Reply to Biden wants RTO

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]So SEC CBA looks like it’s good for 4 years from the effective date until one party can open it up for modification without mutual agreement. Anyone mind pointing me to where I can find the effective date?[/quote]

Please note that even if not a word of that article is changed, management can still require increased onsite presence.  Just a few examples of language to this effect:

"Telework i[b]s subject to approval by the Employer[/b] and is not an employee entitlement."

A. All employees may telework up to eight days each pay period on a Routine Telework arrangement unless the employee:

1. Is undergoing training in a new job or is serving a probationary period (a supervisor may instruct the Telework Program Manager to allow a Routine Telework schedule during the probationary period as appropriate).

2. Occupies a position with tasks [b]the Employer determines[/b] are best conducted in person and therefore the Employer determines Routine Telework would diminish the employee’s performance or agency operations; or

3. Occupies a position that has an unpredictable requirement to be onsite, [b]as determined by the Employer.[/b]

[b]The Employer[/b] may periodically review position duties and telework performance to ensure positions have been appropriately designated.[/quote]

Note though that the agency already agreed that a significant portion of the work performed by employees is already eligible for TW.  Note Article 11, Section 4(1):

1. Tasks generally suited for telework include, but are not limited to:

a. Writing;

b. Policy development;

c. Research, analysis and evaluation (e.g. investigating, program analysis, financial analysis), report writing;

d. Telephone-intensive tasks;

e. Computer-oriented tasks; and

f. Data processing in cases where the security of data can be adequately assured.[/quote]

Eligible for telework but management still gets to decide and it’s not an entitlement. So it could change at any time at the discretion of management.[/quote]

Article 11, Section 6 is pretty explicit about the reasons a telework agreement can be denied or revoked, it can't just be changed on a whim.  Also, the agency litigated this issue and this is the best they could come up with, if they had a legit argument to restrict TW more they would have presented it.  The only way I see a material change is if the composition of the FSIP changes with a new administration.[/quote]

I feel like maybe you are ignoring the section quoted above? That section defines eligibility overall, and explicitly makes it subject to management discretion AND periodic review.  Section 6 relates to an individual supervisor's decision with respect to an otherwise eligible employee.  They preserve flexibility for management.[/quote]

DP. No, that’s not right. The use of the word “discretion” does not mean their are no limits on that discretion. [/quote]

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