The following is an update on the state of negotiations with management on return to office (RTO) orders and an agreement on regular and recurring telework. Generally, this process had been happening slowly, then suddenly – so we want to keep our members up to date with changes that are likely to affect many of us.
As stated at last weeks’ monthly membership meeting, management had finally gotten back to us on our initial proposals in what was supposed to be our quarterly “partnership” meeting. At this meeting management stated that they believe that they cannot substantively bargain over regular and recurring telework. We vehemently disagree, as the Federal Labor Relations Authority (FLRA) has consistently ruled that this is something management has discretion to bargain on (with one exception that was overturned by the federal courts). As such, we will be petitioning the FLRA to (once again) rule on the negotiability.
In the meantime, we have been negotiating an agreement on the impact and implementation (I&I) of the RTO orders that management is clearly motivated to pursue. This is a power that federal labor unions possess to reduce the negative effects from changes in working conditions.
It’s important to note that management generally cannot implement changes in working conditions until bargaining is completed. In this case, with the threat of the loss of the lease on the downtown Chicago office (a threat management made at the bargaining table even though GSA has rescinded the lease termination for now), the bargaining team feels we have to consider a scenario where we have to bargain “return” to office and then engage in separate negotiations for regular and recurring telework- negotiations that may take years and complex litigation.
Here’s an attempt to breakdown the current state of negotiations –
Here are some things the union and management appear to have agreement on regarding RTO:
- Management will inform bargaining unit employees (BUEs) of several benefits that affected employees can take advantage of.
- Management will adhere to regulations providing reasonable accommodations for individuals with disabilities – protecting us from escalated reviews and keeping it at your supervisors level.
- BUEs will have the period from when the agreement is signed to when the agreement is effective to submit changes to benefits.
- BUEs without a dedicated cubicle or office space will be approved for situational telework until such space becomes available.
- BUEs can request a request to report to any USACE, DoD, or GSA Federal coworking facility located closer to their residences. Management will make reasonable attempts to accommodate such requests.
- BUEs currently on remote work agreements where there isn’t an available office within 50 miles will have the right to union bargaining over the options they have in terms of moving/PCS entitlements. This will allow for a stronger hand on things like getting the defense home sales program approved.
- The paperwork to request a retention incentive will be streamlined for those who live more than 50 miles from their office and cannot be assigned to a closer office. This will help expand options for employees to pursue to offset increased commuting costs.
Things the union and management have yet to resolve:
- Guarantee of the transit and childcare benefits regardless of whether Army continues them.
- Implementation timeline – the union had initially proposed 60 days from agreement while management countered 7 days initially. We will likely land somewhere in the middle, but those of us in the negotiating room are not prepared to accept less than a month.
If our proposal to guarantee transit and childcare benefits is not accepted, we plan to offer proposals that would lock in:
- Use of maxiflex schedules to accommodate a loss in workplace flexibility and the impacts therein.
- The conditions by which situational telework would be approved.
- The ability for BUEs to utilize “mobile work” to mitigate the impacts of increased commute times by working while commuting on transit and having that count as part of their workday.
Depending on the results of the RTO negotiation, we will propose a separate negotiation on restoring regular and recurring telework and remote work.
We are set to resume negotiations with management Monday, March 17th, so please don’t hesitate to provide feedback and share with us how these changes would affect you. Being able to point to the concerns of our fellow workers greatly helps us in the negotiating room.
In concluding these updates, I think it’s important to highlight that all of this is confined to formal negotiations. A union is any group of workers engaging in collective activity to better their workplace. As with any change in working conditions, we are always able to engage in collective action to put pressure on management to accept our demands. YOU are the Union and our executive board is prepared to support our fellow workers who want to get creative.
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