[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Notices]
[Pages 7235-7237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4373]
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DEPARTMENT OF COMMERCE
[Docket No. 960220034-6034-01]
RIN 0690-XX02
USTTA Foreign Service Policy; Reduction in Force
AGENCY: Department of Commerce.
ACTION: Notice.
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[[Page 7236]]
SUMMARY: The Department of Commerce is announcing internal regulations
governing reduction in force (RIF) procedures for Foreign Service
Officers of the United States Travel and Tourism Administration
(USTTA). The Under Secretary for Travel and Tourism is responsible for
determining the size and composition of the operating Foreign Service
workforce. The regulations will apply if, due to lack of work,
shortages of funds, insufficient personnel ceiling, or reorganization,
the Under Secretary decides a reduction in force is necessary.
DATES: This policy was issued as Department of Commerce Personnel
Bulletin 900-1 on February 15, 1996.
FOR FURTHER INFORMATION CONTACT: Gary Jacobs, Office of Human Resources
Management, Department of Commerce, Washington, DC 20230, 202-482-4286.
SUPPLEMENTARY INFORMATION: This policy was issued as Department of
Commerce Personnel Bulletin 900-1 on February 15, 1996. This notice is
given in order to comply with the requirement of section 181 of Public
Law 103-236. If the Under Secretary for Travel and Tourism determines
circumstances require applying reduction in force procedures to
separate a Foreign Service employee due to lack of work, shortage of
funds, insufficient personnel ceiling, or reorganization, the following
policy will apply.
Elizabeth W. Stroud,
Director for Human, Resources Management.
Personnel Bulletin 900-1
Section 1. Purpose
This sets policy for reduction-in-force in the U.S. Travel and
Tourism Administration (USTTA) for members of the Foreign Service
holding career or career candidate appointments, as approved by the
Director, OPM, on February 13, 1996.
Section 2. Authority
.01 Section 611 of the Foreign Service Act of 1980, as
amended,''Reduction in Force'' provides the legal authority for
conducting a reduction in force in the Foreign Service.
.02 The Under Secretary for Travel and Tourism is responsible for
determining the size and composition of the operating Foreign Service
workforce. The Under Secretary is authorized to decide whether
circumstances require applying reduction in force (RIF) procedures to
separate a Foreign Service employee due to lack of work, shortage of
funds, insufficient personnel ceiling, or reorganization. The Under
Secretary must determine the number of employees to be separated at
each class level.
Section 3. Coverage
.01 These regulations apply to all members of the Foreign Service
(SFS and FS) in USTTA holding career or career-candidate appointments
under Chapter 3 of the Foreign Service Act of 1980, as amended.
.02 Employees serving on non-career limited appointments are not
covered by these regulations. Should the Under Secretary decide that a
RIF is necessary, these employees are the first to be separated from
the Foreign Service, provided they are in a class that has been
selected for reduction.
Section 4. Definitions
.01 Competitive Area
The organizational and geographic boundaries within which FS
employees compete for job retention. The competitive area for Foreign
Service employees in USTTA is worldwide within USTTA.
.02 Competitive Level
A competitive level is the set of all jobs within a competitive
area that are similar enough in duties, qualification requirements, pay
schedules and working conditions that the incumbent of one position
could successfully perform the critical elements of any other position
upon entry into it, without any loss of productivity beyond that
normally expected in the orientation of any new but fully qualified
employee. Competitive levels in USTTA consist of all Officers in a
class.
.03 Reduction in Force (RIF)
A personnel action that releases a Foreign Service employee by
separation. This release is due to a lack of work, shortage of funds,
insufficient personnel ceiling, or reorganization.
.04 Retention Register
A listing of all employees in each competitive level in the order
of their retention standing.
Section 5. RIF Announcement
.01 General RIF Announcement
Management may, at its discretion, issue an advance organization-
wide general information notice to alert employees that a reduction in
force may be necessary. If issued, this general notice should contain
information concerning the reason for the RIF, the scope of the RIF,
including the number of employees to be released, the competitive
levels from which they are to be released, and the timing of the RIF.
.02 Specific RIF Notice
A specific notice must be sent to individual employees stating that
the employee is to be released as a result of a reduction in force
action, and explaining how the employee's name was reached. The
specific RIF notice is issued by the servicing Human Resources Office
at least 60 days before the effective date of the RIF separation. The
notice must include information on the employee's right to appeal the
RIF to the Foreign Service Grievance Board or to the Merit Systems
Protection Board (MSPB), but not to both. In the event of an exigency,
the Director for Human Resources Management may approve a shortened
specific notice period, but in no case will the shortened period be
less than 30 days.
Section 6. Establishing Retention Register/Order of Release
.01 The servicing Human Resources office prepares a retention
register for each competitive level, ordering employees within each
level based on their tenure of employment, veteran preference, length
of service and performance, as follows:
(1) By tenure group I, and tenure group II;
(2) Within each tenure group by veteran preference subgroup,
including subgroup AD, subgroup A, and subgroup B; and
(3) Within each subgroup by a combination of points credited for
performance and years of service, as described below.
.02 Groups are defined as follows:
(1) Group I includes employees serving on career appointments under
section 302 or 305 of the Act.
(2) Group II includes employees serving on career candidate
appointments.
.03 Subgroups are defined as follows:
(1) Subgroup AD includes veteran preference eligible employees who
have a compensable service-connected disability of 30 percent or more.
(2) Subgroup A consists of preference eligibles not included in
subgroup AD. A retired member of the uniformed service is considered a
preference eligible only if that person meets the criteria stated in 5
CFR 351.503.
(3) Subgroup B includes all non-preference eligible employees.
.04 Within each subgroup, employees are credited with points for
length of service and performance, as follows:
(1) Employees receive one point for each full year of completed
Federal Service. The servicing Human
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Resources Office will establish a service date for each competing
employee in accordance with the procedures in 5 CFR 351.503.
(2) Credit for performance will be based on the results of each of
the previous 5 Selection Boards. Points are weighted because
competition is more difficult as one moves upward through the ranks of
the Foreign Service. Employees receive points for being on a list of
those recommended for promotions, whether promoted or not.
An MC recommended for promotion receives 65 points.
An OC recommended for promotion receives 55 points.
A Class One recommended for promotion receives 45 points.
A Class Two recommended for promotion receives 35 points.
A Class Three recommended for promotion receives 25
points.
A Class Four recommended for promotion receives 15 points.
Those not recommended for promotion and not low-ranked
receive 10 points.
Officers who are low-ranked receive no points.
(5) Points are given also for awards that are recommended by each
of the previous 5 Selection Boards.
A Sustained Superior Performance Award or cash award
(SSPA) receives 3 points.
A Meritorious Step Increase (MSI) receives 5 points.
Performance Pay (SFS only) receives 5 points.
Presidential Award (SFS only) receives 10 points.
.05 Employees are rank-ordered within subgroup based on the number
of points received. Those with the fewest points go to the bottom of
the list and are released first. Those with the most points are at the
top of the list and are the last to be released.
.06 FS employees compete for retention only within their
competitive level. There is no right to displace employees in another
competitive level.
Section 7. Breaking Ties in Retention Standing
.01 The first tie breaker is among those with equal points within a
subgroup is to release first anyone who has been low-ranked during the
previous 5 years.
.02 If needed, the next tie breaker is use results of Selection
Boards, prior to the last 5 Boards being considered, for up to 2
additional years. As soon as the tie is broken, for example in year 6,
the officer with the least number of points is be released first.
.03 If after all of the above, there is still a tie, the tie will
be broken based on a lottery.
Section 8. Extension of Effective Date of RIF
Management may allow an employee to remain on the rolls for up to a
year past the effective date of the RIF for the needs of the service.
For example, if serious disruptions would occur in overseas staffing,
management could approve a one-year extension of the appointment of an
employee reached for release from the competitive level.
Section 9. Transfer of Function
.01 This section is applicable when the work of one or more
employees is moved from one competitive area to another as a transfer
of function regardless of whether or not the movement is made under
authority of a statute, Executive order, reorganization plan, or other
authority.
.02 Reduction in force procedures will be used in the losing
competitive area to identify the employees to be transferred.
Section 10. Access to Retention Records
All employees covered by these regulations are entitled to review
retention registers.
Section 11. Benefits/Placement Assistance
.01 Any employee at Class One or higher, who is separated through
RIF, is eligible for an immediate annuity in accordance with Section
806 of the Foreign Service Act of 1980, as amended. Officers below the
Class One level are eligible for an immediate annuity if they meet the
age and service requirements for voluntary retirement.
.02 Otherwise, they receive severance benefits in accordance with
Section 609(b) of the Foreign Service Act of 1980, as amended, as
follows:
(1) A payment equal to one-twelfth of a year's salary at his or her
current salary rate for each year of service and proportionately for a
fraction of a year, but not to exceed a total of one year's salary at
the officer's current rate and, (2) a refund of the contributions made
by the officer to the Foreign Service Retirement and Disability Fund
(FSRD), except that in lieu of a refund an officer who has at least 5
years of service credit toward retirement under the FSRD system may
elect to receive an annuity, beginning at age 60. Those enrolled in the
Foreign Service Pension System (FSPS), who have completed at least 5
years of creditable service, may elect to receive a deferred annuity at
age 62.
.03 An officer cannot receive an immediate annuity and severance
benefits.
Section 12. Right to Appeal
.01 An employee has the right to appeal the RIF action to the Merit
Systems Protection Board (MSPB) or use the Foreign Service grievance
procedure, but not both.
.02 MSPB Appeals.
Appeals to MSPB must be filed during the 30 calendar days beginning
with the day after the effective date of the RIF action.
.03 Foreign Service Grievance Board.
Grievances are limited to cases of violation or inappropriate use
of RIF authority by the Agency. Such grievances are initiated at the
Agency level with the Office of Foreign Service Personnel, and must be
submitted within 20 days after the effective date of the Reduction-in-
Force. The filing of a grievance does not change the effective date of
the action proposed in this notice.
[FR Doc. 96-4373 Filed 2-26-96; 8:45 am]
BILLING CODE 3510-BS-P