Article 22
Reduction in Force

The Parties recognize that a Reduction in Force is highly disruptive to managers and employees alike and they are committed to working in good faith collaboration to aggressively mitigate the need for or the severity of a RIF. Consistent with this commitment, a union-management committee will begin meeting as soon as the agency anticipates that there may be a need for a RIF, e.g., if it appears that a Congressional subcommittee proposes budget cuts that could result in a RIF. The union-management committee will consider the missions and functions of positions, and will consider discretionary managerial and budgetary mechanisms immediately available to relieve funding shortfalls and employee reductions. The committee will include agency representatives that have the authority to make decisions that could mitigate the need for or the severity of the potential RIF such as facilitating the placement of employees outside of the affected organization, and make final RIF decisions. The committee would be the primary vehicle used to monitor the RIF.

Section 22.01

A. The Employer agrees to notify the NTEU of any reduction in force (RIF) as far in advance as possible and before notification of affected employees, and will furnish information about potential RIFs as soon as information is available, even if the information is not finalized. Such information shall include the reason for the RIF, the proposed effective date, the particular competitive area initially affected, initial competitive level definitions, the criteria used to identify the positions to be abolished, vacancies filled during the process, the retention registers involved, including a master retention list, and the list of abolished positions. Management will continue to provide information to the Union throughout the RIF process as it is developed and revised.

B. Likewise, the Employer will make all reasonable efforts to keep employees in a competitive area anticipating RIF generally informed of all relevant developments and decisions, including at a minimum a written announcement by the Head of the Headquarters Element, or designee, of the need for and decision to begin formal RIF planning and at least one informational briefing.

Section 22.02

Upon request by the NTEU, the Employer will provide a briefing on the conduct of the RIF.

Section 22.03

NTEU representatives will receive a reasonable amount of official time to participate in any meetings, briefings or negotiations with the Employer which may result due to an anticipated RIF.

Section 22.04

Any RIF will be carried out in accordance with law, regulations, DOE Order 3300.3, and this article.

Section 22.05

The Employer and NTEU will aggressively use all practicable options and measures to minimize the adverse impact of any reduction in force; for example, the use of attrition or requests for buyout and early retirement opportunities pursuant to 5 U.S.C. 8336, aggressive placement assistance throughout Headquarters, and in other agencies, freezes on outside hiring, retraining, and significant cost cutting (e.g., travel, performance awards and furloughs). Whenever feasible, vacancies will not be filled from outside the affected organization if employees facing separation are qualified and available for the vacancies.

Section 22.06

The Employer will provide NTEU and employees who are issued certificates of expected separation, or specific RIF notices, with information concerning the full array of entitlements and benefits that accrue to employees under law, regulation, and this article, including information on retirement options, severance pay, appeal rights, priority selection and repromotion, etc.

Section 22.07

Prior to the conduct of a reduction in force, all positions within the competitive area must be assigned to a competitive level.

Section 22.08

A. The Employer will advise employees in a competitive area in which a RIF is anticipated that they should avail themselves of the opportunity to review their Official Personnel Folder to ensure the accuracy and completeness of the information contained therein. A reasonable amount of official time will be provided for this purpose. The Employer will ensure that the opportunity to review retention data will occur before assignment rights are determined and specific notices are issued.

B. Employees may also have a reasonable amount of official time to review documents related to their reduction in force action. Employees who have been issued a specific reduction in force notice, and their designated representative, are entitled to review any completed records used by the agency in a reduction in force action that has been, or will be taken, against the employee including:

1. the complete retention register information with the released employee's name and other relevant retention information (including the names of all other employees listed on that register, their individual service computation dates and their adjusted service computation dates) so that the employee may consider how the agency constructed the competitive level, and how the agency determined the relative retention standing of the competing employees; and

2. the complete retention register for other positions that could affect the composition of the employee's competitive level, and/or the determination of the employee's assignment rights (e.g., registers to which the released employee may have potential assignment rights under Sec. 351.701(b) and (c) of the RIF regulations).

Section 22.09

A. The Employer will provide NTEU with two copies of the retention register used in determining assignment rights prior to the issuance of specific RIF notices. The Employer will provide NTEU with updated information concerning the RIF (such as additional positions affected, revised effective dates, and, should they be employed, the results of a all trial runs (i.e., "mock RIF" data) through the respective union-management committee, as soon as such information is available.

B. Subsequent to providing NTEU with copies, yet before issuance of specific notices, the Employer shall make the retention register available for visual inspection by employees in a competitive area in which a RIF has been announced.

C. To the extent that this information is available, the Employer shall provide NTEU with timely data that shows the numbers of employees in certain protected classes who are issued certificates of expected separation and specific RIF notices. Specifically, this data will show the numbers employees by race, national origin, gender, disability status, and age (40 and older).

NTEU will have up to five work days after receiving this data to submit ideas to the Employer on minimizing the potential adverse impact of a proposed RIF on protected classes of employees. At the completion of a RIF, the Employer will provide NTEU with a report on the numbers of employees in protected classes who were affected.

Section 22.10

When two or more employees are tied in retention standing, i.e., two employees in the same subgroup have the same service computation date, and one or more but not all tied employees must be released from the competitive level, the Employer shall break the tie on the basis of:

A. length of DOE service, and if a tie remains;

B. time within grade, and if a tie remains;

C. by lottery.

Section 22.11

An employee will be given five (5) calendar days in which to accept or reject an assignment offer made pursuant to this section.

Section 22.12

A. Employees identified as being affected by a reduction in force shall be provided written notice between ninety (90) and sixty (60) calendar days before the effective date of a reduction in force action. When circumstances not reasonably foreseeable necessitate that the Employer request approval from OPM to shorten the notice period, the Employer will consult with NTEU about the circumstances. In no case shall a notice be issued less than 30 full calendar days prior to the proposed effective date.

B Employees affected by reduction in force shall have the opportunity to meet with an Office of Personnel representative, to discuss the action and the information related to the employee's RIF action.

Section 22.13

A. The Employer shall provide surplus and displaced employees the full range of career transition assistance services mandated by OPM's Career Transition Assistance Plan regulations and applicable Departmental directives on Priority Placement and Career Transition Assistance.

B. The Employer shall provide employees who are downgraded in RIF with the full range of priority consideration provided under applicable Departmental directives.

C. The Employer shall provide employees with specific notices of separation and former Headquarters employees who were separated through RIF procedures the full measure of priority reemployment services afforded by OPM's regulations and applicable Departmental directives.

Section 22.14

In order to assist employees separated in a RIF action to obtain other employment, the Employer has established Career Management Resource Centers in both the Forrestal and Germantown facilities. These centers provide employees with a full range of outplacement assistance and services. Among the services provided by the centers are:

A. assistance in computer-assisted resume preparation and workshops on interviewing skills;

B. vacancy announcement listings and computer-assisted job search services;

C. registration services with Department of Labor's Dislocated Worker Program under the Job Training Partnership Act;

D. workshops on transitioning to the private sector.

In addition to the services provided by the CMRC, employees will be provided Employee Assistance Program (EAP) counseling services and private referrals, and individual retirement counseling.

Under the Department's Career Transition Assistance Plan, surplus and displaced employees are allowed a minimum of 40 hours of excused absence to use the facilities and services provided by the centers, and to conduct job interviews. Each employee separated through RIF procedures will be permitted access to the centers for career counseling and EAP counseling for a minimum of 90 days following their separations. Separated employees can avail themselves of various other self-help transition services provided by the centers for a minimum of a year following their separations.

Section 22.15

This agreement does not affect the entitlement of employees to file appeals contesting reduction in force actions to the Merit Systems Protection Board.

Section 22.16

An employee who is downgraded as a result of a reduction in force action and who is otherwise eligible, shall receive grade and pay retention benefits in accordance with 5 U.S.C. 5362 and 5363, and applicable regulations.

Section 22.17

The Employer will provide the NTEU with a report on each RIF as soon as practicable following the effective date of a RIF with the following information (electronically, if available):

A. Name, series and grade of employees reassigned;

B. Name, series and grade of employees downgraded;

C. Name, series and grade of employees separated;

D. A list of all vacancies filled during a RIF;

E. The information in A through D will also be provided by race, national origin, gender, disability status, and age to the extent that information is available.

Six months after a RIF, the Employer will provide the NTEU with a report containing the numbers of employees rehired and their job series.

Section 22.18

The parties agree to bargain over competitive areas for reductions in force to the extent allowable by law, in accordance with the provisions of Article 13. If the Employer decides to change competitive areas, it will notify the NTEU and honor all of its bargaining obligations before the change is effected.

Section 22.19

Nothing in the Agreement shall be construed to limit NTEU's right to bargain over any and all negotiable issues relating to a RIF that are not expressly addressed in this Article.