ARTICLE

27.

Section 1 - Purpose

The Department and the Union recognize that unit employees may be seriously and adversely affected by a Reduction in Force (RIF), staffing adjustment (Title 38), reorganization, or transfer of function action. Management recognizes that attrition, reassignment, furlough, hiring freeze, and early retirement are among the alternatives to RIFs that may be available. This article describes the exclusive procedures the Department will take in the event of a RIF, reorganization, or transfer of function as defined in this Article. It is also intended to protect the interests of employees while allowing the Department to exercise its rights and duties in carrying out the mission of the Department.

Section 2 - Applicable Laws and Regulations

For purposes of Title 5 employees, the policy, procedures and terminology described in this Article are to be interpreted in conformance with 5 USC 3501-3504, 5 CFR Part 351, FPM Chapter 351, 29 CFR 1613.203, and other applicable governmentwide laws and regulations. For purposes of Title 38 employees, the policies, procedures, and terminology of this Article are to be interpreted in conformance with VA Directive and Handbook 5111. Either party may reopen Directive and Handbook 5111 within one year with proper notice. Any successor to the Directive and Handbook or changes or revisions to this document will be developed through the predecisional involvement of the Union and subject to collective bargaining.

Section 3 - Application

The Department agrees to fairly and equitably apply this Article and any laws or regulations relating to any matter in this Article.

Section 4 - Union Notification

A. Directors of VA facilities shall be responsible for properly notifying the Union in conjunction with any of the actions described in this Article.

1. A facility-based action affecting the interests of one local Union shall require notice to the President of that local.

2. A facility-based action affecting the interests of two or more local Unions shall require notice to a party designated by the National VA Council.

B. For actions covered by this Article, the Department agrees to notify the Union as described in Paragraphs A(1) and (2) in this Section at the earliest possible date but no later than 90 calendar days prior to the effective date.

C. All notices per Sections A and B above will be given prior to any notice to affected unit employees. Verbal notices will be confirmed in writing.

D. A properly constructed notice to the Union under this Section shall consist, at a minimum, of the following information:

1. The reason for the action,

2. The approximate number, types, and geographic location of position affected, and

3. The approximate date of the action.

Section 5 - Definition

For the purpose of this article, the following terms are defined in law and regulations and are included for informational purposes:

A. Reduction-In-Force (RIF):

When the Department releases a competing employee from his or her competitive level by furlough for more than thirty (30) days, separation, demotion, or reassignment requiring displacement, when the release is required because of lack of work, shortage of funds, insufficient personal ceiling, reorganization, the exercise of reemployment rights or restoration rights, or reclassification of an employee's position due to erosion of duties when such action will take effect after the Department has formally announced a reduction-in force in the employee's competitive area and when the reduction-in force will take effect within one hundred eighty (180) days.

B. Transfer of Function:

The transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas or the movement of the competitive areas in which the function is performed to another commuting area is known as a transfer of function.

C. Reorganization:

A reorganization is the planned elimination, addition, or redistribution of functions or duties in an organization or activity.

D. Title 38 Staffing Adjustments:

Changes resulting in a reduction of full-time Title 38 staff may occur through separation or reassignment to other facilities or other commuting areas, changes in assignment or reassignment within the facility, and changes to a lower grade or pay based on changes in staffing levels or patterns of at least one full-time permanent Title 38 employee.

E. Competitive Area:

An area in which employees compete for retention is known as a Competitive Area.. A competitive area must be defined solely in terms of the Department's organizational services or units and geographical location, and it must include all employees within the competitive area is defined.

F. Competitive Level:

Positions in a competitive area that are in the same grade (or occupational level) and classification series that are so alike in qualification requirements, duties, responsibilities, pay schedule, and working conditions that the incumbent of one position can successfully perform the critical elements of any other position in the level upon assignment to it, without loss of productivity or undue interruption is known as competitive level. Competitive levels for Title 38 employees will be determined in accordance with VA Directive and Handbook 5111.

Section 6 - Freezing of Vacancies:

The Department will freeze all relevant vacant positions within the facility sixty (60) days prior to the effective date of a reduction-in-force. When the Department decides to fill a vacant position after the effective date of the RIF, whether previously frozen by virtue of RIF or in the creation of new vacancies, employees who have been demoted will be offered the vacancy, provided the employee is qualified or has been given a waiver of qualifications for the intended position. Employee entitlement to this special consideration shall be determined in accordance with Section 24 of this Article.

Section 7 - Employee Notification

An individual employee who is adversely affected by actions stated in this Article shall be given a specific notice not less than sixty (60) days prior to the effective date of the action. All such notices shall contain the information required by the Office of Personnel Management (OPM) and the Federal Personnel Manual (FPM) regulations in addition to the information required by this Article.

Section 8 - Content of Notices

The content of the specific notice shall include the following information:

A. The specific action to be taken,

B. The effective date of action,

C. The employee's competitive area, competitive level, subgroup and service date, and the annual performance ratings of record for the applicable three (3) years,

D. The place where the employee may inspect the regulations and records pertinent to his/her case,

E. The reasons for retaining a lower standing employee in the same competitive level because of a continuing exception,

F. Grade and pay retention information, and

G. The employee's grievance or appeal rights.

Section 9 - Employee Information

The Department shall provide complete information needed by employees to fully understand the action and why they are affected. At a minimum, the Department shall:

A. Inform all employees as fully and as soon as possible of the plans or requirements for actions in accordance with applicable rules and regulations,

B. Inform all employees of the extent of the affected competitive area, the regulations governing such action and the kinds of assistance provided to affected employees,

C. Maintain and publicize a list of vacancies Departmentwide and maintain a copy of the Governmentwide job bulletins, such as Federal Jobs or Federal Research Service, and

D. Conduct a placement program within the Department to minimize the adverse impact on employees who are affected by RIF. The placement program will include counseling for employees by qualified personnel on opportunities and alternatives available to affected employees.

Section 10 - Personnel Files

The Union may review any bargaining unit employee's Official Personnel Folder (OPF) at an employee's request in writing if the employee believes that the information used to place him on the register is inaccurate, incomplete, or not in accordance with laws, rules, regulations, and provisions of this Article.

Section 11 - Records

The Department will maintain all lists, records, and information pertaining to actions taken under this Article for at least two (2) years in accordance with applicable rules and regulations.

Section 12 - Retention Register

The Department will state in writing that to the best of its knowledge the retention register is accurate as of the date it was developed. A copy of the retention register will be made available to the Union at the earliest possible time.

Section 13 - Employee Use of Authorized Time and Department Facilities

Employees who are identified for transfer of function, separation, or change to a lower grade as a result of RIF under this Article shall be entitled to reasonable time while otherwise in a duty status without charge to leave for:

A. Preparing, revising and reproducing job resumes and/or job application forms,

B. Participating in employment interviews,

C. Using the telephone to locate suitable employment, and

D. Reviewing job bulletins, announcement, etc.

E. Such employees will also be entitled to reasonable use of the following facilities and/or services for the purpose of locating suitable employment: telephone/FTS, reproduction equipment, interagency messenger mail, E-mail, typing, and counseling.

Section 14 - Performance Appraisals

Except for employees who are re-rated after a period allowed in 5 CFR Part 432, annual performance appraisals for purpose of retention standing will be frozen sixty (60) days prior to the effective date of the action. The three (3) latest annual appraisals of record prior to the freeze will be used to determine eligibility for additional credit toward an employee's service computation date. To be credited under this Section, an appraisal must have been issued to the employee with all appropriate reviews and signatures and must be on record.

Section 15 - Release From Competitive Level

When an employee is to be released from his/her competitive level, the "best offer" is made. The offer will be as close to the employee's current grade as possible and in the same commuting area if possible.

Section 16 - Employee Response to Specific Notice

Upon receipt of specific notice notifying the employee that he/she is offered a reassignment or change to lower grade or will be released from his/her competitive level, the employee shall have the fourteen (14) days specific notice period in which to accept or reject the offer made. If a position with a higher representative rate or grade (but not higher than the rate or grade of the employee's current position) becomes available on or before the effective date of the RIF, the Department will make the better offer to the employee. However, making the better offer will not extend the sixty- (60) day notice period.

Section 17 - Reassignment to a Different Geographic Area

Dislocation of employees outside of their commuting area shall be avoided when the Department has alternatives. When the Department is not able to place an employee within the local commuting area and the employee is reassigned to another geographic area, such action will be considered to be in the best interest of the Government. The employee's relocation expenses shall be at Government expense and reimbursed at the authorized rates.

Section 18 - Relocation Trips

When the Department assigns an employee to a position requiring a move to another geographic area, the employee will be granted administrative leave and/or excused absence, as appropriate, to locate housing and make related arrangements at the new work location. The employee shall be placed in travel status for such trips and shall receive travel and per diem reimbursement at the authorized rates.

Section 19 - Time Allowed for Relocation

Employees reassigned to a different commuting area who relocate will be allowed a period of time, as appropriate, to complete the move and report to work at the new work location.

Section 20 - Displaced Employees

The Department shall provide any employee to be separated by RIF or transfer of function with the appropriate information regarding unemployment benefits available to them.

Section 21 - Details

Employees on detail will not be released during a reduction-in-force from the position to which they are detailed but, rather, from the affected employee's permanent position of record.

Section 22 - Transfer of Function

A. When a transfer of function occurs, the Department will first solicit qualified volunteers for transfer from among those employees in positions that have been identified for transfer. If there are not enough qualified volunteers from among these affected employees, the Department will solicit qualified volunteers from the competitive area.

B. If the total number of employees who volunteer for transfer exceeds the total number of employees required to perform the function in the competitive area that is gaining the function, preference will be given to the volunteers with the highest retention standing. In the event there are not enough volunteers for the transfer, the employee with the lowest retention standing will be selected.

C. Whenever possible, affected employees who do not volunteer to be transferred shall be reassigned to vacant positions within the competitive area for which the employee is qualified and which management has determined to fill.

Section 23 - Repromotion Rights of Affected Employees

For a period of two (2) years, affected employees demoted by an action covered by this Article will be repromoted to vacancies as they occur according to the following criteria:

A. The Department determines to fill the vacancy,

B. The employee has the requisite skills and abilities for the position without undue interruption, and

C. Another qualified employee does not have a higher retention standing.

Section 24 - Reemployment Priority Rights of Affected Employees

Career and career-conditional employees who have received a specific RIF notice and have not declined a valid job offer at a rate lower than the current grade will be entered on the Department's Reemployment Priority List (RPL) for the commuting area in which they are qualified and available. Department components must use the RPL in filling vacancies before offering employment to an individual from inside or outside the Department (with some exceptions for veterans). Career employees may remain on the list for two (2) years and career-conditional employees for one (1) year from the date of separation unless removed earlier through placement or declination of an offer.