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. 

10.2 Alternative Work Program (AFSCME Collective Bargaining Agreement)

A. The District has established an Alternative Work Program (“Program”) that allows an employee to voluntarily work their assigned work days or a portion thereof remotely.

B. Permission to participate in the Program must be approved by the employee’s immediate supervisor or Department Manager and Executive Manager. Management will not unreasonably deny the employee’s request. If denied, the manager shall provide justification for the denial to the employee.

C. Management and the participant shall create a schedule that conforms to the work days and work week as set forth in the CBA.

D. In order to maintain accountability and ensure work efficiency, management and the participant shall develop a written work plan which contains metrics and deliverables for which the participant is responsible while participating in the Program. This written work plan is subject to change by management, in consultation with the participant, from time to time as needed.

E. Participant shall remain available by phone, pager, or e-mail during the work hours established between management and participant.

F. Participant shall furnish and maintain all computer and workstation equipment. Management may incur additional costs if they require specialized equipment or software. Any such additional costs must be approved by the Manager of Human Resources.

G. No District work, functions or assignments shall suffer or become less productive as a result of an employee’s participation in the Program.

H. To ensure uninterrupted service delivery and operational efficiency, participating employee should make any necessary arrangements for scheduled and unscheduled meeting or events that might occur during the work week.

I. In the event it becomes necessary to suspend or alter the Program, every attempt shall be made to provide the participating employee with reasonable notice.

2023 Opinion and Award - BART — AFSCME — Remote Work Arbitration Summary

1. "The June 11, 2021, Memorandum builds on the CBA foundation. It represents a collaborative effort between management and union to adapt the remote work program to the new COVID and post-COVID reality...it represents a binding set of guidelines for management."

2. "The CBA phrase 'Permission to participate in the Program must be approved by the employee's immediate supervisor or Department Manager and Executive Manager' has been clarified by the designation of a classification list. Employees in those classifications are, by default, considered eligible for remote work by Executive Management."

3. "Eliminating or curtailing an employee's remote work arrangement is not an option available to management without going through required procedures that allow the employee to contest the determination."

4. "...the arbitrator expects that both parties will use the guidance contained in this decision to inform their future dealings with remote work disputes in the AFSCME unit."