Date: 
Wed, 07/22/1998

 

22 July 1998

MEMORANDUM OF AGREEMENT
DoD PRIORITY PLACEMENT PROGRAM EXCEPTIONS
Fiscal Years 1998 and 1999

1. The following constitutes an agreement between Air Force Materiel Command (AFMC), and the American Federation of Government Employees Council 214 (AFGE Council 214) satisfying the settlement agreement in ULP Case No. CH‑CA‑50529, which requires the agency to afford the Union a bargaining opportunity prior to the use of Priority Placement Program (PPP) exceptions. The Parties recognize such exceptions are necessary to effect permanent promotions or a succession of permanent promotions referred to as "daisy chains" involving situations where there are no qualified surplus employees available for immediate placement to positions vacated with incentives. This agreement does not negate or alter any existing local agreements concerning RIF retention order surplus actions. 

2. The Parties recognize that these surplus employees are not necessarily identified based on retention standing within the competitive level assigned to their abolished position. In obtaining early retirement (VERA) and incentive authorities (VSIP), AFMC has identified those occupations and grades for solicitation of the workforce for VERA and/with/or VSIP volunteers, determined approvals and projected separations. These management decisions may have been made without the benefit of a mock RIF to negate any particular identified projected group or individual RIF downgrades or separations. AFMC and AFGE Council 214 recognize it is in their common interest, to reduce/minimize RIF impact and specifically RIF separations, without jeopardizing the relative RIF retention standing of other employees that may be adversely affected by the RIF should that become necessary.

3. AFMC activities in receipt of the subject exception or an extension of the subject exception to the PPP negating "stopper list" clearance requirement, will notify the affected constituent local in writing when it is intended to be used in locally staffing constituent local bargaining unit positions through base competitive merit promotion procedures. This agreement has no applicability to the use of any PPP exception that the agency may wish to apply to VERA or VSIP vacated bargaining unit positions that are covered by, and coded to, any Air Force career program where a career program certificate would otherwise possibly have contained other non‑local best qualified candidates. 

4. Constituent local notifications will include a copy of the Civilian Assistance and Reemployment (CARE) Division exception, justification for any extension granted, with listings of the intended positions to which the PPP exception is applicable, any other anticipated position vacancies, and identified surplus employees. These lists will be identified by employee name, competitive area, organization, appointment type, organization, pay system, series, grade and competitive level. If known, those employees who have been or will be released from their competitive level will be indicated.

5. Non‑competitive placements of qualified surplus employees listed in #2 above will be affected in any manner which does not alter the relative RIF retention standing of any other employee who will be adversely affected through downgrading and separation in the announced activity RIF. In order to reduce the impact of changing standing within a competitive level on non‑competitive actions, surplus employees within the competitive level where a vacancy has occurred will be placed in that competitive level in retention standing order, subject to any higher priorities i.e. retained grade, before assignment of surplus employees from outside the competitive level. 

6. Should the activity have approved enough incentive separations, early retirements or experienced other attrition, affording placement of all surplus employees negating any or all adverse actions, placements may be accomplished without regard to any employee retention standing. Where the activity may have performed a mock RIF prior to the approval of incentive separations, absenting any retention changes, all placements may be accomplished in consonance with these earlier RIF standings.

7. Copies of any written reports required by Care when using these PPP exceptions will also be provided to the local President at the time of their submission.

8. The Parties waive Section 12.06b of the MLA. Management may restrict candidacy to only local employees at Wright‑Patterson AFB, Ohio and in no way limits the MLA Section 12.07 management right to expand the area of consideration at any time and for any reason. 

9. All remedies available under the MLA or 5 USC Chapter 71 are available to the parties under this agreement.

10. This agreement is in force from the date of signature for the remainder of Fiscal Year 1998 through 30 Sep 1999.

//signed//
DAVID MYER
FOR THE EMPLOYER
//signed//
WALTER A. SQUIRES
FOR THE UNION
  
//signed//
RANDY SHAW
FOR THE EMPLOYER
 
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22 Jul 98 Priority Placement Pgm Exceptions.pdf120.2 KB