FCC Tells Staff to Prepare for Office Return; Too Soon for NTEU

Phase 3 is “flexible telework” and the last phase in the agency’s re-entry plan before the FCC resumes its fourth phase -- pre-COVID-19 in-office operations. “We anticipate entering Phase 4 in the near future,” said the memo to employees. The National Treasury Employees Union, which represents FCC workers, has said the agency should remain in the current phase of maximum telework. “We encourage employees to do what is necessary regarding their personal circumstances to prepare to return to normal operations in the coming months,” the memo said. As with this phase shift, the agency must give employees 30 days' notice before moving to phase 4.

“Consistent with government-wide trends, in-person activities at the FCC will continue ramping up during Phase 3 before we return to a normal operating posture in Phase 4,” said the memo. The FCC didn’t comment on whether in-person meetings or ex parte visits will resume as part of the shift to phase 3. “The plan outlines a reentry process that is in accordance with our negotiated agreement with NTEU," said an FCC spokesperson. FCC Chairwoman Jessica Rosenworcel said the agency was moving toward re-entering the office and in-person public meetings, in a press call after the March open meeting, which was the first attended physically by the FCC commissioners since 2020 (see 2203160031). "For the April meeting, we expect to continue to take steps forward with Commissioners and some staff able to attend the meeting if they choose," the spokesperson said. The FCC’s May open meeting is four days after the start of phase 3, but the agency didn’t comment on whether it would be open to the public.

The FCC announcement that it plans to move quickly to Phase 4 is “immensely disappointing,” said the NTEU FCC Chapter President Tracy Bridgham. The quick shift means the agency “would revert to old telework policies soon without any indication that new expectations or allowances would be applied to those standards.” NTEU hopes the agency position will change, she said. “We must stop thinking in terms of number of days allowed to telework and instead think in terms of legitimate business needs, which is the latest federal telework guideline,” she said. “We call on the FCC to agree to discuss and implement such improvements quickly, with our consent, to be more in alignment with Biden administration policies in preparation for Phase 4”.

Bridgham said the union is “encouraged” by language in the memo about accommodating telework requests regardless of an employee's location in the continental U.S.: “While we believe this is a giant step in the right direction, we are still hoping the FCC considers something more long term.” Expanded telework and remote work are “the highest priority” for employees in ongoing discussions between the FCC and NTEU, Bridgham said. She said there’s “disbelief” among employees that telework issues haven’t been resolved.

FCC employees were largely allowed to telework at will during phase 2, but in phase 3 “most employees should anticipate they will be required to perform some amount of in-person work” and “should not expect that they will never come into the office during Phase 3,” the memo said. However, the agency said it will maintain flexibility: “The FCC anticipates that it will generally be able to accommodate telework requests.”

FCC employees told us they didn’t consider the move to phase 3 a big shift but are concerned about phase 4. The degree of change may depend on which department employees work in and how that department regards telework. Since staffers were allowed to work from the FCC’s headquarters in limited numbers starting in December, many go to the office on a hybrid schedule, employees told us. Phase 4 could be a bigger shift, with the agency returning to its pre-pandemic limited telework policies, at least on paper. “Once we enter Phase 4, we will take into account lessons learned during the pandemic, and will continue to be mindful of pandemic-related issues that may be affecting employees and work within our policies and procedures to address them,” the memo said.

FCC staffers said in interviews they’re largely satisfied with the agency's COVID-19 protocols. The memo mentions masking policies based on the level of COVID-19 in the community -- Washington was rated “low” by the Centers for Disease Control and Prevention as of Wednesday afternoon -- and quarantine requirements for exposure.

With the proper protocols in place, it isn’t inappropriate to return to in-office work, said the Yale School of Medicine’s Perry Wilson in an interview. He said availability of rapid testing and making it easy for employees to stay home in case of exposure are important policies for workplaces ramping back up. Wilson also said the agency should be ready to backtrack to maximum telework if there's another COVID-19 surge: “You’ve got to be comfortable going back on your plans on a moment’s notice.”

Attorneys who practice before the FCC said the move is unlikely to greatly affect their work. “I do not think it matters very much,” said Charles Naftalin, of Holland & Knight. “They’ve done a good job of being available,” while working from home, said Sally Buckman of Lerman Senter: "Given the opportunity, I'd welcome going back to at least some in-person interaction with FCC staff," said Wiley's Eve Reed. Buckman said there's value in in-person meetings with FCC staff, especially for her clients, but she doesn’t think in-person ex parte meetings will ever be as frequent as they were pre-pandemic.