On November 4, 2024, NWSEO filed a formal grievance over the recent telework policy changes imposed unilaterally by the Atlantic Oceanographic and Meteorological Laboratory (AOML). This grievance, filed according to Article 9, Section 9(B) of the 2003 collective bargaining agreement, stipulates that AOML's decision to implement a Department of Commerce (DOC) telework policy, which limits routine telework to two days per week, violates the May 26, 2023 settlement agreement as well as violates 5 U.S.C Section 7116(a)(1) and (5) and Article 11.
At the heart of the grievance is the violation of the March 2023 settlement agreement in FLRA Case No. WA-CA-22-0279. This settlement agreement states that “National Weather Service Employees Organization (NWSEO) bargaining unit members are not subject to the DOC Deputy Secretary’s March 22, 2022 Information Memorandum for Departmental Leadership on Return to Office.”
The notice to implement the DOC telework policy sent to AOML employees on October 30 refers to “the Department of Commerce’s baseline policy of up to two days of routine telework per week,” which links to the March 22, 2022, Memorandum from Deputy Secretary Graves which was unilaterally implemented without first providing NWSEO with its national consultation rights. Additionally, AOML violated Article 11 and committed an unfair labor practice in violation of 5 U.S.C. section 7116(a)(1) and (5) by its continuing failure and refusal to bargain over this change in telework policy.
In addition to violating the May 2023 settlement agreement, the new telework limitations contradict the NOAA 2021 telework plan, which encouraged telework participation of four days per pay period—a minimum, not a cap. The union’s grievance further notes that operational needs have not changed since that plan was adopted, so unilaterally implementing this restrictive telework policy is unnecessary and non-compliant with bargaining requirements.
To remedy this situation, NWSEO demands an immediate rescission of the telework policy and the reinstatement of individual telework agreements that were in place before October 30. We seek a formal posting and emails to each unit employee assuring employees that management will follow and comply with the May 2023 settlement agreement.
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