MEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE UNITED STATES DEPARTMENT OF LABOR 

AND 

THE NATIONAL COUNCIL OF FIELD LABOR LOCALS, AFGE, AFL-CIO 

Introduction 

This Memorandum of Understanding (MOU) is between the U.S. Department of Labor (DOL) and the 

National Council of Field Labor Locals (NCFLL), AFGE, AFL-CIO in accordance with the applicable 

provisions of the DOL/NCFLL National Agreement. 

Background 

In March 2020, DOL entered a maximum telework posture due to the Coronavirus/COVID-19 global 

pandemic health emergency. Large portions of DOL staff therefore have been in this telework status or 

weather & safety leave status since March 2020. 

On July 2, 2021, DOL provided the NCFLL notice with the Reentry Phases and Policy Direction on 

transitioning employees to return to on-site operations. The NCFLL requested bargaining on July 9, 

2021. 

In order to navigate the ever-changing landscape of the COVID 19 pandemic, both DOL and the 

NCFLL are committed to transparency, flexibility and collaboration. We do this in order to protect the 

safety and health of our employees, while continuing to achieve the mission of DOL. 

Subject 

This MOU concerns appropriate arrangements for the DOL Reentry Phases and Policy Direction. 
Terms of Agreement 

The parties agree to the following: 

1. Return to Duty Station 

a. Subject to mission critical needs, employees may request to defer their reentry until Phase 

3. Employees may volunteer to reenter beginning in Phase 1, subject to mission needs 

and occupancy rates: 50% for Phase 1 and 75% for Phase 2. 

b. The occupancy percentage rates for each of the phases only apply to DOL sites. 

Employees who fall into one of the phase categories may be required to reenter onsite 

work at third party locations (e.g., investigation and inspection sites). 

c. Supervisors will give due consideration to delays of more than 15 minutes in reporting to 

the office that are caused by occupancy limitations in elevators. Employees must notify 

their supervisors of such delays as soon as practicable. 

d. In instances when a DOL employee must meet in-person with a visitor in a DOL 

worksite, all parties must follow masking, physical distancing, and occupancy 

requirements. Employees must request and receive advance approval from their 

supervisor to hold the in-person meeting and provide pertinent information, such as the 

number of attendees, location of meeting, etc., in advance, such that the supervisor can 

ensure the overall work space is in compliance with DOL workplace safety protocol. 

Walk-in visitors are subject to applicable masking, physical distancing and occupancy 

requirements in place at the time of the visit. To minimize potential exposure, visitors 

should not be permitted to travel freely throughout an office. 

e. In developing its reentry plan, DOL leadership will consider guidance from the Centers 

for Disease Control and Prevention, the Safer Federal Workforce Task Force, the Office 

of Personnel Management (OPM) and the Office of Management and Budget (OMB). 

Plans may include a review of various factors such as vaccination rates, transmission 

rates, and new case trends. 

f. Wherever possible, DOL will provide at least 45 calendar days’ notice to employees who 

are operating in a maximum telework posture or on weather and safety leave, when they 

are directed to reenter on-site work. The parties understand that some DOL employees 

have been engaged in on-site work throughout the COVID-19 pandemic, to meet the 

mission of DOL. 

g. Management will make best efforts to provide reasonable notice to employees for shortterm in-office or on-site needs that may arise. Management will take full advantage of 

existing technology where possible to minimize the need for employees to return to the 

office to work on short term projects.
h. If an employee is notified that they are required to report on a specific date or the start of 

a phase and the employee has been previously approved for leave on that day, is 

scheduled to telework, and/or on an approved AWS or compressed workday off, 

supervisors and bargaining unit employees should follow current procedures. If a recall 

from leave is necessary, supervisors should communicate that as soon as practicable and 

take into consideration any costs to the employee associated with cancellation of leave 

that the employee timely raises to the supervisor. 

i. While the use of the COVID-19 considerations form is not mandatory, managers are 

encouraged to complete it. If used, the COVID-19 considerations form will be filled out 

by Management and the designated NCFLL representative in a timely manner. In any 

case, the parties agree that, in the interest of mission accomplishment, completion of the 

COVID-19 considerations form will not represent a delay to reentry. If used, 

management will provide the designated NCFLL representative with a copy of the 

form. Upon request to the Labor Relations Officer, the NCFLL Executive Committee 

will be provided with copies of the COVID-19 considerations forms. 

j. Both management and bargaining unit employees must follow the protocols in DOL’s 

Workplace Safety Plan. 

k. If bargaining unit employees and/or Union representatives identify that protocols of the 

Workplace Safety Plan are not being followed they should notify the OASAM Regional 

Safety and Health Manager. If employees have questions, they may also utilize the 

COVID19questions@dol.gov email box. 

l. DOL will have face coverings available for employees if they do not already have one. 

2. Reasonable Accommodation 

a. DOL will offer reasonable accommodation training to employees during duty time no 

later than August 20, 2021, and post this training on Labor Net. DOL will provide notice 

to employees of the training and its link on Labor Net. 

b. Employees who have been notified that they are directed to be available to return in any 

Phase of reentry, and who have a disability that prevents them from reentering, and 

believe they need a reasonable accommodation, should request a reasonable 

accommodation promptly and prior to the reentry date to allow the agency sufficient time 

to consider it. Prior to submitting a request, employees should speak with their 

supervisor about possible changes to their job functions or business processes, work 

hours/schedules, and telework under consideration by management. Employees are 

asked to request a reasonable accommodation as soon as possible and submit required 

medical documentation to support it. These employees may be granted interim relief by 

their supervisor in advance of a final determination regarding a telework-related 

accommodation. In accordance with OPM guidance, employees may also request to use 

their own accrued leave or leave without pay.
3. Personal Operational Challenges 

a. Supervisors will consider requests for temporary telework arrangements for teleworkeligible employees with personal operational challenges to reentry such as dependent care 

responsibilities; and/or where an employee lives with or provides care for individuals in a 

vulnerable population. 

b. Supervisors will consider requests for temporary telework arrangements from telework 

eligible employees who are not comfortable reentering due to the use of public transit. 

4. Weather and Safety Leave Reentry 

DOL Telework ineligible employees who have been on continuous Weather and Safety Leave 

during the COVID-19 public health crisis may be provided refresher training on the duties of 

their position, as appropriate. 

5. Nothing in this MOU permanently changes any provision in the current collective bargaining 

agreements between the Department and the NCFLL. 

6. Nothing in this MOU constitutes a waiver of bargaining unit employee’s rights otherwise 

afforded to them outside of this MOU or a waiver by management of any management rights 

otherwise afforded to them outside of this MOU. 

7. If DOL employees are required to receive the COVID-19 vaccine, DOL management will fulfill 

any applicable labor management obligations. 

8. As new issues related to the coronavirus pandemic arise that impact bargaining unit employees’ 

working conditions and/or conditions of employment, the parties will reconvene to address. 

9. DOL will email all regional employees the link to this MOU posted on LaborNet. This 

information will be posted on LaborNet and the link emailed to regional employees within five 

business days of the signing of this MOU. 

10. This MOU will remain in effect until the first business day of Phase 3. In the event that DOL 

retreats to Phase 2 or below, this MOU will be reinstated.
CONCLUSION 

This MOU establishes no precedent for any other agreement, practice, or procedure. 

FOR THE DEPARTMENT FOR THE NCFLL 

_____________________________ 

SYDNEY

ROSE

Digitally signed by 

SYDNEY ROSE 

Date: 2021.08.06 

12:28:37 -04'00' _____________________________ 

DARYL

LAURIE

Digitally signed by DARYL 

LAURIE

Date: 2021.08.06 

11:12:35 -05'00'

Sydney T. Rose 

Chief Human Capital Officer, OASAM 

Daryl Laurie

President, NCFLL 

______________________________

JULIA TRITZ

Digitally signed by JULIA 

TRITZ

Date: 2021.08.06 

12:24:51 -04'00' __________________________

NANCY

NOLAN

Digitally signed by 

NANCY NOLAN 

Date: 2021.08.06 

12:03:07 -04'00' ___ 

Julia Tritz 

Director, Business Operations Center 

OASAM 

Nancy Nolan 

Executive Vice President, NCFLL 

______________________________

MARIA

JORDAN

Digitally signed by MARIA 

JORDAN

Date: 2021.08.06 

13:03:50 -04'00' _ ______________________

ROBERT

SAX

Digitally signed by 

ROBERT SAX 

Date: 2021.08.06 

07:33:27 -07'00' ________

Maria Jordan 

Chief, Division of Worklife and Engagement 

OASAM 

Rob Sax

Vice President, NCFLL 

____________________________

SHEILA

DEMARTINO

Digitally signed by 

SHEILA DEMARTINO 

Date: 2021.08.09 

11:20:53 -04'00' ___ ________________________

RICHARD

WHITT

Digitally signed by 

RICHARD WHITT 

Date: 2021.08.06 

10:49:07 -04'00' ______ 

Sheila DeMartino 

Branch Chief, Labor Relations Branch 

OASAM 

Richard Whitt 

Vice President, NCFLL 

____________ 

Date 

8/9/21