AFGE Local 1309 Home Page Library Contract Table of Contents

ARTICLE 17

WORKWEEK, HOURS OF WORK AND SCHEDULES

  1. GENERAL. The work week, hours of work and scheduling will be in accordance with this Article and the USGS Alternative Work Schedule Handbook. Employees may choose to work under the guidelines provided in this Article for either maxiflex, gliding, or compressed work schedules.

  2. MAXIFLEX. Under these guidelines, Employees in the Reston Library may elect to work a schedule which allows them to better balance their personal and professional responsibilities within the parameters of maxiflex as outlined below. These guidelines apply to all bargaining unit Employees assigned to the Reston Library. Maxiflex allows a flexible work schedule identified as an Alternative Work Schedule (AWS) containing core time on less than ten (10) workdays within the biweekly pay period. Employees must fulfill each biweekly work requirement, but may vary the number of hours worked each day and each week to allow for up to two (2) days off per pay period.

    1. Performance Requirements. The mission requirements and organizational goals and objectives of the Reston Library, as well as the established performance expectations of individual Employees, must continue to be met under the alternative work schedules allowed by these guidelines. If at any time during Employee participation, organizational effectiveness, productivity or efficiency suffer as a result of the maxiflex schedule, management may restrict the flexibilities or terminate the use of maxiflex as necessary.

    2. Biweekly Work Requirement. Full-time Employees must work or account for by leave, credit hours or compensatory time off a total of eighty (80) hours each biweekly pay period. Part-time Employees must work or account for by leave, credit hours, or compensatory time off the total number of hours designated by their work schedule each biweekly pay period. The basic work week is Monday through Saturday, with the following restriction: Employees must satisfy their basic biweekly work requirement with work performed on Monday through Friday. Work performed on Saturday is limited to voluntarily earning credit hours or performing officially ordered and approved overtime/compensatory time. (Note: Due to timekeeping procedures, time worked on Saturdays (other than for overtime/compensatory time) may in some cases be "credited" as regular time).

    3. Length of Work Day. The workday may begin as early as 6:00 a.m. and end as late as 7:30 p.m. Unless performing officially ordered and approved overtime, Employees may choose to work a maximum of twelve (12) hours per day. Normally employees will only work 12 hours per day on an intermittent basis or to earn credit hours.

    4. Core Time. Core time is established under the USGS AWS Handbook guidelines. Core time may be established on either an individual or work unit basis. All Employees must be present at work during core time or must take leave, credit hours or compensatory time off. Alternative work days off will normally be on Mondays and Fridays with prior supervisory notification. Employees may begin and end their workday within the flexible time bands without further restrictions and may also extend their thirty (30) minute uncompensated lunch period with prior supervisory notification, as long as they complete their daily work requirement or biweekly work requirement if not on a consistent schedule, or obtain supervisory approval to account for absent time with leave, credit hours or compensatory time off.

    5. Rest Breaks. Rest periods of fifteen (15) minutes will be provided for each four (4) hours of work. Employees remain in a duty status during rest breaks. Rest periods cannot be accumulated for later use, and will not be used to lengthen the lunch period, to start work later, or to end the tour of duty earlier.

    6. Credit Hours. Credit hours may be earned only when the Employee has met the basic biweekly work requirement and circumstances warrant the additional work such as meeting deadlines, reducing backlogs, increasing productivity and efficiency, etc.

      (1) Credit hours require supervisory approval before they may be worked or used as time off; may only be earned within the time parameters of the basic workday and within the basic workweek of Monday through Saturday; must be earned in no less than fifteen (15) minute increments; and earned in advance of taking the time off. Working credit hours is voluntary on the part of the Employee and does not accrue an entitlement to pay for overtime (premium pay). To be entitled to premium pay, the work in addition to the Employee’s basic work requirement must be ordered and approved overtime or compensatory time.

      (2) With written supervisory approval, Employees may voluntarily work up to twelve (12) hours on Saturday. Maxiflex regulations require that Employees first work their regular eighty (80) hours (or part-time work requirements) before earning credit hours. Therefore, employees working on the first Saturday of a pay period, agree to work or account for by leave, credit hours, or compensatory time at least the same number of hours during the second week.

      (3) A maximum twenty four (24) credit hours may be earned in each biweekly pay period for both full and part-time Employees. Full-time Employees may carry over a maximum of twenty four (24) credit hours from one pay period to the next. Part-time Employees may carry over no more than 1/4 of the hours in their biweekly work requirement.

      Employees are responsible for monitoring their credit hour balance and insuring the maximum carry over balance is not exceeded. Credit hours in excess of the maximum carry over allowance are forfeited and do not confer any entitlement to pay. Unofficially maintained balances and arrangements "off the record" are prohibited by law.

    7. Holidays. Pay for holidays under Maxiflex is limited to eight (8) hours by law.

      (1) Employees working a consistent schedule, when a holiday falls on the Employee’s AWS day off, the employee will take the day before the holiday if it falls on a Friday, and the day after the holiday if it falls on a Monday. Full time Employees must then work (or account for by leave, credit hours or compensatory time off) nine (9) or ten (10) hours on all the other days in the pay period as applies. Part time Employees must work the days and hours necessary to complete the biweekly work requirement. If the holiday falls on a work day within the pay period, the holiday then becomes the Employee’s 8-hour day and all other scheduled workdays within that pay period become 9 or 10-hour days as applies.

      (2) Employees not working a consistent schedule - The Employee will receive eight (8) hours pay for the holiday, and must then work or account for by leave, credit time or compensatory time off the remaining hours of their biweekly work requirement.

      (3) In situations where an exception has been approved and the Employee is scheduled for an AWS day off other than Monday or Friday and the Holiday occurs on the AWS day off, the Employee and the supervisor should decide in advance which day (before or after the holiday day off) the Employee will take off for the AWS day off.

    8. Administrative Leave and Early Dismissal. When Employees are not required to report to work due to hazardous conditions such as inclement weather, and administrative leave is granted, Employees who are not on a consistent schedule will receive eight (8) hours. Employees who are on a consistent schedule will receive the number of hours scheduled for that day. If conditions warrant an early dismissal, Employees not on a consistent schedule will receive enough administrative leave that when added to actual time worked equals eight (8) hours. Employees who are under a consistent schedule will receive enough administrative leave that when added to time actually worked will equal the number of hours scheduled for that day.

    9. Travel, Conferences & Training Days while Actually Traveling. All related travel regulations apply. Management will make every effort to schedule actual travel during normal business hours of 6:00 a.m. to 7:30 p.m. Normally, eight (8) hours will be earned on these days. However, if actual travel time and work time exceed eight (8) hours, and with prior supervisory approval, the Employee may combine time worked with time spent traveling for up to ten (10) hours for that day. Employees cannot earn credit hours for time spent actually traveling from one destination to another.

    10. Crediting Time While Away from the Office on Travel, Attending Conferences or in Training

      (1) If the office the Employee is visiting is on an 8-hour schedule, it will be presumed that only eight (8) hours of work were available on the days spent visiting that office. However, it is not necessary to automatically revert to an 8-hour day schedule while on travel. For example, when attending training or a conference while on travel, if the scheduled and required sessions exceed eight (8) hours, you may claim up to ten (10) hours worked that day for time spent in attendance within the time parameters of the basic work day. If it becomes necessary for the Employee to revert to an 8-hour day schedule, the additional hours would be reported as credit hours.

      (2) After hours events such as cocktail hours, or "birds of a feather" sessions are not considered hours of work and may not be claimed as such. Commuting time to and from local training may not be claimed as hours of work.

    11. Time and Attendance Accounting Procedures. In order for the payroll system to properly credit Employees’ time and attendance, the Employer will make the necessary changes to the master personnel file.

      (1) Normal timekeeping procedures apply such as: daily attendance records are to be maintained in a convenient centralized location; Employees are to record on a daily basis, the exact starting and ending times of hours worked and absent including time away for extended lunch time; and, total hours worked should be calculated and recorded on the time and attendance record, on a daily basis, including credit hours earned or used, leave or compensatory time taken, and officially ordered and approved overtime or compensatory time worked.

      (2) Under maxiflex, credit hours do not accrue until the Employee has completed the biweekly pay period requirement. This does not affect the Employee’s flexibility to work credit hours, but makes a difference in the way credit hours are reported on the time sheet as follows:

      If the Employee’s schedule is:

      M T W TH F M T W TH F
      0 9 9 9 9 8 9 9 9 9


      but the Employee works this schedule:
      M T W TH F M T W TH F
      2 9 9 10 9 8 10 9 9 9
      the time and attendance record would show:
      M T W TH F M T W TH F
      2 9 9 10 9 8 10 9 9 5 + 4 CREDIT HRS.
    12. Guidance on Scheduling and Exceptions. Due to the service and support nature of our business, increased workload due to various reorganizations and new initiatives, and the number of FTE we are down, these proposals have been developed to allow for flexibilities in scheduling work while insuring maximum office coverage, safety and security practices and productivity are maintained. Employees are encouraged to work together to accommodate these organizational needs. Cooperation among Employees and dedication to maintaining effectiveness and efficiency are key to the success of maxiflex.

      (1) Supervisors and managers should support Employees in their exercise of the flexibilities by focusing on ways to make AWS work rather than reasons why it will not work. Employees should generally not be excluded, but rather their scheduling flexibilities limited to meet specific ongoing requirements. For example, if there is a safety or security requirement for two (2) people to be in a specific office during specific times, let Employees work together to come up with consistent individual schedules which will ensure that the safety or security requirement is met. Even in this example and after consistent schedules are set, there is nothing to preclude Employees from occasionally "trading" days off, or from shifting arrival or departure times to meet personal needs. Supervisors should be informed and should not disapprove the trade offs unless the accomplishment of the work of the office would be adversely affected or create an unacceptable safety or security condition.
      (2) Secretarial and administrative Employees who are responsible for reception duties and answering telephones should also not be excluded merely because of the perception that it is a requirement of their position that they be available for these duties on a daily basis. These Employees can also work together to set schedules and share telephone coverage and reception duties.
      (3) Conflicts involving the selection of days off or the number of or actual hours to be worked among bargaining unit Employees will be resolved in accordance with the terms of this Article.
      (4) Major issues which may arise due to the use of and schedules regarding maxiflex may arise and should be carefully analyzed to determine their exact nature and action should be taken accordingly.
      (5) Participation in maxiflex should not be used as a reward nor should exemption be used as discipline. Individual performance and conduct issues should be dealt with, as appropriate, under the provisions of USGS performance management guidance and the provisions of this Agreement.
    13. Exceptions - The first line supervisor (or person designated as "acting") with concurrence of the next higher level of supervision has the authority to exclude or restrict Employees from participating in maxiflex when work requirements make such exclusions or restrictions necessary. Reasons for exclusions should be consistent throughout the Reston Library. Bargaining unit Employees may grieve an exclusion under the negotiated grievance procedure.

      (1) The Employer will notify the Union when a bargaining unit Employee is excluded or restricted from fully participating in maxiflex along with the reasons.
      (2) Normally, Employees will be free to schedule their own work hours without a need for absolute consistency in the number of or hours worked per day, and the alternative work schedule day(s) off they select. However, where necessary for work related requirements, supervisors may require Employees to establish a consistent schedule such as selecting a specific day(s) off each pay period or a specific number of hours on certain days of the work week. Safety and security regulations may require certain groups of Employees to be exempted or restricted on a permanent basis. Otherwise, the requirement to exempt or restrict Employees scheduling flexibility should normally be temporary to meet deadlines, accommodate depleted staffing levels, required attendance in meetings or training, or special events.
      (3) In the case of personal emergencies and/or work priorities, supervisors may allow Employees to be on an AWS day off other than a Monday or Friday on a short-term basis to accommodate the need.
    14. Participation Procedures. All Employees must discuss their participation in maxiflex with their immediate supervisor, then complete the appropriate appendix to the USGS AWS Handbook.
  3. COMPRESSED WORK SCHEDULES. Employees may work either of the compressed work schedules described in this paragraph, with supervisory approval. All guidance contained in the maxiflex paragraph with regard to performance requirements, length of the workday, rest breaks, travel, conferences and training, scheduling and exceptions, available days off and participation procedures will also apply to compressed work schedules.

    1. Compressed 5-4/9. Employees on this schedule must work nine (9) hours on eight (8) days of the pay period, eight (8) hours on one (1) day of the pay period and will have one (1) AWS day off during each biweekly pay period. Employees must establish a consistent schedule by selecting the day off and the eight (8) hour day. Employees must also select a specific arrival time between 6:00 a.m. and 9:00 a.m. and must arrive at the selected time every day on which scheduled to work. Employees must then complete or account for by leave, compensatory time off, or credit hours in their existing balance, the number of hours scheduled for work on that day and the additional &#frac12; hour uncompensated lunch break.
    2. Compressed 4/10. Employees must work four (4) ten (10)hour days each week of the pay period, and must establish a consistent schedule by selecting the day off for each week and a specific arrival time as described in paragraph a above. The Employee must then work 10 and &#frac12; hours from the specified arrival time, which includes the &#frac12; hour uncompensated lunch break, for each scheduled work day.

    3. Holidays. Employees under the compressed work schedule will be paid for the number of hours up to ten (10) for which they were scheduled to work on the day on which the holiday falls. If the holiday falls on their AWS day off, they will take the day before the holiday if the holiday is on a Friday and the day after the holiday if the holiday is on a Monday. If an Employee has been allowed to have an AWS day off other than a Monday or Friday as an exception, the Employee and the supervisor will determine the AWS day off in advance. In all cases, the AWS day off must occur within the same pay period as the holiday.

    4. Leave. Employees must take leave or compensatory time off sufficient to cover the period of absence up to the total number of scheduled hours for that work day (up to ten (10) hours). Employees cannot switch their regular day off to cover absences.

    5. Administrative Leave. When administrative leave is granted, Employees will be authorized up to the number of hours for which they were scheduled to work on that day(s).

    6. Other Provisions. Under a compressed work schedule, Employees may not vary their arrival and departure times, flex lunch, earn credit hours or "swap" their AWS day off. Employees who have a credit hour balance at the time they elect to go on a compressed work schedule must use all of them, with supervisory approval, prior to beginning the compressed work schedule.

  4. SCHEDULE CHANGES. The Parties agree that schedules must occasionally be modified in order to meet official requirements such as meetings, training, task deadlines, or unusual circumstances. Notice of short-term or unusual work requirements which require an Employee to fix their arrival, departure and/or lunch times or change their AWS day off will be provided to Employees as far in advance as practicable. Employees will be notified in writing at least seven (7) days prior to the effective date of major changes to their work schedule such as the temporary or permanent suspension of AWS or shift changes, except where: (1) the Employer would be seriously handicapped in carrying out its functions; or (2) substantial additional expenses would be incurred by the Employer. Normally, Employees will not significantly change their schedule more often than quarterly.

  5. SHIFT/TOUR OF DUTY CHANGES. When the Employer decides to move an Employee from one shift or tour of duty to another, the following guidelines will be applied:

    1. When more than one equally qualified Employee is available, the Employer will first ask for volunteers for the shift or tour of duty change.

      (1) If there are more volunteers than needed, the Employer will offer the changes in seniority order until the need is met. (Seniority in all cases in this Article will be determined by the SCD date.)

      (2) If there are fewer volunteers than needed, the Employer will first assign those Employees who volunteered and will then assign Employees who are equally qualified in reverse order of seniority.

    2. The Employer agrees to make every effort to avoid frequent shift changes.

  6. GENERAL TIME AND ATTENDANCE RESPONSIBILITIES. In order for the scheduling flexibilities offered to employees to be successful, the Parties agree that Employees must cooperate in their selection of work schedules and application for leave, and must limit the use of unscheduled leave to the fullest extent possible.

    1. Employees must be scrupulous in their accounting for time worked and absences. Employees will record their arrival and departure times (including departure and return related to an extended lunch) on a sign-in/sign out sheet at the time they occur. The Parties agree that Employees will also record their time and attendance and other required information into any and all automated systems required by the Employer for the purpose of determining the appropriate cost of labor, products and services.

    2. Employees may obtain copies of their individual records of time and attendance or other records which are recorded in any software or electronic system upon request, and will receive any such records considered in the appraisal of their performance at the time they are provided their performance rating.

    3. If a change is made to an Employee’s records by an individual other than the employee which results in a change to the Employee’s pay or charges to the Employee’s leave, credit hour or compensatory time off balances, the Employee will be promptly notified of the change and the reason for it.

    4. All systems used will have adequate protection to ensure that the Employee’s privacy is protected in accordance with applicable provisions of the Privacy Act. Access to Employee records will be limited to authorized individuals. Any records used to substantiate leave abuse allegations will be provided to the Employee upon request.
    5. Supervisors are responsible for the proper monitoring of Employees’ attendance, adherence to procedures for the request and use of leave, and for proper recording of time and attendance related information. Supervisors are also responsible for effecting prompt and appropriate corrective measures in response to Employee neglect or abuse.

    6. The Parties agree that automated time recording systems will not be used as a time clock.
  7. RELIGIOUS OBSERVANCES. The Parties agree that Employees may make arrangements in accordance with law, regulation and the provisions of this Agreement, to earn credit hours or compensatory time for the purpose of then taking that time off in order to observe personal religious beliefs or obligations which require that the Employee abstain from work during specified periods of the normal workday or workweek.
  8. TRAVEL. The Employer will attempt to schedule travel during the regular work schedule of the Employee. Time spent away from an Employee’s official duty station in a travel status is considered hours of work for overtime purposes when the travel:

    (a) involves the performance of actual work while traveling;
    (b) is incident to travel that involves the performance of work while traveling;
    (c) is carried out under such arduous and unusual conditions that the travel is inseparable from the work; or
    (d) results from an event which could not be scheduled or controlled administratively, including travel by an Employee to such an event and the return of the Employee to his or her official duty station.

    The Employer will consider and will normally grant requests from non-exempt Employees who wish to stay an additional night to avoid more than three (3) hours of travel during non-duty hours. Requests from exempt Employees will also be considered. Impact of travel status on AWS is covered by the AWS guidance.

  9. FLEXIPLACE. The Parties agree to follow the guidelines in the USGS Flexiplace Handbook for work performed at an alternative work site.

AFGE Local 1309, PO Box 8262, Reston, VA 20195, USA
URL: http://www.afge1309.org
Contact: Local 1309 Webmaster
Last Modified: 14 September 2004 epd