Dear CASE Member:
The following information which was sent out earlier today only applies to members who have been directed to return to the office four days per week as of July 1, 2025.
This is a follow up to CASE’s email of April 11, 2025, in which CASE provided directions to members on the grievance process to request up to five (5) days per week. Thank you to everyone who has made the request for additional telework and let CASE know that you have made that request, any answer you received and are moving forward with the grievance process starting with requesting an informal grievance discussion. Due to the overwhelming response from members, CASE staff are not able to respond to each individual email received from members, meet with individual members on this issue and/or to provide directions to specific inquiries. This email is intended to address the various questions and concerns that have been asked of CASE.
I did not make the request for up to five (5) telework days by the date CASE requested me to do so. May I still make the request and proceed with the grievance process? Yes. You still have the right to file a grievance under the MOU. The purpose in CASE’s request was to impress upon the state the necessity for BU 2 members to telework as much as possible as soon as possible. It is also CASE’s intent to try to consolidate as many individual grievances as possible at each department. Having members at each department start this process at approximately the same time would help facilitate CASE’s goal of consolidating the grievances at each department.
I am reluctant to request up to five (5) days of telework due to my current situation. If I start this process at a later time, will my grievance be consolidated with those of my colleagues at my department? CASE will attempt to consolidate as many grievances as possible at each department. The ability to consolidate your grievance will depend on where it is in the grievance process. The sooner you start the grievance process, the more likely it will be that your grievance will be consolidated.
I have not received a direct response, either granting or denying my request to telework up to five (5) days per week (i.e. current telework agreement will remain in effect until July 1, etc.) What should I do? Many departments have not given a direct response, either granting or denying the request for additional telework. As such, CASE suggests that members consider the response, or non-response, to be deemed a denial and encourages those that have not received a direct response to email their supervisor stating that they deem their response as a denial and to begin the grievance process. Here is some suggested language for members to utilize. Members should tailor the language to their specific situation:
Dear Supervisor:
The BU2 MOU states that requests for telework “shall not be denied except for operational needs.” By not providing a direct response, I will take that to mean you are denying my request based on the operational needs stated in the executive order. Please correct me if I am mistaken. As this is a denial, I am requesting an informal grievance discussion per section 7.6 of the MOU.
My department has emailed employees with directions on completing new telework agreements in anticipation of the upcoming July 1, 2025, implementation of requiring employees to be in the office four (4) days per week. What should I do? How does this affect my grievance? In order to telework after July 1, 2025, you will need to follow the instructions provided by your department. You still have the right to follow the process of requesting additional telework, being denied, and beginning the grievance process even if you must comply with your department’s directions.
Grievance Process
- Request for additional telework. If your department has another process to request telework, please follow that process.
Supervisor,
My current telework agreement to telework for XX days per week is approved through XX. Please advise if the department will be honoring my current telework agreement.
At this time, pursuant to section 6.4 of the CASE MOU, I am requesting to telework up to 5 days per week, notwithstanding Executive Order N-22-25. That executive order expressly requires departments to “consider employee requests for more than one telework day per week on a case-by-case basis.” I understand that my job duties may require me to go into the office, and I will of course do so whenever necessary. However, the last 5 years since the COVID pandemic have demonstrated that I can perform the vast majority of my work remotely and can do so efficiently. Please advise if this request is granted. If not, please provide the operational needs for denying my request for telework up to five days per week.
In the alternative, you can ask your supervisor if they are willing to waive the informal grievance discussion per section 7.4 of the MOU so that you can proceed to file the grievance at the first level. Make sure your request and the granting of the request is in writing and included in the grievance packet.
As CASE has previously reported, in some of the prior telework arbitrations, the arbitrator has ruled that the MOU requires employees to make individual telework requests. Other arbitrators have determined that CASE can make telework requests on behalf of its members. CASE is continuing to litigate this issue, and does not believe the MOU requires individual requests, but moving forward, we recommend each employee make an individual telework request in order to prevent the State from making this procedural argument in future arbitrations.
- Informal grievance discussion with your supervisor per section 7.6 of the MOU. We encourage you to have this conversation via email rather than verbally, so that it can be documented. A sample email for you to use in the informal discussion is as follows (please tailor to your specific circumstances as appropriate):
Supervisor:
On [DATE] my request for telework up to five days per week was denied. Pursuant to Section 7.6 of the CASE MOU, I am hereby initiating an informal discussion regarding that denial. I urge you to reconsider that denial in light of my high-quality work performance over the last XX years during which I have been working remotely for the majority of the time. In addition, as you know, my commute to the office (one way) is XX miles, which creates a hardship for me both in terms of time spent commuting, and the financial costs associated with commuting, parking, etc. In addition, based on the ability to telework over the last XX years, I have moved my place of residence/changed my child’s school/reduced our family down to one vehicle/begun caring for my elderly parents. Forcing me to come into the office four days per week will be a major hardship. Thank you in advance for your consideration.
A brief discussion as to why you are requesting additional telework is fine. Do not feel that you have to provide every argument or factual situation at this time. Chances are your supervisor has no authority to grant your request for additional telework. This is simply a required step per section 7.6 of the MOU.
- First level grievance. If the grievance is denied at the informal discussion level, or if you do not receive a response from your supervisor to your request for an informal grievance discussion, you may submit a grievance at the first level to your supervisor. The grievance packet should contain:
· The completed grievance form
· Complete a statement of grievance
· The email exchanges between you and your supervisor requesting additional telework
· Your supervisor’s response (if any)
· The request for the informal grievance discussion
· The response to the informal grievance discussion (if any)
· If applicable, the waiver of informal grievance discussion
· If applicable, any requests for extensions to appeal or respond made by the parties and the granting of that request per section 7.3 of the MOU
- Second level grievance. Once you receive the first level denial, file the second level appeal with your department’s Labor Relations Office. The appeal packet should include all of the documents in item 3 plus the first level response. Feel free to add an additional writing to address any other points you would like to make or specific issues brought up in the first level response.
- Third level grievance. When you receive the second level denial, file the third level appeal with CalHR. Appeals should be sent to grievances@calhr.ca.gov. The appeal packet should include all of the documents in items 3 and 4 plus the second level response.
- Fourth level grievance – Arbitration. When you receive the third level denial, please forward to CASE so that CASE can make a request for arbitration. Only CASE may request arbitration.
Please forward a copy of the complete grievance packet including responses and appeals to CASE at info@calattorneys.org. Do not send CASE anything that your department may consider confidential and/or attorney-client privileged and do not include it in your grievance packet.
Also, please keep track of the grievance timelines found in Article 7 of the Unit 2 MOU. The MOU may be found at https://calattorneys.org/wp-content/uploads/2022/11/BU-2-MOU-Final-2022-2025-11-09-2022.pdf. Due to the large number of grievances CASE expects to be filed, it is imperative that members keep track of the timelines for their individual grievance.
As always, your support of CASE and your colleagues in Bargaining Unit 2 is greatly appreciated.
Sincerely,
The CASE Board of Directors