Common use of Reduction-In-Force and Transfer of Function Clause in Contracts

Reduction-In-Force and Transfer of Function. Section 1. The provisions of this Article establish or specify the procedures, which apply to the implementation of any Agency decision that a reduction in force (RIF) is necessary and specify actions the Agency will take to assist BUEs who are impacted consequently. RIF will be accomplished in accordance with statutory requirements, OPM rules and regulations, Department of Interior and NPS regulations, and this Agreement. A. A RIF occurs when the Agency releases a competing employee from their competitive level by furlough for more than 30 days, separation, demotion, or reassignment requiring displacement, when the release is required because of lack of work, shortage of funds, insufficient personnel ceiling, reorganization, or an Agency's exercise of reemployment rights or restoration rights. B. Transfer of function is the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas. Except when the function involved is virtually identical to a function already being performed in the other competitive area, or the movement of the competitive area in which the function is performed to another commuting area. Section 3. At the earliest practicable date, the Agency shall notify the Union in writing of a pending RIF or transfer of function prior to informing employees. The notice to the Union shall include the reasons for the RIF or transfer of function, the approximate number of employees who may be affected, the types of positions anticipated to be affected, and the anticipated effective date of the action. Section 4. To minimize any adverse impact upon employees in a RIF or transfer of function, the Agency may consider alternate methods such as reassignment, or details which do not result in displacement of employees. The Agency may also consider placing affected employees in vacant positions. Section 5. The Agency shall provide the following information to employees in the affected competitive area to help them understand why they are affected by a RIF or transfer of function: A. The extent of the competitive areas and specific reasons for the RIF or transfer of function, in accordance with applicable laws, government-wide rules, and regulations; and B. Information on the regulations governing RIF or transfer of function on the specific kinds of assistance provided for affected employees and on the procedures for obtaining such information. A. The Agency shall provide a specific written notice to each employee affected by the RIF or transfer of function 60 days prior to the effective date. The specific notice shall include: 1. The action taken; 2. The effective date of the action; 3. The employee's service computation date and subgroup; 4. The employee's competitive area and competitive level; 5. The employee's annual performance ratings received during the last three years; 6. The employee's appeal or grievance rights and the time limits for such actions; and 7. If applicable, specific information on the Reemployment Priority List and the Displaced Employee Program. B. A copy of the specific notice to be issued to employees or a suitable summary of such notices shall be provided to the Union. Section 7. An employee affected by a RIF has the right to review the retention registers and records having a bearing on the specific action taken. Section 8. Affected employees shall have a minimum of ten (10) working days to accept or reject an offer of another position. Section 9. After receipt of the Agency's offer, an employee may request an assignment to a vacant position for which the employee is qualified at same or lower grade. The Agency agrees to consider such a request. Section 10. A permanent employee placed in a lower graded position due to RIF may be eligible for grade and pay retention subject to statutory requirements, OPM rules and regulations, and the provisions of applicable Agency regulations. Section 11. The Agency and the Union recognize that unit employees may be seriously and adversely affected by a RIF and/or transfer of function action. In the event of a reduction-in-force and/or transfer of function, the Agency will notify the Council President to fulfill any obligation to bargain consistent with 5 U.S.C. 71.