Date:
To:
(your supervisor)
From: (you as an employee)
Subject:
Employee Grievance – Flexiplace
This is an employee grievance filed under Article 24, Section 9 of the National Agreement, based on a
continuing practice or condition as described in Article 24, Section 7A.
Beginning ________________ up through the date of this grievance I have not been allowed to
participate each week as allowed per my approved Flexiplace Program Request and the December 2000
AFGE Flexiplace Agreement which is still in effect through a sidebar agreement within the 2005 SSA
AFGE National Contract and past practices. I have been told that our office does not have a sufficient
amount of cases for me to work up at my ADS on a regular basis.
Section 2 of the December 2000 OHA (ODAR)/AFGE Flexiplace Agreement, terms of which are
preserved under the Side Bar Article 41 Flexiplace (negotiated with the 2005 National Agreement) has
been violated as it states:
“All employees who meet the (following) criteria are eligible to participate in the Flexiplace
Program. Eligible full-time employees will be authorized at least one day per week to work at an
ADS (Alternate Duty Station)…..”
Also, I note that Public Law 106-346, Sec. 359 requires all federal agencies to encourage telecommuting
by approving Flexiplace agreements for eligible employees and therefore, the Agency is violating this
law. Recently, a March 2007 FMR Bulletin 2007-B1guidelines were issued with specifically noted
Agencies’ duties and obligations concerning the aforementioned Public Law 106-346 as well as security
concerns identified in Public Law 107-347 which the Agency is not in compliance with.
As indicated above, I am an eligible employee and am not allowed to work at least one day per week at
my ADS.
Additionally, Section 4 of the Flexiplace Agreement states:
Each participating employee will meet with his/her immediate supervisor at least the day before
the scheduled flexiplace day or days to discuss assignment(s) to be worked at the ADS. The
supervisor will then assign the work to be performed by the employee at the ADS. If during this
discussion, the immediate supervisor determines that there is insufficient work for an employee
to work at the ADS for the next scheduled day(s), the employee will be informed in writing that
his/her participation in flexiplace is temporarily suspended until work is available. The
employee will then be required to work at the ODS.
My supervisor has not been in compliance with the above section in suspending my flexiplace day
from week to week. In fact, my supervisor has not attempted to identify any alternate work besides
case workups that I could possibly perform at my ADS. I believe there are other duties that I could
perform at the ADS.
I submit that the Agency is in violation of Article 3 Section 2(A) of the 2005 National Grievance which
states in part “All employees shall be treated fairly and equitably in all aspects of personnel management
…” since other like employees within my region and other regions are being allowed to work at their
ADS on a regular weekly basis.
I further submit that the Agency has violated Article 1 Section 2 and Article 4 Section 1 (A) of the 2005
National Grievance since it is my understanding that the Union has not been served any notice regarding
my inability to work at my ADS on a regular basis.
In addition, I submit the Agency has violated the November 20, 2003 Accelerated Electronic Disability
(AeDIB) Electronic Folder (EF) Process MOU, section identified as Employee Rights.
It is my understanding that with implementation of the electronic file process, my right to work at my
ADS has been severely compromised because of the changeover from paper files to electronic files and
that in the near future, there shall be no paper files. While I have been informed that the Agency has
refused to allow me access to the mainframe to work at my ADS with the electronic files, such a decision
is not consistent with other government agencies and the law, and in my opinion is discriminatory to the
support staff of the Administrative Law Judges who hold a confidential position with the Agency. I am
fully aware that the Agency has or is contemplating allowing contractors and other individuals access to
electronic hearing office work and that there is no reasonable explanation why employees in my position
should not have the same rights to that we may work at home.
I would also like to point out that in a recent Arbitration (Region 1 Case Number BW-2007-R-0032)
concerning this issue on March 22, 2008 an Arbitrator decided in favor of the Union in this same matter
and awarded relief to affected employees.
Requested Relief
1.
The Agency will immediately reinstate flexiplace so I can work at home at least one day per
week.
2.
The Agency will comply with all laws and agreements concerning bargaining with my Union
over such changes to the conditions of my employment.
3.
To the extent the Agency maintains that SCTs require mainframe computer system access in
order to perform assigned duties at an ADS, the Agency will endeavor to make any changes
necessary to ensure such access.
4.
Pay me retroactive reimbursement for mileage and parking for the number of days that I was
not allowed to work at home at my ADS terminal but was approved per my semi-annual
flexiplace program request.
5.
Any other relief deemed appropriate including attorney and legal costs.
2
YOUR NAME,
______________________
Signature
3
___________
Date
Acknowledgment of Employee Grievance Receipt
(Please return a signed copy of this acknowledgment to me.)
I hereby acknowledge receipt of the employee grievance filed by - INSERT YOUR NAME
HERE -
________________________________________________
- INSERT YOUR FIRST LINE SUPERVISORS NAME HERE -
4
____________________
Date