FCC, NTEU Agree on Reentry Plans

The agreed-upon reentry plan is divided into four phases, with the current, entirely remote work situation considered phase 1, and the FCC’s plan to allow employees to work from headquarters if they choose starting Dec. 1 (see 2111020067) deemed phase 2. Phase 3 will shift from the “maximum telework” policy but require the agency to provide a legitimate business reason to deny employee telework requests, and in Phase 4 the agency would be fully returned to its pre-COVID-19 operations. There are no dates for entering phases 3 or 4, though the MOU requires employees to receive 30 days' notice, so phase 3 couldn’t start before Jan. 1. The commission didn’t comment.

“This plan allows a safe return (which was a mutual priority) as well as some exciting transitional elements,” emailed Tracy Bridgham, president of the NTEU’s FCC chapter. “We are looking forward to improved labor relations,” she said. “The FCC needs to expand telework, and remote opportunities as well as workday flexibilities to recruit and retain its talent. These phases reflect an opportunity for that evolution.”

NTEU wants enhanced telework flexibility at the FCC to persist beyond the COVID-19 pandemic (see 2111050065), but the MOU doesn’t include changes to existing policies once phase 4 is reached. At least six months after the final phase takes effect, the union and agency will discuss possible further changes to the workplace and personnel rules, the MOU said. Proposals to change telework rules would involve further bargaining, the MOU said. The Office of Personnel Management last week issued a memo endorsing increased telework flexibility (see 2111150046), but a group of Republican senators recently wrote several agencies backing a return to in-person work (see 2111040062). "Federal guidance indicates it's time agencies give a serious look to expand telework and scheduling flexibilities,” Bridgham said. “We're hopeful the Parties’ agreement provides the path for implementing such long-term contract changes.”

The MOU indicates in-person work beginning Dec. 1 will still involve COVID-19 strictures. The agreement said the FCC will establish a centralized system to allow employees to see how many others will be in their unit on a given day, post signage on occupancy limits for shared spaces such as kitchens, and provide “three triple-ply, reusable cloth face coverings” to each staffer. Employees “will need to submit a notification of their intent to access FCC HQ on specific date(s) using an online portal,” said a memo emailed to all FCC staff. The MOU said the commission will optimize ventilation in the building in accordance with Centers for Disease Control guidelines, and provide information to employees about positive COVID-19 cases in agency facilities.

The MOU requires creation of a joint employee and management COVID-19 work group to meet during phases 3 and 4 and recommend additional safety measures.

Employees and others told us they welcome the chance to return to working in-person. “Allowing staff to work from the office at this point in the pandemic is the right decision,” said Matthew Berry, who oversaw the shift to remote work as then-FCC Chairman Ajit Pai’s chief of staff: “Each staff member should make the decision that is best for him and her given individual circumstances.” The agency “has been very productive during the pandemic, and staff has done an excellent job while working remotely,” Berry said.