Common use of Process to Request FWS Clause in Contracts

Process to Request FWS. a. Employees who wish to participate in the FWS Program or change an existing FWS are responsible for submitting a proposed schedule using NETL F535.1-1, Flexible Work Schedule. The supervisor is responsible for reviewing the request with the employee, resolving any issues, and, if appropriate, approving the requested schedule in the context of accomplishing the mission. b. Every reasonable effort will be made by the supervisor to provide an opportunity for an employee to utilize the options provided in this article to design a flexible work schedule. The supervisor has two (2) work days to approve or deny the request. c. In cases where the supervisor and the employee cannot agree to the employee’s proposed work schedule, or the supervisor has not approved or denied the request within two (2) work days, at the employee’s election, each must submit a written justification within three (3) work days to the second-level supervisor. The second-level supervisor will provide copies of each justification to both parties upon receipt. The second-level supervisor must sustain or reverse the decision within two (2) work days of the receipt of both justifications. An employee dissatisfied with the action of the second-level supervisor may seek recourse through the negotiated grievance procedure only after following the sequence outlined in this article. Supervisors may approve occasional immaterial variations from the established schedule based on a verbal request. d. The agreed upon schedule will remain in effect until such time that a change is requested by either Management or the employee. When Management requests a change in schedule, another NETL 535.1-1 will be completed and approved by the supervisor. e. Management may deny an employee’s request for or propose to change or terminate an employee’s participation in a particular FWS. Denials of requests for a schedule or proposed changes to an existing FWS will not be arbitrary or capricious. Such a denial or change will be based on the following: (1) the employee’s participation could negatively impact the work unit’s coverage requirements; or (2) the employee’s participation could negatively impact the mission of the organization; or (3) Management has issued the employee a performance or conduct action; or (4) Management has issued the employee a corrective action as defined in this Agreement