Article 12
Flexiplace

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 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. 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.
f. 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)
• Telephone usage (other than long distance)
• 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 48, 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 81⁄2-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 5 CFR 2635.704.
(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 34.

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 47).

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

U.S. DEPARTMENT OF LABOR
FLEXIPLACE PROGRAM
EMPLOYEE SELF-CERTIFICATION SAFETY CHECKLIST

NAME: ________________________ AGENCY: __________________________
ADDRESS: _____________________ CITY/STATE: ________________________
BUSINESS TELEPHONE:_______________ SUPERVISOR: ________________

Dear Flexiplace Program Participant:
The following checklist is designed to assess the overall safety of the alternate duty station. Each participant should read and complete the self-certification safety checklist. Upon completion the checklist should be signed and dated by the participant employee and immediate supervisor.

The alternate duty station is _________________________________.
Describe the designated work area in the alternate duty station.
________________________________________________________________.

A. WORKPLACE ENVIRONMENT
1. Are all stairs with 4 or more steps equipped with handrails?
Yes [ ] No [ ]
2. Are all circuit breakers and/or fuses in the electrical panel labeled as to intended service?
Yes [ ] No [ ]
3. Do circuit breakers clearly indicate if they are in the open or closed position?
Yes [ ] No [ ]
4. Is all electrical equipment free of recognized hazards that would cause physical harm (frayed wires, bare conductors, loose wires, flexible wires running through walls, exposed wires to the ceiling)?
Yes [ ] No [ ]
5. Will the building's electrical system permit the grounding of electrical equipment?
Yes [ ] No [ ]
6. Are aisles, doorways, and corners free of obstructions to permit visibility and movement?
Yes [ ] No [ ]
7. Are file cabinets and storage closets arranged so drawers and doors do not open into walkways?
Yes [ ] No [ ]
8. Are chairs safe? (No loose casters (wheels) or rungs and legs of chairs are sturdy)
Yes [ ] No [ ]
9. Are the phone lines, electrical cords, and extension wires secured under a desk or alongside a baseboard? Yes [ ] No [ ]
10. Is the office space neat, clean, and free of excessive amounts of combustibles?
Yes [ ] No [ ]
11. Are floor surfaces clean, dry, level, and free of worn or frayed seams?
Yes [ ] No [ ]
12. Are carpets well secured to the floor and free of frayed or worn seams?
Yes [ ] No [ ]
13. Is there enough light for reading?
Yes [ ] No [ ]

B. COMPUTER WORKSTATION (IF APPLICABLE)
14. Is your chair adjustable?
Yes [ ] No [ ]
15. Do you know how to adjust your chair?
Yes [ ] No [ ]
16. Is your back adequately supported by a backrest?
Yes [ ] No [ ]
17. Are your feet on the floor or fully supported by a footrest?
Yes [ ] No [ ]
18. Are you satisfied with the placement of your VDT and keyboard?
Yes [ ] No [ ]
19. Is it easy to read the text on your screen?
Yes [ ] No [ ]
20. Do you need a document holder?
Yes [ ] No [ ]
21. Do you have enough leg room at your desk?
Yes [ ] No [ ]
22. Is the VDT screen free from noticeable glare?
Yes [ ] No [ ]
23. Is the top of the VDT screen eye level?
Yes [ ] No [ ]
24. Is there space to rest the arms while not keying?
Yes [ ] No [ ]
25. When keying, are your forearms close to parallel with the floor?
Yes [ ] No [ ]
26. Are your wrists fairly straight when keying?
Yes [ ] No [ ]

Employee Signature: _______________________ Date:________________
Immediate Supervisor's Signature_________________ Date:________________

NOTE: Supervisor should retain a copy of this Employee Self-Certification Safety Checklist along with the written Flexiplace agreement. This safety checklist is intended to be a guide for the employee and the supervisor. If either the employee or the supervisor has concerns as to whether the prospective alternative work site is adequate in terms of safety, either should consult with the Agency's Safety and Health Officer.

Section 15: Standard Individual Flexiplace Work Agreement

STANDARD
U.S. DEPARTMENT OF LABOR
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES - LOCAL 12
INDIVIDUAL FLEXIPLACE WORK AGREEMENT

The following constitutes a work agreement between:

NAME: ______________________ AGENCY: _________________________
ALTERNATE WORKSITE ADDRESS: ______________________________
CITY/STATE: _____________ BUSINESS TELEPHONE: ______________
E-MAIL _____________________ FAX NO. __________________
SUPERVISOR:________________________________________________

on the terms and conditions of the individual's participation in the attached Flexible Workplace Program.

The employee volunteers to participate in Flexiplace and agrees to adhere to the terms and conditions of the Flexible Workplace Program and this agreement. The Agency concurs with this employee's participation and agrees to adhere to the terms and conditions of the Flexible Workplace Program.

The employee's Flexiplace arrangement will begin on _____________.

The employee ___ chooses ___ chooses not to participate in the office's flexitime plan.

If the employee chooses not to participate in flexitime, the employee and supervisor agree that the employee's official tour of duty will be from _________ to __________.

If the employee chooses to participate in the office's flexitime plan, the employee will communicate his/her daily start and stop times by means of _______________________.

Everything in this section is subject to office coverage needs as outlined in Section 4 of Article 12 and Article 5 of the DOL - Local 12 Collective Bargaining Agreement.

The employee will report to the office on the following day(s) ________________________. Nothing precludes the employee and supervisor from informally agreeing that the employee will report to the office on a different day on an ad hoc/as needed basis.

The rules and policies governing the employee's time, attendance, and the requesting of overtime and leave are unchanged by participation in the Flexiplace program. Employees must obtain supervisory approval before taking leave in accordance with prescribed office procedures and applicable law, rule, or regulation. All overtime must be approved in advance by Management. If the employee works overtime that has been directed and/or approved in advance, the employee will be compensated in accordance with applicable law, rule, or regulation.

If the employee uses government equipment, the employee will use and protect the government equipment in accordance with the procedures established in the Federal Information Resources Management Regulation (FIRMR). Government-owned equipment will be serviced and maintained by the Government. If the employee provides his/her own equipment, the employee is responsible for servicing and maintaining it.

Provided the employee is given at least 24 hours advance notice, and Management has reasonable cause to believe that hazardous working conditions exist, an inspection by the Government of the employee's home work site may be conducted during the employee's normal working hours to ensure proper maintenance of Government-owned property and work site conformance with health and safety standards.

Employees must make a reasonable attempt to ensure a safe and healthy work environment.

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 claims or claims arising under the Military Personnel and Civilian Employees Claim Act.

The Government will not be responsible for operating costs, home maintenance, or any other incidental cost whatsoever (e.g., utilities) associated with the use of the employee's residence. By participating in this program, the employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the Government, as provided for by statute and implementing regulations.

Injuries that arise in the performance of duty at the alternate worksite are subject to the Federal Employees' Compensation Act.

The employee will apply approved safeguards to protect Government/Agency records from unauthorized disclosure or damage and will comply with Privacy Act requirements set forth in the Privacy Act of 1974, Public Law 93-579, codified at Section 552a, title 5 U.S.C. and specific Agency(ies) confidentiality requirements. The supervisor and employee will discuss these safeguards.

The employee has been provided a copy of the Flexiplace Article.

Employee Signature: _______________________Date:________________
Immediate Supervisor's Signature_______________Date:________________