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Article 32
Reduction in Force or Transfer of Function
Section 1. General
a. The Department will adhere to all applicable Government-wide rules and
regulations and the provisions in this Article in the administration of
reduction in force or transfer of function.
b. This Article governs: (1) transfer of function; and (2) the separation,
demotion, reassignment requiring displacement of another employee, or
furlough for more than thirty (30) calendar days of bargaining unit
employee(s) by reduction in force from their respective levels.
c. The parties agree that RIF’s will be handled in accordance with 5 CFR part
351. The determination of Competitive areas will be made in accordance
with 5 CFR 351.402. The Notice to Union and employees regarding any RIF
will include the Competitive area.
d. Administrative assignment rights for employees in the excepted service will
be administered in accordance with 5 CFR 351.705(a)(3).
Section 2. Notification
a. Preliminary Notification to Local 12 of Reduction in Force or Transfer of
Function
(1) When it is anticipated that transfer of function out of the commuting
area or reduction in force affecting bargaining unit employee(s) will
be necessary, Local 12 will be given preliminary notification in
writing. This notification will be at least 120 calendar days in
advance of the anticipated implementation date, unless
circumstances dictate otherwise, and will include the following
information:
(a) The reason for the reduction in force or transfer of function;
(b) The approximate number of employees who may be affected
initially;
(c) The competitive areas and levels that may be involved initially in
a reduction in force; and
(d) The anticipated effective date that action will be taken.
(2) At the time Local 12 receives its preliminary notification of an
anticipated RIF, the Department will provide Local 12 with a list of all
employees covered by the notice whose current annual ratings of
record are overdue.
b. Notice to Employees
(1) Affected employees will be given a specific notice in writing no less
than sixty (60) calendar days prior to the implementation date of a
reduction in force or transfer of function out of the commuting area
unless circumstances dictate otherwise as explained in paragraph (2)
of this Subsection. The notice period begins the day after the
employee receives the notice.
(2) When a reduction in force is caused by circumstances not reasonably
foreseeable, the Office of Personnel Management (OPM), at the
request the of the Department, may authorize a notice period of less
than sixty (60) days but at least thirty (30) full calendar days before
the effective date of release.
Section 3. Retention Registers
a. At least two (2) workdays before the issuance of initial specific notices,
Local 12 will be provided a copy of the annotated retention register(s) to be
used to issue the specific notices. Amended or revised retention registers
will be provided to Local 12 as soon as possible.
b. The retention register will include: (1) the employee’s tenure group,
competitive level, and service computation date; (2) the ratings of record
used to compute credit for performance; (3) the amount of credit for
performance; and (4) the adjusted service computation date.
c. After receipt of a specific notice, employees and/or their designated
representative will be permitted to review the retention register so that the
employee may consider how the competitive level was constructed and how
the relative standing of the employee was determined. This includes the
right to review the complete retention registers for other positions that
could affect the composition of the employee’s competitive level, and the
determination of the employee’s assignment rights.
d. Employees’ performance ratings of record due before the issuance due date
of specific RIF notices will be submitted to the servicing Human Resources
Office in sufficient time for retention standing to be determined. The due
date would ordinarily be no more than fifteen (15) calendar days prior to
the issuance date of specific notices.
e. When employees affected by RIF are in the same competitive level with the
same length of service, as augmented by performance credit, and the same
subgroup, ties will be broken in the following order: (1) total DOL service;
(2) length of service in the DOL Agency; and (3) time at the current grade
level.
Section 4. Department of Labor Employee Placement Assistance for
Reduction in Force or Transfer of Function
Placement assistance for either Reduction in Force or Transfer of Function shall be
governed by 5 CFR 330 Subpart F.
Section 5. Repromotion List
a. Career, career-conditional, and excepted employees not serving under timelimited
appointment, will be entered on the repromotion list and given
special consideration for repromotion when: (1) a vacancy occurs which will
be filled by merit staffing competitive procedures; or (2) an excepted
vacancy occurs that will be advertised internally. The employee must be
qualified for the vacancy, it must be at the employee’s former or an
intervening grade, and it must be in the Washington, D.C. metropolitan
area.
b. Eligibility for referral begins on the effective date of the downgrade or when
the employee’s entitlement under the Displaced Employee Program ceases.
It extends for a period not to exceed two (2) years, or until the employee
has reached his/her former or retained grade, whichever occurs first, unless
the employee declines a reasonable offer of a position. A reasonable offer
means an offer in the Washington, D.C., metropolitan area at the same
grade from which the employee was downgraded. If an employee refuses a
position at an intervening grade in the Washington, D.C., metropolitan area,
the employee will be removed from the repromotion list for that grade only.
c. Employees will be referred for consideration and will be interviewed within
the constraints of time, budget, etc. Selection may be made of any eligible
on the list.
d. If the employee is not selected from the repromotion list, and is later
certified on a merit staffing certificate for the same position, the selecting
official will provide a written explanation for nonselection.
Section 6. RIF Contract Coverage
During the term of the Agreement, all RIFs will be conducted in accordance with
this Agreement and the appropriate regulations. Nothing will waive the right of
Local 12 to negotiate on the impact or implementation of any individual RIF with
respect to matters not covered by this Agreement.
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