ALTERNATIVE
WORK SCHEDULE
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.
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