Return to Office (RTO) Toolkit
Table of Contents
Politically motivated mandates made at the expense of State workers are bad policy for all Californians and CAPS UAW is committed to fighting back against all of them. To that end, CAPS UAW has developed materials to be used as guidelines for members as more departments notice the union and follow Newsom’s direction to arbitrarily require a minimum number of in-office days.
Your CAPS UAW Bargaining Team continues to schedule Meet and Confers, submit information requests, and illustrate to departments that a one-size-fits all approach does not work! But you need to take action too. See the guidelines and actions below and let’s fight this together!
These guidelines will not cover all situations, but may assist you in determining the best next steps. These guidelines will be updated as necessary. As always, if you have any questions or are feeling as though you’re being unreasonably disciplined, contact RTOTaskForce@capsscientists.org immediately.
Advice for Most-Recurrent Situations
Below are some of the most frequent scenarios members have reported at this time. Please review these situations and recommendations of how to address them.
A notice to the union is a formal letter that states the department’s intent to create or change a formal procedure or policy at the department. Should you find yourself in this circumstance, CAPS UAW recommends that you submit the telework agreement you would like to see on the requested date. That means modifying the agreement to best meet your professional needs. Your supervisor can ask that you change your modifications, but you both have to agree upon the modification. If both parties do not agree, the telework agreement will be denied and members should reach out to file a grievance (see Section C, GRIEVANCES, below). Per the CAPS MOU, Section 7.10, “If the telework arrangement conforms to telework criteria established in the department’s telework policy and guidelines, no employee’s request for telework shall be unreasonably denied.”
A notice to the union is a formal letter that states the department’s intent to create or change a formal procedure or policy at the department. “Practice” RTO is a violation of your standing Telework Agreement. This is a circumvention of the process outlined in each departmental telework policy – you have a valid telework agreement until it is terminated or modified that details your schedule. . Please contact CAPS UAW Labor Representatives immediately at caps@capsscientists.org with the following information:
- What Branch/Program/Unit is affected
- The names of any supervisor(s) or manager(s) that have released this information and whether it was verbally or in writing;
- Any direction in writing from supervisor(s) or higher; if only Unit 10 is affected or all Units.
Please include “RTO Issue” in the subject line. This information ensures CAPS UAW can examine the best route to take to ensure your rights are protected.
Supervisors are also being informed that they must RTO, but have been getting different instructions. Additionally, departments started to release their own updates to policies in January of this year and recently, on April 16, the Newsom Administration added to the confusion and is asking that all departments abide by an arbitrary minimum. If anything your supervisor relays sounds incorrect – such as field work doesn’t count as in office days – contact CAPS UAW immediately at caps@capsscientists.org!
For members who have moved during the last few years, or were hired with the knowledge that they are not immediate area, and are now at a distance that would make traveling to their reporting office location a hardship, please contact CAPS UAW to get started in potentially requesting a Hardship Transfer as permitted by CAPS MOU Section 16.5 (http://capsscientists.org/2018-2020-mou/article-16-transfer-and-layoff/#16.5).
FAQs
1. Do I have to comply with the RTO demands if no Meet and Confer is held?
As long as the Department has provided notice, yes. If the demand is not consistent with your telework agreement, take the steps outlined above.
2. Do I have to submit a new telework agreement?
Yes, but you should always submit the agreement that suits you best. Per the Statewide Telework Policy, “All employees in positions designated by management as eligible shall be qualified to participate in telework and are authorized to participate to the fullest extent possible without diminished individual or organizational performance.”
Your supervisor is entitled to request that you report to office when necessary per the Form 200 (your telework agreement) Section 7C, which states: “Employee acknowledges they must forgo telework when their physical presence is required in the office on regularly scheduled telework days. Managers and/or supervisors should provide prior notice whenever possible. The employee may be required to report to the office without prior notice.” If you’re being requested to come in on a regular basis, see Q4 below. If you’re being requested to come into the office for recurring situations that you don’t believe are necessary, please contact RTOTaskForce@capsscientists.org.
This is a violation of your standing Telework Agreement. This is a circumvention of the process outlined in each departmental telework policy – you have a valid telework agreement until it is terminated or modified that details your schedule. If you are being asked to RTO on a regular basis without a change to your agreement, contact CAPS UAW Labor Representatives immediately for assistance.
5. I received directions to modify my agreement by a certain date?
As noted in Q2, submit the agreement that you would like to see on the required date. If your supervisor has directed you to fill out certain days, note that they have the ability to suggest a modification to you. Per the Statewide Telework Policy, the definition of a Telework Agreement is: “The Telework Agreement is a formal document prepared and signed by the teleworker and supervisor. The Telework Agreement provides the framework for the discussion about the general expectations that need to take place between the supervisor and the employee in order to work effectively,” which illustrates the need for the agreement to be reached mutually as part of open communication. Should your supervisor deny a modification you’ve put forth, and if you do not agree with your supervisors’ suggested modification, your supervisor does have the right to terminate your telework agreement. To avoid cancellation of your telework agreement, you can sign the modification suggested by your supervisor, but you may lose the capability to grieve the denial of your preferred telework schedule.
6. My supervisor stated field work doesn’t count as in office days?
This is incorrect. We’ve seen a few department managers state this, but have quickly addressed it with labor. Field work days DO count as in office days
7. I need a reasonable accommodation.
This is a separate process from telework or RTO. To find out how to start a Reasonable Accommodation request, contact RTOTaskForce@capsscientists.org.
8. My supervisor said I have to complete a full day in the office if I am in the office?
There are some departments that have policies or expectations that state this. If you are unsure, CAPS UAW can request the policy for you.
9. My telework agreement was terminated, what do I do?
Submit a new telework agreement with the telework schedule you’d like to see. If your new agreement is denied, request that your supervisor provide the denial in writing and contact CAPS UAW immediately at RTOTaskForce@capsscientists.org.
Know your Rights! Grievances: Telework Flexibility, Health and Safety
CAPS-UAW members have expressed concerns and raised important questions regarding our telework rights as outlined in our CAPS memorandum of understanding (MOU). Our current CAPS MOU provides protections and rights related to telework, in addition other workplace rights and benefits.
Grievances are an important tool for holding your employer accountable for what they agreed to under your MOU. If you believe that there has been a violation of your rights as outlined in our MOU, you have the right to file a grievance. Below you will find more information about the rights guaranteed to you under our current MOU, what a grievance is, relevant MOU sections related to telework, and who to contact if you have questions or would like support from a fellow union member.
You have the right to file a contract grievance if you think the terms of our MOU have been violated. Article 9 of our MOU defines our Grievance and Arbitration Procedure.
Section 9.2 of our MOU states: “A grievance is a dispute of one or more employees, or a dispute between the State and CAPS, involving the interpretation, application, or enforcement of the express terms of this Agreement.”
Recourse through grievances is a crucial right in ensuring fair treatment and protecting our rights as workers. Grievances address violations of our MOU. Through the grievance process, State Scientists uphold their rights, benefits, and protections as committed to in the MOU. Grievances not only address current issues but can also help prevent similar problems in the future. By addressing and resolving grievances promptly, you collectively create a safer and more equitable work environment for all State Scientists.
Grievance Filing – A Selection of MOU Sections Relevant to Telework
Below are some sections of our MOU related to telework. If you believe your rights under these MOU sections have been violated, please reach out to the RTOTaskForce@capsscientists.org for assistance in strategizing your next steps.
Section 7.10 (Telecommute/Telework Program)
Section 7.10 of our MOU states “If the telework arrangement conforms to telework criteria established in the department’s telework policy and guidelines, no employee’s request for telework shall be unreasonably denied.”
If you believe your requested telework arrangement was unreasonably denied, even though it complies with the criteria established in the department’s telework policy and guidelines, reach out to RTOTaskForce@capsscientists.org.
Section 7.2 (Alternative Work Schedule)
Section 7.2 of our MOU states “Upon request of a Unit 10 employee or an authorized CAPS representative, a department designee shall meet with such employee or representative and consider requests for establishment of an alternative work schedule, flextime, telecommute schedule or reduced work time for a Unit 10 employee. The request shall not be unreasonably denied.”
If you believe your requested alternative work schedule was unreasonably denied or if your department refuses to meet with you about it, reach out to RTOTaskForce@capsscientists.org.
Section 9.13 (Health and Safety Grievances)
A Health and Safety grievance can be made by an employee or group of employees regarding unsafe or unhealthy working conditions when their employer has failed to provide a healthy and safe work environment as required by law, departmental policy, and/or our MOU. Common issues that may lead to a health and safety grievance include, but are not limited to: hazardous working conditions, lack of personal protective equipment, poor ergonomics, and inadequate emergency procedures within a workplace.
If you believe that you are, or could potentially be exposed to unsafe or unhealthy working conditions, or if you have questions or concerns, reach out to RTOTaskForce@capsscientists.org.
Can I be retaliated against for filing a grievance?
No. It’s unlawful for an employer to retaliate against an employee for filing a grievance.
Reach out!
With any questions, concerns, or to strategize about a grievance related to teleworking or returning to the office, reach out to RTOTaskForce@capsscientists.org. A fellow union member will respond to you.
Actions
Below are some actions to fight back!
Attend any and all events across the State to push back on RTO. Share events that you find with CAPS UAW leadership so that they can be emailed to membership. Organize your own events around significant workplace days.
May Day RTO Power Hour 12 – 1 p.m.
Join in a specific pushback on RTO power hour as part of a larger pro-labor May Day event on May 1st in Sacramento on 10th Street between N and L (westside of the State Capitol building). See email sent out on April 22, 2024 for more information.
CAPS Members have the ability to write to their supervisors, their chain of command, department directors or agency secretaries to discuss their concerns about Return to Office. Here’s an example of what to write, but feel free to personalize it to your role and agency priorities. If you would like to share a template you created for your agency please cc at caps@capsscientists.org on your email:
Dear ______.
My coworkers and I are very concerned about the department’s push to “Return to Office.” I’m a CAPS UAW member, and I love being able to provide important services to the State of California. One of the central tenets of my work includes protecting California, and the world, from the devastating impacts of climate change.
California’s Department of General Services (DGS) Telework Tracking dashboard highlighted the benefits of telework by reporting cumulative savings estimates, before it was recently shut down. As of November 2023, DGS had reported 1,020,000,000 commuting miles saved, 25,700,000 commuting hours saved (which is equivalent to 2,937.7 years), $221,000,000 saved in gas, $680,000,000 total vehicle expenses saved, and 370,985 metric tons of carbon dioxide emissions avoided just by California state employees teleworking alone.
Arbitrarily bringing us back to the office for two days per week is diametrically opposed to one of the central principles of my work, and of yours.
In addition to the hypocritical nature of this return to office directive, I and my colleagues are concerned about returning to office because (insert your individual concerns here. Examples are listed below – NOTE: DO NOT discuss childcare difficulties during work hours as a reason to oppose RTO.)
- Our department reduced the size of our office and there isn’t space.
- Our colleagues do not work nearby, so coming into the office will result in untold hours on virtual meetings, while costing us more to go to work.
- I or my colleagues do not live close to the office we’re being asked to report to.
- We are concerned about the increased exposure to illnesses.
- I or my colleagues’ mentors are an undue distance apart, requiring that mentorship be remote.
- The way my work operates, all my in-office work will require that I be in virtual meetings, which will be disruptive in a cubicle setting.
Telework has increased morale and productivity, and improved my and my colleagues’ work/life balance. It has lowered some costs (commuting costs, food costs) and enabled us to be there for our families more quickly after work, and improved my sleep schedule, which comes with a host of health benefits. I ask that you work with my colleagues and I to ensure that any RTO makes sense for us. And if possible, I ask that you work with the Department to ensure we have common-sense telework policies.
Thank you,
NAME