RTO Telework Appeal – member’s guide

Publish Date

Overview: 

You have the right to appeal and discuss changes to a telework schedule.   

Telework is a statewide policy and not contract language. The appeal (and right for a union representative to be present) is our only contractual right. Our goal is to mediate a resolution, but regardless of the outcome, the process matters and our documentation from these appeal meetings equates to employer accountability in the long run. 

  1. Request an appeal meeting with your supervisor. 
     

  2. Reach out to your regional steward director (search for your local and look at the top of the stewards list) and schedule a brief pre-meet to structure the appeal and consider prepping the answers to the following questions.
  • What are you being told by management?  

  • Is the Agency staying within the governor’s mandate or going beyond it? 

  • Could there be a trial period?

  • Is there any flexibility? 

  • Are the days set in stone?  

  • What if the weather is bad? 

  • Can the schedule be delayed? 

  • Can we alternate the weeks of the month? Combine weeks? 

  • The policy says it is looking at the month for the 50%, not the week.  

  • What was your schedule before the mandate? 

  • Did that schedule work and why? 

  •  Do we have evidence from your supervisor that the previous schedule worked? 

  • Is this even realistic?  

  • Are you in the field?  

  • Is there space in the office?  

  • Are you being forced to telework now? 

  • What would an ideal solution look like for your situation?  

  • Is your supervisor denying your preferred days of the week? 

  • What can you live with, and what would that look like? 

  • Are there any concerns or hardships we can raise?  

  • Do you need an ADA accommodation? 

  1. Actual meeting: 

  •  YOU as a member will do most of the talking as you have the relationship. 

  • Outline you concerns and present your preferred schedule.    

   The steward’s job is to: 

  • Steer the meeting toward our preferred outcome. 

  • Ask questions:  

  • How will the supervisor get back to you with a decision? 

  • What is the supervisor’s timeline for a response?  

  • Document 

  • Take notes. 

  • Write up any agreements or compromises, timelines, trial periods, etc. and send an email with our understanding to management.  

Supporting Contract Language: 

Article 27 – Hours of work and overtime: 

J. Telecommuting Plans. Telework provides a broad array of benefits to state agencies and 

their employees. Telework can provide state agency employees flexible work environment arrangements that are consistent with business needs. If a request to telecommute is denied, upon request of the employee, the Appointing Authority shall provide the employee the reason(s) for the denial of the request. When practicable, the Appointing Authority shall provide the employee fourteen (14) days’ notice prior to changing or canceling an employee’s telecommuting arrangement. 

1. Telecommuting Plan Concerns. If an employee has concerns over their telecommuting determination(s), the employee may request and shall be granted a meeting to discuss their concerns with the Appointing Authority. Prior to a supervisory/managerial change or denial to an employee’s telecommuting plan, the Appointing Authority shall first meet with the employee regarding the change or denial. 

An employee may appeal changes or the denial of their telecommuting plan by their supervisor/manager to the Appointing Authority within thirty (30) days of the date the employee’s telecommuting plan is changed or denied. An Association Representative may be present at any of the meetings or appeal identified in the Section, if requested by the employee. 

This section is not subject to the grievance procedure. 

Members' Guide to Telework Appeal Download