ALTERNATIVE WORK SCHEDULE . . . ADVERSE AGENCY IMPACT

Department of Veterans Affairs, Black Hills Healthcare System, VA Medical Center, Hot Springs, South Dakota and Local 1539, American Federation of Government Employees, AFL-CIO, Case No. 00 FSIP 11, January 11, 2000 (Release No. 428).

The AGENCY determined that the establishment of a 5-4/9 compressed work schedule for the installation's Industrial Equipment Mechanic (mechanic) would have an adverse agency impact because he occupies a "unique one-of-a-kind position;" and the Agency relies on his technical expertise to minimize any interruption in service due to vehicle or equipment problems.

The UNION proposed the establishment of a 5-4/9 compressed work schedule for the mechanic, with one Monday off every other week.

The PANEL found that the Agency did not meet its burden of showing the proposed compressed schedule, if established, would have an adverse agency impact and ordered the parties to negotiate over the UNION's proposal.

ALTERNATIVE WORK SCHEDULE . . . ADVERSE AGENCY IMPACT

Department of the Navy, Naval Submarine Base New London, Groton, Connecticut and Local R1-100, National Association of Government Employees, SEIU, AFL-CIO, Case No. 00 FSIP 19, April 28, 2000 (Release No. 431).

The AGENCY determined that the establishment of the proposed 5-4/9 compressed work schedule for eleven employees (crane operators and riggers) would likely cause an adverse agency impact because it would reduce productivity and increase costs.

The UNION proposed the establishment of a 5-4/9 compressed work schedule for a three or six month trial period, to see if it would have an adverse impact.

The PANEL found that the proposed schedule, if established, would likely result in adverse agency impact and ordered the UNION to withdraw its proposal.

ALTERNATIVE WORK SCHEDULE . . . ADVERSE AGENCY IMPACT

Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Lompoc, California and Local 3048, American Federation of Federal Employees, AFL-CIO, Case No. 00 FSIP 129, November 13, 2000 (Release No. 436).

The UNION proposed that—

1. Bargaining unit employees at six UNICOR facilities would work the same “‘pilot’ 5-4/9” compressed work schedule—working 7 a.m. to 4 p.m. on nine-hour days and 7 a.m. to 3 p.m. on eight-hour days.
2. Unit employees and inmates working at UNICOR facilities would take the second Friday of the pay period off.
3. Unit employees would "work a paid lunch;" inmates would have the option of working or not working through lunch.
4. The warden would have the discretion to move inmates from the cells to the work site at either 7:15 or 7:30 a.m. At the end of the workday the warden would have the same discretion--moving inmates back to their cells "at 3:30 p.m. on Monday through Thursday, and at 2:30 p.m. of the alternate Friday."

Alternatively, to avoid shutting down UNICOR's operations on any day during the pay period, the UNION proposed a second pilot 5-4/9 compressed schedule with different days off for each department that would rotated on a pay period or quarterly basis. Other features of the Union's proposal were unchanged.

The AGENCY determined that the 5-4/9 compressed work schedule proposed by the Union, if established, would likely have an adverse impact on the Agency's operations: service to the public would be interrupted, production days would be lost, and UNICOR's business office and warehouse functions that must be performed every day would be disrupted.

The PANEL found that proposal one would likely have an adverse impact and ordered the Union to withdraw it. The parties were ordered to negotiate over the Union's alternative second proposal.

ALTERNATIVE WORK SCHEDULE

Department of the Navy, Naval Aviation Depot, Jacksonville, Florida and Local 1943, National Federation of Federal Employees, Federal District No. 1, IAM&AW, AFL-CIO, Case No. 99 FSIP 160, March 16, 2000 (Release No. 430).

The UNION essentially proposed that employees relocated from the Naval Air Station, Jacksonville (NAS JAX) to refurbished office space several blocks away at Cecil Field, and "all full-time employees affected by the relocations at the Jacksonville Electric Authority (JEA) Building in downtown Jacksonville, the Lake Gray facility, and Building 2, 168 and 101UA at the NAS JAX, be given the option of working a standard 8-hour-a-day schedule, a 5-4/9, or a 4/10 [compressed work schedule]."

The AGENCY proposed that bargaining unit employees at Cecil Field be allowed to work a 5-4/9 compressed work schedule for a nine month test period, in addition to the standard 8-hour, 5 day-a-week schedule.

The PANEL ordered the parties to adopt the AGENCY's proposal, as modified, and to include the following provision:

An employee who works under a 5-4/9 CWS shall begin work at a fixed time each day at any 15-minute increment between the hours of 6 and 8 a.m. The employee's starting time is to be determined with supervisory concurrence and shall remain the same throughout the [nine]-month trial period unless supervisory approval is obtained for a deviation.

The 5-4/9 CWS shall remain in place in the event that the parties reopen their negotiations to determine whether it should continue to be implemented as tested, modified or terminated.