Memorandum of Understanding Between San Francisco Bay Area Rapid Transit and AFSCME Local 3993 (MOU 23-01)

RE: AFSCME Alternative Work Program

AFSCME has contract language outlining the terms of remote work in Section 10.2 of its Collective Bargaining Agreement (CBA). 

The Parties agree to the following:

1. Eligible AFSCME employees will be allowed to work remotely up to two (2) full days per week.
2. AFSCME employees with Remote Work Plans shall receive flexible remote work days each calendar year as specified below:
   1. 2023, 6 flex remote days
   2. 2024, 18 flex remote days
   3. 2025, 12 flex remote days *New amendment to allow use of all 12 Flex Remote Days throughout the calendar year (May 2025)*
   4. 2026, 12 flex remote days
   5. Jan 1–June 30, 2027, 6 flex remote days (Contract expires on June 30, 2027).
   6. These flex remote days must be requested in advance and approved by the supervisor or manager. 
   7. These days must be taken in full-day increments.
   8. Flex remote days cannot be rolled over into the following year. 
   9. If an employee is required by their manager to report to work on one of their flexible workdays, it will not count against their allotment. 
   10. A supervisor or manager shall act reasonably and in good faith when deciding to approve a request for flex remote day.
3. AFSCME agrees that represented employees working remotely will:
   1. Enter relevant TRC codes on their timesheet. 
   2. Work remotely from an approved work location, such as (1) their assigned home address, (2) in the state of California within a reasonable distance that will allow the employee to report to work, if needed. 
   3. Maintaining a work-like atmosphere while working remotely. 
   4. Adhere to remote workdays stated in their Remote Work Plan
4. An Employee's Remote Work Plan may be suspended up to ninety (90) days for non-compliance of this agreement. 
5. Remote work for new hires in their probationary period is allowed after ninety (90) days, without the approval of an Executive Manager.
6. Promotive hires (promotions) into remote work positions may maintain their current remote work arrangements. 

AFSCME Remote Work Plan

The AFSCME remote work plan is now submitted through EmployeeConnect. The Employee Acknowledgments detail criteria an AFSCME member will agree to, such as participating in unscheduled meetings or events, remaining available by phone and email, and other working conditions. Failure to comply may result in a 90-day suspension of a member's remote work plan.  

How to submit a Remote Work Plan

After February 23, 2026, for AFSCME members who are remote work eligible, please log into EmployeeConnect to enter your plan.

• Path: ess.bart.gov > Benefits > Remote Work Program > Remote Work Enrollment

• AFSCME is the only bargaining unit that allows members to request a change to their schedules at any time through agreement with their manager.