[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Proposed Rules]
[Page 26531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12623]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 92 / Wednesday, May 13, 1998 /
Proposed Rules
[[Page 26531]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR PART 351
RIN 3206-AH95
Reduction in Force Offers of Vacant Positions
AGENCY: Office of Personnel Management.
ACTION: Proposed rulemaking.
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SUMMARY: The Office of Personnel Management is proposing retention
regulations that clarify existing policy on reduction in force offers
of vacant positions.
DATES: Written comments will be considered if received no later than
July 13, 1998.
ADDRESSES: Send or deliver written comments to Mary Lou Lindholm,
Associate Director for Employment Service, Office of Personnel
Management, Room 6F08, 1900 E Street, NW; Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Thomas A. Glennon, or Jacqueline R.
Yeatman, 202-606-0960, FAX 202-606-2329.
SUPPLEMENTARY INFORMATION:
Assignment Rights-General
Reduction in force assignment rights are covered in part 351,
subpart G, of title 5, Code of Federal Regulations. Section 351.701(a)
provides that a competing employee in retention tenure Groups I and II
with current performance ratings of at least ``Minimally Successful''
who has been released from a competitive level is entitled to an offer
of assignment under the retention regulations if the employee has
``Bumping'' or ``Retreating'' rights to an available position in the
same competitive area.
Section 351.701(a) provides that the assignment right is limited to
positions lasting at least 3 months with the same work schedule, and in
the same competitive area, as the position of the released employee.
The assignment right is to another position which requires no
reduction, or the least possible, reduction, in representative rate.
Section 351.701(b)(2) covering bumping rights, and
Sec. 351.701(c)(2) covering retreat rights, provide that the available
position must be within three grades or grade-intervals (or equivalent)
of the employee's present position. However, under Sec. 351.702(c)(2),
an employee who is eligible for veterans' preference under the
retention regulations, and who has a service-connected disability of 30
percent or more, has a retreat right to positions up to five grades or
grade-intervals (or equivalent) of the employee's present position.
Assignment Rights-Offer of Vacant Positions
Section 351.201(b) provides that an agency is not required to offer
a vacant position during a reduction in force. However, if the agency
chooses to fill a vacancy with an employee who has been released under
authority of 5 CFR part 351 from a competitive level, then the agency
must make the offer consistent with the provisions found in subpart G
of that part.
Section 351.704(a)(1) provides that an agency may satisfy an
employee's right to assignment under section 351.701 by offering the
employee assignment to a vacant position under Sec. 351.201(b) if the
offered position has a representative rate equal to the employee's
entitlement under Sec. 351.701. (As another option, Sec. 351.704(a)(1)
also provides that an agency may satisfy an employee's right to
assignment under the administrative assignment provisions of
Sec. 351.705.)
Section 351.704(a)(1) is now revised to clarify longstanding OPM
policy that an agency may also offer an employee assignment to a vacant
position in lieu of separation by reduction in force under 5 CFR part
351.
Section 351.704(a)(1) is also revised to clarify longstanding OPM
policy that an offer of assignment to a vacant position must be
consistent with Sec. 351.201(b) and Sec. 351.701, including the grade
limits applicable to bump and retreat set forth in Sec. 351.701(b)(2)
and Sec. 351.701(c)(2). This revision modifies the decision of the
Merit Systems Protection Board in Monk v. Department of the Navy, 68
M.S.P.R. 560 (1995), in which the Board held that the usual grade
limits applicable to bump and retreat rights do not apply to reduction
in force offers of vacant positions. Agencies may still make offers of
vacant positions below the applicable grade limits under other
authority (e.g., as an offer of voluntary change to lower grade in lieu
of reduction in force).
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain Federal employees.
List of Subjects in 5 CFR Part 351
Administrative practice and procedure, Government employees.
U.S. Office of Personnel Management
Janice R. Lachance,
Director.
Accordingly, OPM proposes to amend part 351 of title 5, Code of
Federal Regulations, as follows:
PART 351--REDUCTION IN FORCE
1. The authority citation for part 351 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3502, 3503, Section 351.801 also
issued under E.O. 12828, 58 FR 2965.
2. In Sec. 351.704, paragraph (a)(1) is revised to read as follows:
Sec. 351.704 Rights and prohibitions.
(a)(1) An agency may satisfy an employee's right to assignment
under Sec. 351.701 by assignment to a vacant position under
Sec. 351.201(b), or by assignment under any applicable administrative
assignment provisions of Sec. 351.705, to a position having a
representative rate equal to that the employee would be entitled under
Sec. 351.701. An agency may also offer an employee assignment under
Sec. 351.201(b) to a vacant position in lieu of separation by reduction
in force under 5 CFR part 351. Any offer of assignment under
Sec. 351.201(b) to a vacant position must meet the requirements set
forth under Sec. 351.701.
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[FR Doc. 98-12623 Filed 5-12-98; 8:45 am]
BILLING CODE 6325-01-P
