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DEPARTMENT OF HEALTH AND HUMAN SERVICES NATIONAL INSTITUTES OF HEALTH NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES RESEARCH TRIANGLE PARK, NORTH CAROLINA and LOCAL 2923, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

United States of America BEFORE THE FEDERAL SERVICE IMPASSES PANEL In the Matter of DEPARTMENT OF HEALTH AND HUMAN SERVICES NATIONAL INSTITUTES OF HEALTH NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES RESEARCH TRIANGLE PARK, NORTH CAROLINA and LOCAL 2923, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Case No. 08 FSIP 108 DECISION AND ORDER Local 2923, American Federation of Government Employees (AFGE), AFL-CIO (Union) filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under the Federal Service Labor-Management Relations Statute (Statute), 5 U.S.C. § 7119, between it and the Department of Health and Human Services, National Institutes of Health (NIH), National Institute of Environmental Health Sciences, Research Triangle Park, North Carolina (Employer or NIEHS). After investigating the request for assistance, which involves negotiations over the relocation of approximately 80 bargaining-unit employees to a newly-renovated building,1/ the 1/ According to information provided by the Employer during the investigation of the Union’s request for assistance, employees are moving from Building 4401 and Nottingham Hall to the Keystone Building. The Employer has begun the relocation in accordance with the following timetable: (1) equipment was moved into the Keystone Building on November 3, 2008; (2) occupants began moving into the Keystone Building on November 17, 2008; (3) occupant moves into the 2 Panel determined that the dispute should be resolved through an informal conference with Panel Member Barbara Bruin.2/ The parties were advised that if no settlement were reached during the informal conference, Member Bruin would notify the Panel of the status of the dispute, including the final offers of the parties and her recommendations for resolving the issues. After considering this information, the Panel would take whatever action it deemed appropriate, which could include the issuance of a binding decision. In accordance with the Panel’s procedural determination, Member Bruin met with the parties on November 19 and 20, 2008, at Nottingham Hall. A site inspection of the Keystone Building was conducted with the parties prior to the start of the conference. During the course of the meeting, the parties were able to resolve some of the issues, but a complete settlement was not reached. The parties submitted their final offers on the remaining issues at the conclusion of the informal conference and supporting statements of position shortly thereafter. The Panel has now considered the entire record. BACKGROUND The Employer’s mission is to conduct, foster, and coordinate research and research training on the biological effects of chemical, physical, and biological substances in the environment to improve human health conditions. The Union represents 157 employees in such jobs as biologist, program analyst, and in support staff positions, GS-4 through -14. The parties’ current collective-bargaining agreement (CBA) was unilaterally imposed by the Employer on March 18, 2008.3/ Keystone Building are scheduled to be completed by December 22, 2008; and (4) from December 22, 2008, through January 31, 2009, all other steps necessary to vacate Building 4401 and Nottingham Hall will be undertaken. 2/ The Union also requested “when the Panel assumes jurisdiction of the impasse . . . that the Panel order a stay on any changes until all FSIP proceedings are complete.” On November 6, 2008, the Panel fully considered the Union’s request for a stay. The request for a stay was denied. The Union has filed an unfair labor practice (ULP) charge against the Employer concerning the unilateral 3/ 3 ISSUES AT IMPASSE The parties disagree, among other things, over: (1) prefatory wording in the parties’ Memorandum of Agreement (MOA) regarding the relocation; (2) the size of bargaining-unit employees’ offices and whether they should be enclosed by hard walls; (3) office selection criteria and process; (4) whether the MOA should establish procedures for the selection of offices by new employees, multiple person moves (in case of reorganizations and restructuring), and the retention of offices; (5) the seating capacity of the break rooms and whether the Employer should provide eating utensils and clean the refrigerators; (6) whether unit employees should be entitled to the replacement of up to two lost or stolen fitness center access cards at no cost; (7) whether unit employees who want to occupy offices of less than 100 square feet despite any telework status should be required to sign a waiver to that effect; (8) whether the Union’s proposed telework policy should be implemented for unit employees who cannot be granted offices of at least 100 square feet; (9) whether the Union should be permitted to use the interoffice mail system for regular representation communications; (10) whether the Employer should provide the Union with an explicit reason for not implementing recommendations by qualified professionals with respect to handicap accessibility; (11) whether there should be a Facilities Improvement Committee; (12) after-hours access to the building by unit employees and the Union; and (13) Union site visits. POSITIONS OF THE PARTIES 1. The Union=s Position On the key issues separating the parties, the Union proposes that: (1) the MOA include prefatory wording recognizing “the importance of office space and office environment as related to work performance, work productivity, and morale,” and requiring the Employer not to implement the relocation during bargaining, impasse proceedings, or “pending the decision of a negotiability appeal unless a compelling need exists”; (2) all bargaining-unit employees be placed in offices of 100 square feet or more unless the employee agrees to a waiver or is implementation of the successor CBA which is currently pending before the FLRA’s San Francisco Regional Office. 4 granted “telework status,” and that their offices be enclosed by hard walls; (3) the Employer be permitted to group employees on the basis of functionality if “it is persuasively shown that the employee must be in close proximity of others”; (4) other vacant office space “throughout the NIEHS space or leased space will be considered and used as appropriate”; (5) unit employees be given priority in the allocation of work space adjacent to windows; (6) office selections within organizational groupings be based on grade and Federal service computation date, and that unit employees be given an opportunity to select offices first; (7) multiple moves resulting from an office cascade be negotiated by the parties on a case-by-case basis; (8) the MOA establish specific procedures for the selection of offices by new employees, multiple person moves (in case of reorganizations and restructuring), and the retention of offices; (9) the seating capacity of the break rooms not be less than 25 percent of the employees on that floor; (10) the Employer provide eating utensils and clean the refrigerators; (11) unit employees be entitled to the replacement of up to two lost or stolen fitness center access cards at no cost; (12) unit employees who want to occupy offices of less than 100 square feet despite any telework status be required to sign a waiver to that effect; (13) the Union’s proposed telework policy be implemented for unit employees who cannot be granted offices of at least 100 square feet; (14) the Union be permitted to use the interoffice mail system for regular representation communications; (15) the Employer provide the Union with an explicit reason for not implementing any recommendation by a qualified professional with respect to handicap accessibility; (16) a Facilities Improvement Committee be created, “including members in equivalent percentage to the number of unit employees in the Keystone Building, one of whom is a Union representative, to recommend improvements to the physical environment”; (17) unit employees/Union representatives be granted 24/7 access to the Keystone Building and their workstations/the Union office, except in emergency situations; (18) the Employer provide the Union with each work product or report resulting from the use of information collected regarding access to the Keystone Building card-key system and to provide notice of any changes in the type of information collected; and (19) the Union be given a site visit prior to the construction of the new office environment and at least 14 calendar days prior to move-in, and that any 5 issues of parties.4/ concern be addressed as soon as possible by the Its proposed prefatory wording merely confirms statements made by the Employer during bargaining that office environment and space is important for productivity, morale, and work performance. The proposal also preserves the Union’s statutory rights and is negotiable. A minimum office size of 100 square feet per unit employee is still 30 square feet or less (on average) than what they had prior to the relocation. Offices larger than the 80 square feet proposed by the Employer for administrative and technical staff could prevent “tripping hazards” from files and other work-related items that might gather on the floor for lack of space. Requiring that all unit employees have enclosed offices with walls simply continues the practice that existed prior to the relocation, and many of these employees need privacy because of the kind of work they perform. While the Union’s final offer permits the Employer to cluster employees in the same office or group in fairly close proximity, functional grouping should not be the dispositive factor when it comes to where individual employees are located. In this regard, employees performing the same function have been operating effectively in separate buildings for years, and during bargaining management never claimed that functionality was an issue. The use of other vacant office space throughout NIEHS would relieve employees from the “space constraints” of the Keystone Building. Morale would be enhanced by giving employees a say in office configurations that already have been approved by management. Moreover, requiring supervisors to provide reasons for denials in writing avoids the conflict that can arise when employees must request such reasons, as well as subsequent reprisal and discrimination. Optimizing unit employees’ exposure to natural sunlight would increase morale, productivity and efficiency. The Union’s final offer would establish a fair, senioritybased office selection procedure that has been used throughout the Federal government in similar circumstances. In addition, granting employees a measure of control over the offices they will occupy would enhance productivity and morale. Its proposals governing a variety of other office-selection scenarios, e.g., employees in the process of coming on board, 4/ The complete text of the Union’s proposed MOA is attached to this Decision and Order. 6 multiple moves resulting from an office “cascade,” future employees, and multiple-person moves during reorganizations and restructuring, would establish clear written procedures for the parties to follow in dealing with such situations, replacing the “disjointed and piecemeal fashion” in which the parties now operate. The same is true regarding its office retention proposal, which would allow employees to keep their offices except under certain specified circumstances, and establish procedures permitting and/or requiring the Employer to negotiate with the Union. Ensuring that seating capacity of break rooms will not be less than 25 percent of the employees on their floor “seems reasonable” given that there is no cafeteria or restaurant within walking distance of the new building. It also would prevent employees from being forced to eat their lunch in their offices. Unit employees would benefit from having eating utensils provided by the Employer and having management ensure that refrigerators are cleaned on a routine basis. With respect to onsite fitness space and amenities, the Union’s proposals would provide “some security” that, if slots are limited, 25 percent will go to unit employees, and ensure that they are not charged $10 to replace lost or stolen fitness access cards. Unit employees should be permitted voluntarily to waive their right to offices of at least 100 square feet, even if they do not avail themselves of the Union’s proposed telework option, as this “would provide the employee with some control over these issues and at the same time protects both the Agency and the Union from future litigation issues.” The adoption of its telework proposal would ameliorate the adverse affect on employees of the Employer’s decision to place them in small, cramped offices and cubicles by permitting them to perform their duties at an alternative work site. This would increase morale and productivity, reduce pollution, and improve health, retention, and recruitment. Contrary to the Employer’s contention, the parties have never negotiated a telework arrangement, and management improperly implemented its current telework policy. The Union’s proposal that it be permitted to use the Agency’s interoffice mail system should be adopted because it would reduce the burden on the Union of having to drive to the main campus to deliver hard copies of representational communications to management and unit employees. It also would relieve “both parties of the official time issues entailed in such delivery.” The Employer already permits all other NIEHS employees to use the interoffice mail system on a regular basis. 7 On the issue of handicap accessibility, its proposal is consistent with the Employer’s statement during bargaining that the only reasons it would not implement a recommendation from a qualified professional regarding accessibility issues would be for budgetary or other overriding reasons. A Facilities Improvement Committee would allow employees a voice in problems or issues that need to be addressed and provide a mechanism for improving the Keystone Building. Moreover, the Employer would not be required to act on any of the recommendations of the committee. The Union’s proposals regarding after-hours access to the Keystone Building would continue the status quo. Union access to copies of work products, reports, or other documents resulting from the use of information collected regarding access to the Keystone Building card-key system would permit the Union to defend employees against adverse actions for failure to comply with work rules. Contrary to the Employer’s contention that its proposals on after-hours access and access to reports violate management’s right to determine internal security practices, substantively identical proposals have previously been found negotiable by the FLRA.5/ Finally, its proposal on site visits addresses the Employer’s failure to provide the Union a walkthrough of the Keystone Building throughout negotiations. 2. The Employer=s Position In essence, the Employer proposes that: (1) the MOA contain the following prefatory wording: “The parties agree to engage in I&I bargaining as required by law for bargaining-unit employees moving to the Keystone Building”; (2) senior staff (GS-13 through -15) be provided 135 square foot enclosed offices, and administrative and technical staff (GS-1 through -12) be provided 80 square foot workstations; (3) bargaining-unit employee work areas be assigned based on the criteria provided above; (4) employees be grouped together by function and that management select offices for employees within their official organizational units based on function; (5) sufficient lighting be available in workstations and offices, and that lighting be 5/ In support of its position, the Union cites the FLRA’s decisions in AFGE, Local 2782 and U.S. Department of Commerce, Bureau of the Census, Washington, D.C., 49 FLRA 470 (1994) and Patent and Trademark Association and U.S. Department of Commerce, Patent and Trademark Office, 41 FLRA 795 (1991). 8 adjusted to the extent possible upon request; (6) all offices be assigned at the same time on the basis of function and grade levels; (7) regarding all future office vacancies and/or office moves, the Employer notify the Union and satisfy any bargaining obligation required by law; (8) employees be permitted to keep offices allocated to them unless there is a reorganization of their organizational unit that necessitates relocation or the Employer determines there is a need based on health, security, or mission of the Agency; (9) the seating capacity of the break rooms not be less than 25 percent of the bargaining-unit employees located in the Keystone Building; (10) employees bring their own eating utensils and clean the refrigerators themselves if they use them; (11) bargaining-unit employees be charged in the same manner as other Keystone occupants for lost or stolen fitness center access cards; (12) employees not be required to sign waivers regarding office assignments; (13) any suggestions or proposals not implemented by management concerning handicap accessibility be considered once budget or overriding reason permits; (14) a Facilities Improvement Committee not be established; and (15) the Union be given a site visit 7 calendar days prior to the relocation of unit employees and any issues of concern be evaluated for resolution by the Agency as soon as possible thereafter. In addition, the Employer has no counter offers on a number of issues addressed in the Union’s final offer, including the use of other vacant office space throughout NIEHS, the Union’s use of the interoffice mail system, its proposal that unit employees be permitted voluntarily to waive any right to offices of at least 100 square feet, even if they do not avail themselves of the Union’s proposed telework option, and telework. In this regard, management only has an obligation to bargain over the impact and implementation of its decision to relocate affected bargaining-unit employees to the Keystone Building, and these matters do not fall within the scope of that obligation. It also has no counter offer to the Union’s building access proposal because it interferes with management’s right to determine its internal security practices under section 7106(a)(1) of the Statute. The Employer’s proposed prefatory wording should be adopted because it accurately describes the bargaining in which the parties have been engaged. On the issue of office space, while it is true that a number of employees will have less space as a result of relocating to the Keystone Building, the amounts are greater than those currently authorized by NIH. Moreover, the 9 Union’s allegation that the building is too small to accommodate all employees “is without merit and is purely speculative.” To address the Union’s privacy concerns, management “has made concessions” for bargaining-unit employees who have been identified by their supervisors as needing offices to maintain confidentiality. In addition, employees in cubicles performing like functions will be located in suites together, further ensuring confidentiality. The Employer’s proposal also addresses the Union’s interest in ensuring that sufficient amounts of natural lighting are available to unit employees. Under its approach, “management will provide layout options and [unit employees] will be able to choose from those options.” More importantly, management will select offices for employees on the basis of function, “which is also the existing status quo.” Adoption of the Union’s approach, on the other hand, would undermine one of the chief reasons for the relocation to the Keystone Building, i.e., the consolidation of offices and co-location of employees in the same office group to maximize the efficiency of work flow and supervision. With respect to the Union’s proposals concerning office selection for new employees, and for future office vacancies and/or office moves, the Employer prefers that such matters be addressed through negotiations with the Union when such scenarios arise, to the extent required by law. The Employer’s proposal regarding the circumstances under which employees should be permitted to retain their offices provides management with greater flexibility than under the Union’s proposal. As in the case of future office vacancies and office moves, if the Employer determines to reassign work spaces, it will notify the Union when necessary to fulfill any bargaining obligations. The Employer’s proposal to ensure that the seating capacity of break rooms will not be less than 25 percent of bargainingunit employees located in the Keystone Building would provide adequate space for them to eat during the lunch period. Management informed the Union during the informal conference that it “cannot supply eating utensils due to budgetary constraints.” Its proposal on the cleaning of refrigerators merely maintains the status quo whereby “employees currently take it upon themselves to clean the refrigerators located in the break rooms,” and is consistent with practices at other Federal agencies. As to the section dealing with onsite fitness space and amenities, the parties’ proposals are similar except for the Union’s insistence that unit employees be entitled to the replacement of up to two lost or stolen fitness center 10 access cards at no cost. The Employer proposes that unit employees be treated in the same manner as other Keystone Building employees because the Union’s proposal is unfair to non-unit employees. The Employer opposes having to provide the Union with explicit reasons for not implementing recommendations from a qualified professional regarding accessibility issues. Instead, it proposes to evaluate suggestions and satisfy any bargaining obligations required under law. Management also opposes the formation of a Facilities Improvement Committee, but would “notify the Union as required by law if such a committee is formed.” In addition to its argument that the Union’s proposals on after-hours access to the Keystone Building interfere with its right to determine internal security, the Employer “has made no changes in any policies nor generated any work rules governing employee access to Keystone or any other NIEHS building.” Nor will there be any “work products, reports, or other documents generated from card key systems at the Keystone Building.” In any event, the Union already has a statutory right to request information related to the access system if it can “articulate a specific particularized need,” and “it may not force the Agency to bargain over an entitlement to data to circumvent the statutory provisions governing information requests.” Finally, the Union already has been given two site visits. The Employer has evaluated the concerns raised by the Union, in accordance with its counterproposal, and implemented one of the suggestions regarding signage for carpool parking. CONCLUSIONS Having carefully considered the arguments and evidence presented by the parties, we shall order the adoption of the Employer’s final offer on most of the issues in dispute concerning the relocation of unit employees to the Keystone Building. The exceptions involve: (1) the parties’ proposals for (a) the Preface, which are unnecessary, and (b) Union site visits, which are moot; and (2) the remaining issue in the section on handicap accessibility, where we shall order the adoption of the Union’s proposal. On the most significant issues, i.e., the size and structure of unit employees offices, and office selection criteria and procedures, the Union has not demonstrated that the adverse affect of the relocation on unit employees outweighs the Employer’s interest in grouping employees functionally in office areas that are sufficient in size to accomplish its mission. Nor are we persuaded that the 11 adverse affect justifies the creation of a second NIEHS telework program that would apply only to unit employees at the Keystone Building. Among the other issues in dispute, we note that the adoption of the Union’s proposed procedures concerning office selection for new employees, and for future office vacancies and/or office moves, would not provide finality for either side when such circumstances occur. Therefore, the Employer’s approach of negotiating with the Union only when the need arises is preferable. Finally, as both parties acknowledge and the Employer’s “NIEHS Keystone Occupant Guide” of November 2008 confirms, management’s practices concerning after-hours access to the Keystone Building are not changing. Accordingly, the Union proposals on the matter appear to be unnecessary. ORDER Pursuant to the authority vested in it by the Federal Service Labor-Management Relations Statute, 5 U.S.C. ' 7119, and because of the failure of the parties to resolve their dispute during the course of proceedings instituted under the Panel=s regulations, 5 C.F.R. ' 2471.6(a)(2), the Federal Service Impasses Panel, under 5 C.F.R. ' 2471.11(a) of its regulations, hereby orders the following: 1. Preface The parties shall withdraw their proposals. 2. Article I. Office and Other Space Section 1. Office Determination; Section 2. Selection Criteria and Process; Section 3. Procedures for Multiple Person Moves (Reorganizations and Restructuring); Section 4. Retention; Section 6. Break Rooms; and Section 7. Onsite Fitness Space and Amenities The parties shall adopt the Employer’s proposals. Section 9. Waivers The Union shall withdraw its proposal. 3. Article II. Telework The Union shall withdraw its proposals. 12 4. Article III. Section 2. Union Office Interoffice Mail System The Union shall withdraw its proposal. 5. Article IV. Section 1. Other Issues of Importance Handicap Accessibility - C. The parties shall adopt the Union’s proposal. Section 5. Facilities Improvement Committee The Union shall withdraw its proposal. Section 8. Building Access - A., B., and C. The Union shall withdraw its proposals. Section 9. Site Visits - A., B., and C. The parties shall withdraw their proposals. By direction of the Panel. H. Joseph Schimansky Executive Director December 22, 2008 Washington, D.C. Union's Final Offers Case No. 08 FSIP 108 AFGE Local 2923 Memorandumof Agreement I Between NIEHS I And ! AFGE Local 2923 Regarding Relocationof Bargaining Unit Employees Preface: The parties recognize the importance of office spaceand office environment as related to work performance, work productivity, and morale. Consequently,the proposed change(s)shall not be implemented during bargaining, during impasseif a party has invoked impasseresolution procedures,or pending the decision of a negotiability appeal unless a compelling need exists. Article I. Office and OtherSQace Section 1 1:1 IJI Office Detennination A. All bargainingunit employees be placedin officesof lOOsquarefeet or more will 'unless employee the agrees a waiveror the employee grantedteleworkstatus. See to is Article II: Telework. B. To the maximumextent possible,whenever bargainingunit employees moved are from oneoffice to another theywill be giventhe sameor betterin termsof space, furniture,numberof walls, deskspace, windows.[agreed] and C. Offices for bargainingunit employees be enclosed hardwalls (not will by cubicles). D. Employees in the sameoffice or group may be clustered in fairly close proximity. This will not be a determining factor for where the employee relocation or moves unless it is persuasively shown that the employee must be in close proximity of others in the same group due to functionality issues. Any determinations of this nature will be provided in writing in specific detail to the Union. E. Othervacant office spacethrOUgho~t NIEHS space leased the or space will be considered usedasappropriate. and G. Employees be pennittedto choose will office layoutwhenever thereis a choiceper management approval. Any denialsor refusalsby management be providedwith will specificityin writing to the employee. H. To further the goal "to assurea quality working environment," the following measureswill be followed: t . Union 11/20/08 1 AFGE Local 2923 1. To the extent possible, windowswill notbe blockedby privateoffices. [agreed] 2. Conference r~ms, copyrooms,file rooms,andothersimilar space will be locatedonthe innercor~of the building to the extentpossible. [agreed] 3. Bargaining qnit employeeswill be given priority in allocating work space adjacentto Windows. ~ I 4. All meeting f'pacesor conferencerooms will be equally accessibleto all employees.Uagreed] I 5. Li~ting, indoor air, and/or ventilation surveysor assessments Keystone in offices will1;Jeconducted upon request, and the appropriateremedies will be implementerethan one remains vacant. 4. PhY$ical moveswithin unitsof existing,newlyhired, or reassigned employees not occuruntil the Union andManagement Will have agreedon their placement, ~less an operationalexigency existswhich management submit will to the Uniop in writing. In suchexigency cases Union and management the will bargainpostimplementation. Section 3 ProcedUjres multiple personmoves (reorganizationsand restructuring) for The following prQC/:edures be used when more than one employee or organizational shall unit(s) are involved in a physical move. Union 1/20/08 3 AFGE Local 2923 A. When a mov is proposed, affecting one or more bargaining unit employees, the Union will be notifi in writing at least 15 businessdaysbefore the expected date of the move. ! 1 B. Suchnotificationwill identify the employees be movedandthe estimated to date of the move. The Union maycall for furtherinformation be provided,clarified, or to specified. Until the informationis providedthe movemaybe delayed.The notification will alsoincludea proposed floor plan, or layoutindicatingbargainingunit and non-unit offices. C. The Employer and the Union will jointly detennine the location of bargaining unit employees with special office needsdue to medical reasons. j D. The Employer and the Union will jointly determinethe location of bargaining unit employees that are m anyjobs or positions whereby placementin proximity to their supervisor or staff they support is paramount. E. All otherbargaining unit employees the organizational in unitswill selectamongthe bargainingunit officesusingthe selection process specified Section in 2. F. Physical moves and allocation of office spacewill not occur Utltil the Union and Managementhave reached agreementon the placementplan. r Section4 Retention A. Once an office is allocated to an employee they will be permitted to keep that I office unless: 1 There is a r~lignment or reorganization of their organizational unit (reorganiza1Jion/realignment defined as: the imposition or creation of a new organization; extensive alteration of the structure,often involving drastic changes). 2. The Agency determines that there is a substantial or emergencyissue that would adversely impact health, security, or the mission ofth~ Agency. The Agency would provide in writing the specific reason(s)to the Union of any such determinatipil. The Union would be given the option of negotiating any implementation or post-implementation issuesas appropriate. B. If there is 31 major restructuring of functions within an existing organizational unit, such as those resulting from A- 76, business consolidation, etc, the Employer and the Union will negotiate any moves of bargaining unit employeesfrom offices they have beenoccupying. Union 11/20/08 4 AFGE Local 2923 C. No employee be displaced accommodate will to newlyhired employees, or employees who arepromoted,reassigned, detailed,or affectedby anypersonnelaction that mayhavea bearingon this matter. D. Retention rights do not apply to employeeswho sign waivers (see Section 6, Waivers). I Section5 Furniture~d Equipment A. All typesof office furniture(e.g.bookcases, filing cabinets, computer tables, chairs,etc)will be movedby a contractor.!fan Employee wishesto move their own personal belongings they mayor the contractor movethosebelongings.[agreed] will B. The movem~t of non-portable items may be allowed in special circumstances, suchas for ergonomic or health reasons. If managementfeels that a requestis unreasonabl~,the employee may be askedto provide medical documentation, which would entail a signed statementfrom a licensed physician, in order for their requestto move forward. Managementwill provide any refusals, with specificity, in writing to the employee. [agreed] I c. The AgencYI will pennit, to the extent possible, the use of current furniture or equipmentby use of Employees in the new location. Exceptions to this are when furniture or equipment are in poor condition and need replacement. In such situations betterequipment furniturewill be provided.[agreed] or D. Employees will be given adequatetime during their regular work hours to pack their belongings that will be moved to the new location by a moving vendor. [agreed] Section BreakRooms 6 A. The employer agrees provideto eachfloor in theKeystone to Building: 1. Adequate space for all employees during lunch period to store their lunches, prepare them, eat them and clean up afterwards. This includes space for the items listed in #2 below. The seating capacity of break rooms will be not less than 25% of the employees on that floor. Items: a. lwo refrigerators largeenough hold lunchand otherspoilableitems to for staff. [agreed] b. Two microwave ovens of sufficient size and sufficient space to provide cooking capability for all those assignedto the same lunch. [agreed] Union 11/20108 5 2. AFGE Local 2923 c. Utensilsso that all assigned the same to lunchcan eatin the breakroom (plates, cups,glasses, bowls,knives,forks,spoons) similar items. and e. Coffeemaker dispensing or machine. [agreed] f. Sink with hot/cold running water and/or dishwasherlarge enough to clean up after lunches in the break room. Dish soapwill be provided free of charge through the self-service store which is the cunent practice. [ agreed] ! g. Filtereddrinking waterwill be available employees to without purchase. [agreed] i. The Agency will provide a vending machine or freezer that will have a selectionof packaged healthy items suchas yogurt and juices. Fresh fruit will also be available. [agreed] j. Electric drip coffee maker. [agreed] k. Tables and chairs for at least 25% of people on that floor. 1.The agency will provideoneice machine breakroom. The ice will per be producedfrom filtered water.[agreed] m. A toasteroven. [agreed] n. The refrigerators will be cleaned a routinebasis. Unlessconsidered on a qualifiedvolunteer,bargainingunit employees be considered will last for this duty. Section7. OnsiteFitnessSpace Amenities and A. The agencywill provide fitness spaceor access the fitness center at the 630 to Davis Road Building. B. A shower fltcility and lockers will be provided. C. BUE's will be given at least25%of any slotsavailable(if slots are limited) for this exercise centerat 630 Davis Drive. D. BUE's will notbe chargedfor lost or stolenaccess cards(up to 2 cards)to the exercise centerat 630 Davis Drive. After two cardsBUE's will be chargedas otheremployees lost or stolenaccess for cardsto the exercise center. E. .As per pastpractice, employees may use available space and/or equipment at the I 530 "Keystone" building for fitness activities. i Union 11/20/08 6 AFGE Local 2923 Eachfloor will have at leastone restroomfor eachsexthatis fully handicap accessible. [agreed] G. At leastonebicycle rackwill be providedto accommodate bicycles. The rack 8 will be eithersecured heavyenoughthat it cannot removed.The rackwill or be be placedappropriately ease useandaccessibility.[agreed] for of Section Office Equipment Environment 8. and A Existingergonomic equipment,suchas deskchairs,computer keyboards trays, telephone/accessories, be relocateduponrequest the employee. will by [agreed] B. The indoor temperature in the office shall not fall below 65 degreesand in hot weather, adequateventilation and air conditioning will be provided. [agreed] C. Terminalsshall not be arranged asto directtheprimary heatexhausts, so without 'interveningductswalls or insulation,within four (4) feetof the placewhere anyperson is stationedfor periodsof time. [agreed] Section Waivers 9 A. Closed Window Offices of Less Than 100 Square Feet Waiver Anytime there are offices within NIEHS that are desirable,despite the fact that they are less than 100 squarefeet, no bargaining unit employee shall be required to move into an office that is less than 100 square feet unless given telework statusdesignated in Article ll. Notwithstanding, some bargaining unit employeesmay want to occupy an office of less than 100 sq it despite any telework status. Upon consulting with a union representative,who will seekto establish that this selection is voluntary on the part of the employee, he or she will be required to sign a waiver to that effect. The waiver is for"the mutual benefit of the Employee, the Union, and Management. It is applicable only in the caseof this particular employee and office, and will not establishany precedentthat may be used to seekor justify other office selection processeswithin NIEHS. See Attachment i Article II. Telework Whenever it is 4etennined that there is a overriding mission-related reason that a BUE cannot be granted an office of 100 square feet or more (which will be pr.ovidedin writing to the Union) the following article will apply. Telework is simply a way of getti~g work done from a different location. It can serve multiple purposes-and have multiple benefits -when it is implemented effectively in an organization. Telework gives Union 11/20/08 F. 7 AFGE Local 2923 employees more flexibility in meetingpersonalandprofessional responsibilities; can it offer freedom from office distractions, reduced work/life stress, an alternative and worksite setupthatreduces pollution andenviromnental impact. For purposesof this Agreement, telework refers to an employee'sperforming assigned duties at a location other than the official duty station. Suchan alternative duty station (ADS) can include a government or private telework center, or the employee's home, to name a few. Employees of the Agency may participate in telework to the maximum extent possible without diminished employee performance. All positions will be considered eligible to participate in telework unless the Agency can demonstratethat circumstances directly related to the accomplishment of that work unit's mission prohibit the performance of that position anywhere but the Agency's workplace Section1 Requests A. For those employeeswhere it is determined that no other alternative exists that they must reside in an office under 100 sq ft, if they meet eligibility requirements, they will be given the option of a full-time or nearly full-time (3 or more days per week) teleworkschedule. B. Employees havethe optionto request performwork fro~ home or an will to AlternateDuty Station(ADS) on a regularlyscheduled basis. Employees may also request anytimeto work at an ADS on an irregularbasis(episodic) work on a at to specificassignment(s). C. The nature of the work to be perfonned must be suitable for a work-at-home or alternative work site setting. The work must be portable or can be accessedthrough various electronic means such as VPN, any necessarysecurity requirements must be maintained, and the necessaryequipment and resourcesto accomplish the work must be available. Nonnal workflow requirements are not to be disrupted. Section 2 Eligibility Employees who meet all the following criteria are eligible to participate in Telework. A. The employee volunteered concurred (or with the supervisor's recommendation) to perfonIl work atthe ADS. B. The employee is not on a perfoffilance improvement plan (pIP). C. The employee acknowledged theyhavethe work space utilities athome has that and suitablefor performingwork. D. The employee is willing to sign and abide by the Telework Program Agreement (see Section 4 of this Article for details). j Union 11/20/08 8 AFGE Local 2923 E. The employee not on leaverestriction. is F. The employee's official dutiescanbe perfonned,eitherin whole or in part, at the ADS Withoutimpainnentto the missionof the agency. Section3 Evaluation Work of A. Any employee who is teleworkingwill havetheir work evaluated the samefashion in asan onsiteemployee. B. Employees will communicate and complete work in a telework statusas they would in their onsite duty location. Such work and communication should function in a near seamlessfashion. C. Employees will not be normally or regularly requestedto provide summariesof their work, deliverables, and/or work products to their supervisor or to their supervisory chain of command that would differ from the typical requestsof this nature if the employee was working onsite. Mandating that employeeswho telework must submit frequent, specific, and time-consuming work reports or updates is consideredburdensomeand has a debilitating effect upon the telework program and also interferes with the spirit of telework laws and regulations. Section 4 Approval Employeerequests m~t therequirements the section that of regarding "Eligibility" abovewill be approved.Requests shouldnormallybe submitted the employee's to immediatesupervisor.The supervisor respondto the request will within five (5) workdays. If a request not approved, Employee is the will receivea specificwritten explanation the reasons the disapproval reference of the aboveeligibility of for and one requirements the employee not met. that has Section 5 Employee Rights Employees participating in the telework program continue to enjoy all of the rights of a Federal employee and any rights afforded to employees in the CBA or supplemental agreementsbetweenthe parties. Section 6 Call Backs Employees may be required to T-epot:t- their official duty station for previously to scheduled training, conferences,other meetings, or to perform work on a short term basis that cannot otherwise be performed at the ADS or accomplished via telephone or other reasonablealternative methods. A manager/supervisorhas the right to direct teleworking employees to report to the official duty station when necessaryto meet mission, staffing and workload requirements(e.g., meetings in the office). The employee will be provided as much advancenotice as possible, normally not less than twenty-four (24) hours. In consideration of necessarytime to report various factors will be considered such as Union 11/20108 9 AFGE Local 2923 traffic, commute time, and the work or training to be performed. Employees should specify a reasonablecall back time to their supervisors. I Section 7 Employees may also be required to report to their official duty station for emergencyoperational exigencies to perform agency work which cannototherwise be performed on anotherworkday, at the ADS, via telephone or other reasonablealternative methods. In such cases,employeeswill be provided reasonableadvancenotice and be provided a reasonabletime to report. Employees should make every effort to report as soon as possible. With good and sufficient reason, the employeewill be permitted up to two (2) hours to report. Section 8 Removal The Agency may remove an employee from the Telework Program due to one or more of the following: 1 I A. The employee placedon a leaverestriction.The employee eligible to re-request is is participationuponlifting of the leaverestriction. B. The employee is placed on a PIP. The employee is eligible to re-requestparticipation 60 days after expiration of the PIP. C. The employee's failure to adhere the requirements to specifiedin the Telework Program Agreement. \ h D. The employee has proven to be non~accessiblefor coveragerequirementswhile'working at the ADS1and/or working at the ADS has proven to place an undue burden on other office staff. E. Nonnally, employeeswill not be removed from participation for single or minor infractions of Telework Program requirements. Employeeswill be given the opportunity to be counseled about specific problems before being removed from the Telework Program. There will be a bona fide effort to counsel employeesand work to resolve any problems prior to removal from the Telework Program. F. Whena decisionis madeto removean employeefrom the TeleworkProgram,the employeemustbe given writtennoticeindicatingthe reason(s) removal,usingthe for format in Attachment Unlessotherwisespecified,the employee 4. may reapplyfor TeleworkProgramparticipation calendar 30 days afterremoval from the Program. G. Problems Affecting Work Performance Employees will promptly inform managerswhenever any problems arise which adversely affect their ability to perform work at the ADS. Examples could include situations such as equipment failure, power outages,telecommunications difficulties, etc. Section 9 Pay, Hours of Work and Leave Union 11/20/08 10 AFGE Local 2923 A. Participation the Teleworkprogramhasno effectonEmployees' of pay, in rate differentials or allowances. B. Employees perfonningwork at the ADS are subject thesame to workdayrequirements as they would be if theywereperfonningwork at the official dutystation. Employees perfonning work at theADS continueto be coveredby the provisions regardingovertime in the parties' CBA andapplicable regulations. C. Employees perfonningwork atthe ADS will follow established procedures for requestingandobtainingapproval leave, consistent of with provisions regardingleavein the parties' CBA andapplicable regulations. D. Travel Reimbursement Employees will be reimbursed for official travel as if working at their official duty station. Inr Section10 Emergency Closing/Late Openings/Early Dismissals On a daywhen an employee scheduled work at theADS andher/hisofficial duty is to stationbuilding is closedfor all or part of a day, the following rulesapply: A. Full Day Closing.The employee not requiredto performwork atthe ADS. is However,if the employee voluntarilychooses performanywork at the ADS, sheor he to is not entitledto additional compensation, suchas overtimeor compensatory -time,credit hours,etc.; B. LateOpenings. On a daywhenan employeeis scheduled work at the ADS andhis to or her official duty station building openslate, the employee entitledto the exact is amountof excused absence he or shewould havereceived scheduled work at the that if to official duty station.lm situation, voluntary work provisions A. aboveapply; this the in Section 11 Emergency Situations In the event of a local emergencysituation which adverselyaffects employees' ability to commute to llie workplace (e.g., transit strike, natural disaster),the parties agreeto meet as soon as possible to discusspossible temporary Telework arrangementsfor affected employees. Section 12 Additional Requirements Employees participating in the Telework Program will be required to: A. utilize any government owned/leased equipmentfor official purposes only andwill safeguard government owned/leased equipment documents currentlyrequired at their as official duty station;and B. adhere to applicable governmentregulations governing infonnation managementand electronic security proceduresfor safeguarding data and data bases. Union 11/20108 AFGE Local 2923 Section 13 Equipment Support and A. At a minimum, the Agency will provide the following as available and appropriate for eachteleworker: "II 1. call forwarding with remote accesscapability; 2. governmentissuedtelephone credit cards; 3. accessto 1-800 lines; 4. a computer and monitor (or laptop); 5. necessarysoftware; 6. necessaryergonomic hardware such as keyboard and mouse; 7. a printer; 8. a fax machine. IIIf Section 14 In accordancewith applicable policies and within demonstrablebudgetary constraints, the Agency will make a good faith effort to assistemployeesin obtaining all necessary equipment, supplies,and servicesrequired to participate in the Telework Program. The parties will meetto discuss whether replaced equipmentcan be properly used to support the teleworkers or the telework program. Any refusals or denials by the Employer to provide equipmentwill be specified as to the reasonswhy in writing to the employee. Section 15 The employee will be responsible for operating costs,home maintenance, or any other incidental costs(e.g., utilities) associatedwith the use of the ADS. The Agency will be responsible for the maintenanceand repair of governmentowned equipment (e.g., a government owned computer). The Agency will be responsible for the cost (installation and maintenance)of a dedicatedphone line if required by the Agency to enhance accessibility and/or for the employee to contribute to coverage. The employee does not relinquish any entitlement to reimbursement for appropriately authorized (in advanceif appropriate) expenses incurred while conducting businessfor the Agency as provided for by law and implementing regulations. Section 16 In accordancewith demonstrablebudgetary constraints,the Agency will reimburse telecommuters 1000/0 installation cost for new broadbandaccounts only. The Agency of will also reimburse telecommuters80% of the monthly service fee for their broadband accounts. To receive reimbursement telecommuterswill complete and sign Form 1034 (public Voucher for Purchasesand Services Other than Personal) or other appropriate form. Section17 Any denial ofteleoommutingcostswill be providedin detailand in writing to the telecommuter to theUnion. and Section 18 SatelliteOffices Union 11/20/08 12 AFGE Local 2923 The partiesagree meetone (1) yearafter implementation this Agreement discuss to of to the feasibilityof establishing satelliteoffice locations. Discussions focuson will accessibility GSAsites,employee of interest,and availabilityof Agencyfunding. Prior to establishing satelliteoffice locations, partiesagree negotiate the to consistent with StatutoryMid-TermBargaining. Section19. UnionAccessto Employees A. Within two weeksof the effectivedateof this Agreeme~t, Agencywill providethe the Union anda list of all bargainingunit employees who areenrolledin the Telework TeleworkAgreements), whoserequests participatein the Teleworkprogramwere and to denied,on a monthlybasis. B. The Union will havefull access employees, to who areparticipatingin the Telework programduring thoseemployees' scheduled work hours. C. Union Representatives useofficial time duringtelework. may D. The Union will be pennitted to send all-hands emails to employees that notify them , of events or activities that are open to all NIEHS employees. Also, the Union will be permitted to respond to any all-hands message(s) regarding the Union. Section 20 Staff Coverage The parties will detennine coverage requirementslocally. When it is determined that coverage is an issue, priority considerationwill be given to eligible bargaining unit employees for participation in Telework when both bargaining unit and non-bargaining unit employeesprovide the coverage in question. The parties agree that employees working at an ADS do not necessarilydetract from coverage requirements. The parties also agree that employeesworking at an ADS with E-mail capability contribute to coverage requirements. Section 21 SuspensionofTelework/Adverse hnpact A The Agency reservesthe right to temporarily suspendthe Telework Program for individual employeeswhere operational exigencies require all employees to report to the regular workplace. If this occurs, the Union will be notified immediately for any bargaining obligations. A specific statement'in writing will explain the operational exigency and the need to have employeesonsite. The Union and employeeswill be notified of the expected date for resumption of the Telework Program. Prior to extension of the suspensionbeyond one pay period, the Union will be notified and the Agency agreesto fulfill its obligation in accordancewith 5 U.S.C. 71 and this Agreement. B: Occasionally, an employee may also be required to report to the workplace on a particular day for special activities (e.g., to attend a class, to attend a meeting where personal appearanceis necessary,etc.). If the circumstancesrequiring such a change permit, the Employer will, to the maximum extent possible, provide the employee with at least twenty-four hours written notice explaining the reason(s) for the change. Union 1/20/08 13 AFGE Local 2923 C. Shouldadverse i~pact resultfromthe implementation oftelework(e.g.computer servercapacity,etc.)~ partieswill meetat the level of exclusive the recognition immediatelyto atte~pt to resolve matter. The provisionswithin this Article maybe the adjusted resolvetije adverse to impact. Section22 Hotelling Sharingof an office ~ace by employees who work intermittentteleworkschedules is called "hotelling." I A. In thosecases whereit is absolutely unavoidablethatanemployee mustwork in an office space lessthan 100square and/orin a cubiclespace employee be feet the will giventhe optionof'fhotelling" with another employee a 120sq ft or greater in office. B. Employees will flISt be given the option of volunteering for hotelling and appropriate or eligible employees [above section] will be given this opportunity first. C. Employees will alsobe giventheir optionof who they wishto hotelwith. D. A schedule be created avoidas muchaspossibleoverlapof2 employees will to sharingthe samt office atthe same time. While one person teleworks other may the be teleworkingor maybe in the onsiteoffice andvisa versa. E. Appropriatelemployees appropriate with work will needto be identified for the hotelling option. Management providethe Union with a listing on a quarterlybasis will of the employees who areconsidered appropriate hotelling. Any disagreement for with the listing or personnel contained therein(or not listed)will be broughtto management's attentionby the Union. Management provide a specificwritten explanation the will to Union for anypersonlisted or not listed on the hotel option uponrequest the Union. by Management fully consider list or removeanyperson suggested the Union. will to as by If management di~grees with the Union thenmanagement providea reason the will to Union for their dis.greement. Article III~Unio~ Office Section 1 -Local {jJnionOffice Space A. Management recognizesthe importance and value of the Union's mission and purpose. Accordiqgly, Managementagreesto furnish office spaceto the Union appropriate for c~ng out its representationaland partnership duties in a location easily accessibleto employeesand private citizens. The Agency will provide spacefor files, storage and meeti~gs. The Union Presidentcan continue to conduct Union business at your work site as long as an appropriate request for official time receives approval to do so. J. Union 1/20/08 4 AFGE Local 2923 B. Specifically,the Unionwill beprovidedwith office space, equipment, cabinets, file deskspa~e, telephone, table,chairs,computer, email, andall othercurrent office furnishingsand equipment comparable with what that the Union currentlyhas at NottinghamHall, RTP,NC. [AGREED] C. The Union office will havea lockabledoor with a key (or keys)givenonly to Union rep~entatives or otheremergency employees. The agency providea list to the will Union President designee any/allemployees contractors havea key to the or of or who Union's office space. [AGREED] D. As per the current practice, the agencyagreesto provide the Union, where available, accessto photocopiers, computer/phoneor other such supportpersonnel, scanners, shuttle service, and other customaryand routine services and equipment. The Union will not be charged for suchservicesor use of equipment. [AGREED] E. The agency will provide a computerto the Union, which will be located in the Union office that is equal to or better than the computer currently used by the Union President in his duty office for use by the Union in its official representational capacity. This upgrade is agreedto as a component of the Keystone move and does not bind the Agency to future upgrades. [AGREED] F. The agency will provide the union with a lockable four-drawer file cabinet to be located in the immediate vicinity or directly outside of the Union office. Only the Union will have a key or keys and accessto this file cabinet. Th~ agencywill not open, move, or remove the file cabinet without the expresswritten consentof the Union unless exigencies exist or security dictates. The Union will be notified in writing of the occurrence. [AGREED] Section 2 -Interoffice Mail System The local and its representativesmay use the interoffice mail system for regular representationcommunications (e.g., grievancescorrespondenceor memos to Management). Section 3 -Move [agreed] A. The Union will be given a minimum-of 16 hours of official time to move and/or rearrange Union supplies, equipment,files, etc to the new location as well as unpack at the new location. This time will include but not be limited to any preparationof moving such items. The Union will be given this time irrespective of any other official time and it will not count against any bank or block of official time for representationalpurposes. '"".I' B. The deadlinefor the movingdatewill be 8 working daysafterdeliveryof the moving crates. c. Moving crates will be provided by the agency. Union 11/20/08 15 AFGE Local 2923 D. Contractors movetheUnion's crates,boxes,equipment, will computer, phone,etc and reconnect necessary equipment the new office location. to E. Any otherissues covered this MOU arecovered the "Keystone not by in Occupant Guide." F. The agency will usecontractors packBill Jirles' dutyoffice atNH-279. to Article N OtherIssues ImQortance of Section1. HandicapAccessibility A There will be at least one evaluation or assessment a qualified professional by regarding accessibility prior to the move-in date; This will be done as early as practical. Management will make every effort to incorporate reasonable recommendationsfrom the evaluation for accessibility. Recommendations and/or reports from such assessments will be given to the Union. [agreed] B. Such assessments will be conductedas appropriate with input from the NlEHS DAC and Union. [agreed] f' C. Any suggestions proposals implemented management be considered or not by will oncebudgetor overridingreason pennlts. Management providethe Union with an will explicit reasonfor not implementing recommendation. any D. The Keystone building will confonIl to all required codes.[agreed] E. Evacuation procedureswill be negotiated with the Union as appropriate. [agreed] Section2 (previouslysection Tolls 3). A. Currentlythe TriangleParkway doesnot exist. Whenconstruction complete, is employees will not haveto paytolls from the Keystonecampus the main campus to and vice versa. [agreed] Section 4. First Aid [agreed] Prior to the beginning of the move of any employees, the fIrst aid facilities in the Keystone Building will be fully equipped. Sufficient, operational, and ample First aid supplies and/or equipmentwill be provided and the locations of these supplieswill be clearly marked and easily accessible. "Operational" meansfunctional: fit or ready for use or service. An Automated External Defibrillator (AED) will be located on eachfloor, mounted in or near the elevator lobbies. Union 11/20/08 16 AFGE Local 2923 The Agencywill ensure qualified government employees be locatedat the Keystone will building are participants theNlEHS First Responder on Teamandhavereceived advanced first aid and CPRtraining.Therewill be a fully equipped "traumakit" with supplemental oxygenatKeystone availablefor their use. The agency provide notice will to employees thosequalifiedemployees of mentioned above.If suchemployees are bargainingunit employees appropriate training will beprovided.The Agencywill also providenotice to employees emergency of phonenumbers. [agreed] Section5. Facilities Improvemel.lt Committee Therewill be a facilities improvement committeeincludingunit members equivalent in percentage the numberof unit employees the Keystone to in Building, oneof whom will be a unionrepresentative, recommend to improvements thephysicalenvironment. to Section6. Lactation Room A. At a minimum the lactation room will meet the following basic requirements. .Private, locked office, conference room, or other space(not restroom) .A minimum of 6'X6' or 36 square feet of space .Sink ..Electrical outlet .Clean, safe environment .Chair and shelf or table for breast pump .Breast pump (durable pump that more than one mother can use) .Small refrigerator .Phone to contact NUl Lactation Consultants or other Lactation Consultants 0 B. The Union andthe Employerrecognize importance breast the of feedingand of supportfrom managers, supervisors, co-workers [agreed] and C. The Employee will have equivalent services and/or have full use and accessto the NllI Lactation Program which includes: a. prenatal breastfeedingeducation classestaught at various locations on campus b. telephone support while on maternity leave, providing advice and problemsolving during the first critical weeks c. return-to-work consultation d. onsite lactation rooms in various buildings, all equipped with breast pumps. ["C" -agreed] D. Agency will provide information in the lactation room that includes at a mmlmum: .Prenatal information on breastfeeding .Information regarding postpartum assistancein the hospital, at home, and back at work .Phone number ofNIH lactation consultants .'lnformation regarding mother-to-mother support groups ["D" agreed] Union 11/20108 7 AFGE Local 2923 Section Parking[agreed] 7. 1. Freeparkingspaces be provided. will 2. Parkinglotswill be sufficientlylit. 3. Sufficientor atnpleparkingspaces be providedfor einployees, will handicap spaces, government service vehicles,andcarpoolspaces with appropriate signage. Soction8. Building Access A. Barring exigency events, bargainingunit employees necessary with securitypass or ID will be granted24/7access the Keystone to Building andtheir workstations. B. Union representatives necessary with security passor ID will haveaccess the to Union office at any/alltimesbarring emergency situations carry out their labor to relati.ons responsibilities. C. To the extentnot prohibitedby law, rule, or regulation Agencyagrees the to provide the Union with a copyof eachwork product,report,or otherdocument(s), including anyon computers, resulting from the useof the informationcollected(that are neitherpart of a securitysysteminvestigation could leadto disciplinary that actionnor anyinternalauditof the securitys~tem) regarding access the Keystone to Building card-key system, to providenoticeof anychanges the type of and in informationcollected. Section 9. Site Visits A. The Unionwill be givena site visit to theKeystone Building prior to construction the new office environment. of B. After construction of the new office environment but at least 14 calendar days prior to move-in the Union will be given anothersite visit and access to all parts of the Building. The Union will be permitted a minimum of 4 representativesfor this site visit and sufficient official time to survey the areasand make any evaluations/inspections. Such official time will not be counted against any official time "bank" hours. C. After the secondsite visit by the Union any issuesthat are of concern will be addressed soon as possible by the Parties. Any necessaryfinal as negotiationswill take place prior to move-in. If such final negotiations are impractical prior to move-in, then the Partieswill meet as soon as possible to remedy any issuesand complete any negotiations. Union 11/20/08 18 AFGE Local 2923 Attachment 1 CWSED WINDO\X{ OFFICES OF LESS THAN 100 SQUARE FEET Anytime there are O less than 1?0 square office that ISless th want to occupy thes Upon consulting wi is voluntary on the that effect. The wai Management. It is will not establishan processeswithin ~tfet, no bargaining unit employee shalldespite the factmovethey are ces within NIEHS that are desirable, that b~ ~equir~ to into an 1100 squarefeet. However, some bargalnlng UnItemployees may offices. a union representative,who will seekto establish that this selection of the employee, he or she will be required to sign a waiver to is for the mutual benefit of the Employee, the Union, and plicable only in the caseof this particular employee and office, and precedent that may be used to seekor justify other office selection HS. ****************~****************~************************************* 'Waiver for Offices qfLess Than 100 Square Feet 1,- understandthat room is lessthan 100square feet. Hctvever,I am willing to occupythis space, do so voluntarily. and Employee UnionRepresentatite Date Supervisor Union 11/20/08 19 AFGE Local 2923 Attachment 2 TELEWORKAGREEMENT The following constitutes agreement an between NlEHS, and the (Nameof Employee) on the terntsand conditions theNIEHS TeleworkProgram, of consist~t with this Agreement between NIEHS and AFGE Local 2923: the 1. The address the employee's of residence within whichthe alternate duty station (ADS) is locatedis: 2. The ADS meets following criteria which arerequiredby the government the for its convenience to ensure safeworkplaceandthe securityof recordsand files. and a a. telephone line(s)and instrument(s) present working to ensure the are and that employee accessible coverage is for requirements duringthe agreed uponhoursat the ADS; b. recordsandfiles mustbe secure orderto minimizethe opportunityfor in unauthorized access; and c. a smokedetector readily accessible extinguisher in the residence and fire are wherethe ADS is located;and 3. The employee's participation in this program is voluntary. Both parties agree to adhere to the applicable Telework Program policies outlined in the Agreement regarding the Keystone Building. The agreementis in effect until canceled by either the employee or the appropriate supervisor/manager. The employee may withdraw from the program at any time. 4. The employee's official daily tour at the ADS will be selected from one of the work schedulesor alternative work schedulesavailable to employees at the official duty station as listed below [need to include]. The employee Will designatea normal start and ending time at the ADS and Will notify the immediate supervisorof any changes. 5. Employees performing work at the ADS are subjectto the same maximum workday limits and starting and ending times as they would be if they were performing work at the official duty station. Participating employeesare not authorized to work overtime hours at the ADS unless approved by managementconsistent with the parties' Agreement and applicable regulations. Employees are not entitled to work credit hours at the ADS unless authorized under the parties' Collective Bargaining Agreement. If the Union 11/20/08 20 AFGE Local 2923 employee works overtime or credit hours which meet thesecriteria, s/he will be compensatedin accordancewith applicable law, regulation, and policies. 6. An employee's time andattendance work performedat the ADS will be for recorded the samemanner is usedto recordthe performance work at the official in as of duty station. 7. Consistent with the Parties'CBA andlaw. the employee will follow established procedures requesting obtainingapprovalfor leaveat the ADS. for and 8. Employees performing work at the ADS on a regular basis and their immediate managerwill jointly develop a Work plan (See Attachment 4) and may be required to submit a work summary after his/her work at ADS day(s) but before the end of the pay period. If required, such work summary will normally be informal in nature. It should include the employee's name, date(s),and generally show the activities/accomplishments on his/her work at the ADS or during telework status. 9. The employee be responsible operating will for costs,maintenance, anyother and incidentalcosts(e.g.,utilities) associated the useof the employee's with ADS unlessthe costsarethe resultof maintenance government-owned of equipment (e.g.,a governmentownedcomputer).The employee doesnot relinquishanyentitlement reimbursement to for appropriately authorized expenses incurredwhile conducting business the Agency for asprovidedfor by law andimplementing regulations. 10. Whenthereis reasonable suspicion the employee not complyingwith that is Section above,andprovidedtheemployee given at least24 hoursadvance 2 is notice,the Agencymay conduct periodicinspections the ADS during the employee's of normal working hoursto ensurework siteconformance with safetystandards other and specifications theseguidelines.Suchinspections occuronly on dayswhenthe in will employee working at the ADS. is 11. The Government will not be liable for damagesto an employee'spersonal or real property during the course of perfonnance of official duties or while using Government equipment at the employee'sADS, exceptto the extent that the Government is otherwise liable under the Federal Tort Claims Act or the Military Personnel and Civilian Employees Claims Act. 12. The employee is covered underthe Federal Employee's Compensation Act if injured in the course of actually performing official duties at the ADS (designated work station). Any accident or injury occurring at the ADS must be brought to the immediate attention of the supervisor as soonas practicable. Becauseemployment-related accidents sustained by an employee during a Telework Program assignment occur outside the premises of the official duty station, the Agency must investigate all reports immediately following notification. Union 11/20/08 21 AFGE Local 2923 13. The ADS is the location enumeratedin Section 1 of the Telework Program Agreement and may not be changedwithout prior approval of the immediate supervisor. 14. All Government-borrowed equipment for official business is only. EMPLOYEE: (Signature Employee) of DATE: APPROVED: (Signature ImmediateManager) DATE: Union 11/20108 22 AFGE Local 2923 Attachment 4 TELEWORK WORKPLAN & REQUEST Note: This work plan is to be completed jointly by the employee immediate and manager. The work plan will be updated necessary. as 1. The employee'sgeneral taskswhile telecommuting asfollows: job are 2. The employee requeststo perfonn work at the ADS on the following darts) of each pay period (circle as appropriate): Firstweek: Mon. Tues. Wed. Thurs. Fri. Second week: Mon. Tues. Woo. Thurs. Fri. 3. The following is an inventory of equipment and/or referencematerial is required by the Government in order for the work to be perfonned at the ADS. The inventory is guided by the responsibilities/assignments,or portion thereof, that the employee will perfonn at the ADS. It is understood that the employee may be required to provide, at his/her own expense,some or all of the required inventory. Signature Employee of Date Disapproved Signature ImmediateSupervisor Date Approved of Reasons Disapproval(if any): for NOTE: A copy of this request shouldbe maintained boththe employee by andthe supervisor. Union 11/20/08 23 AFGE Local 2923 Signature ImmediateManager of Date I acknowledge receiptof this Notice Date (Signature Employeedoesnot imply agreement) of Union 11/20/08 25