Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 18 Reduction in Force
SECTION 18.01 It is agreed that Office of Personnel Management (OPM) regulations governing reduction in force (RIF) shall be followed when establishing competitive levels; when releasing an employee from his/her competitive level by separation, demotion, furlough for more than thirty (30) days, or reassignment involving displacement; or when lack of work funds, reorganization causing separation, reclassification due to change in duties, or the need to make a place for a person exercising reemployment or restoration rights requires Management to release the employee. A RIF will be conducted free from Prohibited Personnel Practices as described in Section 2302 of Title 5 United States Code (USC).
SECTION 18.02 In accordance with Article 3 of this Agreement, the determination of the number, types and grades of positions to be abolished, determination of qualifications for displacement (bumping and retreating), determination of what vacancies, if any, are to be filled during a RIF and selection of individuals to fill such vacancies are decisions reserved to Management by the Civil Service Reform Act. When vacancies are to be filled during a RIF, it shall be in accordance with applicable provisions of Part 351 of the Code of Federal Regulations (CFR).
SECTION 18.03 When it has been decided by Management that a RIF which involves Unit employees will be conducted, Management shall inform the GESTA President of that decision prior to general public release by Management. Within ten (10) workdays after this notification, Management will provide GESTA an opportunity to meet and discuss its concerns regarding the methods, procedures and criteria to be used in effectuating the RIF, as well as, to discuss the anticipated impact on the Bargaining Units as a result of the RIF decision. GESTA agrees that any information provided by Management, as specified below, will be treated as privileged information and will not use it in a manner that may compromise Management's formal notifications.
a. When established, Management will provide GESTA the retention registers on which the RIF will be based. These registers will reflect the current position descriptions and competitive levels of all NCC 200, 300 and 700 Unit personnel. Once the initial retention registers have been provided, GESTA will be notified on a bi-weekly basis (or weekly, if changes are made weekly) of any changes to the retention registers until the completion date of the RIF. Such changes will include, but not be limited to, promotions, reassignments, separations, changes in competitive levels, etc.
b. When the approximate number and types of positions to be abolished have been determined, Management agrees to notify the GESTA President and to consider the views of GESTA concerning the anticipated impact on the Bargaining Units.
c. On the day prior to issuance of the specific RIF notices, Management agrees to provide GESTA the most current annotated retention registers covering positions in the GESTA Bargaining Units. Management further agrees to inform the GESTA President of changes made in RIF actions involving Unit employees between the date the RIF notices are issued and the effective date of the RIF. GESTA agrees not to inform any employee of these actions until notified by Management that all employees have received written RIF notices.
d. After the RIF notices have been issued and prior to the effective date of such actions, it is agreed that GESTA shall bring to the attention of the Director of Human Resources, or his/her designee, those RIF decisions which GESTA believes to be improper or in error and the reasons for that belief. GESTA shall be informed of the final determinations in a case of this nature.
SECTION 18.04 In determining RIF assignment rights, Management agrees that the displacement protection afforded employees in trainee positions shall be restricted to positions in formally designated and existing developmental programs. For this purpose, the developmental program:
a. must have been designed to meet a real Management need for the development of skilled manpower;
b. must have been formally designated, with its provisions announced to employees and supervisors; and
c. must have been fully implemented with participants having been chosen through standard selection procedures.
The retention registers provided to GESTA under the procedures specified in Section 18.03 of this Article shall identify all Unit employees in formally designated developmental programs.
SECTION 18.05 During a RIF, affected employees may be placed in existing or newly established vacant positions. When vacancies are filled in these circumstances, it shall be in accordance with applicable provisions of Part 351 of the CFR regarding such actions.
SECTION 18.06 A career or career conditional employee who is separated under RIF procedures shall be placed on the Reemployment Priority List and afforded priority consideration for competitive positions for which qualified, available and entitled in the commuting area from which separated, consistent with governing OPM and NASA instructions. Exceptions to the above will only be made in accordance with the provisions of Part 330 of the CFR. Management shall notify each employee or former employee adversely affected by such exceptions of the reasons for the exception and his/her right of appeal to the Merit Systems Protection Board or the Negotiated Grievance Procedure (Article 16) of this Agreement, as appropriate.
SECTION 18.07 Unit employees affected by RIF actions have the right to review regulations, retention registers, competitive level records (including supporting rationale), position descriptions, or other records pertinent to the action. In reviewing RIF records, the employee may, if he/she wishes, be assisted by a GESTA representative. The employee and his/her representative shall be given a reasonable amount of work time for this purpose.
SECTION 18.08 Management shall provide GESTA prompt notice of any changes to the currently designated competitive areas.
SECTION 18.09 If it is proposed to separate any Unit employee as a result of a RIF action, Management will provide such employees outplacement assistance consistent with the OPM and NASA guidelines for such activities. Such assistance will include obtaining training programs sponsored by states or the Federal Government for which affected employees may be eligible.
SECTION 18.10 Bargaining Unit employees affected by RIF actions have the right to appeal through the Negotiated Grievance Procedure in accordance with Section 16.06 of Article 16 of this Agreement. Section 7121 of Title 5 USC provides that the Negotiated Grievance Procedure is the exclusive procedure for Bargaining Unit employees for resolving matters falling within its coverage such as appeals of RIF actions.
SECTION 18.11 GESTA will receive advance notice of any furlough of thirty (30) days or more affecting Unit employees which will be processed under the provisions of this Article. Management and GESTA agree that it is in the best interest of the Center that constant and open communication be maintained when there is a likelihood of a furlough of any duration. Management is required to afford GESTA the opportunity to collectively bargain on the impact and implementation of the Center's decision to furlough in accordance with application of law and Article 6 of this Agreement.
SECTION 18.12 To minimize adverse effects upon Unit employees, Management agrees to take into consideration anticipated attrition, using the most current data, in establishing the number of positions to be abolished in a RIF.
SECTION 18.13 Upon the issuance of specific RIF notices, Management will make every effort to minimize promotion actions for Bargaining Unit employees in the affected organizational unit until the RIF is implemented.
