FCC Must Complete Bargaining Before Returning to HQ

The bulk of FCC staff won’t return to the office until the FCC completes negotiations with its employee union, but talks haven’t been scheduled, per the National Treasury Employees Union and an Office of Personnel Management memo. Other agencies said they're trying to figure out their own return to their headquarters.

The FCC’s June 23 COVID-19 workplace safety plan promises employees can telework through August. The agency declined to comment now on whether requirements to complete union bargaining before returning to work could extend that. Tracy Bridgham, president of the FCC’s NTEU chapter, said the union and agency haven’t started return-to-HQ negotiations for the bulk of the workforce: “We have yet to complete bargaining the masking policy for mission-critical employees and we must first care for employees already in the building.” The FCC must submit a final return to work plan to an executive branch task force by Monday. Those plans are expected to be "high-level summaries" and "guardrails" for the eventual return to work plans, NTEU told us.

"I am frequently, not daily, at FCC headquarters," acting Chairwoman Jessica Rosenworcel told journalists on a call Tuesday. She looked forward to being able to bring staff into the new building. The FCC is having discussions about returning to in-person commissioners' meetings, she said: "We are already having discussions about what these meetings might look like in public." The agency is considering how many attendees could be safely allowed, among other things, she said.

Other commissioners at least occasionally work from HQ. Commissioner Brendan Carr said he participates in the agency’s commissioners' meetings from the building, and his Twitter feed suggests he has begun attending some in-person events. Commissioner Nathan Simington “is mostly working from home, attending occasional in-person meetings and events as his schedule requires,” said a Simington aide. The office of Commissioner Geoffrey Starks declined to comment.

“The health and safety of FCC employees is a primary priority as the agency consults with appropriate authorities about when it is safe to return to work,” emailed a spokesperson. Asked about the agency's preparation of the reentry plan due Monday, Rosenworcel said the commission is finalizing it. She provided no details. "Whatever we do, the safety and security of staff" will be paramount, she said.

Returning

Being remote has its drawbacks, we have reported, including that news conferences aren't publicly available.

Roswenworcel said Tuesday she hopes the agency will hold "hybrid" meetings where news conferences that can be viewed by the public are possible "sooner rather than later." Currently, only news media calling in to an FCC post-meeting conference call can hear what's said at them. A recent response to a Communications Daily Freedom of Information Act request showed the FCC has received inquiries about the availability of FCC press conferences during the pandemic from Wilkinson Barker on behalf of its client Comcast, and from array of media outlets and a wireless stock analyst.

The requirement to complete bargaining on return safety protocols before returning most staff in person is a directive from the White House. Agencies must complete plans for reentry and post-reentry, update a COVID-19 workplace safety plan based on CDC guidelines, give staff “ample notice” and “satisfy any applicable collective bargaining obligations,” said a June 10 OPM memo to agency heads (see 2106020074). “Biden Administration guidelines indicate the message from the White House is that unions must be consulted -- and bargaining obligations fully met prior to employees’ returns,” said NTEU. Asked about the agency's preparation of the plan due July 19, Rosenworcel said the commission is finalizing it now, but provided no details. "Whatever we do, the safety and security of staff" will be paramount, she told reporters after Tuesday's virtual meeting of commissioners.

“We have consistently set a good tone with this new administration although frustration is mounting,” said Bridgham of negotiations with the agency. The FCC’s labor negotiators and NTEU “have been at odds regarding the collective bargaining agreement, for example,” she said.

NTEU wants the agency to allow flexible teleworking for employees, a phased return to work, and more details about ventilation, Bridgham said: The FCC “pledged to follow CDC guidelines yet it has not been clear which mitigation tools it has been using and what else could be done beyond that to its HVAC system to minimize employee risk.” The agency should “avoid a one-size-fits-all” plan, Bridgham said.

The FCC surveyed employees in June about returning to work, Bridgham said. The survey posed questions about employee perception of productivity while working from home and telework preferences, she noted. The FCC hasn’t released results. A separate May survey of FCC staff by the union found 85% favor continuing increased telework post-pandemic, NTEU said.

Plans Vary

The Safer Federal Workforce Task Force gave agencies the July 19 deadline for final plans for increased staff and contractors physically returning to offices. Such plans vary, we found.

A Consumer Product Safety Commission spokeswoman emailed that it's "focused on developing draft plans regarding the safe reentry of employees and onsite contractors to the physical workplace, as well as post-reentry personnel policies and work environment. Our agency’s ongoing planning process includes ongoing communications with employees across the agency and their representatives, as well as input from other stakeholders.”

The Consumer Financial Protection Bureau said it's "in a maximum telework posture" through Sept. 4. Multiple agencies referred us to OMB, which is working with the General Services Administration and OPM on return-to-office guidance. OPM’s June memo included some guidance. It said government-wide occupancy limits are no longer in effect, and agencies can establish occupancy limits for specific workspaces or workplaces to ensure social distancing.

Many agencies didn't comment. NTIA didn't respond to multiple requests for comment. The FTC, offices for FTC commissioners and the American Federation of Government Employees, which represents FTC employees, didn't comment.

Centers for Disease Control and Prevention office building guidance this spring suggested such steps as ensuring ventilation systems work properly, a bigger mix of outside air by opening windows and using fans, and adjustment of seats and furniture to maintain social distancing when possible. It urged replacement of "high-touch communal items" like coffee pots and bulk snacks with prepackaged single-serving items and encouraging staffers to bring their own water. It suggested staggering shifts and break times to reduce the people in common areas.

The FCC workforce safety plan requires masks for non-fully vaccinated employees and social distancing. “No FCC facility will operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission,” it says.

Editor's note: This is part of our ongoing coverage of the pandemic and its effects on telecom and associated sectors. Our last two surveys of convention plans are here and here. Our latest update on virtual hearings is here. Our most recent update on FCC pandemic transparency is here.