Bumping/Retreat Rights  |  Competitive Area  |  Competitive Level  |  Filling Positions
Furlough/Layoff/Re–employment  |  Hiring Freeze  |  Notification  |  Performance
Regulations  |  Stays  |  Use of Seniority  |  Miscellaneous

1. Agency to negotiate on the imposition of a freeze on hiring from outside in connection with a realignment of the work force. NFFE, Local 1332, 3 FLRA 611 [NN]
2. In transfer of function all vacancies in the bargaining unit will be frozen until affected employees have the chance to request assignments at their same or lower grades, have received responses from the agency, and have indicated whether they will accept or decline to transfer with the function. AFGE, AFL–CIO, Local 2612, 8 FLRA 429 [NN]
3. Freezing hiring from outside sources during a reduction in force. NTEU, 19 FLRA 224, Proposal 2 [NN]
4. Temporary freeze on outside hiring once a general reduction in force notice is posted. ACT, Montana Air Chapter, 20 FLRA 717, Proposal 1 [NN]
5. Agency to eliminate outside recruitment efforts in the event of a reduction in force. International Plate Printers, Die Stampers and Engravers Union of North America, AFL–CIO, Local 2, 25 FLRA 113, Provision 32 [N]
6. Agency to freeze all vacancies throughout its national office pending placement of all employees adversely affected by reduction in force. AFGE, Local No. 12, 25 FLRA 987, Proposal 1 [NN]
7. Agency to attempt to minimize the effects of reduction in force by using, to the extent feasible, attrition to accomplish the reductions. AFGE, AFL–CIO, National Immigration and Naturalization Service Council, 27 FLRA 467, Provision 5 [N]
8. Freezing reassignments and competitive promotions within the bargaining unit until the reduction in force is consummated or canceled. NTEU, 31 FLRA 566, Proposal 38.12 [N]. Reversed in Nuclear Regulatory Commission v. Federal Labor Relations Authority, 895 F.2d 152 (4th Cir. 1990).
9. In reduction in force action, the agency to limit recruitment, meet ceiling limitation through attrition, and reassign employees who are in positions where a surplus exists. IBEW, Local 2080, 32 FLRA 347, Provisions 3 and 4 [NN]
10. Requiring the agency to avoid reduction in force actions whenever possible by using attrition or other means. POPA, 41 FLRA 795, Provision 15 [N]
11. Requiring the agency to bargain on whether to impose a hiring freeze to protect employees’ reemployment rights and on the establishment of a board to determine when such a freeze would end. NAGE, Local R1–203, 55 FLRA 1081, Proposal 5 [NN, (a)(2)(A) and (C)]
12. Prohibiting the agency from reassigning, promoting, or changing to lower grade any personnel from DDSP–ML to DDSP–East Site. AFGE, Local 2004, 56 FLRA 660, Proposal 6 [NN]

Notification

1. Management to notify the union of any impending reduction in force or reorganization at least 120 days in advance of notification to employees with sufficient information in order to allow the union time to negotiate the impact and/or procedures; the union to notify management within 15 days as to whether it wishes to negotiate the impact of the reduction in force; and management to meet within 15 days after such request to negotiate the impact and/or procedures of the reduction in force. AFGE, Meat Graders Council, AFL–CIO, 8 FLRA 118, Proposal V [N]
2. Management to notify the union of its intent to solicit bids for contract work that could result in a reduction in force or transfer or abolition of a function affecting employees in the unit. AFGE, AFL–CIO, National Council of EEOC Locals, 10 FLRA 3, Proposal 2 [N]
3. Minimum notice period to employees who would be separated or downgraded by a reduction in force prior to implementation of the action. AFGE, Local No. 12, 25 FLRA 987, Proposal 7 [N]
4. Notice to be provided to the union at least 45 days prior to implementing a reduction in force. NFFE, Council of Veterans Administration Locals, 31 FLRA 360, Proposal 23, Paragraph 1 [N]
5. Paraphrasing the procedural requirements for notice to employees set forth in title 5, Code of Federal Regulations, Part 351.803, which incorporates the information requirements that must be included within general and specific notices to employees. NTEU, 31 FLRA 566, Proposal 38.7, Section B [N]
6. Retention of employees on active duty, to the maximum extent possible, during a reduction in force notice period except when, in an emergency, the agency lacks funds or work for all or part of the notice period. NTEU, 31 FLRA 566, Proposal 38.11 [N]
7. Allowing employees with higher retention standing who have been released by the agency to reply to the agency's notice regarding their ability to perform the duties of the lower standing employee who has been retained in employment. NTEU, 31 FLRA 566, Proposal 38.18, Section C [N]

Performance

1. Establishing a range of points to be used in rating employee performance for the purpose of reduction in force actions. ACT, Pennsylvania State Council, 3 FLRA 50 [N]
2. Reduction in force retention standing for civilian technicians to be based solely on civilian appraisals, grade, length of service. AFGE, AFL–CIO, Local 2953, 7 FLRA 87 [NN]
3. A technician’s retention standing in a reduction in force would be based solely on the technician’s current civilian performance appraisal. AFGE, AFL–CIO, Local 2953, 7 FLRA 712, Proposal IV [NN]
4. Establishing displacement rights in a reduction in force situation by precluding consideration of both civilian technician and military job performance. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 5 [NN]
5. Adding four years to an employee's creditable service for reduction in force purposes if the employee receives an outstanding rating in a single critical element. AFGE, Local 32, 16 FLRA 948, Proposal 1 [NN]
6. Management to freeze performance appraisals when a decision is made to implement a reduction in force. AFGE, Local 1980, 17 FLRA 832 [NN]
7. Granting four years credit for purposes of a reduction in force to any employee who is evaluated as at least satisfactory in all performance elements and outstanding in at least one. AFGE, AFL–CIO, Local 32, 18 FLRA 93 [NN]
8. Establishing the number of years of credit to be applied for an excellent performance rating when a reduction in force is conducted. NTEU, 21 FLRA 428 [NN]
9. Agency to make reasonable efforts to make a new assignment for an employee who is unable to attain satisfactory performance in the position to which he/she is assigned in a reduction in force. AFGE, AFL–CIO, National Immigration and Naturalization Service Council, 27 FLRA 467, Provision 6 [NN]

Regulations

1. Delaying the implementation of new government–wide reduction in force regulations. IBEW, AFL–CIO, Local Union 1245, 25 FLRA 201, Proposal 1 [NN]
2. Incorporating reduction in force requirements, based on Government–wide rules and regulations at title 5, Code of Federal Regulations, Part 351, in the parties negotiated agreement. NTEU, 29 FLRA 422, Provision 5 [N]

Stays

1. Agency to delay implementing a reduction in force until any agency allegation of non- negotiability based on agency rule or regulation is resolved by the Federal Labor Relations Authority. NTEU, 11 FLRA 254, Proposal 2 [N]
2. Staying a reduction in force pending an appeal by an employee to Merit Systems Protection Board claiming a questionable or otherwise prohibited personnel practice or action. NFFE, Local 1900, 15 FLRA 465 [N]
3. Stay of reduction in force actions that are appealed to the Merit Systems Protection Board. Federal Union of Scientists and Engineers, NAGE, Local R1–144 SEIU, AFL–CIO, 25 FLRA 964, Proposal 2 (first sentence) [N]
4. Stay of the reduction in force action pending completion of a grievance. NTEU, 31 FLRA 566, Proposal 38.11 [N]
5. No reduction in force will be implemented until any reorganization resulting from the reduction in force is finally determined, including completion of any necessary negotiations with the union. NTEU, 31 FLRA 566, Proposal 38.32 [NN]

Use of Seniority

1. Seniority, as listed on the tenure lists of competitive areas, to be the sole determinant of which employees would be affected by a reduction in force. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 4 [NN]
2. Limiting creditable service to Federal service. ACT, Pennsylvania State Council, 14 FLRA 38, Proposal 4 [NN]
3. Agency to offer vacancies on the Monday through Friday shift during reduction in force to the most senior employee in the same job title, series and grade on any irregular shift. LIUNA, AFL–CIO–CLC, Local 1267, 14 FLRA 686, Proposal 1 (second and third disputed sentences) [NN]
4. Agency to re–promote in accordance with seniority employees downgraded because of reduction in force action. NFFE, Local 29, 21 FLRA 630 [NN]

Miscellaneous

1. Stating that “the number and grade of positions to be transferred (in a transfer of function) are negotiable.” AFGE, AFL–CIO, Council 236, 9 FLRA 825 [PN]
2. In the event of a reduction in force, all positions filled by other than career or permanent technician employees be vacated and made available to career or permanent technicians being displaced thereby compelling management to remove certain employees. ACT, New York State Council, 11 FLRA 475 [NN]
3. Agency to give assurances to bargaining unit employees that the negotiated technician reduction in force procedure will be the sole method used in carrying out a reduction in force. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 7 [NN]
4. Establishing retention registers, reemploying technicians released in reduction in force, and the grievability of reduction in force actions. ACT, Pennsylvania State Council, 14 FLRA 38, Proposals 2, 3 and 5 [NN]
5. Assisting in formulation of the reduction in force retention registers during the life of the reduction in force. NFFE, Local 108, 16 FLRA 807, Proposal 1 [NN]
6. Setting specific notice period in a reduction in force at 30 days which may be extended. NFFE, Local 108, 16 FLRA 807, Proposal 2 [N]
7. Allowing reduction in force appeals not more than 15 days after the effective date. NFFE, Local 1445, 16 FLRA 1094, Provision 2 [N]
8. Agency to implement an early retirement program before announcing a reduction in force. AFGE, AFL–CIO, Local 12, 18 FLRA 418, Proposal 1 [NN]
9. Agency to propose and negotiate over a job sharing plan before implementing a reduction in force. AFGE, AFL–CIO, Local 12, 18 FLRA 418, Proposal 4 [NN]
10. Preventing an agency from conducting a reduction in force unless employment levels exceed the ceiling imposed by Congress. AFGE, AFL–CIO, Local 12, 18 FLRA 418, Proposal 5 [NN]
11. Agency to abolish an equal proportion of supervisory and non-supervisory positions in a reduction in force. AFGE, AFL–CIO, Local 12, 18 FLRA 418, Proposal 8 [NN]
12. Agency to observe certain reduction in force procedures as set forth in government–wide regulations. NTEU, 19 FLRA 224, Proposal 3 [NN]
13. Union officers and stewards will be the last reduced in force in the same job classification regardless of retention rights. AFGE, Local 2612, 19 FLRA 1012, Proposal 2 [NN]
14. Agency to conduct a cost–benefit study before conducting a reduction in force to determine whether it would be more cost effective to furlough or retrain employees. AFGE, AFL–CIO, 21 FLRA 354, Proposal I [N]
15. Agency to provide the union with information concerning the cost of a reduction in force including administrative costs, severance pay, and pay retention. NTEU, 22 FLRA 131 [N]
16. Agency to reduce in force part–time employees before other employees. Federal Union of Scientists and Engineers, 22 FLRA 731 [NN]
17. Agency to pursue other cost–saving efforts in response to a budgetary shortfall prior to conducting a reduction in force and requiring the agency to reduce costs through attrition and other cost reduction measures prior to conducting a reduction in force. CREA, 25 FLRA 306, Proposals 1 and 2 [N]
18. Retention preference shall be determined first by the type of appointment ranked in the following descending order (permanent, indefinite, permanent–conditional, and indefinite–conditional). CREA, 25 FLRA 306, Proposal 3 [N]
19. Limiting the degree to which employees may displace other employees where those displacements would have an adverse effect upon the organization unit. CREA, 25 FLRA 306, Proposal 4 [N]
20. Agency to provide pay retention for two years to employees who, either before or after a reduction in force, voluntarily accept a lower–graded position. AFGE, Local No. 12, 25 FLRA 987, Proposal 6 [NN]
21. Application of reduction in force principles to any employee scheduled for separation or down-grade through no fault of his own. NAGE, Local R7–23, 26 FLRA 916, Proposal 2 [N]
22. Defining the term reduction in force for its use by the parties. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 7, Section 1 [N]
23. Allowing a unit employee, if downgraded or reduced in rank through no fault of the employee, to continue to receive his/her previous highest equivalent grade unless prohibited by government-wide regulations. Overseas Education Association, Inc., 29 FLRA 734, Proposal 45 [N]
24. Discussion and bargaining over the impact of an impending reduction in force. NFFE, Council of Veterans Administration Locals, 31 FLRA 360, Proposal 23, Paragraphs 1 and 2 [N]
25. Agency to reduce its staffing levels first by offering retirement to eligible employees occupying the types of positions earmarked for reduction and second by soliciting volunteers willing to transfer to other agency installations. NFFE, Council of Veterans Administration Locals, 31 FLRA 360, Proposal 23, Paragraph 3 [NN]
26. Cost study by the agency to determine whether less costly alternatives to a reduction in force are available. NTEU, 31 FLRA 566, Proposal 38.1 [N]
27. Defining the actions that constitute a reduction in force. NTEU, 31 FLRA 566, Proposal 38.2, Section A [N]
28. Use of reduction in force procedures in connection with a transfer of function. NTEU, 31 FLRA 566, Proposal 38.2, Section B [N]
29. Agency to conduct a reduction in force consistent with the applicable provisions of law and the reduction in force procedures established by Office of Personnel Management. NTEU, 31 FLRA 566, Proposal 38.3 [N]
30. Agency to apply corrective actions that are to be applied in redress of an unjustified or un-warranted reduction in force action in accordance with the terms of the Back Pay Act and title 5, Code of Federal Regulations, Part 351.902. NTEU, 31 FLRA 566, Proposal 38.27 [N]
31. Determining that relocation of employees because of reduction in force is in the best interest of the Government. NTEU, 31 FLRA 566, Proposal 38.26, Section A [N]
32. Allowing employees affected in reduction in force to make house–hunting trips. NTEU, 31 FLRA 566, Proposal 38.26, Section B [N]
33. Prescribing the methods for identifying which employee or employees will be transferred from one field office to another if a reduction in personnel is necessary. NFFE, Local 2096, 36 FLRA 834, Provision 3 [N]
34. Describing what information must be provided the union in the event of an impending reduction in force. NTEU, 39 FLRA 27, Provision 11 [N]
35. Requiring that the agency not conduct a reduction in force in order to convert certain employees from full–time status to seasonal status. NFFE, Local 341, 39 FLRA 1272 [N]
36. Relating to reduction in force actions. POPA, 41 FLRA 795, Provisions 15 and 16 [N]
37. Permitting the use of performance ratings assigned more than 4 years prior to the issuance of a reduction in force notice. NTEU, 46 FLRA 696, Provision 4 [NN]
38. Requiring the agency to bargain with the union when the agency proposes a transfer of function involving unit employees. NAGE, Local R1–203, 55 FLRA 1081, Proposal 2 [N]
39. Precluding the agency from contracting out any of its functions for one year after a RIF, if the positions in those functions are to be abolished or downgraded. NAGE, Local R1–203, 55 FLRA 1081, Proposal 5 [NN, (a)(2)(B)]
40. Requiring the agency to make “reasonable” efforts to avoid a reduction in force. NTEU, 55 FLRA 1174, Provision 1 [N]
41. Mandating that employees subject to a reduction in force are entitled to register for and receive outplacement assistance, including the Priority Placement Program. NAGE, Local R4–1, 56 FLRA 214 [N]
42. The agency would use normal attrition and/or aggressive early retirement during the period up to FY2005 to reduce 451 positions. AFGE, Local 2004, 56 FLRA 660, Proposal 1 [NN, (a)(2)(A)]
43. Requiring that the DDC Call Center be moved to DDC–HQ as transfer of function and the number of employees assigned to the Center be deducted from the number of separations required to reach the agency's 2001 staffing plan. AFGE, Local 2004, 56 FLRA 660, Proposal 5 [NN, (a)(1)]
44. Prescribing the manner in which unit employees will be listed on the retention register for purposes of a RIF, namely by descending order of tenure group and, within tenure group, by descending order based on years of service augmented by credit for performance. ACT, Alabama Air Chapter, 57 FLRA 67, Provision 2 [N]