time. 4.6 Overtime and Compensatory Time The employee understands and agrees that only overtime and compensatory time which is approved in advance, requested on a GSA 544, in accordance with nonnal EEOC policy, and 5

6 officially authorized will be paid. Telework participants are eligible to work overtime and compensatory time at either the official duty station or at the alternate work site. 4.7 Adjustments to Schedule Due to Equipment Failures If the employee is unable to work at the alternative work site because of equipment failure which the employee discovers during the first two hours of any day's tour of duty, the employee will notify his/her supervisor as soon as the employee is able to do so. EEOC may require the employee to report to the official duty station. The circumstances of the occurrence may dictate how to resolve the problem. Transportation time to the official duty station in these circumstances will be on official time. Alternatively, the employee may request annual leave or may request use of accrued compensatory time rather than report to the official duty station. If the employee chooses to report to the official duty station for reasons other than emergency equipment failure discovered that day, transportation time is the responsibility of the employee and will not be considered official time. If an equipment failure or condition resulting in non-access to necessary equipment occurs after the first two hours of any day's tour of duty at the alternate work station and renders an employee unable to work for the remainder of that day, management may not require the employee to report to the official duty station but will excuse the remaining portion of the day, unless the employee has other work that may be performed without the use of the downed automated systems. The circumstances of the occurrence may dictate how to resolve the problem. The employee may choose to report to the official duty station for the remainder of the day with transportation time to the official duty station on official time. Alternatively, the employee may request annual leave or may request use of accrued compensatory time. If an equipment failure or condition resulting in non-access to necessary equipment is known that will effect work the next day at the alternative work site, the employee will be required to report to the official work station, if operational. The employee will not be required to report to the official work station ifhis or her presence is required at the alternate work site to allow repair to equipment and remote access. 4.8 Adjustments to Schedule Due to Weather/Road Conditions/Etc. The employee is aware that official duty station closures due to weather, road conditions, or conditions at or around the official duty station do not normally affect the employee's ability to work at home. The employee will continue to work during these closures and will not normally be granted administrative leave. However, if the condition at the official duty station does impact the ability to work at the alternate work station, (e.g. the official duty network servers are shut down), employees at the alternate work station will be treated in the same manner as those at the official work station. 6

7 4.9 Adjustments to Schedule Due to Holiday or Administrative Leave Except in the event of closures or dismissals by the official duty station or higher federal authorities due to emergency circumstances at the official duty station, Telework participants working at the alternate work site will be granted the same Holiday and Administrative Leave as those at the official duty station Attendance at Required Meetings Provided employees are given notice forty eight (48) hours in advance, employees may be required to attend meetings, training or to otherwise come to the official duty station on days normally scheduled for the alternative work site. In exigent circumstances, employees shall be required to report to the official duty station with notice given twenty four (24) hours in advance. In the event that the employee may be required to work in the office temporarily on day(s) normally scheduled for the alternative work site, the employee and supervisor will attempt to allow for the rescheduling of a Telework day(s) within the same pay period Adjustments to Schedule to Accommodate Intake duty or Scheduled Mediation Particpants who have intake duty or scheduled mediation will not be allowed to work away from the office during their regularly scheduled intake rotation or mediation. When intake duty or scheduled mediation conflict with the approved telework schedule, the employee and supervisor shall reschedule the telework day(s) within the same pay period. Section 5. Employee Rights and Labor Relations 5.1 Grievance Procedures Management shall provide a copy of this MOD to each bargaining unit employee in the A.F.G.E. Local 3614, Any disputes concerning the application or interpretation of this MOD shall be resolved through the negotiated grievance procedure set forth in set forth in Article of the Collective Bargaining Agreement between the National Council ofeeoc Locals, No. 216 and EEOC (or the relevant articles of any subsequent agreements, whether between Local 3614 and EEOC, or National Council ofeeoc Locals, No. 216 and EEOC), EEO procedure or any appropriate third party procedure. 5.2 Modification of Agreement The parties agree to re-negotiate the terms referenced above starting no later than fifteen (15) calendar days of EEOC restructuring or other organizational changes impacting EEOC's Telework Program. 7

8 This agreement will be effective on the date it is signed, and it will not be altered or amended without the mutual consent of the EEOC and Local For the EEOC For A.F.G.E Local 3614 ~ 0c~~~~ ~i::- FlA.~ W Marie M. Tomasso, Director Philadelphia District Office Acting Director Baltimore District Office na M. An Loca13614 Date: ( ""L./"2-1 ID5- Date: f '-ILl/os 8