ALTERNATIVE WORK SCHEDULE . . . ADVERSE AGENCY IMPACT

Department of the Navy, Trident Refit Facility, Kings Bay, Georgia and Local Lode 2783, District 112, International Association of Machinists and Aerospace Workers, AFL-CIO, Case No. 99 FSIP 60, May 11, 1999 (Release No. 420).

The AGENCY proposed that the 5-4/9 compressed work schedule should be terminated based on its determination the schedule has had an adverse agency impact, particularly with respect to reduced productivity.

The UNION countered the claims of adverse agency impact and proposed some modifications to the schedule that would make it work better.

The PANEL ordered the termination of the 5-4/9 compressed work schedule.

ALTERNATIVE WORK SCHEDULE . . . ADVERSE AGENCY IMPACT

Department of Justice, Federal Bureau of Prisons, Federal Corrections Institution Tucson, Tucson, Arizona and Local 3955, American Federation of Government Employees, AFL-CIO, Case Nos. 99 FSIP 153 and 99 FSIP 162, October 29, 1999 (Release No. 426).

The AGENCY proposed to terminate the 4-10 compressed work schedule for Cook Supervisors because it had caused an adverse agency impact on the agency's mission, i.e., use of the schedule during a six month trial period increased overtime usage by 72 percent and presented a greater burden on managers.

The UNION alleged that the 4-10 compressed work schedule is not the reason for the increased overtime usage and has had no adverse agency impact.

The PANEL found the evidence did not support a finding of adverse agency impact and ordered the agency to rescind its determination to terminate the 4-10 compressed work schedule.

ALTERNATIVE WORK SCHEDULE . . . ADVERSE AGENCY IMPACT

Department of Defense, Military Entrance Processing Station - San Antonio, Fort Sam Houston, Texas and Local 28, Laborers International Union of North America, AFL-CIO, Case No. 99 FSIP 155, October 28, 1999 (Release No. 426).

The UNION proposed the adoption of language the parties had agreed to in another dispute on the same issue.

The AGENCY proposed the following:

In the event adverse agency impact is declared at the end of the trial period, employees revert to previous hours of work pending a decision from the FSIP. The agency will make every effort to comply with an employee's desired work hours. However, both parties stipulate, that supervisors still retain the right to set-up or change work schedules to avoid an impact on daily operations.

The PANEL ordered the parties to adopt the following:

The parties agree to permanently adopt these procedures absent the agency declaring adverse agency impact. If the agency declares adverse agency impact during the trial period or at the completion of the trial period the parties agree to negotiate as appropriate.

ALTERNATIVE WORK SCHEDULE

Department of Justice, Federal Bureau of Prisons, Low Security Correctional Institution Allenwood, White Deer, Pennsylvania and Local 0306, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 65, July 28, 1999 (Release No. 422).

The AGENCY opposed the establishment of a 4-10 compressed work schedule as a six month pilot and proposed "that the regular 5-days-per-week, 8-hours-per-day work schedule be maintained because it is optimal for meeting the various needs of the unit team management program."

The UNION proposed the following:

1. The Unit Manager and Unit Staff from each housing unit will meet with the Union at least one month prior to the implementation of the tentative yearly compressed work schedule for the purpose of developing said schedule for that particular unit.

2. Determine seniority within the Unit.

3. With the understanding that all Case Managers and Counselors will rotate through all four shifts within the calendar year, assignments will be made by seniority, (i.e., the most senior person selects one shift within any of the four quarters; then the second in seniority does the same, and so on until all four quarters of the yearly schedule are filled.)

4. Unit Secretaries will follow the same procedures as outlined above, but will rotate among the four secretarial shifts (the third day off) rather that shifts within the unit as outlined in Exhibit 1 a, b, c, d. [The exhibits are not provided.]

5. Staff may mutually agree to exchange shifts within the roster; however, the unchanged roster agreed to at the roster committee meeting will be what is utilized to determine the equitable distribution.

6. Staff assigned to work Holidays will be determined by seniority. The staff member actually assigned to work on the Holiday will work a traditional [8-hour/5-day] work week to ensure no increased costs Holiday pay.

7. When there are two or more unit staff members on scheduled annual leave, regardless of Holiday weeks, all line staff within the unit will revert back to a traditional [8-hour/5-day] work week to avoid increased costs for Holiday pay.

8. Staff who request sick leave for one work day, upon approval, will be granted 10 hours of sick leave.

9. Staff who do not desire to work the compressed schedule must claim a personal hardship. Staff claiming the personal hardship will submit a memorandum to their immediate Supervisor citing their reasons for not being able to work the schedule. The Union will be given a copy of all hardship claims. Personal hardships will be mutually determined by management and the Union.

10. Night differential pay will be granted to staff who work after 6:00 p.m. Staff will be paid Sunday pay when required to work on Sundays.

Procedures of Evaluating a Compressed Work Schedule

1. Prior to the implementation of a schedule, the Union and management will meet to discuss in detail what will be monitored with respect to the implementation of the schedule.

2. The schedule will be implemented and after the sixth month, both parties will meet for the purpose of discussing the effectiveness of the schedule.

3. All data to be used in monitoring the effects of the compressed schedule will be provided to the Union prior to implementation (baseline data).

4. A Union representative will be given an active role in the agencies collection and evaluation of data used to monitor the effects of the implemented schedule.

5. The Union and management agree to meet regularly and/or when necessary for the purpose of addressing the possible development of any adverse affect with respect to the implementation of the schedule.

6. The intent of these meetings is to implement corrective action, short of revoca tion of the schedule, to deal with possible adverse affects.

7. During the six month meeting, the agency will provide the Union with a copy of all information that will be provided to the Office of General Counsel for the purpose of determining any adverse affect, if applicable.

The PANEL ordered the parties to adopt the UNION's proposal.

ALTERNATIVE WORK SCHEDULE

Environmental Protection Agency, Region 2, New York, New York and Local 3911, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 69, September 30, 1999 (Release No. 425).

The AGENCY proposed to maintain the status quo, i.e., continue the existing flexitour and 5-4/9 schedules.

The UNION proposed that, in addition to the flexitour and 5-4/9 schedules, employees be given an option of working under a 4/10 compressed work schedule (CWS) and a credit hour plan during a one year test period.

The PANEL adopted the AGENCY's proposal to continue the current flexitour and 5-4/9 compressed work schedules and the UNION's proposal regarding the 4/10 CWS and credit hour plan, modified to require a test period of six months.

ALTERNATIVE WORK SCHEDULE

Department of Housing and Urban Development, Pacific/Hawaii Region, San Francisco, California and Local 1450, Natural Federation of Federal Employees, Federal District 1, IAM&AW, AFL-CIO, Case No. 99 FSIP 93, September 30, 1999 (Release No. 425).

The AGENCY proposed that employees on the 5-4/9 or 4-10 compressed work schedule select fixed arrival times between 7:00 and 9:00 a.m., and be permitted to earn and carryover credit hours from one pay period to the next. Credit hours could be earned during training, with prior supervisory approval.

The UNION proposed that employees on a flexitour schedule be permitted to earn credit hours between 6:00 and 7:00 a.m., and 6:30 and 7:30 p.m. Credit hours could also be earned during training, with prior supervisory approval.

Employees on the 5-4/9 compressed work schedule could start work as early as 6:00 a.m. and work as late as 7:00 p.m. Those employees on the 4-10 compressed work schedule could begin work as early as 6:00 a.m. and work as late as 7:30 p.m.

The PANEL ordered the parties to adopt the UNION's proposal.

ALTERNATIVE WORK SCHEDULE

Department of Housing and Urban Development, Memphis Area Office, Memphis, Tennessee and Local 259, National Federation of Federal Employees, Federal District 1, IAM&AW, AFL-CIO, Case No. 99 FSIP 84, November 8, 1999 (Release No. 426).

The AGENCY proposed to give employees the option of working under a 4-10 compressed work schedule with fixed starting times between 7:00 and 8:00 a.m.; a flexitour schedule that permitted them to vary their starting time by one hour before or after their selected starting time; or a credit hour plan.

The UNION proposed that employees be given the option of working a 4-10 compressed work schedule with fixed starting times between 6:45 and 9:30 a.m., a flexitour schedule, a credit hour plan, or a 5-4/9 maxiflex schedule.

The PANEL ordered the parties to adopt the AGENCY's proposal, modified to exclude all references to AFGE and to limit coverage to bargaining unit employees. Additionally, the parties were ordered to adopt the following wording for a maxiflex schedule:

Employees shall have he option of working under a maxiflex schedule which is a flexible work schedule involving fewer than 10 workdays in the biweekly pay period, and in which a full-time employee has a basic work requirement of 80 hours biweekly, but can vary the number of hours worked on a given workday or workweek. Employees may vary the starting time of their workday between 7 and 9:30 a.m., on a daily basis; the evening flexiband is 3:30 to 6:30 p.m. Core hours for employees on a maxiflex schedule are between 9:30 a.m. and 3:30 p.m. each day worked. Employees working a maxiflex schedule are not eligible to earn credit hours. Each employee requesting maxiflex will be notified of approval or disapproval. If a maxiflex schedule is disapproved by the supervisor, the employee will receive, in writing, a reason for the exclusion. Employees, with their supervisor's permission, may have pre-approved plans for working these schedules.

ALTERNATIVE WORK SCHEDULE

Department of the Treasury, Bureau of Engraving and Printing, Washington, D.C. and Chapter 201, National Treasury Employees Union, Case No. 99 FSIP 96, November 24, 1999 (Release No. 426).

The UNION proposed that the status quo be maintained regarding the standard work schedule and that, for employees on flexible work schedules, they be allowed to work the same flexible time bands and core hours regardless of where assigned within the Bureau of Engraving and Printing. Employees on the 5-4/9 and 4-10 compressed work schedules who wish to change their day off when unforseen circumstances arise would be required to submit such requests by 12 noon the day before their regular day off.

Basically, the AGENCY's proposal--

(1) [P]rovide[d] for employees on a standard work schedule to work a tour of duty "as determined by the Bureau, Monday through Friday when possible;"

(2) [R]equire[d] the Employer to provide the Union with notice of proposed changes to "any regularly scheduled workweek" and to "afford" it [seven] days to "conduct" impact-and-implementation bargaining except "in cases of emergency declared by the Employer;"

(3) [S]pecifie[d] that approval of employee requests to work CWS and FWS are to be made "in a fair and equitable manner, subject only to operational needs and mission requirements," when "determining appropriate coverage requirement for each Office;"

(4) [P]rovide[d] for "all AWS determinations" to be "based upon workload requirements and the staffing requirements necessary to ensure sufficient coverage to satisfy office and customer requirements" and that it "may be necessary" to establish a single schedule to be worked by all employees in a function or group "due to the nature of the work and the interdependence of functions;"

(5) [A]llowe[d] for the Employer to determine the earliest arrival time and latest departure time for each Office "based on the mission of that Office and its role in support of the Bureau's production operations;"

(6) [R]equire[d] management to provide the Union with 10-day notice and an opportunity to bargain prior to changing current arrival and departure times;

(7) [P]rovide[d] for core hours to be determined "by the Bureau for each Office and shift, keeping in mind the needs to provide appropriate coverage for customer service for outside and inside customers, i.e., coordination with other components providing staff for production support and other support functions;"

(8) [P]ermit[ted] the Employer to decide an employee's off day(s) under 5-4/9 and 4-10 CWS "based on the needs of the Office, workload requirements, and the requests of other employees for days off;"

(9) [R]equire[d] employees to submit "occasional" requests to change their off day at least [three] days (5-4/9 CWS) and [three] workdays (4-10 CWS) before "the day to be taken off;"

(10) [P]rescribe[d] that new employees submit "requests for work schedules that have been approved for the employees' organizations to their supervisors at least [five] workdays prior to the effective date of the proposed schedules;" and

(11) [P]rovide[d] for an employee's request to change work schedules to be effective "the first full pay period after the change is approved."

The PANEL ordered the parties to adopt the UNION's proposal.

ALTERNATIVE WORK SCHEDULE . . . QUITTING TIME

Department of the Air Force, Air Force Reserves, Grissom Air Force Base, Indiana and Local 3254, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 105, December 14, 1999 (Release No. 427).

The AGENCY proposed that the night shift (second shift) end at 12:00 a.m. instead of 1:00 a.m.

The UNION proposed that the Agency maintain the status quo, which permits night shift employees on a 5-4/9 compressed schedule to start work at 3:30 p.m. and finish at 1:00 a.m.

The PANEL ordered the parties to adopt the AGENCY' proposal.