ALTERNATIVE WORK SCHEDULE
(Adverse Agency Impact)
Department of the Air Force, Dover Air Force Base, Dover AFB, Delaware and Local 1709, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 107, September 16, 1997 (Release No. 401).
The AGENCY contended that the 4-10 compressed work schedule caused an adverse agency impact by reducing the productivity of the agency and increasing the cost of agency operations.
The UNION contended that the AGENCY failed to meet the burden of proof required under the Federal Employees Flexible and Compressed Work Schedules Act.
The PANEL found the AGENCY had not met the statutory burden of proof and ordered the restoration of affected employees to the compressed work schedule that was terminated.
(Adverse Agency Impact)
Department of the Army, U. S. Army Medical Department Activity, Ireland Army Hospital, Fort Knox, Kentucky and Local 2302, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 27, February 5, 1998 (Release No. 406).
The AGENCY determined that the 5-4/9 compressed work schedule in the Administration Section of the Information Management Division had diminished service to the public, including internal customers, and had reduced productivity.
The UNION claimed the agency failed to show that the compressed work schedule had an adverse agency impact and it did not meet the burden of proof required under the Federal Employees Flexible and Compressed Work Schedules Act.
The PANEL, finding the AGENCY's evidence persuasive, ordered the termination of the 5/4/9 compressed work schedule.
(Adverse Agency Impact)
Department of Transportation, Federal Aviation Administration, Kansas City, Missouri and Local ZKC, National Air Traffic Controllers Association, Case No. 98 FSIP 19, January 30, 1998 (Release No. 406).
The AGENCY determined that the 5-4/9 compressed work schedule for Air Traffic Control Specialists had caused an adverse agency impact.
The UNION asserted that the AGENCY failed to meet the burden of proof required by the Federal Employees Flexible and Compressed Work Schedules Act, and presented a case consisting "primarily of broad generalizations."
The PANEL found the data the AGENCY presented did not establish that the affected employees' compressed schedules resulted in diminished service to the public, reduced productivity, or increased costs to the agency, i.e., had an adverse agency impact, and ordered the agency to continue the 5-4/9 compressed work schedules.
(Adverse Agency Impact)
Department of the Army, U.S. Army Medical Department Activity, Ireland Army Hospital, Fort Knox, Kentucky and Local 2302, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 86, May 12, 1998 (Release No. 409).
The AGENCY proposed to terminate the 5-4/9 and 4/10 compressed work schedules in the Red Primary Care Clinic because they had an adverse agency impact.
The UNION argued that the agency's determination was not supported by any evidence of adverse agency impact.
The PANEL found the agency's determination was not supported by the evidence and ordered the agency to continue the 5-4/9 and 4/10 compressed work schedules for employees in the Red Primary Care Clinic.
(Adverse Agency Impact)
Department of Veterans Affairs, Portland Veterans Administration Medical Center, Portland, Oregon and Local 2157, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 145, December 4, 1998 (Release No. 415).
The AGENCY determined not to establish the compressed work scheduled proposed by the Union (six 12-hour days and one 8-hour day per pay period) because it would likely cause an adverse agency impact.
The UNION proposed the following:
- Pilot Program for all RN's/LPN's desiring 12-hour tours in Patient Care Service Line 2, on 9C and 8D, for a period of one year.
- If adverse agency impact is declared on either 8D or 9C, the Agency may invoke its rights under the Federal Employees Compressed Work Schedules Act.
- If a nurse desires to be removed from the 12-hour tours during the pilot, the request must be submitted in writing to the manager of Patient Care Service Line 2. Criteria for voluntary discontinuation of the 12-hour tour will be negotiated at a future date.
The PANEL found the Agency's determination that the compressed work scheduled proposed by the Union, if established, would likely cause an adverse agency impact was not supported by the evidence and ordered the parties to negotiate over the UNION's proposal.
(Negotiation Impasses)
Department of the Treasury, Internal Revenue Service, Philadelphia Service Center, Philadelphia, Pennsylvania and Chapter 71, National Treasury Employee Union, Case No. 97 FSIP 117, November 14, 1997 (Release No. 403).
The AGENCY contended that the 5/4-9 compressed work scheduled established on a trial basis for computer operators and systems analysts in the Computer Operations Branch should not be made permanent because it "is not appropriate."
The UNION proposed that the schedule be expanded to employees in the Computer Operations Branch not currently covered by the parties' alternative work schedules agreement.
The PANEL ordered the following:
The employer shall: (1) maintain the current AWS options and shift schedule available to computer operators and analysts in the Computer Operations Branch; and (2) suspend AWS for computer operators and analysts during the end-of-year processing pay period(s).
(Negotiation Impasses)
Department of the Treasury, Internal Revenue Service, Fresno Service Center, Fresno, California and Chapter 97, National Treasury Employees Union, Case No. 97 FSIP 102, November 18, 1997 (Release No. 403).
The AGENCY proposed the following:
When the days off for a 5/4-9 work schedule are listed as "any day 25 [percent]," the number of employees who may be off on any given day is limited to no more than 25 [percent]. An employee may bid for any day off in the pay period. However, if there is an odd number of people and an unacceptable balance occurs, management has the right to restrict the days off to the percentage listed. Example: If there are [five] perm[anent employees] bidding for 5/4-9 and each bids a Monday or Friday off, management may, based on workload demands, deny the person with the least seniority a Monday or Friday. That person may receive a Tuesday, Wednesday, or Thursday off.
The UNION proposed the following:
Should an odd number of employees in a unit select a 5/4-9 schedule with Monday or Friday as their off day, the least senior employees will be assigned to either a Monday or Friday off in accordance with past practice, notwithstanding the 25 [percent] distribution rate on Mon[day]/Fri[day] off.
Should the assignment of an odd number [of] employees to a Monday/Friday day off for those employees selecting a 4/10 work schedule result in fewer employees than needed to perform the necessary work in a unit on either day (Mon[day] or Fri[day]), management will notify the Union, and the Union may request to bargain in good faith over the resolution of the matter. It is understood by the parties that a failure to resolve this matter thorough bargaining in good faith between the parties may be referred to the FMCS and to the Federal Service Impasses Panel, if necessary. In units where management identifies such a situation, existing AWS schedules will continue in effect pending resolution of the dispute.
Employees opting for a 5/4-9 schedule may select a Tuesday, Wednesday, or Thursday as their day off, provided that day has not been identified as a critical cycle day by the parties.
Employees may not be involuntarily assigned to Tuesday, Wednesday or Thursday off unless specifically agreed elsewhere in the Agreement.
The PANEL ordered the UNION's proposal modified as follows:
Should an odd number of employees in a unit select a 5/4-9 schedule with Monday or Friday as their day off, the least senior employees on such a schedule will be assigned to either a Monday or Friday off in accordance with past practice.
Should the assignment of an odd number of employees to a Monday/Friday day off combined with the selection of a Monday or Friday off for those employees selecting a 4/10 work schedule result in fewer employees than needed to perform the necessary work in a unit on either day (Monday or Friday), management will notify the union and a good faith effort will be made to informally resolve the scheduling dispute. In units where management identifies such a situation, existing AWS schedules will continue in effect pending resolution of the dispute.
If no informal resolution of the dispute can be achieved after the union is notified of the situation, the parties may invoke the expedited arbitration procedures under Article 43, section 4C of NC IV, the parties' master agreement.
Employees opting for a 5/4-9 schedule may voluntarily select a Tuesday, Wednesday or Thursday as their day off, provided that day has not been identified as a critical cycle day be the parties.
(Negotiation Impasses)
Department of Veterans Affairs, VA Connecticut Healthcare System, Newington, Connecticut and Local R1-109, National Association of Government Employees, SEIU, AFL-CIO, Case No. 97 FSIP 144, December 22, 1997 (Release No. 404).
The UNION proposed the following 4-10 CWS for bargaining unit employees in the mail room unit for a 6-month trail period: Tuesday through Friday, 7 a.m. to 5:30 p.m., with Mondays off.
The AGENCY opposed the CWS proposed by the union because it would be incompatible with the core mail delivery hours, 10 a.m. to 2:30 p.m., 5-days-a-week.
The PANEL ordered the UNION to withdraw its proposal.
