AFGE 1406

This month our contract spotlight is on Article 41 of the Local Supplement Agreement, specifically alternate work schedules. The complete article contains information about lunch, break and clean-up times and can be found on our contracts page.

Article 41

BASIC WORKWEEK & HOURS OF WORK

Section 1. The Parties agree that the use of AWSs not only improves productivity and morale in the work force, but also reduces the need for BUEs’ consumption of leave.

Section 2. The Parties recognize that the administrative workweek begins at 0001 Sunday and ends at 2400 hours on the next following Saturday. It is also agreed that BUEs’ work schedules shall be maintained as stable as practicable. It is also understood that the basic workweek normally consists of 5 eight-hour days, Monday through Friday. Saturdays and Sundays are not normally considered regular days of work.

Section 3. BUEs may request to participate in an AWS as defined in Title 5 USC § 6127 through § 6131. This request shall normally be submitted in writing to the BUE’s immediate supervisor. When Management denies a request to participate in an AWS, documentation showing the following shall be provided to the BUE(s) and the Union, within 15 calendar days of the written request (consideration shall be given to requests for extension):

a. Documented proof that participation in an AWS is likely to cause a reduction in the productivity of the Agency;

b. Documented proof that participation in an AWS is likely to cause a diminished level of services furnished to the public by the Agency; or

c. Documented proof that participation in an AWS is likely to cause an increase in the cost of Agency operations (other than a reasonable administrative cost relating to the process of establishing a flexible or compressed schedule).

Section 4. Individual requests, if denied, may be appealed through the NGP. Establishment and/or termination of AWS(s) shall be subject to negotiations.

Section 5. Normally, BUEs shall not be required to work split shifts. In the event that a requirement arises, the union will be given notice.

Section 6. The Parties agree that all existing types of AWS shall remain in place until changed in accordance with law, government-wide rules and regulations, and/or applicable negotiated agreements.

Section 7. A determination, by Management, not to exempt BUEs from an AWS, according to a request under 5 USC § 6127, is grievable by the BUEs and if elevated to arbitration, shall be processed under the procedures for expedited arbitration.

Section 8. When Management makes a determination to not continue an AWS because of adverse impact within the meaning of 5 USC § 6131(b), it will provide to the Union, all documents and findings relied upon to make this determination. Management will also provide the Union proper notification and an opportunity to bargain in accordance with Article 33 of the MLA.