CWA plans to present the following letter at the upcoming public hearing at the Civil Service Commission being held in person on June 9th. This letter is our Solidarity Public Comment so we can file thousands of members' comments in a joint letter.

Please add your name so we can send a strong message to the CSC that we need a permanent telework rule NOW!

Date: June 9, 2025
Nicholas F. Angiulo, Director
Division of Appeals and Regulatory Affairs
Civil Service Commission
PO Box 312
Trenton, New Jersey 08625-0312
Rule.comments@csc.nj.gov

Re: Proposed Permanent Telework Rule

N.J.A.C. 4A:6-7 et seq.

This letter serves as submission of joint public comment on the proposed new and amended rules regarding Leave, Hours of Work, and Employee Development, N.J.A.C. 4A:6-7 et.seq., commonly referred to as the permanent Telework Rule for the State Executive Branch.  

We submit this joint comment on behalf of the thousands of undersigned members who are employed by the NJ State executive branch, represented by the Communications Workers of America (CWA).

We support swift adoption of the proposed rule and request non-substantive changes.

Telework for state executive branch employees has countless benefits to the State’s delivery of efficient, effective public services and employee recruitment and retention. State appointing authorities, employees, and unions have four years of experience successfully adopting, monitoring, and managing telework. The Commission has found the pilot program to be effective based on feedback from appointing authorities and employees.

For sake of brevity, it’s important to acknowledge to some of the main benefits that support adoption of a permanent telework rule:

• Telework improves employee recruitment and retention. At a time of employee churn in the broader labor market and effects of the “great resignation,” the State’s pilot telework program was extended “to stay competitive and to attract top talent, as well as take advantage of increased employee productivity.” We strongly support making telework permanent to provide stability in the workplace for current and future state employees.

• Telework has directly contributed to maintaining continuity of operations during emergencies and other potential disruptions. Although the State was forced to shift quickly to telework during the onset of the COVID-19 pandemic, the continuation of telework helped manage continued exposures in the workplace. State agencies have found direct and measurable benefits to continue operations during inclement weather events, facility closures, and other unforeseen circumstances that have shut down or disrupted public services prior to telework. The proposed rule amends the pilot to “allow greater functioning of the State during periods of inclement weather for those who have the ability to telework.”

• Telework is aligned with sensible climate change policy and New Jersey’s goals for reduced greenhouse gas emissions. The State’s telework program directly results in a reduction of vehicle emissions and thousands of commuting miles around our communities, especially in urban areas already suffering increased environmental challenges.

• State operations have adapted to new technology, including virtual meeting and collaboration platforms. Reducing or dismantling telework now would waste those technological investments, training, and efficiencies that have been created in the past four years. Appointing authorities and employees alike have invested in making telework work, with employers providing equipment to enable remote work and with workers creating home office spaces that adhere to the pilot.  

>>Prior to the current federal administration which has taken a regressive stance on telework, the federal government had versions of remote work for years prior to NJ’s pilot program. As a government employer, New Jersey should remain committed to telework, not follow a bad example. Under the pilot program, telework is part of normal business. It would be disruptive to eliminate telework and pivot back to a pre-telework environment.

• In the future, telework can enable possible efficiencies and reduced costs for state-owned and leased properties. While we have concerns about appropriate and adequate office space overall, careful and thoughtful property management can create opportunities for sustained savings for the state budget and taxpayers.  

The proposed permanent rule codifies many important aspects of the pilot program, including individualized assessment of each employee’s application and whether the position’s duties enable remote work; the employee’s responsibility to provide an appropriate remote work environment; requirements for the appointing authorities to broadly offer telework to employees and establish/continue alternative workweek programs (AWPs); and allowing authorities to approve dual participation in Telework and an AWP.

In particular, CWA acknowledges the revised appeal procedure under the proposed rule, which enable the union to move disputes through a grievance procedure when an employee has telework denied, revoked, or adjusted. We will evaluate the telework plans developed by each appointing authority after adoption of the permanent rule and will move disputes through this procedure if we find a department has abused its discretion and excluded employees, titles or groups, such as field offices, from the state’s broad telework program.

NON-SUBSTANTIVE AMENDMENTS TO THE PROPOSED RULE

We submit two requested amendments that we assert are non-substantive changes to the proposed rule. These amendments would improve flexibility at the appointing authority level to coordinate telework with AWP schedules, field work, and approve an amount of telework in line with their operational capacity. As noted in the rule and from the experience of the past four years, the State’s intent is to offer telework broadly in each appointing authority and to deal with exemptions where operational needs are truly incompatible with remote work. We acknowledge there are many state functions that cannot be performed remotely, but we have direct experience that most appointing authorities support a more expansive view of telework than what the pilot currently provides.

Our requested amendments are italicized below.

SUBCHAPTER 7: TELEWORK PROGRAM: State Service

4A:6-7.2 General Provisions

1. Each appointing authority shall provide a written plan for its telework program for approval to the Chairperson or designee, within 60 days of the adoption of this rule, or, if a new appointing authority is established, within 90 days of the effective date of the appointing authority’s creation. An appointing authority may not implement a telework program until its plan has been approved by the Chairperson or designee. The plan submitted for approval by the appointing authority shall identify any changes to the terms of the appointing authority’s telework plan in effect prior to the submission of the plan. Prior to submitting telework plans for approval, appointing authorities shall: 1) provide a copy of its proposed telework plan to the relevant union representative(s) at least 20 calendar days prior to submission to the Chairperson or designee; and 2) if received in time by the appointing authority within 20 days following the submission to the relevant union representative(s), submit the union’s comments and any response by the appointing authority to the union(s)’ comments, including an updated telework plan, as part of their submission to the Chairperson or designee.

1. A telework plan may not allow for more than two days of telework in a calendar week with a demonstration of operational benefit from additional remote work.

2. An appointing authority must track and maintain a record of when employees are working in the Official Reporting Location and when they are teleworking.

4A:6-7.7 Telework & Alternative Workweek Programs

1. Any appointing authority without an existing Alternative Workweek Program (AWP) shall create one. Appointing authorities must allow employees who are eligible for both AWP and the telework program to avail themselves of both programs so long as participation in both programs is consistent with the operational needs of the appointing authority. Appointing authorities shall have the sole discretion to determine if employees are eligible to simultaneously participate in the telework program and AWP. Such determination is not appealable. Employees deemed eligible to simultaneously participate in their appointing authority’s telework program and AWP must maintain a schedule whereunder they work no more than one day of telework during the week they are using their AWP day, except as provided under N.J.A.C. 4A:6-7.5.

We urge the Commission to adopt a final permanent rule, and we look forward to working with our represented appointing authorities for broad and swift implementation.

Signed by:

CWA District 1

CWA Local 1031

CWA Local 1032

CWA Local 1033

CWA Local 1036

CWA Local 1037

CWA Local 1038

CWA Local 1040