Secretary McDonough’s recent email about implementing his 50 percent in-office requirement is a masterclass in how not to demonstrate integrity. McDonough’s new policy conflicts with an agreement he signed in August 2023, which, believe it or not, was supposed to last for three years. Specifically, Article 20, Section 6.C of our Master Collective Bargaining Agreement states:
The number of days an employee will work at an alternative worksite per week, pay period, or month will vary based on the specific arrangement made between the employee and the supervisor. Employees may telework as little as one day per month or as much as five days per week for full-time telework.
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How the 50 percent In-Office Requirement Contradicts Agreements
McDonough’s 50 percent in-office requirement blatantly contradicts this provision by imposing a mandatory minimum number of in-office days, thereby throwing the much-celebrated flexibility of our agreement out the window.
Integrity, the first word in our I-CARE values, seems to have taken a backseat to McDonough’s sudden case of buyer’s remorse. The cherry on top? McDonough’s notice was conveniently sent out after the All Employee Survey (AES), thus avoiding any immediate feedback and dissent from employees. What a clever way to maintain a spotless image!
Misleading Claims About Bargaining Obligations
To add insult to injury, the statement that the Department has fulfilled all bargaining obligations is downright misleading. The 50 percent in-office requirement goes beyond the scope of bargaining because, newsflash, we already negotiated Article 20, Section 6. But hey, who needs agreements when you can just change the rules on a whim?
The Importance of Trust and Agreements in the Workplace
Keeping promises is a necessary bedrock for trust, and trust forms the foundation of any workplace, particularly in an organization as vast and critical as the Department of Veterans Affairs, with over 400,000 employees. When leaders disregard established agreements, it undermines morale and casts doubt on their commitment to the well-being of the workforce they lead. Without trust, collaboration suffers, productivity dwindles, and the mission to serve our Veterans is compromised. It’s time for leaders to remember that honoring agreements isn’t just about legality; it’s about preserving the integrity and cohesion of our workplace community.
AFGE Local 17 Zoom Townhall Regarding 50 Percent In-Office Requirement
Questions From Our Town hall Answered
- Why am I the only one who must return to the office when the rest of my office is 100% remote?
Answer: McDonough’s stated goal is to allow employees to benefit from in-person interactions, which cannot be achieved with a fully remote team. Your situation highlights that the 50% in-office requirement is a political decision and not based on performance.
- While in arbitration, will this be on pause again?
Answer: Unfortunately, no. Local 17 believes we have a strong case, but the outcome with an arbitrator is always uncertain and may take up to a year for a decision. We may try to expedite the process by waiving a hearing and having the arbitrator decide the case on the parties’ briefs.
- Should we follow our managers’ instructions to be in the office or tell them no?
Answer: Please follow your manager’s instructions. The best approach is to “comply now, grieve later.” Non-compliance could result in a charge of insubordination. You may express dissent professionally without facing discipline. The exception to this rule is if the instruction could result in irreparable harm, such as imminent physical danger, which does not apply here.
- Does this mean we have to go back 50%?
Answer: Yes, please comply with your supervisor’s instructions. If any supervisor demands greater in-office attendance, please notify the Union. On the other hand, if your supervisor ignores McDonough’s directive by not requiring you to be in the office 50%, you will not be responsible for his or her insubordination.
- Doesn’t the Union have the video of VA Secretary signing the agreement and talking about how great the agreement is?
Answer: There should be videos or photos of the event. I recall seeing photos and may be able to share them.
- Will we have time to return to the office, for example, 1 month or 2 months?
Answer: According to McDonough’s email, implementation is expected to be completed in Quarter 4 of FY24, which means by October 1, 2024.
- If currently on a full remote agreement with home as the official duty location, is it now voided?
Answer: If your home is listed as your official duty station (ODS), your remote status should remain unchanged. McDonough’s email explains that the NCR includes all employees whose official worksites are at VA Central Office (VACO), located at 810 and 811 Vermont Avenue; 425 I Street; 1800 G Street; 1100 First Street; 801 I Street; 1575 I Street; and 7100 Landover Road, Landover, MD.
- Where will all these people returning to the office sit?
Answer: This is a significant concern as you may not return to your previous workstation. The Department must negotiate any changes to an employee’s workstation as it is a condition of employment. If you are assigned a different workstation, this could be an additional issue to address in arbitration.
- What will the Union agree to when an agreement is made?
Answer: The parties have already formalized an agreement. In August 2023, Secretary McDonough signed the Master Agreement. Article 20 states that the number of days an employee works at an alternative worksite varies based on the arrangement made between the employee and the supervisor. Employees may telework as little as one day per month or as much as five days per week for full-time telework. Article 20, Section 6.C.
- If working 100% from home, should the PD be changed to Remote Worker or can it stay as Telework 100%?
Answer: Refer to the answer in question #7. If your official duty station is not your home address, you will likely be affected by McDonough’s 50% in-office requirement.
