Internal
Revenue Service
National Treasury Employees Union
Flexiplace Agreement Between
North Texas District
and
National Treasury Employees Union
Chapters 1, 3, 4, 10, 14, 29, 36, 45, 46, 52, 59 and 222
Table of Contents
(click on topic)
VI. Approving the Selection of Flexiplace Participants
IX. Injuries, Continuation of Pay and Workers' Compensation
XI. Performance Standards, Expectations and Rules of Conduct
XII. Termination of Participation
XIII. Time and Attendance, Hours of Duty and Alternative Work Schedules
XIV. Facilities, Furnishings, Equipment and Space
XV. Information Systems and Sensitive Information
XVI. Reopener and Negotiable Issues
XVIII. Duration and Termination
A. This Agreement is
governed by the terms and provisions of the NORD V Agreement,
including Article 50.
B. Flexiplace is a
program that permits employees to work at home or at other approved
locations remote to the conventional office site. The terms
“flexiplace” and “telecommuting”
are synonymous and include working at home or in satellite office sites
or other approved flexiplace worksites, with or without computers and
other electronic equipment.
C. Flexiplace options
will include the Traditional Flexiplace Program (TFP) and the Hours
Flexiplace Program (HFP). Under TFP, the employee is basically changing
his/her work area from the traditional
office to a home office or other flexiplace worksites. Under
HFP, employees may work up to eighty (80) hours per month at a flexiplace
site.
D. Participation or
non-participation in the flexiplace program will not influence the
employee’s selection for other jobs, promotions or assignments.
E. Participation in
the flexiplace program will not cause an unreasonable burden on
employees who choose not to participate or on employees who are unable to
work outside the office.
F. Participants may
work at the flexiplace worksite full days or portions of the day. This
Agreement does not permit travel from office to residence on official
time.
G. Flexiplace is not a
replacement for dependent/family care.
H. Employee participation in the flexiplace program is voluntary.
A. Flexiplace
promotes productivity, fosters the principles of quality, supports a diverse
workforce, improves customer service, enhances the quality of life for
employees, reduces office space,
conserves resources, reduces traffic congestion, and helps the
Service comply with Clean Air Act requirements.
B. The parties
acknowledge that flexiplace is an opportunity to enhance the efficiency of the
workplace, increase employee satisfaction and improve customer service.
The parties are therefore committed
to exercising their best efforts jointly and individually to ensure the
successful implementation of a flexiplace program that produces these
benefits.
A. NORD V, Article 50,
Section 2E specifies the positions which are eligible for
traditional flexi-place.
B. Section 2F
specifies the positions which are eligible for the hours flexiplace program. In
addition, Bankruptcy Specialists, General Advisors, Discharge
Technicians, and General Technicians are
eligible for HFP.
C. Article 50 does not
limit the parties from agreeing to place other positions on TFP or
HFP.
A. Flexiplace
work is work that can be performed independent of the conventional office and
has little or no negative impact upon the remaining work, workforce or
customer service.
B. For Flexiplace,
such work must be suitable to the flexiplace worksite and not create a
departure from recognized practices that would clearly lower productivity
or diminish customer service.
Additionally, during the flexiplace employee’s absence from the office
other employees must be able to perform non-portable duties without the
imposition of an unreasonable burden on these employees or their schedules.
C. For HFP, the amount
and nature of the work to be performed at the flexiplace worksite
must be appropriate to the amount of flexiplace time requested.
D. Work performed at
the flexiplace worksite may also include other duties and assignments.
A. To be considered
for a flexiplace arrangement, or to continue to work on a flexiplace
arrangement, an employee must:
1. Volunteer for the
program;
2. Have a “Fully
Successful” (or equivalent) performance appraisal. If the employee
has worked more than twelve months and does not have an appraisal, he/she
will be assumed to be “Fully
Successful”. If the employee is on a Performance
Improvement Plan, or if the employee has received written counseling that
their performance has dropped below
“Fully Successful”, he/she is not considered to be
“Fully Successful”.
3. Be at a level in
their position where work is performed independently and without
close supervision (e.g., not be in initial training or on-the-job
training);
4. The employee must
be at the journey or full working level of his/her position or
have been in the position for more than two years, whichever is less. Any
employee participating in a flexiplace arrangement on the date this
Agreement is effective who does not
meet this criterion will be eligible to continue in the
program without regard to this factor.
5. Not have received
any disciplinary/adverse action in the last twelve months that
would impact the integrity of the flexiplace program. If the employee’s
duties are changed due to a conduct investigation in which management has
sufficient evidence of serious wrongdoing
that would impact the integrity and efficiency of the Service, the employee may
be suspended from flexiplace pending resolution of the conduct investigation.
6. Not have been
subject to a leave restriction letter issued within the last 12
months. Management has sole discretion to waive this requirement;
7. Sign and abide by
the IRS/NTEU Flexiplace Work Agreement; and
8. Have a telephone,
utilities adequate for installing equipment, and workspace that
is suitable to perform work free from interruptions, and that provides
reasonable security and protection for government property. The cost of
these items will not be paid by the
Service, except as provided for in this Agreement.
B.
Employees who choose to work a traditional flexiplace option should be
prepared to continue in that program for a period of at least 12 months given
the impact it could create by returning to the office and requiring office
space. After entering the program, the
employee and management may agree that it is in the best interest of both
parties to terminate the employee’s
flexiplace participation earlier than 12 months. If the employee and management
decide that the employee shall withdraw from flexiplace, no negative implication
will be formulated against the employee.
VI.
Approving the Selection of Flexiplace Participants
A. Participants will
be selected by the appropriate management official (the District Director
designee) from volunteers who meet the above criteria.
Employees participating in the program, their support personnel such as
timekeepers, secretaries and their managers will receive an orientation on the
Flexiplace Program.
A. Management is
responsible for:
1. Reviewing, determining and approving the selection of participants for the flexiplace program in accordance with the criteria set forth in Sections III, IV and V of this Agreement;
2. Reviewing,
determining and approving the removal of participants from the flexiplace
programs in accordance with Section XII of this Agreement;
3. Ensuring that
participating employees and their managers receive training and/or orientation
before actual participation begins and planning for and identifying
flexiplace equipment, software and other resource needs;
4. Ensuring that
information systems and sensitive information procedures are in
place at flexiplace worksites. The Employer may inspect the employee’s
worksite with 24 hours notice to the
employee. The employee may arrange for an NTEU representative
to accompany the manager at the inspection. If the employee refuses
a worksite inspection, the Employer may immediately cancel the employee’s
flexiplace rights and the employee must surrender all Employer
equipment and return to the appropriate office setting. The Employer will
notify the employee as to the date and
approximate time of arrival, the number of management
officials coming to his/her home, the estimated duration of the
inspection and other appropriate information.
5. Ensuring that the
Flexiplace Work Agreement is completed and signed;
6. In consultation
with NTEU, ensuring that all employees participating in the TFP
share work stations in their POD. All employees participating in the TFP,
who are provided equipment listed in the Article 50, Section 7 of the NORD V
Agreement, will be required to give up individually assigned workspace in the
traditional office. A common work area, which will include the equipment
necessary to perform work while in the office, will be available to TFP
employees. The Employer is responsible for ensuring that the space and
equipment meet privacy and security requirements. In no case will this
space be configured on less than a 3 to 1
ratio. ICS workstations will not be reduced below
the number previously agreed upon in the National Integrated Collection
System
Agreement.
B. Immediate managers
are responsible for:
1. Approving work
requests from H7FP participants pursuant to the criteria set forth in Section IV
of this Agreement. E-mail requests may be used if agreed to by the
immediate manager. Denials of flexiplace participation or work requests
may be appealed by the employee under the
grievance procedures of NORD V;
2. Working with
employees to resolve any logistical issues associated with their
participation in flexiplace;
3. Reviewing the
employee’s Flexiplace Security Rules and Flexiplace Safety Rules
Self Certification and, prior to executing them for management,
discussing security and safety requirements with the employee;
4. Monitoring work,
providing timely feedback and giving counseling to Flexiplace
employees regarding any changes in performance and/or results;
5. Immediately
investigating all accident or injury reports following notification that
occur at the flexiplace worksite;
6. Meeting with
flexiplace employees to give assignments and review work.
Management will make all reasonable efforts to accomplish these
activities during the employee’s scheduled time in the office;
7. Directing
flexiplace employees to report to the office due to special
circumstances, such as office assignments, meetings, training classes,
etc. These should be planned to give the employee notice in time to travel to
the official duty site during his/her
regular commute time. Time spent traveling will not be considered hours of work
if it is commuting. When the employee is scheduled for
a full day tour of duty (TOD) at the flexiplace site and receives
notification to report to the official
duty station too late to travel during normal commute time, official time will
be granted.
C. Employees are
responsible for:
1. Maintaining the
same level of availability to the Service and its customers as
employees are required to maintain when they are working in a traditional
office;
2. Ensuring that no
meetings are held at their residence with taxpayers and taxpayer
representatives. Employees are responsible for providing advance
notification to their manager when any other employees are to be at their
flexiplace site.
3. Providing the
manager and/or clerk in advance with all the specific information
regarding their work schedule, and (if HIFP) the type of work to be
performed and the location of the
flexiplace worksite. This includes the obligation to inform the
manager when they are unable to perform work due to illness, personal
problems, emergencies or changing work conditions during the flexiplace TOD and
requesting appropriate leave;
4. Retrieving mail,
case assignments and messages from the official POD.
Employees must contact the office to report time, retrieve messages
and notify the manager and/or clerk of
changes of work locations;
5. Individually
entering into and submitting a written Flexiplace Work Agreement to
participate in the program, using the form in Article 50, Section 1D,
Exhibit 50-1of the NORD V Agreement. Work away from the office may vary
depending upon the individual
arrangements between the employee and the manager;
6. Protecting all
government records and data against unauthorized disclosure,
access, mutilation, obliteration and destruction. Files and other
information that are subject to the
Privacy Act regulations must be secured in a way that renders these records and
data inaccessible to anyone other than the employee. At a minimum, this will
require that all records and data be kept under lock and key when not in the
possession of the employee;
7. Ensuring that
government-provided equipment/property is used only for
authorized purposes;
8. Making
administrative files available as needed at the official POD; and
9. Obtaining prior
managerial approval to work HFP.
D. The IRS will not be responsible or liable for operating costs, home maintenance costs, telephone costs or any other incidental costs associated with the use of a private residence.
IX.
Injuries, Continuation of Pay and Workers' Compensation
A. Employees who are
authorized to participate in the flexiplace, and who sustain on-the-job injuries
or occupational illnesses, may qualify under the Federal Employees Compensation
Act for continuation of pay or workers’ compensation, for on-the-job
injuries or occupational illnesses that occur at flexiplace worksites
during scheduled work time. Employees
must report the occurrence to their manager as soon as possible. Managers will
review and process the reports in the same manner as an incident occurring
at the official duty station.
A. The employee’s
currently assigned POD, not the flexiplace worksite, is the official duty
station for purposes of determining entitlement for pay and travel. No
official time or mileage reimbursement
will be authorized for commuting to and from the official duty
station and the flexiplace worksite, except as provided in Article 50,
Section 4B of the NORD V Agreement.
XI.
Performance Standards, Expectations and Rules of Conduct
A. Performance standards, expectations, rules of conduct and ethical standards are the same for employees working flexiplace as for employees working in the conventional office, except to address procedures that may be unique to working away from the POD.
XII. Termination of Participation
A. Participants may be
removed from the flexiplace program if they cease to meet the minimum
qualifications of employee participation.
B. Any time a TFP
employee believes he/she needs to permanently or temporarily return to
work in the IRS office, the employee will normally provide management
with thirty (30) calendar days notice of
the needed change, except in emergency situations. Management
will make reasonable efforts to accommodate the employee’s needs.
C. Employee’s
returning to the IRS office in these circumstances must recognize that the
equipment and workstations that are made available by management may not
immediately be the same as the ones they
had prior to participating in the flexiplace program.
Management is expected to provide the employee a complete work area
equal or similar to that of others
in his/her occupation in their assigned POD within a reasonable
timeframe.
XIII.
Time and Attendance, Hours of Duty and Alternative Work Schedules
A. Existing rules in
Title V, U.S.C. and the Fair Labor Standards Act (FLSA) apply to flexible
workplace arrangements.
B. Participants may
work any schedule allowed for their position under alternative work
schedules. Unstructured work schedules are prohibited.
C. Overtime,
compensatory time and credit hours must be approved in advance. Credit hours
will be authorized in accordance with alternative work schedules.
D. Regulations
regarding leave remain unchanged under flexiplace.
E. Time and attendance
for participating employees will be monitored and recorded consistent with
alternative work schedules.
F. Employees
participating in the flexiplace will not be excused from working because
workers at the POD are dismissed during an emergency, if the emergency or
dismissal does not impact the work being
performed at the flexiplace worksite.
G. If an emergency
occurs at the flexiplace site which impacts the employee’s ability to perform
official duties there, he/she must immediately notify his/her manager. The.
manager will direct the employee to another worksite or grant
administrative leave when appropriate, or the employee will make leave
arrangements (e.g., annual leave or leave without pay).
H. The employee’s
current POD is the official duty station. All pay, special salary rates and
leave will be based upon the employee’s official duty station.
I. Flexiplace
employees may have other persons present at the flexiplace worksite provided
that such persons do not require assistance from the employee during work hours.
J. Employees’
schedules will be arranged to promote work efficiency and customer service.
Generally, the employee’s in-office time will be scheduled in full day
intervals, subject to availability of space in the case of TFP employees. The
employee should bring sufficient work to
last the entire workday. Participants may be permitted to work at home or at
other flexiplace worksites full days or a portion of the day, for
appropriate business purposes.
XIV.
Facilities, Furnishings, Equipment and Space
A. All equipment used
by flexiplace participants must meet the Service’s requirements for
security, safety and operating efficiency. Flexiplace employees must
comply with all required security
measures and disclosure provisions, including password protection and
date encryption, so that at no time are the security, disclosure or
Privacy Act requirements of the Service
compromised.
B. The employee must
have a personal telephone, workspace suitable to perform work,
utilities adequate for installing equipment and workspace that is free
from interruptions and provides
reasonable security and protection for government property. The cost of
these will not be paid by the Service. An area of a room may be
designated with managerial approval.
C. Employees will not
have to release their voice mail access as part of the movement to
traditional flexiplace of the reduction of workspace, until equivalent
voice mail access is provided at their
flexiplace worksite.
D. Employees
participating in the TFP will be provided a desk, chair, lockable file cabinets,
calculator, phone card and alphanumeric beeper/pager. As funds are
available, voice mail or other
communication services may be made available to TFP participants to facilitate
communications with other office personnel and taxpayers. Subject to
available funds, the business telephone
used by TFP employees will have a feature to roll over calls into voice mail. If
available, the telephone will also have a button to turn off the ringer.
E. IRS will allow each employee who works TFP to relocate, and use their assigned IRS computer at the employee’s flexiplace worksite. A phone and phone lines will be provided.
F.
TFP participants will take taxpayer incoming calls on
government-installed phone lines. The
TFP employee will inform taxpayer/representatives of the government phone
number(s) at his/her flexiplace worksite.
G. HFP employees will
normally be provided a government phone card and an alphanumeric
pager to assist in their communication needs with management and
customers.
H. Any time the
Employer gives up space or otherwise downsizes the office, any excess
equipment or furniture may be made available to employees in the
flexiplace program, subject to the
limitations of Section 7A of the NORD V, Article 50.
I. When excess
equipment becomes available, management in consultation with NTEU
representatives, will address how the equipment will be assigned.
J. Whenever management
determines that equipment is no longer available for flexiplace purposes,
the manager shall give reasonable notice to the employee for the return of such
equipment to the office. The manager will notify NTEU of the reasons for
the return of such equipment.
K. If a TFP employee
voluntarily relocates their personal residence while remaining at the
same duty station and within five years of the most recent installation
of their flexiplace equipment, the
employee will reimburse the government for any costs associated with moving and
reinstalling their government phone lines. The employer will be notified
prior to such a move and the employee is generally expected to bear the
cost of moving the TFP equipment.
L. The Service retains
ownership and control of any and all hardware, software,
telecommunications equipment and data placed in the flexiplace worksite
by the government. Government equipment is to be used for official business
only.
M. The Service is
responsible for maintenance and repair of all government-owned
equipment placed in a TFP worksite. Generally, computer support will not
be provided in the TFP employee’s
residence. The TFP employee will make every effort to transport
equipment-needing repair to the official duty station. If transportation
of the equipment is not practical, the
employee will allow entry at the TFP worksite for maintenance and
repair. Personnel performing maintenance or repair at the TFP worksite
will provide advance notice to the employee and will identify themselves with
the formal IRS or contractor identification.
N. Subject to
available funds, TFP employees will be given access to the same electronic
research as available in the employee’s office.
0. Employees may
relocate any individually assigned office equipment to their TFP
worksite, upon their manager’s approval.
P. No official mail from taxpayers will be addressed to a flexiplace employee’s home address.
XV. Information Systems and Sensitive Information
A. The current
guidelines established by the National Office of the IRS will apply.
B. An employee at a
flexiplace site will use only government-owned computer equipment
(including software) when performing official business which involves
sensitive information.
C. Information is
considered sensitive or critical due to the risk and magnitude of loss or
harm that could result from unintentional or deliberate disclosure,
alteration or destruction. Such information could cause damage leading to:
1. Loss of life or
personal injury to any United States person or persons) under
jurisdiction of the United States;
2. Loss of property
through fraud, theft or other unlawful means;
3. Loss of an
individual’s privacy through unauthorized disclosure of tax
information, resulting in the violation of personal (including corporate)
privacy, property and civil rights;
4. Obstruction
or impairment of official law enforcement or regulatory functions;
5. Gain by an
individual, corporation or any other type of commercial business
structure of an unfair advantage in the competitive marketplace; or
6. Damage to a person
or type of commercial business structure that has entrusted its
proprietary information to the U.S. Government.
D. The manager’s
written approval must be obtained for non-sensitive IRS information to be
processed on an employee’s personally owned computer.
E. Upon completion of
any work allowed to be performed on an employee’s personally
owned computer, Service personnel must delete all IRS data from their
personally owned computers in
conformance with object reuse requirements, remove all diskettes
containing IRS data from their residence, scan all diskettes with the
Service-approved virus scanning software
and return all diskettes to their respective offices.
XVI. Reopener and
Negotiable Issues
A. At any time after
12 months from the effective date of this Agreement, either Management or NTEU
may reopen the Agreement or upon mutual agreement by both
parties.
B. The parties will
jointly develop:
1. Application and
selection procedures and REP work-request and work-approval
forms for participation in the flexiplace program.
2. A method for
communicating tie breaker results when resolving conflicting
employee requests for limited flexiplace schedules and limited equipment
or furniture availability. Tie breakers
will be (1) IRS EOD date, (2) Federal SCD and
if necessary, the last 2 numbers of the social security number will be added
together as the third tie breaker.
3. Procedures
for determinations regarding the eligibility of other positions, if any,
for TFP, which are not listed in Article 50, Section 2E or in Section III A
of this Agreement.
C. Negotiated changes
in flexiplace program policies and guidelines will be shared with all
participating employees and will not become effective for thirty (30)
days.
D. All outstanding
flexiplace negotiations disputes between the parties will be resolved
using the impasse resolution procedures set forth in Article 50, Section
10 of the NORD V Agreement.
A. Flexiplace
employees will be asked for feedback concerning the effectiveness of the
program and will be asked to comment on a variety of program
monitoring/measurement areas, as agreed
by management and NTEU. This feedback may be obtained by surveys or other means,
as agreed to by management and NTEU.
B. Non flexiplace
employees, managers and other external and internal customers may also be asked
for feedback concerning the impact of the flexiplace program. This feedback
may be obtained by surveys or other means, as agreed to by management and
NTEU.
C. Copies of this
Agreement will be distributed to all bargaining unit employees.
XVIII.
Duration and Termination
A. The effective date
of this Agreement shall be thirty-one (31) days from its execution, or
upon agency head approval, whichever occurs first.
B. This Agreement will
run concurrent with the NORD V Agreement. Upon expiration of
NORD V. the negotiation of this Agreement may be reopened by either
management or NTEU. Appeals management
and NTEU agree to extend the terms of this agreement for
the duration of the reopened negotiations.
Signatures
For Management: Ladd Ellis Jr., District Director, North Texas
District
Dated: July 30, 1999
For NTEU: Presidents of NTEU Chapters, 4, 10, 29 45 and 46