ARTICLE 20
Work Schedules
SECTION 1. General.
This article applies to work schedules of all full-time and part-time employees.
A. In accordance with the provisions of 5 U.S.C., Chapter 61 , and the "Handbook on Hours of Duty and Leave Administration" (U.S. Department of Commerce, Office of Human Resources Management, September 1995), and the terms of this article, the use of maxiflex work schedules is permitted.
B. Participation in a maxiflex work schedule is voluntary with the employee. For employees choosing not to participate in a maxiflex work schedule, the basic work week for all full-time employees in the Department of Commerce is 8:30 a.m. to 5 p.m., Monday through Friday, including a non-compensable lunch period of 30 minutes. An employee cannot "work" through lunch to modify his or her established schedule.
SECTION 2. Determinations.
A. Management will continue to have responsibility for seeing that the mission of NOAA-GC is carried out. Subject to the overall direction of NOAA-GC, supervisors in each suboffice will determine adequate coverage during official hours for the purpose of assuring that office functions are fulfilled, including providing representation at essential meetings, handling inquiries from clients, and responding to program needs. When coverage requirements are established, all employees are required to meet them.
B. Each supervisor shall decide which of his or her employees, if any, are eligible to participate in a flexible work schedule. In making that determination the supervisor shall consider the needs of the clients, adequate legal coverage in the office, type of work done by the employee, and the past performance of the employee. Where practicable, personal preference will be honored in scheduling coverage. Where personal preference conflicts with the equitable sharing of the burden of coverage, personal preference shall give way. The opportunity of each employee to maximize flexible work hours shall be consistent with the coverage of legitimate work unit functions.
C. The supervisor will designate core hours and flexible timebands for the suboffice.
SECTION 3. Abuse.
Any problems of individual abuse of a maxiflex work schedule or timekeeping systems will be reviewed and acted upon by Management. Such action may include excluding an employee from a flexible work schedule, modifying the schedule, or changing the method of timekeeping for that employee.
SECTION 4. Definitions.
A. "Basic work requirement" means the number of nonovertime hours an employee must work or account for by leave before being eligible for overtime. For employees choosing to work a maxiflex schedule, the basic work requirement is 80 hours in a biweekly pay period.
B. "Core hours" refers to the scheduled hours of the workday during which an employee must either be present at work, on leave, or using credit hours.
C. "Credit hours" refers to the nonovertime hours which an employee elects to work during the flexible timeband in the same or another day in order to have an equal amount of time off on another day. A full-time employee may carry over up to 24 credit hours per pay period. A part-time employee is limited to one-fourth of the average hours worked per pay period. Use of credit hours must be approved by the employee's supervisor.
D. "Flexible timeband" refers to the time period outside of core hours during which an employee can vary arrival and departure times or work credit hours.
E. "Maxiflex work schedule" refers to a type of flexible work schedule comprised of core hours (including a non-compensable lunch period) and flexible timebands. Employees must be present during core hours, but may deviate from a specified arrival and departure time and work credit hours during the flexible timeband. The basic work requirement is 80 hours per biweekly pay period, but the employee may complete this requirement in fewer than ten workdays.
SECTION 5. Implementation.
As soon as possible following the effective date of this Agreement, and subject to NOAA-GC approval, NOAA-GC suboffices will develop and implement suboffice-specific maxiflex work schedule plans based on the needs of each particular suboffice. These plans will be developed by the suboffice supervisor in consultation with the participating employees in each suboffice, and, to the maximum extent practicable, with regard for each employee's individual scheduling preferences. Individual employees will seek and must obtain their supervisor's approval for any revisions to their initial schedules. Supervisors may require weekly posting of schedules if necessary for the proper functioning of the suboffice.
SECTION 6. Timekeeping.
Employees under flexible work schedules will record their time, including leave that is taken, by whichever method is chosen by their supervisor, as specified in the Handbook on Hours of Duty and Leave Administration.
SECTION 7. Review, modification, and termination.
Management and the Union agree that establishment and implementation of maxiflex work schedules is a one-year pilot project, and that either party may reopen this article for renegotiation one year after the effective date of this Agreement. This project may be terminated pursuant to the provisions of 5 U.S.C. 6131(c) . Suboffice maxiflex work schedule plans are subject to periodic review, and may be modified as needed.
SECTION 8. Part-time career employment.
A. Part-time career employment is an option for Federal employees, as set out in the Federal Employees Part-time Career Employment Act of 1978 ("the Act"), 5 U.S.C. 3401 et seq ., Office of Personnel Management (OPM) Guidelines, 5 C.F.R. Part 340 (Other than Full-Time Career Employment), OPM Federal Personnel Manual System Letter 340-3, and Department of Commerce Department Administrative Order 202-340 (Part-time Career Employment Program). The Act states that part-time permanent employment is beneficial for older people, handicapped individuals, parents, and students, as well as providing benefits to the government as an employer and society in general. The purpose of the Act is to provide increased part-time employment opportunities in the Federal government.
B. Management agrees that part-time career employment is a viable option for bargaining unit employees. Part-time employees are eligible for the same benefits as full-time employees, including leave, retirement, and health and life insurance coverage. Part-time employees will be treated equally with full-time employees for purposes of promotions, awards, and all other aspects of career employment. Management and the Union agree to promote and encourage part-time career employment, consistent with DAO 202-340.
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