Article 47
Flexiplace

Section 47.01

A. Flexiplace is a work arrangement that permits an employee to work at home or at another approved work site away from his or her traditional work site. The parties are committed to maximizing the use of flexiplace so that employees have maximum flexibility without adversely affecting the agency's mission.

B. Participants may be permitted to work at flexiplace work sites full days or a portion of a day. There is no limit to how the work schedule may be configured so long as the scheduling is neither disruptive to the work that remains in the office nor causes an unreasonable burden on those who choose not to work flexiplace.

C. The parties recognize that the benefits of flexiplace include:

improving the quality of worklife and job performance and increasing productivity;

improving morale and reducing stress by giving employees more options to balance work and family demands;

decreasing traffic and parking congestion, energy consumption, and air pollution;

providing services when the regular office is closed;

extending employment opportunities to employees with disabilities, including employees who have partially recovered from work-related injuries who can do the job from an off-site location;

potentially enhancing recruitment and promoting diversity by expanding the geographic recruitment pool.

D. Unless specifically changed by the terms of this article, all other terms and conditions of employment as outlined elsewhere will remain the same for employees participating in the Flexiplace program.

E. The parties recognize that in order for the Flexiplace program to be successful, supervisors will manage employees by results, e.g., evaluate employee success by their output, rather than process.

Section 47.02

A. Employee participation is voluntary and subject to management approval. When considering an employee's request to work flexiplace, the supervisor should consider restructuring the employee's work to accommodate the request.

B. To be considered for a flexiplace arrangement or to continue to work on a flexiplace arrangement, an employee must meet the following criteria:

1. The employee has been with the agency for one year.

2. The employee has been in the first tier organization for more than six months.

3. The employee's performance has not dropped below a Level 2.

4. The employee has not received any disciplinary/adverse action in the last six months that would impact the integrity of the Flexiplace Program.

5. The employee has suitable work to do on flexiplace. Work suitable for flexiplace depends on job content rather than job title, type of appointment, or work schedule. For example, telecommuting is feasible for work that requires thinking and writing  data analysis, reviewing grants or cases, writing decisions or reports; telephone intensive tasks  setting up a conference, obtaining information, following up on participants in a study; and for computer-oriented tasks  programming, data entry, and word processing. Work may not be suitable for Flexiplace if the employee needs to have:

extensive face-to-face contact with supervisors, other employees, clients or the general public;

access to material which is routinely required to accomplish assignments and cannot be removed from the official duty station;

special facilities or equipment that are not available off-site.

C. Employees may participate in flexiplace for medical reasons, or to care for a family member, as that term is defined in the glossary of this agreement. In addition to meeting the above conditions, the Employer may require that medical documentation be provided in accordance with the procedures specified in Article 27, Section 27.03.D.

Section 47.03

A. An employee requesting a flexiplace arrangement will develop a plan to submit to his or her supervisor that includes such information as the type of work to be done at the flexiplace site, the days to be worked at the flexiplace site, etc. The employee and the supervisor will work together to make any necessary adjustments to the plan before it is finalized. The employee's plan will be approved if he/she has sufficient work to do at the alternate site, and it does not conflict with a mission necessity or training.

B. The Employer will approve or deny the employee's request within 5 days of submission. Once approved, the employee and the supervisor will enter into a Flexiplace Work Agreement that incorporates the employee's work plan.

C. Any time an employee believes he or she needs to permanently or temporarily return to work in the office, the employee will normally provide management with thirty (30)calendar days notice of the needed change, except in emergency situations.

D. Employer decisions regarding Flexiplace 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 bench decision.

Section 47.04

A. Flexiplace home work sites require adequate work space (a room or a portion of a room which is adequate for the performance of official duties), light, basic residential telephone service, power, adequate environmental conditions, smoke alarms, and adequate security. The Employer will not pay for any of these requirements.

B. The employee will be available at the assigned alternate site unless on pre-approved leave or lunch, or if he/she has given the manager prior notice and has received permission to modify the work day. The supervisor and the employee will work out appropriate protocols to ensure employee availability. For purposes of timekeeping, employees participating in the flexiplace program will provide appropriate information necessary to accurately document their time and hours worked.

C. The Employer is not responsible for paying any extra costs the employee may incur for working at home, e.g., adding an additional telephone line.

D. Employees will comply with all required security measures and disclosure provisions so that at no time are security or Privacy Act requirements compromised.

E. Employees will comply with applicable government regulations governing information management and electronic security procedures for safeguarding data and data bases.

F. To ensure that Information Systems and sensitive information procedures are in place at the alternate work sites, the Employer may inspect the employee's work site with twenty-four (24) hours notice to the employee. The notice will include the date and approximate time of arrival, the number of management officials coming to the site, the estimated duration of the inspection and other appropriate information. The employee may arrange for an NTEU representative to accompany the manager to the inspection.

G. Employees must notify their supervisor of any accident or injury which occurs at the alternate work place during the course of the scheduled work period and complete the necessary paperwork.

Section 47.05

A. The equipment necessary to work at the alternate site must be available. To the extent feasible, the first tier organization will provide the employee equipment from available surplus, including equipment which can be made available from the surplus of other first tiers, although it is not under any obligation to purchase equipment for this purpose or to deny it to others who may need it. Should the first tier be unable to provide the equipment from its available supply, the employee will have to provide it through his/her own means. The Department of Energy retains ownership and control of any and all hardware, software, telecommunications equipment and data placed in the alternative work site by the government. This equipment is to be used for official business only.

B. Employees will protect all government records and data against unauthorized disclosure, access, mutilation, obliteration, or other unauthorized use.