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Barbara Reeves, President
New items on Human Resources’ web site that affect your rights under your contract are worth considering for a moment. Recently, we brought you a story about how HR had attempted to change the evaluation process and posted a new performance evaluation form on the web without informing the Union. They did so even though the CTU has a long history of insisting on our right to bargain over changes in the evaluation process, a right the University acknowledges. More recently, we discovered HR’s new Telecommuting Guide, "a guidebook for employees and supervisors who are considering telecommuting." The Guide defines telecommuting as "a workplace option that allows work to be done at an alternate work site, such as the home, for one or more days per week." The document clearly states that MSU "does not have a formal policy or procedure regarding the practice of telecommuting." It purports to be merely a guide that provides limited and general information about telecommuting, a few suggestions and, at the end of 20 single-spaced printed pages, an optional "agreement" for the employee and supervisor to sign. In a subsequent discussion, Sam Baker indicated that the Guide is not subject to bargaining because it provides only suggestions and not policy. He said that the Guide does not change anything since MSU employees have always been able to telecommute. He also pointed out that the guidelines make it clear that the practice must be agreed to by both the employer and the employee. So what’s the problem? The CTU sits up and takes notice any time individual CTs are asked to make agreements with the University that change their working conditions. We already have a written and signed agreement that determines the working conditions between MSU and its CTs. It’s called the Contract! Wherever members work—at home, on the MSU campus, or at an off-site location—no policy, guideline or agreement, written or verbal, supersedes our protections under our Contract. The CTU has no desire to stop members from considering the option of telecommuting. It could be a convenience, an opportunity or a real job-saver for some of our members in certain circumstances. However, when the employer begins publishing guidelines and providing agreement forms, we insist on discussing them and their implications for CTs. We don’t even object to the concept of publishing telecommuting guidelines. In fact, we believe that HR is being responsible in establishing guidelines for a practice that is gaining in popularity on campus and, indeed, throughout the country. Both employees and supervisors at MSU have many questions about the possibilities for their work sites. However, we must insist that HR discuss the implementation of such guidelines with the Union. Since implementation can affect the terms and conditions of a member’s employment, it is a mandatory subject of bargaining. That the guidelines are voluntary is irrelevant. Ideally, whenever management implements a procedure or policy that could affect our wages, benefits or working conditions, they should contact the CTU. We can then respond in one of three ways: agree to the changes; request more information, usually through a special conference; or demand to bargain. We do object to discovering such changes are already in effect by stumbling over them on the web. Special conference After finding the Telecommuting Guide on HR’s web site, the Executive Board requested a special conference, which took place June 8. At the conference, we voiced many of our concerns, including our fear that supervisors might use arbitrary, discriminatory or unfair standards to decide who may and may not telecommute. For example, supervisors might give the opportunity to employees who can afford to provide their own equipment, or even supplies, instead of to those who would need such items furnished. We are also concerned about liability and safety issues. Although telecommuters would be covered by workers’ compensation, the individual employee is responsible for verifying that the home worksite is safe. At this time, we are continuing to discuss our concerns with the University. We have requested notification when a member enters into a telecommuting agreement, and we have asked that the guidelines include a statement that the Union Contract covers members who enter into these agreements. Contact your union! Let us know your thoughts on this. It is especially important that you contact us whenever you are involved in or considering a telecommuting arrangement. Recently, a couple of our members who worked from home as medical transcriptionists were informed that their department had decided to make them independent contractors instead of MSU employees. If successful, the department would have left these CTs without benefits or layoff provisions. With the assistance of the Union, they were returned to their positions at the worksite with all of their benefits, rights and seniority intact. This example underscores the importance of staying in contact with your Union, particularly if you are working under a nontraditional arrangement. Anyone considering telecommuting should know the potential pitfalls and be fully aware of his or her rights under our Contract. If you currently work in a telecommuting arrangement, are considering it, or in the process of discussing it with your supervisor, contact us. We are, after all, here to help members make sure that their rights are protected and that they are not being taken advantage of. |
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Telecommuting:
Know your rights
