Congress
Asks NRC 18 Telework Questions
Congressional Letter to
Chairman Klein
NTEU Asks the
NRC for the List of 2500 Eligible Telework Positions
Union Information Request
NRC Response to Congressional Telework Questions
NTEU negotiated the expansion and formal telework policy at the NRC over six
years ago through collective bargaining. NTEU was not invited to
participate in the development of the answers to Congress below. NTEU
questions the agency's inflated eligible positions reported in the answers to
question 5 and 8. NTEU comments
in blue below are not included in the actual letter to Congressman Waxman.
See Article 54 (Flexiplace) of the NTEU/NRC Collective Bargaining Agreement for
the agency's negotiated telework program and complete policy.
CBA link: www.NTEU208.org//cba2005.htm
May 30, 2007
The Honorable Henry A. Waxman [?] Chairman, Committee on Oversight and
Government Reform United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of May 7, 2007, requesting information about telework programs at the NRC. Specific responses to your questions are provided in the enclosure to this letter. This information was also provided to the Office of Personnel Management in March 2007 as part of the “Call for Telework Data 2006.”
As you may know, the NRC recently received the top score among large Federal agencies in the “2007 Best Places to Work in the Federal Government” rankings prepared by the Partnership for Public Service and the American University Institute for the Study of Public Policy Implementation. The NRC’s telework program is a major contributor to the agency's ranking as the “Best Place to Work in the Federal Government.” The flexibility provided by the telework program allows NRC employees to work one or more days a week from home, improving both the efficiency and effectiveness of the agency and the morale of NRC employees. The Commission and Senior Management actively support the telework program and routinely encourage the staff to participate.
As the Commission plans for the future, we expect to recruit 400 new employees annually over the next few years to offset expected retirements and to ensure that the NRC has the workforce necessary to review nearly twenty applications for new reactor licenses expected to begin arriving this fall. Recruiting top-tier, highly skilled employees needed to accomplish NRC’s mission is a major NRC priority, and NRC Senior Managers are committed to ensuring that the agency remains responsive to employee needs and that the NRC workforce remains innovative and effective.
To further enhance the telework program, the NRC recently established a Telework Working Group to examine agency needs related to telework in the areas of information technology infrastructure, information security, and budget and facilities, and to develop recommendations that address current and continuing telework objectives. Once the group’s work is complete, NRC management will review the recommendations to identify enhancements to the telework program, including possible expansion. The NRC is committed to improving its telework program and making it available to as many employees as possible.
Please contact me if you have any questions.
Sincerely,
/RA/
Dale E. Klein
Enclosure: As stated
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Identical letter sent to:
The Honorable Henry A. Waxman [?] Chairman, Committee on Oversight and
Government Reform United States House of Representatives Washington, D.C. 20515
The Honorable Danny K. Davis Chairman, Subcommittee on Federal Workforce, Postal Service, and the District of Columbia Committee on Oversight and Government Reform United States House of Representatives Washington, D.C. 20515
The Honorable Kenny Marchant Ranking Minority Member Subcommittee on Federal Workforce, Postal Service, and the District of Columbia Committee on Oversight and Government Reform United States House of Representatives Washington, D.C. 20515
The Honorable Tom Davis Ranking Minority Member Committee on Oversight and Government Reform United States House of Representatives Washington, D.C. 20515
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NRC RESPONSE TO QUESTIONS FROM U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DATED MAY 7, 2007,
REGARDING NRC’S TELEWORK PROGRAM
The information provided in response to the following questions was also provided in March 2007 to the Office of Personnel Management (OPM) as part of their “Call for Telework Data 2006.” To collect telework information related to employee eligibility and staff participation rates, the NRC performs an annual survey of coordinators in each organization. The usage numbers for telework should be consistent with this data, as we do not see much fluctuation in the number of employees utilizing telework.
ELIGIBILITY QUESTIONS
QUESTION 1.
How does the agency define telework?
ANSWER
The NRC uses OPM’s definition. Telework is defined as “work arrangements in which an employee regularly performs officially assigned duties at home or other work sites geographically convenient to the residence of the employee.”
NTEU: Article 54 of the Collective Bargaining Agreement (CBA) is the agency policy document for telework. Article 54.1 defines telework by: “This article pertains to the implementation of a Flexiplace Program whereby participants are allowed to work at home or at other approved off-site locations. For the purposes of this article the terms “flexiplace” and “telecommuting” can be used interchangeably, and can include “work-at-home.”
NTEU: The agency telework webpage states: Telecommuting or teleworking (or "Flexiplace"), enables employees to do productive work away from the traditional office. Teleworking is a practical solution to environmental and other quality of life issues, as well as work life challenges. NRC offers the following options for telework:
QUESTION 2.
What criteria does the agency use to determine whether an employee is eligible to telework? Do employees have to meet any specific requirements before becoming eligible for telework?
ANSWER
The NRC maintains a fixed-schedule telework program (Flexiplace). Flexiplace work schedules can be established on a long-term (fixed) basis or on a short-term (project) basis.
Participants in the Flexiplace program on either a fixed or project basis must be on a permanent appointment upon entry into the program as well as maintain a performance rating of at least "fully successful" in all critical elements of their performance appraisals while participating in the program. Participants must also, regardless of performance rating, demonstrate and maintain acceptable work habits, conduct, and adherence to agency policies to justify participation.
In addition, positions eligible for the fixed-schedule Flexiplace Program are limited to those: with duties that are portable for a minimum of one day per week; * that can be effectively performed outside of the traditional office setting; * that are quantifiable or measurable (e.g., project-oriented deliverables); and * where an employee’s absence from the work site does not unduly interfere with the efficient operation of the organization (e.g., office coverage).
NTEU: The agency answer is exact language from the Collective Bargaining Agreement, Article 54.5 (Participant Eligibility) and 54.4.1 (Position Eligibility).
QUESTION 3.
How does the agency determine whether an employee is eligible? Is it determined on a case-by- case basis or based on an employee’s position or category of employment?
ANSWER
Information regarding an NRC employee’s eligibility to participate in the Flexiplace Program is provided in response to Question 2.
NTEU: Question 2 asks for criteria and Question 3 (not answered) asked how the criteria is applied. The consistent and fair application of a program by many different managers throughout the agency in different geographic locations is an important implementation issue. The agency does not permit employees full appeal rights under the grievance procedures for denial of tele-work.
QUESTION 4.
Are any categories of employees excluded from eligibility and if so, which ones and why?
ANSWER
Managers and supervisors are excluded from participation in the fixed-schedule Flexiplace Program. In addition, other positions generally excluded from the fixed-schedule Flexiplace Program would include those: that routinely or regularly deal with classified or sensitive documents or information; that are site specific; that require frequent or regular access to equipment or material that cannot be moved from the office setting; or that require frequent or regular face-to-face interaction with others.
NTEU: The agency answer is exact language from the Collective Bargaining Agreement, Article 54.4.2.
QUESTION 5.
Please provide the current number of agency employees, including how many are full-time employees and how many are part-time employees. How many employees are eligible for telework?
ANSWER
As of April 28, 2007, the NRC consists of 3,345 permanent, full-time employees. Additionally, the NRC has 100 employees in permanent part-time positions. Any employee whose job responsibilities and performance satisfy the requirements described in the response to Question 2 may participate in the NRC’s fixed-schedule Flexiplace Program. The NRC does not maintain a specific accounting of the number of positions eligible for the program.
NTEU: NRC has keep an accurate accounting of positions by the documents referenced below. As recent as January of 2007, a manager issued an internal memo documenting the eligibility of 4 positions. NTEU questions the agency statement that a "specific accounting of of the number of positions eligible" is not maintained as shown by the referenced documents below.
Documents Establishing
Eligible Positions at the NRC:
NRC Commission directed: "identify specific jobs or job categories
that are sufficiently portable to warrant consideration for such a long term
work-at-home program."
Memorandum-SECY-93-215 (Chilk/Taylor), 9/8/93
Human Resource Director
stated: "you were requested to evaluate the duties of all permanent
positions in your respective organizations and identify those that would be
potentially eligible for "fixed schedule" telecommuting...to date,
approximately 1000 positions, about 36% of the agency's permanent
positions, have been identified as eligible for "fixed schedule"
telecomuting."
Memorandum-Bird/Office Directors and Regional Administrators, 1/29/02
Human Resource Director
requests: "Approximately how many additional positions within your
organization would be suitable for Flexiplace for at least 1 day per week if the
program were expanded to include positions not currently identified for
participation in Flexiplace?"
Memorandum-Bird/Office Directors and Regional Administrators, 7/16/04
NRC Executive Director of
Operations reports: "The NRC currently has approximately 1000
positions approved for fixed basis flexiplace...the offices and regions
identified about 130 positions that they would be willing to consider
adding to the fixed basis flexiplace program."
Memorandum-Reyes/Office Directors and Regional Administrators, October 7,
2004.
Human Resource Director states:
"attached is a report on the number of positions identified for and the
number of employees currently participating in the NRC's regularly scheduled
flexiplace program.
Number of Positions Approved for Regularly Scheduled Flexiplace Program: 1018
Memorandum-Bird/Commissioner Merrifield, 12/2/04
QUESTION 6.
How many employees are excluded from eligibility? Of those, how many are excluded because they fall into an excluded category and how many are excluded based on an individual reason (i.e., performance)?
ANSWER
Although the NRC does not maintain a specific accounting of employees who are ineligible for participation in the Flexiplace Program, we estimate there are approximately 850 employees excluded from eligibility due to their job responsibilities. Please see response to Question 2 for an explanation of positions eligible for the NRC’s fixed-schedule Flexiplace Program. At this time, we have no exclusions based on performance.
NTEU: Very few if even any, NRC employees receive less than a Fully Successful performance rating. This question asks for exclusion for individual reasons listing performance as only an example. Other than performance, the other individual exclusion reasons are to demonstrate and maintain acceptable work habits, conduct, and adherence to agency policies.
The Agency's answer to question 6 shows more eligible positions than eligible employees. Thus there may be exclusions based these other individual exclusion criteria to account for the fact that there are 500 more eligible positions than there are eligible employees.
QUESTION 7.
What specific measures, if any, are taken to make employees aware of the agency’s telework program?
a. Are eligible employees notified individually of their eligibility to participate?
b. If so, how are the employees notified?
ANSWER
The NRC maintains a Telework Web Page on our internal website for employees with information about telework and how to apply for the Flexiplace Program. The NRC does not individually notify employees of their eligibility to participate. Instead, we encourage an open dialogue between first-line supervisors and their staff regarding whether an employee meets the requirements for participation in the program.
QUESTION 8.
How many agency employees are in positions eligible for telework?
a. Of those, how many employees are eligible for telework?
b. How does the agency measure the number of eligible employees?
ANSWER
The NRC estimates that currently there are 2,500 staff positions eligible for telework. Of those, an estimated 2,000 employees are eligible for telework based on our requirements for participation in the fixed-schedule Flexiplace Program. To measure the number of eligible employees, the NRC performs on an annual survey of telework coordinators in each organization.
NTEU: At the end of 2004, the NRC had 1018 eligible positions. There has been no communications to employees or their Union of an increase in this number to 2500. The documents referenced in Question 5, show the detailed past efforts the Agency has made to expand and document the eligible positions to 1018.
NTEU: Having 2500 eligible positions with only 2000 eligible employees could be interpreted that 500 ineligible employees are in a position that is ok for work-at-home but they themselves are not ok. The 500 ineligible employees could have then been denied telework due to the "Participant Eligibility" requirements of the Collective Bargaining Agreement, Article 54.5. Participant Eligibility is based upon performing fully successfully, demonstrating and maintaining acceptable work habits, conduct, and adherence to agency policies. NTEU views it extremely unlikely that 500 NRC employees could be categorized so negatively.
QUESTION 9.
Are agency employees permitted to telework if they are on an alternative work schedule? For example, if an employee is on a flexible or compressed work schedule, can the employee also telework?
ANSWER
Yes. The NRC does not restrict an employee’s participation in the fixed-schedule Flexiplace program based on their participation in a compressed work schedule.
NTEU: Some agency managers in the past, called for no work-at-home in the week of a compressed day off. This basically restricted employees on compressed work schedule.
PARTICIPATION QUESTIONS
QUESTION 10.
How does the agency measure the number of employees actually teleworking?
ANSWER
To collect telework information related to staff participation rates, the NRC performs an annual survey of coordinators in each organization.
QUESTION 11.
How many agency employees telework?
a. OPM defines core telework as “telework that occurs on a routine, regular, and recurring basis away from an employee’s principal place of duty . . . one or more days per week.” How many employees are core teleworkers? Please provide the average number of days per month that employees telework on a core basis as well as the total distribution of days that employees telework per month on a core basis.
b. How many employees are situational (non-core) teleworkers? Please provide the average number of days per month that employees telework on a situational basis as well as the total distribution of days that employees telework per month on a situational basis.
ANSWER
Based on the most recent survey completed, the NRC estimates that 250 employees are participating in the Flexiplace Program on a fixed-schedule basis. Of those 250 employees, 235 telework 1 or 2 days each week and the other 15 telework 3 or more days a week. In addition, although we do not maintain a specific accounting of participation rates in the NRC’s Flexiplace Program on a project basis, we know from first-line supervisors and employee feedback that this is a very popular option. Many employees feel that the project-based approach provides added flexibility to adjust their schedules when projects that are highly conducive to telework are received. Given the flexibility with which supervisors and employees use the project-based approach to accomplish the NRC’s mission, we do not attempt to track its usage. We instead focus our attention on promoting its use and encouraging supervisors and employees to identify appropriate projects that can be completed while teleworking.
BARRIER QUESTIONS
QUESTION 12.
What efforts is the agency taking to identify barriers to telework? What barriers have been identified?
ANSWER
To enhance further our telework program, the NRC recently established a Telework Working Group to examine agency needs related to telework in the areas of information technology infrastructure, information security, budget and facilities, and to develop recommendations that address current and continuing telework objectives. Once the group’s work is complete, NRC management will review the recommendations to identify enhancements to the telework program, including possible expansion.
NTEU: The agency is planning to implement a new program to limit home access to the agency network that would prevent employees with dial-up computer modems at home from reading their work email. The agency is also now proposing to tighten up the security of information at home by limiting the type of documents that can be placed on a home computer.
QUESTION 13.
What specific measures have been taken to overcome those barriers?
ANSWER
As described in the response to Question 12, once the Telework Working Group completes its review of the NRC’s Flexiplace Program, including the identification of any barriers, NRC management will review the group’s recommendations to identify enhancements to the program that will include minimizing any barriers to employee participation.
QUESTION 14.
What efforts are being made to address any management resistance to telework?
ANSWER
While the NRC believes that our management is very supportive of the Flexiplace Program, one of the goals of the Telework Working Group is to identify any telework barriers, including potential management resistance. If the working group identifies that such a barrier exists, NRC management will review the working group’s recommendations and make appropriate changes to minimize or eliminate this barrier.
NTEU: The agency has denied participation on the Telework Working group to NTEU who is the bargaining unit employees exclusive representative. NTEU first negotiated telework for employees by adding Article 54 to the Collective Bargaining Agreement.
QUESTION 15.
Is agency management required to receive telework training? If so, what type of training is required and who is required to receive the training?
ANSWER
The NRC does not require managers and supervisors to receive telework training. However, we do offer the OPM online training courses, “Telework 101 for Employees” and “Telework 101 for Managers,” to interested managers and employees. NRC Senior Management continues to communicate the need to support telework across the agency, both verbally and in writing.
CONTINUITY OF OPERATIONS PLANNING QUESTIONS
QUESTION 16.
Has the agency incorporated telework into its continuity of operations planning? If so, how has telework been incorporated?
ANSWER
Telework is being incorporated into our continuity of operations planning. The NRC recently added a Telework Annex to our Continuity of Operations Plan.
QUESTION 17.
Has the agency performed a demonstration exercise using telework as a component of continuity of operations planning? If so, did the exercise incorporate telework opportunities for both essential and nonessential personnel?
ANSWER
At this time, the NRC has not performed a demonstration exercise; however, we may consider it in future exercises.
QUESTION 18.
Has the agency actually used telework to respond to an emergency? What was the situation and how was telework utilized?
ANSWER
Fortunately, the NRC has not had a need to use telework to respond to an emergency because we have not had an emergency.
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