Article 25
Alternative Work Schedule

Pursuant to the Federal Employees Flexible and Compressed Work Schedules Act of 1982, Public Law 97-221, the following alternative work schedules are available to bargaining unit employees under the provisions cited.

Section 25.01

A. The 5-4/9 and 4/10 alternative work schedule will be used only when consistent with Federal, State and local laws and all government-wide rules and regulations.

B. All provisions of this Article shall be administered by the parties consistent with the provisions of P.L. 97-221 and all other applicable laws, rules, and regulations.

C. The availability of the 5-4/9 and 4/10 alternative work schedule will be consistent with the work requirements of the Employer. Such workload requirements must be identified, specific, and documented. It is a duty tour available to bargaining unit employees who are stationed in the Washington DC area.

D. Prior to embarking on extended temporary duty elsewhere, including travel status, jury duty, court leave or training, the leave approving official and the employee will discuss hours of work during the temporary duty assignment. Based on this discussion, the leave approving official will make a determination whether the employee will remain on 5-4/9, 4/10 or be placed on a 5/8 schedule.

Section 25.02

A. NTEU bargaining unit employees in covered positions will be provided two options of working alternative work schedules: a 5-4/9 alternative work schedule, i.e., four 9 hour work days and one 8 hour work day one week and four 9 hour work days and one regular day off the other week of each pay period, or a 4/10 alternative work schedule, i.e., four 10 hour days each week in the pay period with one day off each week of the pay period. Work days for either work schedule will commence no earlier than 6:30 a.m. and end no later than 6:30 p.m.

B. The Employer will determine which positions are to be covered in either work schedule. Based on considerations such as workload requirements, the Employer may determine that only a particular number of employees may have the same day off. Such workload requirements must be identified, specific, and documented. The Employer may also determine that specific employees are needed on specific weekdays during each pay period. The Employer will attempt to accommodate employee choices of regular days off. A decision not to accommodate an employee's choice of regular day off may be based on the need of the Employer to have specific individual employees present on particular days of the week, or because too many employees have chosen the same regular day off. The Employer will also consider employee needs, and/or employee hardship when deciding whether to accommodate an employee's choice of regular day off.

C. Conflicts, where a workload demand issue arises, will be resolved on the basis of length of Federal service. Such workload requirements must be identified, specific, and documented. Those employees with the most Federal service will be given their first choice. Less senior employees will be given their highest available choice.

D. The Employer may temporarily suspend the operation of the alternative work schedule program in all or any part of the Headquarters bargaining unit when workload emergencies require it. Such workload requirements must be identified, specific, and documented. Individual supervisors may require employees to sign in and sign out in the supervisor's absence.

E. Employer decisions regarding alternative work schedules may be appealed by filing a "Step One" grievance in accordance with Article 11, Section 11.09. If the matter is not resolved at Step One, the matter may be appealed to arbitration, in accordance with the provisions of Article 12. The arbitrator, after hearing the case, will issue a binding bench decision.

F. Prior to arbitration, the Employer agrees to meet with the NTEU for discussion of the AWS decision and the rationale for the decision. If the problems cannot be resolved before the arbitration hearing, the Employer agrees to provide its written rationale for the decision to the NTEU.

G. Employees occasionally may be ordered to report for duty on their regularly scheduled days off, when the leave approving official provides such workload requirements in writing. In accordance with Article 24, employees may elect to be compensated at appropriate overtime rates of pay for actual hours worked or by the accrual and use of equivalent amounts of compensatory time off.

Employees may temporarily switch their regularly scheduled day off if their leave approving official agrees.

H. Participation in the AWS program is predicated on an employee's performance being, at a minimum, rated at a "level two".

Employees may, at the discretion of their leave approving official, be removed from the AWS program if there is a documented attendance problem. Such an action will be handled by issuing an "AWS suspension memo", which will be in effect for a specified period of time, not to exceed 6 months. This memo can only be issued if the documented problem persists after the employee has received one written warning, pursuant to Article 27, Section 27.03E.

I. Employees not participating in the program will still be required to work 8 hours a day and 5 days a week.

J. No employee will be forced to participate in an AWS program. If an employee declines to do so, he or she will continue to work his or her existing tour of duty.

K. Employees participating in the program may request changes in their permanent schedules no more than once per quarter.

Section 25.03

Before initiating formal action the parties agree to meet and discuss all problems or concerns arising from this Article.

Section 25.04 - Evaluation

The Employer shall periodically assess the impact of the alternate work schedule on such factors as:

A. productivity of the Headquarters;

B. the level of services furnished to the customer, and

C. the cost of Headquarters operations.

The Employer may modify attendance and leave accounting procedures when assessment results indicate that the procedures in this Article do not assure record keeping practices which conform to law, regulation, and General Accounting Office guidance and requirements. Modification or changes, including exclusion from AWS participation of positions, employees or work units will be consistent with Section 25.02.B of this Article. Consistent with the Federal Employees Flexible and Compressed Work Schedules Act of 1982, the Employer shall make determinations concerning modification or continuation of alternate work scheduling within DOE Headquarters.