Union Activities: VA Could Better Track the Amount of Official Time Used by Employees
Published: 2017-01-24T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: In fiscal year 2012, there were over 250,000 bargaining unit employees at VA, and these employees spent about 1.1 million hours performing union representational activities on official time, according to an OPM report. The ways in which VA manages its human resources, including the use of official time, have received increased scrutiny in recent years. GAO was asked to review the amount of official time used by VA employees as well as the amount of space designated for representational activities.
This report examines (1) the extent to which VA tracks official time, (2) what is known about the amount of designated space used for union representational activities at selected VA facilities, and (3) the views of VA managers and union officials on the benefits and challenges of employees using official time.
GAO reviewed VA's fiscal year 2014 and 2015 data on official time—the most recent data available; analyzed information on designated union space and held group interviews with VA managers and union officials at a nongeneralizable sample of five VA facilities selected based on the number of bargaining unit employees and other factors; and interviewed officials at VA, OPM, and from national unions.
section_title: What GAO Found
paragraphs: The Department of Veterans Affairs (VA) cannot accurately track the amount of work time employees spend on union representational activities, referred to as official time, agency-wide because it does not have a standardized way for its facilities to record and calculate official time. Specifically:
Recording official time —VA uses two separate time and attendance systems that capture official time differently. VA's new system (VA Time and Attendance System, or VATAS), which VA began rolling out at some facilities in 2013, has specific codes to record official time, but the older system does not. The inconsistent recording of official time raises questions about VA's ability to monitor its use, but VATAS could help to standardize this process. In rolling out the new system, which VA expects to complete agency-wide in 2018, VA has provided inconsistent training and guidance on how to use the codes in VATAS. While VA has taken steps to provide better training and guidance on recording official time, GAO recently found that timekeepers at two of three selected facilities where VATAS has been rolled out were still not using the codes. Without consistent guidance and training, personnel may not know how to properly record official time in the new system.
Calculating official time —VA provides its facilities with a range of options for calculating the amount of official time used. VA annually collects and compiles these data agency-wide using the Labor-Management Relations (LMR) Official Time Tracking System—separate and distinct from VA's time and attendance systems. In calculating official time, facilities may use records, estimates, or other methods, which results in inconsistent data. VA officials told GAO that all facilities will eventually be able to rely on VATAS time and attendance records to calculate official time when submitting data in the LMR system. The full implementation of VATAS will provide VA with an alternative to using the LMR system to collect and compile more reliable official time data. Without reliable data, VA cannot monitor the use of official time agency-wide or share reliable data with the Office of Personnel Management (OPM), which reports on the government-wide use of official time.
At all five selected VA facilities, designated space for representational activities comprised less than 1 percent of the overall square footage at each location, according to GAO's analysis. VA does not collect or track data from individual facilities on the amount of space designated for representational activities. Union officials at three of the five facilities GAO visited said that limited space for representational activities made it difficult to provide privacy for employees. A VA official said that certain VA facilities may have space constraints depending on where they are located and the number of veterans served, for example.
At most selected VA facilities, VA managers and union officials GAO interviewed cited similar benefits of employees using official time, such as improving decision-making and resolving problems. However, they had differing views on challenges associated with employees' use of official time, such as when and how much official time may be used.
section_title: What GAO Recommends
paragraphs: GAO is making three recommendations to VA including that it provide consistent guidance and training on how to record official time in VATAS and that it take steps to collect more reliable data from facilities. VA agreed with GAO's recommendations and stated that it would take action to address them.

section_title: Letter
paragraphs: The Federal Service Labor-Management Relations Statute allows federal  employees to use official time to perform certain union representational  activities. Official time enables employees to perform representational  work for a bargaining unit in lieu of their regularly assigned work, and  employees on official time are treated as if they are in a duty status and  paid accordingly. Matters relating to official time are governed by law and  negotiated between agencies and unions, and agencies use different  practices for monitoring official time. According to a 2014 Office of  Personnel Management (OPM) report, the amount of official time used by  federal employees for representational activities increased from fiscal  year 2008 to fiscal year 2012, from approximately 2.9 million hours to  over 3.4 million.
For the Department of Veterans Affairs (VA) in particular, the report  shows that unions represented over 250,000 bargaining unit employees  in fiscal year 2012, and that employees at VA spent 1,086,257 hours  performing representational activities on official time. Questions concerning VA’s handling of customer service issues over the past few  years have resulted in an increased focus on how VA manages its  workforce to best serve veterans, including how official time is managed.
We were requested to review employees’ use of official time and  designated space for union representational activities at VA. This report  examines: (1) the extent to which VA tracks official time; (2) what is  known about the amount of designated space used for union  representational activities at selected VA facilities; and (3) the views of  VA managers and union officials on the benefits and challenges of  employees using official time.
To assess what is known about how VA tracks official time, we reviewed  official time data provided to us by VA for fiscal years 2014 and 2015. We  selected these years for review because they were the most recent years  for which data were available. We assessed the reliability of the data by  reviewing relevant agency documentation about the data and the systems  that produced them, interviewing agency officials knowledgeable about  the data, and comparing the fiscal year 2014 data provided to us with the  information VA submitted to OPM. Based on this assessment, we  determined that the data VA provided were not sufficiently reliable to  determine the amount of official time used by VA employees and the  purposes for which it was used for the period of our review. We discuss  issues related to the reliability of the data further in our report and present  certain fiscal year 2015 data for illustrative purposes only.
To address all of our objectives, we selected a nongeneralizable sample  of five VA facilities in four states. We selected facilities based on the  number of bargaining unit employees at the facility and to ensure  representation from the three VA administrations. The number of  bargaining unit employees at the five selected facilities ranged from about  50 to over 3,000, and selected facilities included three Veterans Health  Administration (VHA) facilities, one Veterans Benefits Administration  (VBA) facility, one National Cemetery Administration (NCA) facility, and  representation from four of five nationally recognized unions that  represent employees at VA. In selecting facilities, we also considered the  national unions representing employees at the facilities. VA has  negotiated master agreements with five national unions—National  Association of Government Employees, American Federation of  Government Employees, National Nurses United, National Federation of  Federal Employees, and Service Employees International Union. We also  reviewed collective bargaining agreements (CBA) at the national level  and local agreements for selected facilities, VA policies and guidance,  relevant federal law, regulations, and government standards for internal  controls.
We also obtained and reviewed information from individual facilities on  the amount of space designated for union representational activities. To  determine the overall square footage of selected facilities, VA provided us  with information from its Capital Asset Inventory for each selected  location. We reviewed related documentation and found the data on total  gross square footage from VA’s Capital Asset Inventory to be sufficiently  reliable for purposes of our report.
At selected facilities, we also interviewed human resources officials,  timekeeping officials, and managers using standard sets of questions for  each group to learn about how official time is recorded at the facility  level. In addition, we interviewed five groups of VA managers and five  groups of union officials to obtain their views on the benefits and  challenges of employees using official time. At each facility, we  interviewed managers who are responsible for supervising employees  who use official time. Selected facilities determined the groups of  managers for us, and the number of VA managers participating in each  group interview ranged from 3 managers to 10. We separately  interviewed the groups of VA managers and union officials and asked  open-ended questions about benefits and challenges of employees’ use  of official time. In addition, we interviewed officials from five unions at the  national level and officials at VA and OPM.
We conducted this performance audit from November 2015 to January  2017 in accordance with generally accepted government auditing  standards. Those standards require that we plan and perform the audit to  obtain sufficient, appropriate evidence to provide a reasonable basis for  our findings and conclusions based on our audit objectives. We believe  that the evidence obtained provides a reasonable basis for our findings  and conclusions based on our audit objectives.
subsections: section_title: Background
subsections: section_title: Federal Service Labor- Management Relations Statute
paragraphs: The Federal Service Labor-Management Relations Statute (Statute)  includes a congressional finding that labor organizations and collective  bargaining in the civil service are in the public interest because they  contribute to effectively conducting public business, among other things.  The Statute allows for the use of official time, and while federal  employees are not required to join a union, the union must represent all  employees in a bargaining unit, regardless of whether they are dues- paying members of the union. Employees on official time are treated as  if they are in a duty status when they are engaging in union  representational activities, and they are paid accordingly.
The Statute provides a legal basis for the current federal labor and  management relations program and establishes two sources of official  time. Official time for negotiation of a collective bargaining agreement,  attendance at impasse proceedings, and authorized participation in  proceedings before the Federal Labor Relations Authority, is provided as  a statutory right. Official time for other purposes allowed under the  Statute must be negotiated between the agency and the union in an  agreed-upon amount deemed reasonable, necessary, and in the public  interest. Accordingly, collective bargaining agreements often include  provisions concerning the conditions for granting official time. Agencies  and unions can negotiate at the department, component, operating  administration, or facility level, for example, and there can be variation in  how official time is managed within an agency. Activities that relate to  internal union business, such as the solicitation of members or the  election of union officials, must be performed when in a non-duty status;  that is, not on official time.
section_title: Collective Bargaining Agreements
paragraphs: VA has negotiated master CBAs with five national unions. These  agreements negotiated between VA and the unions contain provisions by  which VA manages official time. As we previously reported, one approach  used by VA to manage official time is to specify the percentage or number  of hours authorized for a designated union position, such as the  President, Vice-President, Secretary, or Treasurer. Time specified for  designated positions in CBAs is typically characterized as a percentage of  an employee’s total time, such as 50 or 100. Certain CBAs negotiated  between VA and unions provide for at least one union official to charge up  to 100 percent of their duty hours to official time. In addition to official  time, unions may negotiate to receive other support from agencies, such  as office space, supplies, and equipment. CBAs negotiated between VA  and unions typically include information on accessibility, privacy, and size  of unions’ designated space at VA facilities.
section_title: Reporting Official Time
paragraphs: Since fiscal year 2002, OPM has annually produced reports on the  government-wide use of official time, with its most recent report covering  fiscal year 2012. OPM officials stated that it is not required to report  official time, and has no statutory or regulatory role for monitoring or  enforcing agencies’ use of official time. However, there have been various  legislative proposals over the years to require OPM to report official  time. In its reporting of official time, OPM relies on federal agencies to  verify the accuracy of the data provided.
According to OPM, there is no uniform requirement concerning the  degree and specificity of records kept for tracking and recording official  time. However, OPM encourages labor and management to record official  time data in the following categories for union representational activities  and includes this information in its annual reports: (1) term negotiations;  (2) mid-term negotiations; (3) general labor-management relations; and  (4) dispute resolution. See figure 1 for examples of union representational  activities as they relate to these categories. In reporting on the use of  official time within federal agencies, OPM has noted that agency  management and labor share a responsibility to ensure official time is  authorized and used appropriately, and that the amount of official time  used by agencies can depend on a number of factors, such as the timing  of term negotiations, number of grievances, number of bargaining unit  employees, and involvement of unions in labor management decisions.
section_title: VA Has No Standardized Way for Facilities to Record and Calculate Official Time, Which Hampers Its Ability to Accurately Track the Amount of Official Time Used Agency- Wide
subsections: section_title: There Is No Standardized Way for VA Facilities to Record the Use of Official Time, but VA Is Implementing a New Time and Attendance System That Could Standardize This Process
paragraphs: There is no standardized way for VA facilities to record the amount of  official time employees use for representational activities because there  are currently two time and attendance systems being used across the  agency that capture this information differently. VA began implementing  its new time and attendance system, the Veterans Affairs Time and  Attendance System (VATAS), at some facilities in 2013 to replace its  older system, the Enhanced Time and Attendance (ETA) System. VA  expects to complete its rollout of VATAS in July 2018. According to a VA  official, approximately 50 percent of VA facilities and about one-third of  VA employees (120,000) had transitioned to using VATAS as of  September 2016. For the five selected facilities we visited, three had  transitioned to VATAS and two were still using ETA at the time of our  visits. VATAS provides specific codes for timekeepers to record the  various uses of official time for union representational activities, but  according to VA officials, ETA lacks such codes. Under ETA, VA  officials explained that timekeepers can record the amount of official time  used by employees for representational activities in the remarks section  of employees’ time and attendance records, which according to VA  officials, does not always make clear the purpose for which official time is  being used. While VATAS and ETA provide a means to record official  time, we found that three of the selected facilities did not record official  time in either of these systems. Two selected facilities under VATAS  recorded information on the use of official time outside of the time and  attendance system, and one facility under ETA did not record the  information anywhere. Although the remaining two facilities recorded  information in their time and attendance system, they recorded different  information in different ways. The inconsistent recording of information  raises questions about VA’s ability to monitor the use of official time and  ensure that public resources are being used effectively. However, VATAS  could help standardize the way individual facilities record information on  official time and improve VA’s ability to monitor its use.
section_title: VA Has Not Provided Consistent Training on How to Record Official Time in VATAS, but It Has Taken Steps to Provide Better Guidance
paragraphs: VATAS could help standardize the way individual facilities record  information on official time and provide better information on the different  purposes for which official time is used; however, we found that VA has  not provided consistent training to employees on how to record official  time in the new system. The lack of consistent training on how to record  official time in VATAS is due in part to the fact that VATAS is being  implemented in phases and training is being updated throughout the  course of implementation. For example, a VA official told us that  information on how to record official time was incorporated into the  VATAS training curriculum in June 2016. However, VATAS  implementation began in 2013, and employees trained on VATAS prior to  June 2016 may not have been instructed on how to record official time in  the system. For instance, timekeepers and other officials from the three  selected facilities that had implemented VATAS prior to June 2016 said  that recording official time was not covered during their VATAS training  and these facilities were not using the codes in VATAS to record official  time because they were not aware of them. As a result, these facilities  continued to use different approaches to record official time and  documented different information. According to federal internal control  standards, management should internally communicate quality  information that enables personnel to perform key roles, and it should  provide appropriate training to personnel so they may carry out their  responsibilities. Without effectively providing guidance on how to record  official time in VATAS, personnel responsible for recording and  overseeing its use may not know how to perform certain duties, and VA is  missing an opportunity to more accurately track the amount of official time  used by employees across the agency to better monitor its use and  manage its resources effectively.
VA took several steps in 2016 to provide better guidance to facilities on  how to record official time in VATAS, including: updating VATAS training curriculum for timekeepers and supervisors  to include face-to-face training on official time at facilities where  VATAS is being implemented; making information on how to record official time available on the VA discussing how to record official time during a monthly “VATAS  Connections” call with payroll offices.
Despite VA’s recent efforts, however, as of October 2016 two of the three  selected facilities using VATAS at the time of our visits were still not using  the different official time codes in VATAS for recording official time. An  official from VA’s Financial Services Center (FSC) said that FSC is  producing a timekeeper refresher training video to help ensure  timekeepers are aware of the most recent changes in VATAS, including  instructions on recording official time, and hopes to complete the video by  the end of November 2016.
section_title: VA Allows Facilities to Use a Range of Methods to Calculate Official Time and May Continue to Do So After It Implements VATAS
paragraphs: To provide agency-wide official time data to OPM, which reports on the  use of official time for representational activities government-wide, VA’s  Office of Labor-Management Relations (LMR) annually collects and  compiles data from individual facilities and shares the aggregated data  with OPM. VA’s Office of LMR uses its LMR Official Time Tracking  System to obtain information from individual facilities on the amount of  official time used by employees. The LMR system is separate and  distinct from VA’s time and attendance systems and provides the Office of  LMR with a centralized way of collecting official time data from individual  facilities. The Office of LMR sends an email each year to facilities with a  link to access the LMR system, and a management representative at  each facility manually enters information on the use of official time into the  LMR system.
The actual amount of official time used by employees across VA cannot  be easily determined because VA offers facilities various options for  calculating and reporting official time data in the LMR system. Federal  internal control standards prescribe that management design control  activities so that events are completely and accurately recorded and that  it communicate reliable information to external entities, such as OPM, to  help the agency achieve its objectives. VA allows facilities to use written  records, estimates, samples, or surveys of official time hours used, or any  combination of these methods to determine the amount of official time  used by employees at their facility. Figure 2 shows the various  information fields included in the LMR system for fiscal year 2015,  including the different calculation methods VA allows facilities to use to  determine the amount of official time used by employees.
Fiscal year 2015 data collected through the LMR system show that  employees spent approximately 1,057,000 hours on official time for union  representational activities, and according to VA officials, unions  represented almost 290,000 bargaining unit employees across the  agency during this time. In addition, the data show that 346 employees  spent 100 percent of their time on official time. However, as previously  discussed, this data is inconsistent and not reliable. Of the 332 official  time submissions from facilities in fiscal year 2015, 104 entries indicate  that the facility used only records such as time and attendance records, 5  entries indicate the facility used only a survey of supervisors of union  representatives, 123 entries indicate the facility used an estimate only,  and 99 indicate that the facility used a combination of these methods to  determine the amount of official time used. For one entry, it was not clear  which method was used. These different methods of calculating official  time result in inconsistent information on the number of official time hours  used by employees for union representational activities. Figure 3  illustrates the range of information selected facilities submitted to the  Office of LMR on the use of official time. In calculating the amount of  official time used, VA strongly encourages facilities to provide comments  describing how they arrived at their numbers when submitting their data  on official time; however, our review of selected facilities’ fiscal year 2015  official time submissions found that none of the facilities provided such  comments. Without reliable information from facilities on official time, VA  management does not have what it needs to monitor the use of official  time and manage its resources effectively.
According to VA officials from the Office of LMR, once VATAS is fully  implemented, there will be no need for individual facilities to use different  methods to calculate the amount of official time used because facilities  will be able to rely on information in VATAS when submitting data in the  LMR system. A VA official also told us that after VATAS is fully  implemented, they plan to issue a policy on the change to calculating  official time. Until VATAS is fully implemented, however, the various  calculation methods used by facilities will continue to produce  inconsistent data on the amount of official time used agency-wide.  Furthermore, once fully implemented agency-wide, VATAS could provide  VA with an alternative to collecting data from individual facilities through  its LMR system on the amount of official time used by employees. An  official from VA’s FSC stated that FSC currently has the capability to  generate reports in VATAS on the amount of official time used at  individual facilities. The official added that once all facilities are using  VATAS, FSC could generate one report with official time data, thereby  eliminating the need for individual facilities to submit official time data  through the LMR system. However, an official from VA’s Office of LMR  was not aware of FSC’s ability to produce such reports and said that the  Office of LMR currently plans to continue using the LMR system to obtain  information from facilities on the amount of official time used. According to  federal internal control standards, management should use reliable data  for effective monitoring. If VA does not obtain more consistent data on  the amount of official time used by employees, it will not be able to  accurately track the amount of official time used by employees in order to  ensure public resources are being used appropriately.
section_title: Designated Space for Union Representational Activities Comprised Less Than 1 Percent of the Overall Space at Selected Facilities
paragraphs: At the five selected facilities GAO visited, VA provided unions with  designated space for union representational activities. We found that  the amount of designated space for these activities at selected facilities  varied, but in all cases, unions’ designated space comprised less than 1  percent of the overall space available. VA does not collect or track data  from individual facilities on the amount of designated space used by  unions, but officials at selected facilities were able to provide us with  information on the amount of designated space for representational  activities. At the smallest facility, about 0.65 percent of the overall space  was designated for representational activities (240 out of 37,068 square  feet). At the largest facility, about 0.11 percent of the overall space was  designated for representational activities (2,777 out of 2,546,036 square  feet).
Designated space for representational activities at selected facilities  consisted primarily of office space. At all five selected facilities, union  officials either had their own office space designated for representational  activities, or they shared designated office space. For example, at one  facility with two local unions representing a total of about 900 bargaining  unit employees, both union presidents had their own office space  designated for representational activities. At another facility with three  local unions representing a total of about 3,900 bargaining unit  employees, all three union presidents shared their designated space with  other union officials. Figure 4 shows designated office space at a selected  VA facility for a union official who did not share his space, and figure 5  shows designated office space at another selected facility that was  shared by up to three union officials. In addition to office space,  designated space for union activities included conference rooms and  storage rooms at some of the selected facilities. Further, VA provided  unions at all five selected facilities with basic office furniture and  equipment, such as desks, chairs, filing cabinets, computers, printers,  and fax machines. In some cases, union officials said they purchased  additional office equipment using union funds.
Union officials from three of five groups we interviewed said that limited  space for representational activities was a challenge. Specifically, union  officials from those three groups said there was not always sufficient  privacy to ensure confidentiality for employees, especially in cases where  designated space for representational activities was shared by multiple  union officials. Union officials from one of five groups we interviewed said  their requests to management for additional space were denied; however,  union officials from two of five groups provided examples of instances  where they declined offers from management to relocate to larger spaces  in other buildings. For example, a union official at one facility said the  union declined an offer from management to relocate from their space in  the main hospital building to an ancillary building on the campus because  it might not be as safe for employees to access when working night shifts  or during periods of inclement weather. A VA official from the Office of  LMR said that, in general, certain VA facilities may have space  constraints depending on where they are located, the types of services  provided, and the number of veterans served.
VA does not track information on the costs associated with unions’ use of  designated space across the agency, and we were not able to obtain  consistent information on costs from selected facilities. However,  operating costs at VA facilities typically include operations and  maintenance expenses, such as utilities, cleaning costs, and grounds  maintenance expenses. Therefore, certain costs associated with unions’  designated space at VA facilities are operating and maintenance  expenses that would be incurred by VA, regardless of whether VA owned  or rented the facilities. VA owned four of five selected facilities, and while  some officials at these facilities provided us with information on cost, they  used different methods and sources of information to calculate the costs  associated with designated union space. At the one selected facility  rented by VA, officials used rental payment information and information  on the overall square footage of the building to calculate the cost per  square foot for fiscal year 2016 to determine the cost associated with  designated space for union representational activities at the facility.
section_title: VA Managers and Union Officials at Selected Facilities Cited Similar Benefits of Official Time, but Cited Different Challenges Associated with Its Use
subsections: section_title: VA Managers and Union Officials at Most Selected Facilities Said Employees’ Use of Official Time Improves Decision Making and Provides Other Benefits
paragraphs: VA managers and union officials from groups we interviewed at selected  facilities cited similar benefits of employees’ use of official time for  representational activities. Managers and union officials from most groups  we interviewed said that employees’ use of official time improved decision  making and helped them resolve problems at their respective VA  facilities, and some believed it improved relationships between  management and labor (see fig. 6).
VA managers from four out of five groups and union officials from all five  groups we interviewed believed unions’ use of official time for pre- decisional involvement during meetings at which proposed policies or  facility practices are discussed improved decision making processes. This  pre-decisional involvement enabled union officials to provide employees’  perspectives on certain proposed policy changes and patient and worker  safety initiatives. For example, a group of managers and a group of union  officials at one selected facility said they recently collaborated to develop  a policy on self-scheduling for nursing staff, which they hope will improve  employee retention and morale by providing employees with greater  flexibility. According to union officials at another selected facility,  management and the union collaborated to develop an anti-bullying policy  at the facility.
Union Official’s Opinion on Benefits of the  Use of Official Time  A union official at one facility believed there  was a mutual respect between labor and  management at the facility, and that  management respected the role of the unions  and their concerns. For example, she said  several supervisors contacted her with  questions regarding how to handle certain  employees and situations, and together they  developed different approaches to resolve the  issues before they escalated.
In addition, VA managers and union officials from most groups we  interviewed said that employees’ use of official time improved conflict  resolution by allowing union officials time to communicate with  management and employees about any problems that arise. Managers  from four out of five groups and union officials from four out of five groups  said official time may help resolve problems before they escalate. For  example, the use of official time may help prevent problems from evolving  into formal actions, such as grievances against management or  disciplinary actions against employees.
Further, managers and union officials from some groups cited improved  relationships as a benefit of employees’ use of official time. Specifically,  managers from three out of five groups and union officials from three out  of five groups thought official time led to improved relationships between  management and labor by providing union officials with time to build and  maintain a good rapport with managers. For example, a union official from  one group said the use of official time helped the union build a good  relationship with management, which they believed led to more satisfied  employees and management at the facility.
According to union officials at the national and local levels, employees’  use of official time also facilitates the whistleblower process at VA by  providing an avenue for employees to report issues or concerns. For  example, national union officials said the unions were involved in  uncovering various issues, such as overprescribing opiates and long wait  times for veterans. Officials from one national union said nearly 50  whistleblowers had come through the union’s office to report issues with  VA’s patient waitlist and long wait times. Further, a local union official at a  selected facility explained that the unions have a sense of professional  obligation within VA to report any whistleblower activity.
section_title: VA Managers and Union Officials Cited Different Challenges Regarding Employees’ Use of Official Time
paragraphs: Managers and union officials across selected facilities identified different  challenges associated with employees’ use of official time. Managers  from all five groups we interviewed cited staffing and scheduling  challenges associated with employees’ use of official time. In some  instances, employees split their worktime between union representational  activities and non-union duties. For example, an employee at one  selected facility served as union president 80 percent of the time and as a  pharmacist for the remaining 20 percent. Managers said it is sometimes  difficult to accommodate such employees’ use of official time because it  may detract from these employees’ non-union responsibilities.
Manager’s Opinion on Challenges  Associated with the Use of Official Time  A manager at one facility said it was difficult to  find staff to fill in for employees who spent  most of their time using official time. Further,  she said the main focus is to provide access  for veterans at the facility and employees’ use  of official time can take away from patient  care.
Specifically, a manager from one group we interviewed said it can be  especially challenging to find other staff to fill in for employees who are  responsible for serving patients yet spend most of their worktime on  official time.
Union Official’s Opinion on Challenges  Associated with the Use of Official Time   A union official at one facility who had a set  schedule for using official time explained he  had limited flexibility to attend various  committee meetings that occurred on days  when he was not scheduled to use official  time. As a result, he said he was unable to  provide employees’ perspectives on different  issues that were discussed.
Union officials from three of five groups we interviewed said they  experienced challenges with limited flexibility in terms of when official time  may be used. Employees with designated union positions at selected  facilities who split their worktime between union representational activities  and non-union responsibilities often had set times during which they  would use official time, and said that deviating from that schedule could  be challenging. In addition, union officials from three of five groups we  interviewed said that more official time is needed, and union officials from  four groups said they used varying amounts of personal time to conduct  union representational activities.
section_title: Conclusions
paragraphs: The use of official time is viewed by VA managers and union officials we  interviewed as beneficial, but it should be monitored effectively to ensure  that public resources are spent appropriately. Reliable data on official  time are important for effectively overseeing its use, understanding the  extent to which it is used across VA, and assisting OPM with the  government-wide tracking of the amount of official time used. Our findings  raise questions about whether VA is doing all it can to ensure it obtains  accurate information on the use of official time in order to effectively  oversee its use and share with external entities. The agency-wide  implementation of VATAS is an important step toward that goal. Prior to  the agency-wide implementation of VATAS, however, VA is not doing all it  can to encourage facilities to standardize the way in which they determine  the amount of official time used. Taking the intermediary step to  standardize methods for determining the amount of official time used at  the facility level will not solve all of the data reliability issues surrounding  VA’s tracking of official time, but it is a step toward collecting more  reliable data. In addition, VA has not provided consistent training to  facilities on how to record official time in VATAS, and some facilities are  still not aware of VA’s updated guidance on how to record official time in  the system, despite recent efforts. Furthermore, given the potential  capabilities of VATAS, there may be better ways for VA to collect  information on official time in the future and it may not be necessary for  VA to continue using the LMR system to track official time. Until all  personnel responsible for recording official time in VATAS are aware of  and familiar with VA’s guidance, and VA is able to determine a way to  obtain more consistent data from facilities, VA will not have an accurate  picture of how much time employees use for union representational  activities and cannot know how best to manage tracking its use.
section_title: Recommendations for Executive Action
paragraphs: To improve VA’s ability to accurately track employees’ use of official time,  we recommend that the Secretary of Veterans Affairs direct the Assistant  Secretary for Human Resources and Administration to:  1.  increase efforts to ensure timekeepers at all facilities receive training  and consistent guidance on recording official time in VATAS;  2.  standardize the methods used by facilities for determining the amount  of official time used prior to the agency-wide implementation of  VATAS by encouraging facilities to rely on time and attendance  records when calculating the amount of official time used at the facility  level; and  3.  in preparation for the full implementation of VATAS, take steps to  transition from using the LMR system to VATAS to collect and compile  information on the amount of official time used agency-wide.
section_title: Agency Comments and Our Evaluation
paragraphs: We provided a draft of this report to the Department of Veterans Affairs  (VA) and the Office of Personnel Management (OPM) for review and  comment. We received formal written comments from VA, which are  reproduced in appendix I. In addition, OPM provided technical comments,  which we incorporated as appropriate.
In its written comments, VA agreed with all three of our  recommendations. With regard to our first recommendation, VA stated  that the Office of Labor Management Relations (LMR) has revised its  policy to include specific directions to human resource offices to begin  recording official time in the VA Time and Attendance System (VATAS)  once VATAS has been implemented at their respective facilities. With  regard to our second recommendation, VA stated that the Office of  Human Resources and Administration plans to develop a memo directing  facilities to rely on time and attendance records when calculating the  amount of official time used at the facility level. With regard to our third  recommendation, VA stated that the Office of LMR will transition from  using the LMR Official Time Tracking System to collect and compile data  on official time and will coordinate with the Financial Services Center to  use VATAS to create a report on the agency-wide use of official time.
As agreed with your office, unless you publicly announce the contents of  this report earlier, we plan no further distribution until 30 days from the  report date. At that time we will send copies of this report to the  appropriate congressional committee, the Secretary of Veterans Affairs,  VA’s Assistant Secretary for Human Resources and Administration, the  Director of OPM, and other interested parties. In addition, the report is  available at no charge on the GAO website at http://www.gao.gov.
If you or your staff have any questions about this report, please contact  me at (202) 512-7215 or brownbarnesc@gao.gov. Contact points for our  Offices of Congressional Relations and Public Affairs may be found on  the last page of this report. GAO staff who made key contributions to this  report are listed in appendix II.
section_title: Appendix I: Comments from the Department of Veterans Affairs
section_title: Appendix II: GAO Contact and Staff Acknowledgments
subsections: section_title: GAO Contact
section_title: Staff Acknowledgments
paragraphs: In addition to the contact named above, Mary Crenshaw (Assistant  Director), Meredith Moore (Analyst-in-Charge), Amber D. Gray, and  Teresa Heger made significant contributions to this report. Also  contributing to this report were Rachel Beers, Mark Bird, David  Chrisinger, Lee Clark, George Depaoli, Ronald La Due Lake, Edward  Laughlin, Steven Lozano, Marcia Mann, Signora May, Jean McSween,  Mimi Nguyen, James Rebbe, Susan Sato, Almeta Spencer, Carolyn  Voltz, and Craig Winslow.