Article 7: Work Schedules

Section 1 – Official Business Hours

A. The Employer's official business hours are the Employer's designated hours of availability to the public. During official business hours, the Employer must provide to the public sufficient office coverage in each Division/Office/Regional Office.

B. At Headquarters Offices, the official business hours are 9:00 a.m. to 5:30 p.m. EST, Monday-Friday. At the Employer's other Offices, the official business hours are Monday-Friday and as follows:

• New York, Boston, Philadelphia, Miami, Atlanta: 9:00 a.m.–5:30 p.m. EST,

• Chicago: 8:45 a.m.–5:15 p.m. CST,

• Fort Worth: 8:30 a.m.–5:00 p.m. CST,

• Denver and Salt Lake City: 8:00 a.m.–4:30 p.m. MST, and

• Los Angeles and San Francisco: 8:30 a.m.–5:00 p.m. PST.

C. An employee will default to a schedule conforming to the official business hours of their Office unless a different work schedule is requested and approved in accordance with this Article.

Section 2 – Core Hours

A. The Employer’s core hours are the established duty hours within a specified tour of duty during which every full-time employee (who is not on an approved absence) is required to be at work on 8 out of 10 days per biweekly pay period. Employees must be scheduled to work during the core hours on any scheduled Community Day.

B. At the Employer's Headquarters and Regional Offices, the core hours during which every full-time employee must be scheduled to work are 10:00 a.m. to 2:00 p.m., in the office's respective time zone, Monday-Friday.

C. All full-time work schedules, and part-time work schedules in which an employee works more than six hours on a given day, must include an unpaid lunch break extending the employee's hours of work by thirty (30) minutes. However, if, on a day in which the employee was scheduled to work more than six hours, the employee, through the use of annual leave, credit hours or otherwise, works six or less hours, the employee will not be required to take an unpaid lunch break extending the employee's hours of work by thirty (30) minutes.

Section 3 – Flexible Hours/Bands

A. The Employer's flexible hours or bands are the established duty hours within which an employee may request to schedule their arrival and departure times, so as to create a set tour of duty that varies from their Office's official business hours.

B. At the Employer's Headquarters and Regional Offices, full-time employees may: (a) flex their start and end times by working their normally scheduled hours anytime between 5:30 a.m. and 11:59 p.m. local time; and (b) modify the time of day they choose to work as long as they work the core hours as provided in Section 2(A) above and account for their hours of work scheduled for each day with work, leave or credit hours used.

C. An employee working a flexible schedule described below in Section 5.A. may report at set times during their Office's morning flexible band so long as the employee's hours of work are consistent with working their Office's designated core hours as provided in Section 2(A) above. An employee working a compressed schedule described below in Section 5.B. may report at set times during their Office's morning flexible band, and leave during the Office's afternoon flexible band, so long as the employee's tour of duty ends no later than 8:30 p.m.

Section 4 – Work Schedules: Generally

A. The term "Work Schedule" shall mean any of the following: a Flexible Work Schedule (Flexitour) as described in Section 5.A., a Compressed 5-4/9 or 4-10 schedule as described in Section 5.B., or a SEC-flex schedule as described in Section 5.C.

B. The parties recognize that flexibility in work schedules may assist employees in balancing work and other responsibilities; however, the Employer shall give priority to its mission, staffing and workload considerations in evaluating work schedule requests.

C. An employee's participation in any particular Work Schedule is not an entitlement. The Employer will grant or deny such request in accordance with the terms of this Article.

D. The Employer will implement its Work Schedule programs in a way that will not interfere with maintaining uninterrupted functional coverage during each Office's official business hours. The responsibilities assigned to certain employees may require them to be present during all of their Office's official business hours. Before excluding or removing a position from a particular tour of duty, the Employer will notify the Union, and will provide the Union an opportunity to bargain as permitted by law.

E. If the Employer approves an employee's request for a specific Work Schedule, that schedule shall remain the employee's work schedule, unless and until changed in accordance with this Article.

Section 5 – Work Schedules: Available Schedules

A. Flexible Work Schedule ("Flexitour") with Credit Hours.

1. A full-time employee on this Work Schedule has an 80-hour bi-weekly basic work requirement, and fulfills that requirement by working eight hours a day, Monday-Friday. The employee must be present for work (or account for time away from work with approved leave or credit hours) during their Office's designated core hours as provided in Section 2(A) above but may request set arrival and departure times within the established flexible bands.

2. A part-time employee on this Work Schedule has a 32-to-64-hour bi- weekly basic work requirement. To fulfill that requirement, they may work up to twelve (12) hours a day, Monday-Friday. The employee may request set arrival and departure times within the established flexible bands. consistent with being present for work during a significant portion of their Office's designated core hours.

3. While a full-time employee on this Work Schedule may report at set times during their morning flexible band, the employee's hours of work must be consistent with working their Office's designated core hours as provided in Section 2(A) above.

4. In a given week or pay-period, an employee on this Work Schedule may request that the Employer approve additional hours to their basic work requirement (credit hours) to allow them to be absent an equal number of hours with no loss of basic pay.

B. Compressed "5-4/9" or "4-10" Work Schedule.

1. A full-time employee on this Work Schedule will fulfill their 80-hour basic work requirement in a bi-weekly period over nine (9) workdays (on a Compressed 5-4/9 schedule) or (8) workdays (on a Compressed 4-10 schedule), Monday-Friday. An employee on a Compressed 5-4/9 schedule works nine (9) hours on eight (8) of the workdays, and eight (8) hours the other workday. The same day in each pay-period must be elected as the non- workday. An employee on a Compressed 4-10 schedule works four (4) ten- hour days each week. The same day in each week must be elected as the non- workday. The employee must be present for work during their Office's designated core hours as provided in Section 2(A) above on scheduled workdays, but may request set arrival and departure times within the established flexible bands.

2. A part-time employee on this Work Schedule may fulfill their 32-to-64- hour basic work requirement in fewer than ten (10) workdays, and may request to work more than eight (8) hours (up to twelve (12) hours) on any given day(s) of their approved work schedule.

3. An employee on this Work Schedule may request set arrival and departure times within the established flexible bands.

4. An employee working a Compressed 5-4/9 or 4-10 schedule may not earn or use credit hours.

C. SEC-flex Work Schedule with Credit Hours.

1. A full-time employee on a SEC-flex schedule may designate a set, recurring work schedule in which they fulfills their 80-hour basic work requirement in a biweekly period over fewer than ten (10) workdays, but not less than eight 8 workdays. Within their set, recurring work schedule, an employee may (1) vary the number of hours worked from day to day or the number of hours each week to equal eighty (80) hours in a bi-weekly pay period and (2) vary arrival and departure times on a daily basis during the established flexible hours; provided that the established work schedule remains fixed unless amended by the parties in accordance with this Article.  

2. Approved SEC-flex schedules:

a. must meet the basic work requirement (reflect eighty (80) hours) per biweekly pay period (excluding credit hours);

b. are limited to a maximum of twelve (12) hours per day toward meeting the basic work requirement, Monday through Friday. However, in any individual day, an employee may work up to the lesser of (i) four (4) additional credit hours under Section 12 or (ii) the number of credit hours that, when added to the employee's regular tour of duty hours on the specific day, do not exceed 12 hours;

c. may vary arrival and departure work times consistent with Section 3 of this Article, consistent with the duties and requirements of the position;

d. must reflect the core hours as provided in Section 2(A) above plus the flexible hours to be worked each workday the employee is scheduled to work;

e. require employees to schedule and work the core hours as provided in Section 2(A) above;

f. may not include non-core workdays (i.e., Saturday or Sunday) in the 80 hour biweekly work requirement; and

g. permit employees to earn a maximum of ten (10) credit hours on non- core workdays (i.e., Saturday and/or Sunday), holidays, and other non- workdays, to the extent permitted by law.

Section 6 – Procedures for Requesting Flexitour Schedule

A. An employee wishing to work a Flexitour Schedule under Section 4.A will submit in writing their first, second, and third choices for work schedules to their supervisor.

B. The Employer will respond to a complete Flexitour request within 14 calendar days. In the event of denial, upon the employee's request, the Employer will provide the employee with reasons for the denial in writing.

C. In determining whether to grant or deny an employee's request for a Flexitour Schedule, the Employer's decision will be based on whether:

1. the proposed schedule interferes with the ability to meet workload and programmatic objectives;

2. the position requires the employee to be present during all of the Office's official business hours;

3. the employee is on a performance improvement plan or has significant performance weakness communicated to the employee in writing;

4. the employee has significant documented time or attendance issues (including leave restrictions) communicated to the employee, orally or in writing, in the preceding six (6) months;

5. the employee is undergoing training in a new job;

6. the employee is serving a probationary period (the Employer may, but does not have to deny a probationary employee’s request for a Flexitour Schedule); or

7. the employee has received any disciplinary or adverse action in the preceding twelve (12) months that reasonably calls into question the employee's ability to perform their job while working a flexible work schedule.

D. A Division/Office/Regional Office may adopt and rely on numerical staffing requirements (such as minimum percentages of staff scheduled for work throughout each workday) to ensure that adequate coverage for office responsibilities is available, but must first comply with any legal bargaining obligation. Thereafter, the Employer may deny a request for a Flexitour Schedule based on the need to maintain such minimum coverage requirements.

E. If multiple employees in the same work unit (the applicable section or group within a division or office) request similar Flexitour Schedules, and not all can be accommodated by the Employer, such pending   Flexitour Schedule requests will be determined by the Employer based on grade and Agency seniority.

Section 7 – Procedures for Requesting a Compressed 5-4/9 or 4-10 Schedule or SEC- flex Schedule

A. Eligibility Requirements

1. An employee is eligible to request approval of a Compressed 5-4/9 or 4-10 schedule under Section 4.B. or a SEC-flex Schedule under Section 5.C. if the employee:

a. is not on a performance improvement plan and does not have any significant performance weaknesses communicated to the employee in writing, has a most recent performance rating of acceptable and there is no reasonable cause to believe that their level of performance will drop; and

b. the employee is not under leave restriction; and

c. does not have significant documented time or attendance issues communicated to the employee, orally or in writing, in the preceding six (6) months.

B. Approval Process

1. An eligible full-time employee applying to work a Compressed 5-4/9 or 4- 10 schedule will submit to their supervisor, in writing, their first, second and third choices for work schedules, regular day(s) off, and "eight-hour day for a Compressed 5-4/9 schedule." Employees applying to work a SEC-flex schedule will submit their request in writing to their supervisor. Due to the unique nature of the SEC-flex schedule allowing employees to start and end at different times each work day, employees should understand that the initially requested SEC-flex schedule may need to be discussed in detail with their supervisor and may require amendment and revision prior to approval. An eligible part-time employee will also submit their choices, as appropriate.

2. The Employer may determine that the responsibilities of specific employees in certain positions require those employees to be present during specific weekdays during each pay-period. The Employer will attempt to accommodate employee choices of regular day off and/or arrival and departure times. A decision not to accommodate an employee's choice of regular day off and/or arrival and departure times may be based on the fact that the responsibilities of specific individual employees in certain positions require those employees to be present on particular days of the week or times of the day.

3. An employee who has responsibilities that are typically performed on a specified day of the workweek may not request to be off on that day.

4. The Employer will respond to a completed request for a Compressed 5-4/9 or 4-10 schedules or a SEC-flex schedule within fourteen (14) calendar days of receipt. In the event of denial, upon the employee's request, the Employer will provide the employee with reasons for the denial in writing.

5. The Employer's decision to grant or deny an employee's request will be based on whether:

a. the proposed schedule interferes with the ability to meet workload and programmatic objectives;

b. the position requires the employee to be present during all of the Office's official business hours;

c. the employee is on a performance improvement plan or has significant performance weakness communicated to the employee in writing;

d. the employee has significant documented time or attendance issues (including leave restrictions) communicated to the employee, orally or in writing, in the preceding six (6) months;

e. the employee is undergoing training in a new job;

f. the employee is serving a probationary period (the Employer may, but is not required to, deny a probationary employee’s request for a compressed or SEC-flex work schedule);

g. the employee has received any disciplinary or adverse action in the preceding twelve (12) months that reasonably calls into question the employee's ability to perform their job while working a compressed or SEC-flex work schedule.

6. A Division/Office/Regional Office may adopt and rely on numerical staffing requirements (such as minimum percentages of staff scheduled for work throughout each workday) to ensure that adequate coverage for office responsibilities is available, but must first comply with any legal bargaining obligation. Thereafter, the Employer may deny a request for a Work Schedule based on the need to maintain such minimum coverage requirements.

7. If multiple employees in the same branch request similar compressed work schedules (5-4/9, 4-10) or SEC-flex and not all can be accommodated by the Employer, such pending work schedule requests will be determined by the Employer based on grade and Agency seniority.

8. Any employee allowed to work a Compressed 4-10 work schedule or an SEC- flex work schedule will be subject to a one year trial period. During this trial period, the Employer may require an employee on a Compressed 4- 10 work schedule or an SEC flex work schedule to return to a Flexitour Schedule with credit hours or a Compressed 5-4/9 work schedule for any reason set forth in 2, 3, 5 and/or 6 above, provided the employee is given two (2) weeks advance written notice. Thereafter, with two (2) weeks advance written notice, such employee may be required to return to a Flexitour Schedule with credit hours or a Compressed 5-4/9 schedule, for any of the reasons set forth in Section 9 below.

Section 8 – Employee-Initiated Changes

A. An employee may submit a written request to work a different schedule at any time. If approved, the new schedule will begin with the next full pay-period after approval.

B. On an ad hoc basis, an employee may request to change their Work Schedule in accordance with this Article, or change their non-workday to another workday in the same pay period, as long as the change does not interfere with the Employer's mission or workload requirement. In the event of denial, the Employer will provide the employee with the reasons for denial.

C. An employee may submit a written request to change their regular, established compressed or SEC-flex schedule once each calendar quarter. The employee must provide at least fourteen (14) calendar days’ notice of the proposed change. If approved, the employee's new regular schedule will begin with the next full pay- period after approval. In the event of denial, upon request by the employee, the Employer will provide the employee with reasons for the denial in writing within fourteen (14) calendar days of the request.

In exceptional circumstances, an employee may submit a written request for a change to their work schedule more than once each quarter. The Employer will consider such requests in accordance with mission, staffing, and workload requirements.

Section 9 – Employer-Initiated Changes

A. The Employer may change an employee's Work Schedule or their regular day off for thirty (30) days or fewer because of mission, staffing or workload requirements. The Employer may consider an employee’s request under this provision. The Employer will strive to give the employee at least one (1) week notice of such a temporary change.

B. Except in the case of unforeseen contingencies, an employee working an approved Work Schedule will not be expected to forego a regularly scheduled day off. If an employee must forego their regularly scheduled day off, it will be rescheduled for another workday(s) in the same pay-period.

C. The Employer may suspend or terminate an employee's Work Schedule if the Employer finds that:

1. the employee's continued participation is inconsistent with the requirements of this Article;

2. the employee's performance has declined significantly (for example, where the employee fails to meet established deadlines or fails to progress satisfactorily on assignments but excluding insignificant fluctuations or declines in performance);

3. the employee fails truthfully to report time worked, or fails to comply with the requirements and provisions of this Article;

4. the employee has significant documented time or attendance issues (including leave restrictions) communicated to the employee, orally or in writing, in the preceding six (6) months; or

5. adequate coverage for office responsibilities is not available.

D. Where possible, the Employer will give an employee fourteen (14) calendar days advanced notice of a suspension or termination of the employee's Work Schedule.

E. The suspension or termination of an employee's approved Work Schedule pursuant to this section is not a disciplinary action.

Section 10 – Changes Due to Travel or Training

An employee on an approved Work Schedule will revert to a conforming schedule during a pay-period in which they are on travel status or on official business outside of their official duty station (including training), unless they can reach an alternative agreement with the Employer. Such an alternative arrangement may not increase the cost of the travel, official business, or training to the Employer, nor may it violate any rule, regulation or statute, or this or any other Article of the Agreement.

Section 11 – Changes Due to Promotion, Reassignment or Detail

If an employee is promoted to a new position, reassigned or detailed, they must request approval from their new supervisor of the employee's previously elected Work Schedule, or must submit a request to the new supervisor for a new schedule. Such requests will be granted or denied pursuant to Sections 6 and 7 of this Article.

Section 12 – Credit Hours (Flexitour or SEC-flex Schedules Only)

A. An employee on a Flexitour or SEC-flex Schedule may earn and use credit hours to accommodate appointments or other personal needs without using leave.

B. An employee may not use credit hours to create or increase entitlement to overtime pay.

C. An employee may request to use credit hours to take off an entire day or days of work. However, an employee may not earn or use credit hours to create a de facto regular and recurring change in their approved tour of duty. An employee seeking to establish a schedule with a regularly scheduled day-off (either the same day of the pay-period or on different days every pay-period) must request to change their work schedule to a Compressed 5-4/9 or 4-10 work schedule or SEC-flex work schedule provided for by this Article.

D. An employee's request to earn credit hours must normally be approved in advance by the employee's supervisor. Such requests and approvals normally will be processed through the time and attendance system, although email or other forms of documented communication also may be used.

E. The Employer may, in its sole discretion approve credit hours retroactively. In the event of a denial, the Employer will provide the employee with the reasons for the denial. At the employee's request, the reasons for the denial shall be in writing.

F. The Employer's decision regarding an employee's request to earn credit hours will be based on whether there is sufficient work available to keep the employee productively occupied during the entire period for which credit hours are requested, and whether that work can be performed at the requested time. An employee may not save work that otherwise could be completed during the regular tour of duty in order to earn credit hours.

G. An employee's request to use credit hours must be approved in advance by the employee's supervisor. Such requests and approvals normally will be processed through the time and attendance system, although email or other forms of documented communication also may be used. In the event of a denial, upon request by the employee, the Employer will provide the reasons for the denial in writing. The Employer will approve an employee's written request to use credit hours already earned unless the employee's absence would have an adverse effect on staffing, workload and mission requirements.

H. An employee may request to earn up to four (4) credit hours per workday, and up to ten (10) hours on a non-workday (e.g. a weekend day or a scheduled day off) between 5:30a.m. – 11:59 p.m., subject to the other requirements of this Article. An employee may not earn credit hours during an excused absence. An employee may not earn credit hours during a holiday, except as permitted by law.

I. An employee may request to earn credit hours in 15-minute increments, subject to a 30-minute minimum. An employee may request to use credit hours in 15-minute increments.

J. A full-time employee may earn up to forty (40) credit hours in a pay-period. The number of credit hours a part-time employee may earn is equal to not more than 50% of the hours in the employee's normal bi-weekly schedule.

K. A full-time employee may carry over up to forty-eight (48) credit hours from one pay period to the next. The number of hours a part-time employee may carry over will be pro-rated based upon the number of hours worked per pay period.

L. An employee will not be compensated for excess credit hours that cannot be carried over. An employee must use any earned credit hours before beginning a Compressed 5-4/9 or 4/10 work schedule.

M. Although an employee may request to work credit hours on weekends, and at early and late times on workdays, the Parties recognize that building services (e.g., heating, air conditioning, ventilation) may not be available during such times. Therefore, an employee who earns credit hours during these times may do so at their own inconvenience and/or at their approved telework location.

N. An employee may request telework on a non-workday (including a weekend day) so the employee may earn credit hours. Employer approval of such an arrangement must be based on Section 12.D. The request must be made in advance of the weekend telework day requested. In the event of a denial, the Employer will provide the employee with the reasons for the denial. At the employee's request, the reasons for the denial shall be in writing.

O. An employee working an approved telework schedule on a given day(s) may earn credit hours at their approved alternate work site on that day/those days, and on non-workdays (including holidays, to the extent permitted by law).

P. An employee may not earn credit hours during their lunch break.

Q. An employee may earn credit hours while on travel status en route to/from the TDY in accordance with Article 12 of this Agreement. Under this Section, an employee on travel status may earn credit hours at a temporary duty station only when the employee's written request to earn credit hours has been approved in advance and in writing by the employee's supervisor.

R. An employee may not use credit hours before they are earned. An employee’s supervisor may allow an employee to use credit hours in the same pay period that the employee earned the credit hours, provided that the credit hours are earned prior to use.

Section 13 – Pay/Leave

A. An employee working a Compressed 5-4/9 or 4-10 work schedule is entitled to basic pay for the number of hours of the work schedule that fall on a holiday. When a legal holiday falls on a workday, the employee will be excused with pay and without charge to leave for the number of duty hours scheduled that day. When a legal holiday falls on a scheduled regular day off, an employee working a Compressed 5-4/9 or 4-10 work schedule is entitled to an “in lieu of holiday.” An “in lieu of holiday” is the same as a legal public holiday for pay and leave purposes. The number of hours of paid holiday leave granted on an “in lieu of holiday” is the number of hours the employee would otherwise have worked that day. “In lieu of holidays” always will be the workday preceding the normal holiday, unless a holiday falls on a Monday, in which case the “in lieu of holiday” will be the following workday. No “in lieu of holiday” will be granted when administrative leave is approved because of bad weather or other emergency conditions on an employee's regular day off.

B. An employee on a flexible work schedule, which includes SEC-Flex schedules, will only earn eight (8) hours of holiday pay on a holiday. This is set by law (5 U.S.C. §6124).

When a legal holiday falls on a workday, the employee must account for any time they were scheduled to work in excess of eight (8) hours. When a legal holiday falls on a scheduled regular day off, a full-time employee working on a flexible work schedule is entitled to an “in lieu of holiday.” An “in lieu of holiday” is the same as a legal public holiday for pay and leave purposes. An employee working a flexible work schedule will only earn eight (8) hours holiday pay on an “in lieu of holiday.” Such an employee will have to work additional time or take appropriate leave (including credit hours earned) for any time in excess of eight (8) hours that the employees was scheduled to work on their holiday or in lieu of holiday. For example, an employee regularly scheduled to work a nine (9) hour day on the holiday or in lieu of holiday will need to make up one additional hour. Additional workhour(s) must be completed during the regular or credit hour tour of duty hours in that pay period. Credit hours cannot, however, be earned during the same time for which an employee is receiving holiday pay. “In lieu of holidays” always will be the workday preceding the normal holiday, unless a holiday falls on the first Monday of a pay period, in which case the “in lieu of holiday” will be the following workday. No “in lieu of holiday” will be granted when administrative leave is approved because of bad weather or other emergency conditions on an employee's regular day off.

C. When an employee is absent from the job other than for a holiday, they will be charged with leave equal in hours to the scheduled length of their work day.

D. Implementation of this Article will in no way change current leave practices except as otherwise provided for by this Agreement.

E. An employee is not entitled to night differential pay if they voluntarily work a flexitour or SEC-flex work schedule extending beyond 6:00p.m. (e.g., 10:00 a.m. - 6:30 p.m.).

Section 14 – Lunch

An employee's lunch break normally should be taken between 11:00 a.m. and 3:00 p.m. An employee may not save any part of their lunch break so as to shorten their workday, or to extend subsequent lunch periods.

Section 15 – Time Reporting

The Employer will not require employees to sign in or sign out while working approved Work Schedules or earning/using credit hours. Instead, the Employer will use its time and attendance system to record, certify, and report time and attendance.

The Employer may impose additional time reporting requirements on an employee who consistently arrives late and/or leaves early after being warned by the Employer to correct the problem. If the problem is not corrected, the Employer will inform the employee in writing of the additional requirements.

Section 16 – Reports

Within ninety (90) days of the end of each fiscal year, the Employer will report to the NTEU the following information for all bargaining unit employees:

1. Name

2. Unique EIC Number

3. Division/Office/Regional Office;

4. position/series;

5. grade;

6. type of compressed, SEC-flex, or non-conforming flexitour work schedule;

7. Pay Period Week 1 Hours; and

8. Pay Period Week 2 Hours.

In addition, the Employer will provide the Union with other information in accordance with Section 7114 of the Labor Management Relations Statute.

Section 17– Non-Traditional Schedules

The Parties agree to establish an exploratory committee to consider, and then bargain over, non-traditional work scheduled as identified by the Employer.