Originally Posted by: ashulein 
Originally Posted by: TheAmerican
She started teleworking with everyone else with no issues - for over 2 years - until yesterday where she received a contact memo from Labor Relations, basically citing IRC 6502(a)(2) that due to having 5 or more days AWOL in a calendar year, she is PERMANENTLY revoked from every teleworking ever again. It seems OPM's view that this is permanent, not that the statute states this specifically. It also cites either a suspension or downloading pornography/child pornography is the candidate from being barred from teleworking forever. What kind of ridiculous interpretation is this? Is there any recourse for her? She says the suspension paperwork makes no mention of a teleworking ban because teleworking did not exist yet for her job title!
http://nteuchapter72.org...2-National-Agreement.pdfPage 216- J
I believe this is what they are referencing based on how you are describing the scenario. "indefinitely when the alternative discipline agreement takes the place of a suspension." I don't know if it is correct but this really may be a matter of Labor Relations misinterpreting the contract (clearly she was not granted an alternative discipline agreement since she was, in fact, suspended) ... certainly something worth asking your union steward about since it may (or may not) be grievable.
Page 268- J
This goes over dispute resolution... which states "The Employer will place in writing its decision to deny a Telework request and provide the written decision to
the employee. Within ten (10) workdays of the employee’s receipt of the written decision to disapprove the request for Telework, the Union and/or employee may file a request for reconsideration of the denial to the first level Executive or designee in the employee’s chain-of-command." Assuming your friend is still within 10 workdays of the denial they really might want to speak to a steward and pursue reconsideration.
Hope that helps!
Yes, we have multiple fronts to fight this on, thank you for that, it's been just a few days.
One option is to appeal directly to the directorate and see if there's flexibility there.
Secondly, the union. The problem with our union chapter is that we cannot reach them. Phone number goes to voicemail, the chapter president does not respond to email, and we attempted the NTEU website and they redirect back to the chapter with the same phone number and email.
Thirdly, I believe this may fall under a Merit Systems Protection Board (MSPB) appeal, one of the criteria under their jurisdiction is 'OPM suitability eligibility'. OPM is saying she is not suitable, not her directorate, since the contact memo came from Labor Relations.
Fourth, their Nov 2021 Teleworking guidance is incorrect. OPM states that teleworking eligibility is permanently revocable due to a record of an adverse action if it is on the right side. However, adverse actions are a OPM-GOVT 3 file. Their published guide, The Guide to Personnel Recordkeeping, does not state a record of adverse action goes on the right side, additionally, the OPM-GOVT 3 file must be disposed of no less than 4 years and no greater than 7 years. Therefore, she should have a clean record 4-7 years from the date of the adverse action, regardless of the outcome. That is to say, her adverse action should typically have a disposal date, she is still attempting to access her eOPF to find that out.
The only materials that belong on the right side are who you are, your military records, and hiring/end/resumption dates, certification for eligibility for Veteran's preference (and other military records), basis for rating in a civil service examination, background investigation completion, nothing regarding adverse or punitive actions that I could find..
https://www.opm.gov/poli...keeping/recguide2011.pdfEdited by user Thursday, April 14, 2022 12:31:22 AM(UTC)
| Reason: Not specified
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