Chief Negotiator�s Corner
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What is a RIF and how will it affect you?


A Reduction in Force (RIF) is the procedure used by the federal government to reduce staffing due to circumstances such as a lack of work, shortage of funds, lowered personnel ceilings, or reorganization.

Short of eliminating the A-76 study of flight service, the current situation will most likely result in a RIF. The end result of the study, including who the successful bidder is, along with what we are able to negotiate will determine how many flight service employees are affected and how it will impact their careers and personal lives. This is an overview of the process and your rights.

RIF regulations are issued by OPM and can be found in 5 CFR 351 however when the Agency was authorized to develop their own personnel system (Sec. 347 of the 1996 DOT Appropriations ACT), RIF policy and procedures were included. The Agency chose to continue the RIF policies and procedures in effect at that time. They are found in FAA Order 3350.2C, October 17, 1994.

Prior to conducting a RIF, the Agency must comply with Article 107 of our contract which states: "Prior to any Reduction in Force (RIF) in the NAATS bargaining unit, the Agency shall notify the union and negotiate to the extent required by law and in accordance with Article 7, Mid-Term Bargaining."

This is where we get our shot to negotiate the mitigation of the adverse impact on the employees (what the Agency will do to help you) and arguably, the substance of the policy contained in the order itself. OPM guidance states conducting a RIF is the final option of an agency. Other options, including hiring freezes, early retirement, buyouts and directed reassignments should be tried before conducting a RIF. This list is not all inclusive and anything we can come up with is fair game for negotiations.

BASICS

After completion of negotiations, assuming the basic RIF process is followed, the Agency must determine the retention standing of each affected employee based upon the employee�s competitive area and competitive level.

First the Agency must define competitive areas. A competitive area must be defined solely in terms of an Agency organizational unit and geographical location and includes all employees within the area. The minimum competitive area is a subdivision of the agency under separate administration within the local commuting area. In most, if not all cases this would be an individual facility. Unfortunately, all case law has held that negotiation of competitive areas is a permissive subject if it includes employees not covered by the bargaining unit. Since this is the case, management may chose to negotiate competitive area but we could not force them to. A competitive area must be established at least 90 days prior to a RIF

Next, competitive levels are determined based on grade, job series, qualifications, duties, and working conditions of the employees in each competitive area. In a nutshell, separate competitive levels would be established for supervisors, journeymen, developmentals�, etc. If there are any part-time or seasonal employees in any category they would be placed in separate competitive levels.

This would be followed with the development of retention registers for each competitive area, by applying the four retention factors to the employees in each competitive level. The four retention factors are: 1.) Tenure (I, II, III), 2.) Veterans� Preference (Subgroup AD, A, B), 3.) Length of Service (Service Comp Date or SCD) and, 4.) Performance (adjusted SCD based on performance appraisals).

The Retention Register is the single most important document in a RIF. This list determines the order in which employees are released (assuming the transition plan does not call for the abolishment of all jobs in an entire competitive area simultaneously) and which employees remain employed (assuming the Agency retains a certain number of employees for the MEO or inherently governmental work retained in the Agency).

BUMP/RETREAT RIGHTS

Bump and retreat are probably the most misunderstood actions that may take place in a RIF.

"BUMPING" means displacing an employee in the same competitive area who is in a lower tenure group, or in a lower subgroup within the released employee's own tenure group. For example, an employee in Tenure group I can bump an employee in Tenure groups II or III, and an employee in Subgroup IAD can bump someone in Subgroups IA or IB. Although the released employee must be qualified for the position, it may be a position that he or she has never held. The position must be at the same grade, or within three grades or grade-intervals, of the employee's present position.

RETREATING" means displacing an employee in the same competitive area and in the same tenure group and subgroup who has less service. For example, a IA employee might be able to retreat to the position of another IA employee who has less service. The position must be at the same grade, or within three grades or grade-intervals (five for subgroup AD), of the employee's present position. The position into which the employee is retreating must also be the same position (or an essentially identical position) previously held by the released employee in any Federal agency on a permanent basis.

Employees with a current annual performance rating of "Minimally Successful" only has retreat rights to positions held by employees with the same or lower current performance rating.

Employees in Groups I and II with current performance ratings of "Unsuccessful," and all employees in Group III, have no assignment rights to other positions.  Employees holding excepted service positions have no assignment rights unless their agency, at its discretion, chooses to offer these rights. (Note: The FAA has given these rights to Agency employees per FAA Order 3350.2C)

All that being said, you the employee will not see any of the mechanics just described. The Agency (HR) determines competitive area, competitive level, and retention registers. If you have bump and/or retreat rights they will apply them. You don�t choose who you will bump or what position you will retreat to (if the option is even available). The most important thing for you to realize is that bump and retreat apply to your competitive area. It does not allow you to bump or retreat to another facility or job previously held anywhere outside the competitive area.

That is not to say that if you have previous experience in terminal, enroute, AF, personnel, or any other area that you can�t get there. The Agency can offer you a position or we may negotiate it. All is not lost and no specifics have been discussed or agreed to at this time. It is an ongoing process.

If and when the time comes, you will receive a RIF notice which will contain:

1. the action to be taken

2. the reasons for the action

3. the effective date

4. your competitive area

5. your competitive level

6. your subgroup

7. your service computation date

8. your annual performance ratings for the last 4 years

9. the place where you can inspect relevant regulation and documents

10. the reasons for retaining any lower-standing employee in the same competitive level (if that has occurred)

11. information on reemployment rights

12. your right to appeal to the MSPB or grieve under the negotiated grievance procedure

The single most important thing you can do to preserve your rights is to ensure that the RIF notice is complete and accurate. It contains the information used to place you on the retention register and determine your retention standing.

The first step you need to take is to review your Official Personnel File and check the accuracy of the information it contains. You also need to be sure it is complete and up to date regarding previous positions held and any update to your educational experience. It could mean the difference in being offered a position or being on the street.

I have downloaded a wealth of information on RIF and employee rights. I will be contacting John Dibble and Jose Vasquez to determine which web site they will be on for your use.

If you have any questions e-mail the to Kate Breen, [email protected], and either she or I will find an answer and get it posted on the appropriate website.

Bill Dolan