ARTICLE 15 - Reductions in Force and Transfers of Functions

SECTION 1.  Management will give the Union advance notice of any anticipated need for a reduction in force (RIF) (the term "RIF" will hereinafter include a transfer of function that involves geographical relocation of employees).  Further, Management will provide the Union, upon request, with relevant information in accordance with 5 U.S.C. 7114(b)(4), and Article 6, Section 1 of this Agreement.

SECTION 2.  Management shall provide written notification to the Union of a proposed RIF at the earliest possible date.  The notice will include the reason for the RIF, the approximate number of positions identified for RIF, and the anticipated effective date that the action will be taken.

SECTION 3.  After the notice specified in Section 2 has been given, but before Management has submitted its input to an NMAO request to NOAA for a RIF, Management and the Union agree to consult.  This is not a bargaining session, but rather an exchange of ideas on how to avoid or minimize the effect of the RIF.  Following the consultation, Management agrees to provide to the Union a copy of its input to the NMAO request for a RIF if still necessary.  Thereafter, Management will also provide to the Union a copy of the portion of the NMAO request pertinent to AOC, and copies of NOAA and DOC approvals of the request.

SECTION 4.  Management will provide to the Union a copy of the list of positions to be abolished when it has been approved. Bargaining over the impact and implementation of the reduction in force will then take place in accordance with Article 11.

SECTION 5.  Retention Standing.

(1)  The retention register will be prepared in accordance with 5 CFR 351.

(2)  Management will provide a copy of the retention register, including the employee’s tenure group, competitive level, service computation date and adjusted service computation date, to the Union at the time specific RIF notices are issued.

(3)   Employees who have received a specific notice (or their designated representative) will be permitted to review the applicable retention register so that the employee may consider how the competitive level was constructed and how the relative standing of the employee was determined.

(4)  When employees affected by RIF are in the same competitive level with the same length of service as computed under 5 C.F.R. 351.503 and the same subgroup, ties will be broken in the following order:

                        (a) length of service in AOC;
                        (b) total NOAA service; and
                        (c) time at the current grade level.

SECTION 6.  Management will give a specific notice in writing to employees who will be affected by a RIF, with a copy to the Union.  This notice period will be no less than 60 calendar days prior to the implementation date of a RIF action unless the RIF is caused by circumstances not reasonably foreseeable where the notice period will be at least 30 full days.  The notice period begins the day after the employee receives the notice.

 

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