(1) [E]ither party may request to negotiate over the program
for "up to 45 days after the end of the 1-year [test] period"
and must provide "specific proposals" within that time;
(2) [T]he program remain in effect during negotiations, "including
impasse procedures;"
(3) [E]mployee participation in the program be voluntary and
subject to management approval "pursuant to criteria set out in
sections 3. and [7.]B.;"
(4) [E]mployees be eligible to request to participate in the
program if they have a current rating of record of "achieved"
or higher, and are not in training status, among other criteria;
(5) [U]pon request, employees be provided Government-owned computers
and telecommunications equipment, subject to availability or equipment
and funds;
(6) [E]mployees be required to cooperate in any "reasonable investigation"
relating to the theft, damage, or loss of equipment conducted
by the Employer or local police authorities;
(7) [I]t may not be "suitable for an employee to perform work
at home if, among other things, the employee "needs frequent access
to equipment or information which cannot be moved from the regular
office or accessed from the "alternative duty station" (ADS) or
it would be "a significant cost" for the Employer to "duplicate
the [regular office's] level of security" at the employee's home;
(8) [T]he Employer conduct periodic inspections of the ADS "solely
to ensure work site conformance with safety standards and other
specifications in these guidelines," and "only on days when the
employee is working at the ADS with at least 24 hours notice;"
(9) [A]n employee complete a "Flexiplace Program Agreement" (Agreement)
once, and submit it at least 30 days before the employee makes
the first request to work on an assignment at home;
(10) [A] copy of the flexiplace article and "[a] work plan jointly
developed [by] the supervisor and the employee" be attached to
the Agreement;
(11) [A]n employee's first-line supervisor render a decision
on the employee's request to perform a work assignment at ADS
within [two] days;
(12) Bureau seniority resolve "conflicting scheduling requests"
and, if employees have the same seniority, they "toss a coin to
decide whose request is approved;"
(13) [A]n employee's "[f]ailure to complete a flexiplace assignment
in the time allowed due to a violation of the terms of [the] program
may be a basis for denying [the] employee's subsequent requests
to perform assignments" at home;
(14) [A]n employee may be removed from the program for a decline
in job performance "attributable to participation in the [f]lexiplace
[p]rogram" and, once removed, may not apply for readmission for
30 days; if an employee's performance becomes unacceptable, removal
from the program is automatic and the employee may not apply for
readmission until an acceptable level of performance is maintained
for 90 days;
(15) [E]mployees be prohibited from working overtime absent
special circumstances and prior approval from their supervisors;
(16) [R]equests for participation in medical flexiplace "be granted
in a fair and equitable manner;" and
(17) "[A]ny denials" under the program be grievable and, upon
request, an employee be provided "the reasons for denial of participation"
in writing.
(1) [E]ither party may request to negotiate over the program
for "up to 30 days after the end of the 1-year [test] period"
and must provide "specific proposals" within that time;
(2) [T]he program remain in effect during negotiations, except
if agreement is not reached within [six] months and a party requests
to terminate the pilot;
(3) [T]he employees "most suitable" to work flexiplace be those
who "can function independently and have demonstrated dependability;"
(4) [E]mployee participation in the program be voluntary and
subject to management approval;
(5) [E]mployees be eligible to request to participate in the
program if they: (a) have maintained a rating of record of "achieved"
or higher for the preceding year; (b) have not been disciplined
for misconduct during the same period of time; (c) have worked
under the approving (current) supervisor for a minimum of 120
days; (d) are "at the journeyman level (not in a training status)"
and have been in their current positions for at least [six] months;
(e) are willing to "sign and abide by" the Agreement (Exhibit
1), among other criteria;
(6) [A]pproval of an employee's request to participate in the
program be "within the discretion of the Bureau," and approval
be granted "only where it [would be] beneficial to both the Bureau
and the employee;"
(7) [A]pproved flexiplace arrangements "be in the best interest
of both the Bureau and the employee" and, therefore, "work suitable"
to be performed under a flexiplace arrangement be that "which
may be performed more efficiently" at the ADS;
(8) [T]he placement of Government-owned computers and communications
equipment in the ADS be at the discretion of management;
(9) [E]mployees be required to cooperate in any equipment theft,
damage, or loss investigation conducted by the Employer or local
police authorities;
(10) [I]t may not be "suitable" for an employee to perform work
at home if, among other things, the employee "needs frequent access
to equipment or information which cannot be moved from the regular
office" or would be "costly" for the Employer to "duplicate the
[regular office's] level of security" at the employee's home;
(11) [A]n employee complete the Agreement once, and submit it
at least 30 days before the employee makes the first request to
work on an assignment at home;
(12) [T]he Agreement "provide employees with sufficient information
concerning the [f]lexiplace [p]rogram so as to make an informed
decision;" included in the Agreement would be information concerning
security, privacy, leave, overtime, time and attendance, and program
guidelines and related matters;
(13) [A]pproval of a "Flexiplace Program Work Assignment Request"
(Request) (Exhibit 2) submitted by employees for each specific
assignment to be performed at home, "is solely and completely
within the discretion of the Bureau;" in "considering" a request,
the Employer would apply specific criteria including "[w]hether
the specific work assignment is suitable for flexiplace as described
in section 4.I. above;
(14) [T]he duration of flexiplace assignments be "no more than
30 days;"
(15) [A] flexiplace may not include use of the Bureau of Engraving
and Printing Information System (BEPMIS);
(16) [A]t the completion of the flexiplace assignment, both the
employee and his/her supervisor complete section 2 of the Request
documenting matters specified their;
(17) [A]n employee's failure to complete a flexiplace assignment
in the time allowed "may be a basis for denying [the] employee's
subsequent requests to perform assignments at [home] or removal
from the program;"
(18) [A]n employee may be removed from the program for a decline
in job performance and, once removed, may not apply for readmission
for [six] months; if an employee's performance becomes unacceptable,
removal from the program be automatic and the employee may not
apply for readmission until an acceptable level of performance
is maintained for [one] year;
(19) [E]mployees performing work at home may not be on an AWS,
and that specific days and hours of the flexiplace assignment
be agreed to by the supervisor and the employee;
(20) [E]mployees be prohibited from working overtime absent special
circumstances and prior approval from their supervisors;
(21) [T]he term "medically disabling conditions" for which an
employee may request to work "medical flexiplace" means, with
some specific exceptions, that "the employee meets the definition
of 'qualified individual with disabilities'" under 29 C.F.R. Part
1614;
(22) [A]t the Employer's request, the employee requesting a medical
flexiplace arrangement provide "appropriate medical documentation
as described in 5 C.F.R. 339;"
(23) [A]n employee's medical condition alone "not [be] ordinarily
sufficient for approval of [the employee's request to work] medical
flexiplace," i.e., the Employer "must also determine that there
are identifiable benefits to the Bureau" in the employee's working
a medical flexiplace arrangement; and
(24) "[D]enials for participation in flexiplace" be grievable
and, upon request, an employee be provided "the reasons for denial
of participation" in writing.
The PANEL ordered the parties to adopt the AGENCY's proposal.
