FCC to Allow Staff to Work From HQ Starting Dec. 1

The agency is in active negotiations with its employee union -- the National Treasury Employees Union -- about a reentry plan, the memo said. More information will be provided to FCC staff “as we finalize agreement with Union representatives,” the memo said. The Dec. 1 timing is connected with the progress of union negotiations and OMB’s “direction to all federal agencies for an effective, orderly, and safe increased return of Federal employees and contractors to physical workplace,” the memo said.

"NTEU applauds the FCC’s continuation of mandatory telework up through November 30," emailed Tracy Bridgham, president of the FCC's chapter of the NTEU. She said the union is in its "final days" of bargaining with the FCC. In a mid-October survey of the FCC's NTEU staff, 90% of respondents said they prefer having the option to telework at least three days a week, she said. NTEU also met with several hundred employees in October and provided an overview of the most likely return scenarios, she said: "We will follow-up with employees and provide another meeting as soon as possible once an agreement is signed." The union is bargaining with the agency both on the immediate reentry plan and telework policies, she said. "Generally, we are anticipating an expansion of telework consistent with federal guidance," said Bridgham. Chairwoman Jessica Rosenworcel's office "has been receptive to our input since her temporary appointment began, which we fully appreciate," Bridgham said.

To be fully vaccinated by the Nov. 22 federal deadline, employees must receive their second COVID-2 dose by Monday. The FCC declined to comment on plans for unvaccinated employees. “Federal employees must be fully vaccinated, except in limited circumstances where an employee is legally entitled to a reasonable accommodation,” said guidance on agency safety principals from the White House’s Safer Federal Workforce Task Force.

FCC staff will get at least 30 days' notice before a required return to the office or a change from the maximum telework policy, the memo said. Agencies must complete plans for reentry and post-reentry, update a COVID-19 workplace safety plan based on CDC guidelines, give staff “ample notice” and “satisfy any applicable collective bargaining obligations,” said a June 10 OPM memo (see 2107130038). One FCC employee told us he’s confident the return to work will be safe for employees, and he’s “excited to check out the new building” (see 2006290034).

The shift to maximum telework also is the end of the agency's operating under an “evacuation order,” which was the framework the FCC and other federal agencies have been operating under during the pandemic shutdown. “While excused absence under the evacuation pay regulations will no longer be available, the pandemic hours-of-work and credit hours flexibilities will continue,” the memo said.

The FCC wouldn’t comment on whether the shift to allow in-person work would also lead to in-person ex parte meetings or commissioners’ meetings. Communications attorneys told us they had adjusted to virtual meetings with FCC staff, but occasional in-person contact would be welcome. “There are some things you can’t accomplish over email or even Zoom,” said broadcast attorney Anthony Lepore. He said that since the pandemic began, he has been unable to access records on AM radio filings that exist only as hard copies.

"It’s remarkable how readily everyone adapted” to virtual meetings, said Covington & Burling attorney Gerard Waldron, adding it would be great to resume physical meetings with staff if that becomes an option. He said some meetings will likely continue to be virtual even once the FCC fully returns to the office. It wasn’t uncommon for some attendees to call in to meetings with agency staff before the pandemic, he noted: “It’s always been a hybrid."