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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE UNITED STATES DEPARTMENT OF LABOR,

THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 12,

THE NATIONAL COUNCIL OF FIELD LABOR LOCALS,

AND

THE NATIONAL UNION OF LABOR INVESTIGATORS

Introduction

The Department of Labor and its employees are first and foremost responsible for achieving the mission

of the Agency to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees 

of the United States; improve working conditions; advance opportunities for profitable employment; and 

assure work-related benefits and rights. 

Further, Department of Labor management and its Labor counter parts, the NCFLL, Local 12 and NULI, 

recognize that in order to achieve this mission, it must ensure that all parts of the mission are covered by

its key assets, the Department’s talented and hard-working employees. 

In its endeavors to achieve this mission, the Department of Labor recognizes that it must be a leading

example for demonstrating a commitment to providing a positive workplace for its employees. DOL 

recognizes the importance of workplace flexibilities for its employees and its responsibility as a model

employer. In an effort to attract, empower, and retain a talented and productive workforce in the 21st 

century, and in support of the Department of Labor’s Reentry and Post Reentry Future of Work Plan, we 

must continue to enable employees to balance their responsibilities to deliver exceptional and efficient

service to the American public while meeting family and other needs at home.

This is a Memorandum of Understanding (MOU) entered into between the United States Departmentof

Labor (DOL), the American Federation of Government Employees (Local 12), the National Council of 

Field Labor Locals (NCFLL), the National Union of Labor Investigators (NULI) (collectively

“Unions”), in accordance with the applicable provisions of the DOL/Local 12 CBA; DOL/NCFLL CBA; 

and the OLMS/NULI CBA.

Subject

This MOU concerns the Department of Labor’s Expanded Work Schedule Flexibilities, establishes an

electronic Telework system which will include a unified Telework Agreement Form and unified

Telework Employee Self-Certification Safety Checklist for all DOL bargaining unit employees. This
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MOU replaces the Mid-Day Flex MOU that became effective October 19, 2016, and the Workplace 

Flexibilities MOU that became effective on March 24, 2016. 

Terms

The mission of the Department must take priority. The parties understand that the need to meet 

the mission of the Agency is the highest priority and are committed to ensuring this occurs. Due 

to specific job requirements in some offices, a lack of available work because of the nature of the 

position, and the varying types of work completed throughout DOL, all employees may not be 

allowed to utilize the full range of work schedule flexibilities, designated below. Managers and

supervisors may require an employee or groups of employees to suspend flexible or compressed 

schedules temporarily to meet Agency needs. For example, DOL employees required to engage 

in the following mission-based work and coverage requirements, understand that their use of 

workplace flexibilities in this MOU may be limited on specific days of the week or hours of the 

day based on business needs by these and other activities:

conduct inspections and investigations or survey data collection, 

attend training,

attend legal proceedings, 

be present at worksites during specific work hours, 

be present at work for blocked periods of time such as the end of the fiscal year or other highvolume time periods for fiscal or other reasons, or

provide administrative office coverage.

Section I – Flexible Work Schedules

A. Provisions 

1. The Department’s default work schedule remains the variable work week schedule and

requires the following:

All DOL employees will automatically be assigned a variable workweek scheduleunless an employee 

requests and is approved for a fixed work schedule or an Alternative Work Schedule (AWS). If DOL 

management assigns a different schedule to an employee, it must follow the procedures for doing so in the 

applicable CBA.

2. All parties agree that the DOL Workplace Flexibilities Frequently Asked Questions and 

Workplace Flexibilities Guide, serve as guidance and a resource for both employees and 

management. 

3. Employees may work a maximum of 13 1⁄2 hours per workday, unless otherwise

directed by management and subject to applicable pay regulations and collective

bargaining articles.
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B. Definitions

1. Core Hours are time periods during the workday, workweek, or pay period that are 

within the tour of duty which an employee covered by a flexible work schedule is 

required by the applicable flexi time plan to be present for work. With the 

supervisor’s approval, an employee may use credit hours or leave to account for 

absences during core hours as well as absences outside of core hours. 

2. Work Band is the time between the first and last hour in a day that an employee may 

work before receiving overtime pay. 

C. Exclusions

Article 25, Section 2.C. of the CBA between NCFLL and DOL specifically discusses the First 40- hour 

tour of duty for MSHA authorized Representatives and Right of Entry Employees and these employees 

are excluded from Section I of this MOU. Part Time BLS CPI Economic Assistants, including those 

covered by the MOU between NCFLL and DOL, dated January 15, 2015, are excluded from Section I of 

this MOU.

D. Training

New Employees participating in the alternative work schedule program for the first time must complete 

mandatory training in advance of participation. 

E. Dispute Resolution

The parties agree to make best efforts to informally resolve disputes regarding the application of 

this MOU and the work schedule changes, as follows: 

1. Best efforts should be made between first line supervisors and employees to

informally resolve the matter.

2. In the event that the matter cannot be resolved informally,

AFGE Local 12 bargaining unit employees’ grievances will be treated as Grievance Board Grievances 

pursuant to Article 44, Section 8 of the CBA between Local 12 and DOL. 

NCFLL bargaining unit employees’ grievances will be handled in accordance with Article 15 of the 

NCFLL/DOL CBA.

NULI bargaining unit employees’ grievances will be handled in accordance with Article XX of 

the NULI/OLMS CBA.
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F. Variable Work Week

1. The Department’s core hours are 10:00am to 2:30pm, Tuesday and Thursday of each 

work week during the bi-weekly pay period. There are no core hours on Monday, 

Wednesday, and Friday. 

2. The Department’s work band, excluding those employees on a fixed work schedule, is 

6:00 am to 8:00 pm, Monday through Friday. In some DOL locations, utilities (such as

HVAC and lighting) may not be available past certain times and will not be extended in

buildings where they are shut off prior to 8:00 pm. Employees should take these factors 

into consideration when planning work schedules and make plans accordingly. 

3. Employees on the variable work schedule are required to satisfy a basic work 

requirement of no less than five days per week, to include hours worked, leave, or a 

combination of both. 

4. Employees on the variable work schedule are required to satisfy a basic workday 

requirement of no less than four hours, to include hours worked, leave, or a 

combination of both. 

5. Employees who intend on working for four (4) hours on either a Monday, Wednesday, 

or Friday will notify their immediate supervisor or designee of their planned start time

of work no later than 11am (except in an emergency or unanticipated events) the 

preceding workday. Sufficient notice includes, but is not limited to, emails.

G. Alternative Work Schedule

1. Notwithstanding any contractual provisions to the contrary, the following flexible work 

schedule, Alternative Work Schedule (AWS), is established and available to all eligible

DOL employees. Under AWS, a full-time employee may complete their basic 80-hour 

work requirement in fewer than 10 work days. 

2. The core hours and work band described in Section F. listed above, apply to AWS.

3. Employees participating in AWS may earn and request and use credit hours in

accordance with policy and the applicable CBA articles.

4. The employee’s schedule – including the regular work day off – will be discussed and

established in advance with an employee’s immediate supervisor. The employee’s

schedule – including the regular work day off will be recorded on a standard employee 

schedule form. [See attachment].

5. To ensure the supervisor is able to plan and assign work within the work unit, the 

regular work day off will be the same each pay period. 

6. If an employee on AWS requests to change a regular work day off and the request is 

denied due to business reasons, the supervisor must explain the decision in writing and 

attempt to agree on a different day. 

7. If the regularly scheduled day off falls on a federal holiday, the employee is entitled to 

an “in lieu of” day. 

8. To the extent practicable, the work schedules described above will be available to

eligible part-time DOL BU employees. Appropriate arrangements will be worked out 

between the employee and the supervisor, consistent with the needs of the office and 
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the spirit of the program. However, supervisors retain the right to establish and make 

final decisions relative to any work hour arrangements for part time employees.

9. AWS Day off/Scheduling adjustments/conflicts: When these situations occur,

supervisors retain the right to establish and make final decisions relative to any

alternative work schedule arrangements, including providing final approval concerning 

the employee’s regularly scheduled day off under an AWS agreement. If conflicts arise 

as a result of several employees requesting the same regularly scheduled day off, then

employee seniority (as defined by the applicable CBA), will be the deciding factor.

H. This MOU does not supersede contractual, statutory or regulatory provisions related to 

management’s right to assign work or determine work schedules, including the need to 

ensure office coverage during whatever regular business hours are specified in the

applicable CBA or as determined by the individual field offices.

Section II - Expanded Work Schedule Flexibilities

A. Provisions

1. Exclusions

Article 25, Section 2.C. of the CBA between NCFLL and DOL specifically discusses the First 40- hour 

tour of duty for MSHA authorized Representatives and Right of Entry Employees and these employees 

are excluded from this Section II of this MOU. Part Time BLS CPI Economic Assistants, including those 

covered by the MOU between NCFLL and DOL, dated January 15, 2015, are excluded from Section II 

of this MOU.

2. Employees may, with supervisory approval, utilize the expanded work schedule flexibilities

listed below. 

3. To be eligible for approval for the expanded workplace flexibilities, employees must have at 

least a “Fully Successful” summary rating on their most recent rating of record and must not

have had a written reprimand or disciplinary actions related to time, attendance, telework, or 

work schedules within the preceding year.

4. Employees may be denied the use of one or more of the expanded flexibilities if a supervisor 

identifies that there is an adverse impact on the mission of DOL. Denial does not prevent an

employee from requesting the use of expanded flexibilities if the reason for denial has 

changed. 

5. Dispute Resolution

a. The parties agree to make best efforts to informally resolve disputes regarding the 

application of this MOU and the work schedule changes, as follows: 

i. Best efforts should be made between first line supervisors and employees

to informally resolve the matter.

ii. In the event that the matter cannot be resolved informally between

supervisor and employee, 

1. AFGE Local 12 bargaining unit employees’ disputes will be 

handled by the Agency Vice President and servicing Labor 
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Relations Officer.

2. NCFLL bargaining unit employees’ disputes will be handled by 

the Local President and the regional Labor Relations Officer or

their designee.

3. NULI bargaining unit employees’ disputes will be handled by the 

Regional Director and NULI Regional Vice President. 

iii. In the event the resolution processes above are not successful, the parties

agree to bring concerns to the attention of the Director, DELMR, or their 

designee, or, for NULI, to the Deputy Director of OLMS, or designee, to

discuss and address timely.

iv. The parties agree that disputes related to expanded work schedule 

flexibilities are excluded from the negotiated grievance processes in the

Local 12/DOL CBA; the NCFLL/DOL CBA; and the NULI/OLMS CBA,

and that any outcomes from the dispute resolution process are not subject 

to grievance and arbitration processes, contingent on the parties following 

steps (i) through (iii) above. With respect to Local 12, NCFLL or NULI,

the Local 12, NCFLL or NULI President will address the issue with the

Director, DELMR, and their decision will be final.

6. Expanded Work Band

i. With advance supervisory approval, the work band for employees on DOL’s flexible

work schedules (variable week and DOL alternative work schedule (AWS)) is

expanded to 5:00 a.m. – 10:00 p.m. Monday – Friday. 

ii. The expanded work band flexibility is only for use when an employee is at their 

approved telework or remote location and not for on-premises work. 

iii. Except in exigent circumstances, employees must make a request to their first line

supervisor or their designee by email no later than 11:00 a.m. on the business day 

preceding the use of the requested expanded flexibility and indicate their anticipated

work schedule. The first line supervisor or their designee will respond in writing as

soon as possible. Supervisors may provide advance approval for a proposed work 

schedule that extends for more than one pay period. 

a. Saturdays and Sundays are not within the flexible work band and therefore 

employees may not work on Saturdays and Sundays, unless otherwise

required to do so by their supervisor. 

b. Premium pay rules, including those governing overtime and compensatory 

time, still apply as appropriate and when approved in advance. 

c. Credit hour rules still apply (any hours worked past 80 hours up to 24 hours 

maximum carryover).

d. Employees may continue to work a maximum of 13 1⁄2 hours per 

workday. 

7. Mid-Day Flex

i. With advance supervisory approval, employees on a variable workweek schedule or 
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AWS may request to take a mid-day flex break on Monday, Wednesday and Friday, 

or outside of core hours on Tuesday and Thursday of no less than 30 minutes from 

duties during the regular workday to undertake personal, non-work activities without 

the employee being required to use leave. During the mid-day flex break, the 

employee is in an off-duty status and is not eligible for any form of pay, travel costs 

or reimbursements, paid leave including wages, compensatory time and/or credit time

from the Department. Employees participating in a mid-day flex break must

continue to meet the basic 80-hour tour of duty work requirement with work hours, 

approved leave, or accrued credit time.

ii. Except in exigent circumstances, employees must make a request to use a midday flex break by email no later than 11:00 a.m. on the business day preceding 

the use of the requested expanded flexibility and indicate their anticipated work 

schedule. The first line supervisor or their designee will respond in writing as

soon as possible. Supervisors may provide advance approval for a proposed 

work schedule that extends for more than one pay period. 

iii. A mid-day flex break may be used either at an approved telework location or an 

employee’s on-site work location. However, employees cannot use mid-day flex 

breaks to change work locations (i.e., from the on-site work location to a telework site

or vice versa).

iv. Employees will continue to follow all other rules and procedures outlined in the

Department’s Mid-day Flex Guide on LaborNet.

Section III - Telework and Remote Work 

A. Provisions and Definitions

1. Telework is a work arrangement that allows an employee to perform work at

an approved alternate worksite, and the employee is expected to report to their 

official worksite at least twice per bi-weekly pay period on a regular and 

recurring basis. The alternate worksite for a teleworker is the physical location

approved by management as the employee’s telework site.

i. Note: In the case of a telework employee whose work location varies 

on a recurring basis (e.g., mobile workers), with supervisory

approval, the employee need not report at least twice each biweekly

pay period to the regular worksite established by the agency as long as 

the employee is performing work within the same geographic area 

(established for the purpose of a given pay entitlement) as the

employee’s regular worksite. 

1. Mobile (field) work is work which is characterized by routine 

and regular travel to conduct work in customer or other 

worksites as opposed to a single authorized alternative worksite.

Examples of mobile (field) work include site audits, site 

inspections, investigations, property management, and work 

performed while commuting, traveling between worksites, or on 

Temporary Duty (TDY). The definition of telework does not 
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include any part of work done while on official travel or mobile 

(field) work. 

ii. In certain temporary situations, an agency may continue to treat the

agency worksite as the official worksite of the employee even though, 

during that period, the employee is approved to work from an 

alternative worksite and not returning to the agency worksite at least 

two days per pay period. Examples of appropriate temporary situations

can be found in OPM’s Fact Sheet on Official Worksite for LocationBased Pay Purposes

2. Remote work is a work arrangement under which an employee is scheduled 

to perform work from an alternate worksite (e.g., a place other than where 

the employee would normally work absent a remote work arrangement) 

within or outside the local commuting area of the agency worksite, and the 

employee is not expected to report to the agency worksite on a regular and 

recurring basis.

The alternate worksite for a remote worker is the employee’s home or other

physical location from which the employee is authorized to work as their 

official worksite that is not an agency office or facility.

3. DOL will continue to follow government-wide guidance related to telework

and remote work by appropriate Federal entities including, but not limited to

the Office of Personnel Management’s (OPM) Guide to Telework and Remote

Work.

4. DOL employees serving a probationary or trial period may be permitted to

participate in a formal telework arrangement or remote work arrangement,

subject to supervisory approval and all other conditions in applicable statutes,

regulations, and collective bargaining agreements, even if the employee has 

not received a rating of record. 

5. As described in the Telework Enhancement Act of 2010, 5 CFR 611, DPR 611, and 

the collective bargaining agreements, from a conduct perspective, employees are

ineligible to telework if (1) the employee has been officially disciplined for being

absent without permission for more than five (5) days in any calendar year; or (2) the

employee has been officially disciplined for violations of the Standards of Ethical

Conduct for Employees of the Executive Branch for viewing, downloading, or 

exchanging pornography on a Federal government computer while performing 

official Federal Government duties. Any other eligibility criteria related to conduct 

or discipline is captured in the employee’s applicable collective bargaining

agreement.

6. If an employee has been approved for a remote work arrangement, in line with 

Departmental Personnel Regulation 611 (Telework Program), outside the local 

commuting area of the agency worksite and their performance diminishes, the

supervisor will promptly discuss those performance deficiencies with the employee

and where possible, assist in improving those performance deficiencies before

requiring the employee to report to the office as a way to facilitate performance
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improvement.

7. If an employee was hired into their position at DOL with an expectation outlined in

the vacancy announcement that the position was a remote position with no 

expectation for the employee to report to an official worksite other than their home

(except for official travel) and the duties of the position change such that the DOL

modifies the employee’s official worksite to a DOL office, DOL will pay the

applicable relocation costs, if any exist/are required, subject to and in accordance 

with Federal regulations. 

8. When remote work outside the local commuting area of the agency worksite is 

initiated at the employee’s request to accommodate the employee’s personal

circumstances, the employee agrees that they will not seek or be entitled to relocation 

costs, either at the beginning or end of the remote work arrangement.

Thus relocation costs will not be provided at the time of establishment of a new 

remote work arrangement, or if the remote work arrangement is changed or 

terminated at the employee’s or government’s initiation, for example because the 

employee’s personal circumstances change, or the government determines that the 

arrangement is failing tomeet government needs or there is a deterioration in the 

employee’s performance.

However, DOL management may consider alternative solutions such as looking for 

an alternate DOL work site within the employee’s commuting area. The parties agree

that management retains the right to assign work, including recalling employees from

a remote arrangement if work must be conducted on-site.

9. In accordance with the parties’ collective bargaining agreements and the DPR 611,

employees are responsible for equipment outside of what they need to do their job. 

Employees are provided laptops which have software to enable telework such as 

jabber and TEAMS (among others). When the job responsibilities require additional 

equipment, the agency may provide it. For example, a field investigator may need a 

mobile phone or tablet. Additional equipment beyond the standard issued laptop 

should only be provided when there is a need based on the type of work. 

10. Employees who are approved for remote work will be provided the following items:

Laptop 

Soft Telecommunication equipment such as VOIP or jabber 

Headphones 

Employees will coordinate with their supervisors for any office supplies

that are needed.

11. If an employee has been approved for a remote work arrangement and believes that 

they need specific equipment for remote work due to a disability, and the equipment 

is not otherwise provided, they may request that equipment through the reasonable 

accommodation process.

B. Telework Agreement Form

1. In the interest of continuity and best leveraging technology, DOL management is 
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testing and will deploy an electronic Telework system by which employees will

submit requests to telework to their supervisors, using the attached Telework

Agreement Form and attached Telework Employee Self-Certification Safety

Checklist. DOL management plans to deploy this electronic system as soon as

February 2022. 

2. When the electronic telework system is deployed, DOL employees must request to

participate in telework through the electronic system to ensure the data is up to date.

3. The parties agree that the Telework Agreement Form that is an attachment to this

MOU replaces all other Telework Agreement Forms in other locations, to include 

but not limited to: the NCFLL/DOL CBA effective October 1, 2006; the Local

12/DOL CBA effective July 20, 2020; and the NULI/OLMS CBA effective [insert

date].

4. The parties agree that the Telework Employee Self-Certification Safety Checklist

that is an attachment to this MOU replaces all other Telework Safety Checklists in

other locations, to include but not limited to: the NCFLL/DOL CBA effective

October 1, 2006; the Local 12/DOL CBA effective July 20, 2020; and the 

NULI/OLMS CBA effective [insert date].

5. Annual Recertification of the telework agreement is intended to be a review of the

telework arrangement. It is intended to make sure that the arrangement is continuing 

to meet the needs of the office/agency and that the information in the agreement is

still accurate and relevant. The parties understand that management retains the right 

and obligation to review telework arrangements continuously and may modify or 

terminate telework agreements at any time, subject to the procedures outlined in the 

applicable CBA.

6. If management intends to change or modify the agreement based on mission needs, 

there should first be a discussion with the employee, consistent with the applicable

collective bargaining agreement. Absent exigent circumstances, supervisors should

not modify or terminate a telework arrangement through the recertification process

without first discussing the modification or termination with the employee. All

changes made by management or the employee, to the agreement will follow what is 

written in the applicable CBA.

Training

Telework training-When the electronic system is fully implemented training on the new system will be 

provided to all DOL employees with refresher training occurring bi-annually. 

Space

Space issues will be handled under the provisions of each union’s CBA.

Section IV - Posting and Information Distribution Requirements

A. If a Union representative or a bargaining unit employee has questions, they may continue 

to utilize the flexibilities@dol.gov email box. 

B. DOL will email all employees the link to this MOU on LaborNet.

C. This MOU establishes no precedent for any other agreement, practice, or procedure. 
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Section V – Formation of Teams to discuss Future of Work 

Joint management/union teams will be formed by each Agency to address what the new work 

environment will be post COVID. The parties agree to meet 90 days after the first business day of 

Phase 3 to discuss the teams and how often they will meet. The parties plan to use already existing 

forums to meet and discuss future of work matters such as Labor Forums, LMR meetings, and Agency 

meetings.

DOL recognizes its obligations under the Federal Service Labor Management Relations Statute. As 

such, DOL will provide notice to the Unions regarding changes to processes that may give rise to a 

bargaining obligation. 

FOR THE DEPARTMENT: FOR AFGE LOCAL 12: 

Shawn K. Hooper LaRhonda D. Gamble

Chief, Division of Employee and Labor Management President, AFGE Local 12

Relations (DELMR), OHR, OASAM

Sheila DeMartino Gregory B. Green

Labor Relations Officer, DELMR Executive Vice-President,

OHR, OASAM AFGE Local 12 

Maria Jordan George E. Jordan 

Chief, Division of Worklife and Engagement Head Steward, AFGE Local 12

OHR, OASAM

FOR NCFLL:

Michael Lazzeri Nancy Nolan

Regional Administrator, Midwest Region Executive Vice President, NCFLL

Wage and Hour Division (WHD)
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Leyla Mansur Steve Southwood 

Director, Office of Program Planning Evaluation Vice-President, NCFLL

and Management (OPPEM),

Employee Benefits Security Administration (EBSA)

Rob Sax

Vice-President, NCFLL

FOR NULI:

Franklin E. Schneider, 

Executive Vice-President, NULI

David Nadboralski 

Steward, NULI

Date
ANDREW

AUERBACH

Digitally signed by

ANDREW AUERBACH

Date: 2022.02.23 17:3854

-05'00'

Andrew D. Auerbach

Deputy Director, Office of Labor Management

Standards