NTEU and the IRS have reached an agreement to implement a volunteer remote work project for employees in specific business divisions and units that the IRS has determined are eligible for remote work.

NTEU pleased to share with you that NTEU and the IRS have executed a Memorandum of Understanding (MOU) that implements a voluntary remote work project for employees the IRS has determined are eligible for remote work.  This project will run for 15 months from the date the first group of employees is approved.  The participating employees will have their official duty station changed from their current IRS POD to an alternate or remote work site (i.e., their home) and will no longer have to meet the twice a pay period reporting requirement that applies to Frequent teleworkers pursuant to Article 50, Section 1A4.  We believe approximately 2,700 bargaining unit employees are eligible for this project.

NTEU understands that remote work is something our members want.  This project is the first step in these efforts.  Existing Federal Labor Relations Authority case law grants management the right to determine the official duty stations of employees, i.e., where the work of the agency will be performed.  For that reason, we are not able to simply propose at a table that the right to work remotely be extended to significantly more occupations in all divisions and units.  The IRS determined that participation in this project would be limited to specific divisions and units, as well as the series of employees in those units.  We will continue to push the IRS for the expansion of remote work.  We are convinced that this project will show that remote work is a viable alternative to Frequent telework for many employees and may result in a higher rate of recruitment and retention, as well as increased job satisfaction.  

Other highlights of the MOU include:

• The IRS has determined that employees in the business divisions and units, and positions listed in the MOU who live within fifty (50) straight-line miles of their current POD will be eligible to participate in remote work.  IRS will execute a Personnel Action Request (PAR) for each participating employee changing their official POD to their remote worksite.

• Participating employees will be excused from the requirement that they report to an IRS office twice per pay period and will not be regularly expected to report to an agency worksite. 

• Participants may be required to occasionally report to the office, as duties dictate, for in-office activities.  The Office will provide as much advance notice as possible on these occasions.  In these circumstances, employees directed to an agency worksite more than fifty (50) miles from their remote worksite will be reimbursed for such travel in accordance with Article 29, law, rule, regulation, and IRM 1.32.1.  Employees traveling to a worksite in the general vicinity of their remote worksite will be eligible for reimbursement for public transit costs.

• IRS has agreed that it will not limit participation among eligible employees based on the number of volunteers for the project.  Employees wishing to participate in the project must meet the eligibility for frequent telework in Article 50 of the 2022 National Agreement (i.e., complete telework training).

• The IRS may determine on a case-by-case basis that employees in positions that are generally eligible for remote work are ineligible to participate in the project because their duties may require them to regularly report to the office.

• IRS will commence the project no later than March 12, 2023.

• The locality pay for employees will be based on their remote worksite.  The IRS will execute PAR actions to change locality pay for employees whose remote worksite locality differs from their current POD.

• The project will last fifteen (15) months from when the first group of volunteers begins remote work unless the IRS determines that the project is impairing agency operations. 

• The IRS will provide NTEU data regarding the effect of the project on a variety of metrics, including employee satisfaction, retention, and recruitment.  At the conclusion of the project, the IRS will discuss making the project permanent and expanding participation with NTEU.

If you would like a copy of the MOU or a list of the eligible positions please contact our office at 801-620-6511 or via email at NTEU67@gmail.com