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

1. Applying an intra–subgroup bumping proposal to non–unit as well as unit employees. IFPTE, AFL–CIO, NASA Headquarters Professional Association, 8 FLRA 212 [NN]
2. First consideration on any reassignment or bumping right or separation during a reduction in force shall be based on skill requirements and total length of service as a non–appropriated fund employee. AFGE, AFL–CIO, Local 987, 8 FLRA 667, Proposal IV [N]
3. Management to provide a non–appropriated fund employee, affected by a reduction in force, reversion rights to all positions previously held by such an employee and all intervening positions in the unit on the basis of seniority. AFGE, AFL–CIO, Local 1603, 9 FLRA 1039 [NN]
4. Seeking to apply bumping and displacement rights into the bargaining unit to technicians who are excluded from the bargaining unit. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 8 [NN]
5. Agency to provide an employee affected by a reduction in force reversion rights to various positions in the unit on the basis of seniority. AFGE, Local 1603, 12 FLRA 543 [NN]
6. Extending to Trust Fund employees the same retreat and bumping rights of the competitive service. AFGE, Local 2578, AFL–CIO, 12 FLRA 545 [N]
7. Establishing bumping and retreat rights for employees not covered by Office of Personnel Management’s reduction in force regulations. CREA, 25 FLRA 306, Proposals 3 and 4 [N]
8. Providing bumping and retreat rights to unit employees in the excepted service. MSPB Professional Association, 31 FLRA 258 [N]. Reversed and remanded to Federal Labor Relations Authority, in Merit Systems Protection Board v. Federal Labor Relations Authority, 913 F.2d 976 (D.C. Circuit 990). On remand, MSPB Professional Association, 38 FLRA 354 [NN]
9. Establishing bumping and retreat rights for unit employees in the excepted service. NTEU, 31 FLRA 566, Proposals 38.20 and 38.21 [N]

Competitive Area

1. Competitive area for reduction in force purposes would include non–unit employees. SEIU, AFL–CIO, Local 556, 9 FLRA 687 [NN]
2. Prohibiting the placement in bargaining unit positions in a reduction in force of employees from outside the bargaining unit. AFSCME, AFL–CIO, Local 2910, 9 FLRA 816 [NN]
3. Requiring certain competitive areas for reduction in force purposes. NTEU, 11 FLRA 254, Proposal 1 [N]
4. Agency to bargain concerning competitive areas to be used in the event of a reduction in force. AFGE, 11 FLRA 261 [N]
5. Requiring certain competitive areas for reduction in force purposes. NTEU, 11 FLRA 263 [N]
6. Requiring certain competitive areas for reduction in force purposes. NTEU, 11 FLRA 266 [N]
7. Limiting the competitive area for reduction in force purposes to bargaining unit employees. ACT, Pennslyvania State Council, 14 FLRA 38, Proposal 1 [N]
8. Requiring competitive area for reduction in force purposes that includes both unit and non–unit employees. AFGE, Local 32, 14 FLRA 754 [NN]. Remanded in Local 32, AFGE v. FLRA, 774 F.2d 498 (D.C. Circuit 1985). On remand, AFGE, Local 32, AFL–CIO, 22 FLRA 478 [NN]
9. Seeking to define a competitive area encompassing non-bargaining unit employees within the agency for purposes of reduction in force. NFFE, Local 1379, 15 FLRA 796 [NN]
10. Applying competitive area to bargaining unit positions only. NFFE, Local 29, 16 FLRA 75, Proposal 2 [NN]. Remanded in AFGE v. FLRA, 774 F.2d 498 (D.C. Circuit 1985). On remand, NFFE, Local 29, 22 FLRA 692, Proposal 2 [NN]
11. Establishing a competitive area for reduction in force purposes. NTEU, 17 FLRA 589 [NN]
12. Establishing a competitive area for reduction in force purposes. NFFE, Local 1705, 17 FLRA 945 [NN]. Remanded in NFFE, Local 1705 v. FLRA, No. 85-1399 (D.C. Circuit 1985). On remand, NFFE, Local 1705, 22 FLRA 695 [NN]
13. Agency to place all unit employees in the same competitive area for reduction in force purposes. NAGE, Local R7–23, 19 FLRA 491 [NN]. Remanded in NAGE, Local R7–23 v. FLRA, No. 85-1522 (D.C. Circuit 1985). On remand, NAGE, Local R7–23, 22 FLRA 703 [NN]
14. Proposing competitive area containing non-unit employees. AFGE, Local 2244, 19 FLRA 494 [NN]
15. Establishing a competitive area for reduction in force purposes. NTEU, 20 FLRA 172 [NN]. Remanded in NTEU v. FLRA, No. 85-1749 (D.C. Circuit 1986). On remand, NTEU, 22 FLRA 707 [NN]
16. Agency, when transferring a function, to institute reduction in force procedures in a losing competitive area for employees who do not wish to transfer. NFFE, Local 29, 21 FLRA 228 [NN]
17. Defining competitive area in terms other than those required by government–wide regulations. NTEU, 22 FLRA 580, Proposal 2 [NN]
18. Requiring assignments across competitive areas to positions from which an employee was promoted or an essentially identical position. NTEU, 22 FLRA 580, Proposal 3 [NN]
19. Competitive areas will be determined by negotiation on a case–by–case basis according to management needs. AFGE, AFL–CIO, HUD Council 222, 23 FLRA 552, Proposal 1 [NN]
20. The competitive area for headquarters is the commuting area, headquarters wide. AFGE, AFL–CIO, HUD Council 222, 23 FLRA 552, Proposal 2 [NN]
21. Establishing a competitive area for reduction in force purposes. NAGE, Local R7–23, 23 FLRA 753, Proposal 2 [NN]
22. Defining the competitive area for reduction in forces to include non–bargaining unit positions and employees. Federal Union of Scientists and Engineers, NAGE, Local R1–144, SEIU, AFL–CIO, 25 FLRA 964, Proposal 1 [NN]
23. Establishing the competitive area for reduction in force purposes. NTEU, 25 FLRA 1041, Proposal 1 [NN]
24. Making the reduction in force competitive area co–extensive with the bargaining unit. AFGE, AFL–CIO, Local 1808, 30 FLRA 1236, Provision 5 [NN]
25. Requiring that the reduction in force competitive area be the Washington Metropolitan Area. AFGE, Local 32, AFL–CIO, 33 FLRA 335 [N]
26. Defining a competitive area within the agency for purposes of reduction in force. NTEU, 33 FLRA 400 [N]
27. Defining a competitive area within the agency for purposes of reduction in force. AFGE, AFL–CIO, HUD Council 222, 33 FLRA 503, Proposals 1 and 2 [N]
28. Defining a competitive area within the agency for purposes of reduction in force. NFFE, Local 29, 33 FLRA 507, Proposal 2 [N]
29. Establishing the competitive area for a reduction in force. West Point Elementary School, Teachers Association, NEA, 34 FLRA 1008, Provision 3 [NN]
30. Establishing, for purposes of a reduction in force, an activity-wide competitive area for each local activity within the bargaining unit. AFGE, Council of Marine Corps Local (C–240), 35 FLRA 1023, Proposal 2 [N]
31. Providing that for specified offices, including the Office of the Inspector General, the competitive area for purposes of reduction in force will be the local commuting area. AFGE, National Council of HUD Locals, 39 FLRA 396, Provision 1 [N]. Upheld in Housing and Urban Development v. Federal Labor Relations Authority, 964 F.2d 1 (D.C. Cir. 1992).
32. Establishing competitive areas for reduction in force on a region–wide basis in five of the six National Weather Service regions (the Federal Labor Relations Authority deferred a decision on the sixth region until the bargaining unit status of a number of employees was determined). NWSEO, 44 FLRA 18, Provision and Proposal [N]. Upheld in National Oceanic and Atmospheric Administration v. Federal Labor Relations Authority, 7 F.3d 243 (D.C. Cir. 1993).
33. Requiring the agency to suspend the filling of bargaining unit vacancies in the competitive area of employees who would be affected by a reduction in force from the date of the initial reduction in force notice to employees to the effective date of the reduction in force. United Power Trades Organization, 44 FLRA 1145, Proposal 15 [N]
34. Establishing a competitive area for reduction in force purposes. IFPTE, 47 FLRA 1086 [NN]
35. Seeking to establish a competitive area that consists of employees at the shipyard and 11 unit employees from the shipyard transferred to Defense Finance and Accounting Service. IFPTE, Local 11, 47 FLRA 1350 [NN]
36. The numbers and types of positions to be abolished in the reduction in force. IFPTE, Local 3, 51 FLRA 451, Proposal 4 [NN, (a)(1)]
37. Establishing reduction in force competitive areas that would have the effect of determining the conditions of employment of supervisory personnel. AFGE, Local 32, 51 FLRA 491 [NN, LAW]. Upheld in American Federation of Government Employees, Local 32 v. Federal Labor Relations Authority, No. 95–1593 (D.C. Cir. 1997).
38. Establishing a “minimum” competitive area for reduction in force purposes. NAGE, Local R4–45, 52 FLRA 354 [NN, LAW]
39. Establishing a competitive area to be used in a reduction in force. AFGE, Local 1770, 52 FLRA 904 [NN, GWR]
40. Requiring management to negotiate with the union over competitive areas. AFGE, Local 1815, 53 FLRA 606, Provision 12 [N]
41. Expand the established competitive area to all of the Agency organizations within the Memphis commuting areas. NTEU, 60 FLRA 219 [PN, (b)(1)]
42. Requiring the agency to define competitive areas in a manner that will not have a disproportionate impact on protected classes of employees. NTEU, 60 FLRA 219 46 [NN]

Competitive Level

1. Competitive levels to conform to regulations. AFGE, Local 12, AFL–CIO, 17 FLRA 674, Proposal 4, Paragraph 1 [N]
2. Certain specified positions remain in their present competitive levels. AFGE, Local 12, AFL–CIO, 17 FLRA 674, Proposal 4, Paragraph 2 [NN]
3. Agency to establish competitive levels and re–employment priority lists in accordance with the FPM and agency regulations. AFGE, Council of Meat Grading Locals, AFL–CIO, 22 FLRA 388, Provisions 7–8 [N]
4. Permitting displacement between competitive levels to the same extent Office of Personnel Management regulations permit displacement between subgroups. NTEU, 22 FLRA 580, Proposal 2 [N]
5. Considering the union officials and stewards the most senior employees in their competitive level and tenure status in a reduction in force. Federal Union of Scientists and Engineers, NAGE, Local R1–144, 23 FLRA 804 [NN]
6. Defining the positions in a competitive level for which an employee is qualified. CREA, 25 FLRA 306, Proposal 6 [NN]
7. Defining competitive levels based on regulations at the time of the proposal. NTEU, 25 FLRA 1041, Proposal 1 [NN]
8. Prescribing a system in which employees are ranked for the purpose of determining the order of release from competitive levels. Coordinating Committee of Unions, 29 FLRA 1436 [NN]
9. Restating the criteria for competitive levels set forth in Office of Personnel Management regulations. NTEU, 31 FLRA 566, Proposal 38.4 [N]
10. Restating the prohibitions listed in title 5, Code of Federal Regulations, Part 351.602 concerning the release of employees from a competitive level. NTEU, 31 FLRA 566, Proposal 38.17, Sections A, B, and D [N]
11. Preventing the release of an employee from a competitive level while the agency retains an employee with a performance rating of less that satisfactory, if the agency has not implemented a performance appraisal system which meets the requirements of title 5, United States Code, section 4302. NTEU, 31 FLRA 566, Proposal 38.17, Section C [NN]
12. Release of employees from a competitive level under a reduction in force to be in the inverse order of retention standing. NTEU, 31 FLRA 566, Proposal 38.18, Section A [N]
13. Agency to notify employees who have been released from a competitive level when it decides to retain an employee with a lower retention standing for more than 30 days. NTEU, 31 FLRA 566, Proposal 38.18, Section B [N]
14. Concerning acceptable level of competence. NTEU, 42 FLRA 964, Provision 1 [N]
15. Defining a competitive level, within a competitive area, to include employees who are assigned to both nuclear and non-nuclear functions. Federal Employees Metal Trades Council, 44 FLRA 683, Proposals 2 and 4 [NN]
16. Determining the order in which unit employees are listed on retention registers for release in a RIF. ACT, Montana Air Chapter No. 29, 56 FLRA 674 [N]

Filling Positions

1. Compelling management to assign an employee (who as a result of a reduction in force has assignment rights to more than one position) to the position preferred by the employee. AFGE, AFL–CIO, 2 FLRA 604, Proposal XIII [NN]
2. Use of vacancies “to the maximum extent possible” to place employee in a reduction in force in light of a provision in the proposal that the reduction in force “will be carried out in strict compliance with applicable laws and regulations.” AFGE, AFL–CIO, Local 1692, 8 FLRA 194, Provision 2 [N]
3. In the event of a reduction in force, existing vacancies within the bargaining unit will be utilized to place employees into positions for which they qualify or for which they can be trained in a minimum period of time without disrupting the mission of the non–appropriated fund. AFGE, AFL–CIO, Local 987, 8 FLRA 667, Proposal III [NN]
4. Where management has determined that vacant positions are to be filled within three months from the date of a reduction in force action, management shall place employees released from their competitive levels in those vacant positions for which they are qualified within their competitive areas and that an employee shall be assigned to a vacancy by waiving qualification requirements when the employee has the capacity, adaptability and special skills required by the position (except for positive education requirements which may not be waived in any case), requiring that employees demoted through no fault of their own be selected for available vacancies for which they were qualified. NTEU, 9 FLRA 983, Article 12, Sections 12A and B [NN]
5. Agency to select a former employee who had been RIF’d, if the employee is retrainable to the position being filled. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 6 [NN]
6. Use of seniority in filling vacancies during a reduction in force. LIUNA, AFL–CIO–CLC, Local 1267, 14 FLRA 686, Proposal 1 (second and third disputed sentences) [NN]
7. Management to use vacancies to the maximum extent possible to place employees who would otherwise be separated in a reduction in force. AFGE, AFL–CIO, International Council of Marshals Service Locals, 15 FLRA 333, Proposal 2 [N]
8. Agency to offer employees affected by a reduction in force all vacant positions that the agency deems may be filled in order to afford the employees an opportunity to remain rather than be displaced. ACT, Montana Air Chapter, 20 FLRA 717, Proposal 3 [NN]
9. Agency to unofficially offer a vacant position during a reduction in force at an employee’s former duty station to the employee and to withdraw the offer if the employee does not wish to transfer. NAGE, Local R14–87, 21 FLRA 905, Proposal 2 [NN]
10. Consideration of qualified union representatives for vacant positions management decides to fill in a reduction in force. NTEU, NTEU Chapter 202, 22 FLRA 553, Proposal 1 [NN]
11. Allowing the agency to fill vacancies only with unit employees who meet X–118 standards after a general reduction in force notice is issued. NFFE, Local 1450, 23 FLRA 3 [NN]
12. Prohibiting the agency from filling vacant positions for which bargaining unit employees are eligible during the period between the time the initial reduction in force notice is issued and the effective date of the reduction in force. NTEU, 24 FLRA 479 [NN]
13. Prohibiting the agency from filling vacancies from any source other than employees who would otherwise be separated because of the reduction in force. International Plate Printers, Die Stampers and Engravers Union of North America, AFL–CIO, Local 2, 25 FLRA 113, Provision 32 [N]
14. Establishing a reemployment priority list of employees separated because of a reduction in force from that the agency would offer appropriate positions which it had decided to fill before seeking other applicants. CREA, 25 FLRA 306, Proposals 7 and 8 [N]
15. Designating the activity’s director as the individual responsible for determining the qualifications and eligibility to available positions of employees affected by a reduction in force. CREA, 25 FLRA 306, Proposal 9 [NN]
16. Agency to restrict reassignments and competitive promotions within the bargaining unit to those actions necessary for the essential functioning of the agency and which gives unit employees preference when positions are filled. NTEU, 25 FLRA 1041, Proposal 4 [N]
17. Agency to make a diligent effort to make available to affected employees lateral reassignment placement opportunities and that permits the agency to waive non–mandatory qualification requirements. NTEU, 25 FLRA 1041, Proposal 5 [N]
18. Agency to select employees who otherwise would be terminated in a reduction in force to fill vacancies that the agency had decided to fill. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 7, Section 4 [N]
19. Agency to consider all unit positions within the agency school system when it decides to implement a reduction in force. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 7, Section 5 [N]
20. Agency to fill positions from a list of employees affected by a reduction in force. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 7, Section 6 [N]
21. Agency to reassign or transfer employees targeted for a reduction in force to available vacancies prior to separating them. NFFE, Local 797, 29 FLRA 333, Provision 4 [N]
22. Agency to make a maximum effort to place employees into appropriate positions if management conducts a reduction in force, reorganization, transfer of function, job abolishment, or technological change. Overseas Education Association, Inc., 29 FLRA 734, Proposal 47, Section 5(A) (first sentence) [N]
23. Agency to select these employees for various positions in preference to others. Federal Employees Metal Trades Council of Charleston, 29 FLRA 1422, Proposal 4 [NN]
24. Management to place employees who would otherwise be separated in a reduction in force in existing vacancies to maximum extent possible. AFGE, AFL–CIO, Local 1625, 30 FLRA 1105, Provision 5 [N]
25. Agency to take all reasonable steps to make lateral reassignments to vacant positions and to waive non–mandatory qualifications to the maximum extent feasible to facilitate the placement of affected employees at the same or lower grade. NTEU, 31 FLRA 566, Proposal 38.14 (first and second sentences) [N]
26. Requiring agency to make a reasonable effort to minimize the effect of reduction in force by reassigning employees to available vacancies for which they are qualified. AFGE, AFL–CIO, Local 1931, 32 FLRA 1023, Provision 10 [N]
27. Minimizing the displacement of employees during a reduction in force. AFGE, Local 2024, 37 FLRA 249, Proposal 3 [N]
28. When the agency uses directed reassignments to accomplish a workforce reduction, the agency will directly reassign from among qualified employees on the Employee Information Sharing System list, a Forest Service–wide surplus employee list. NFFE, Forest Service Council, 46 FLRA 145, Proposal 1 (first sentence) [N]
29. When the agency decides to fill Region Six permanent vacant positions, the agency will fill those positions either through a placement from the Employee Information Sharing System list or through a directed reassignment of other qualified surplus employees. NFFE, Forest Service Council, 46 FLRA 145, Proposal 1 (second sentence) [N]
30. Providing monetary incentives for employees to vacate surplus positions. NFFE, Forest Service Council, 46 FLRA 145, Proposal 3 [NN]
31. Requiring that management place employees affected by a reduction in force in certain vacancies. IFPTE, Local 3, 51 FLRA 451, Proposal 1 [N, (b)(3)]
32. Concerning positions that management abolished in reduction in force and subsequently re–establishes the requirement that the agency select former incumbents to fill such vacancies. IFPTE, Local 3, 51 FLRA 451, Proposal 3 [NN, (a)(2)(C)(ii)]
33. No bargaining unit employee in a particular agency facility will be displaced from his or her position by anyone outside the facility as a result of a reduction in force. NAGE, Local R4–6, 52 FLRA 124 [NN, GWR]
34. The reassignment of bargaining unit employees prior to the agency issuing a reduction in force notice. NAGE, Local R4–45, 54 FLRA 218 [N]
35. Precluding unspecified non–unit employees from competing with unit employees for retention in unit positions. NAGE, Local R1–203, 55 FLRA 1081, Proposal 6 [NN, GWR]
36. Requiring the agency to select, for bargaining unit positions the agency decides to fill, candidates from the RPL who are minimally qualified as established by OPM standards, and re–trainable, as determined by the agency. NAGE, Local R1–203, 55 FLRA 1081, Proposal 7 [N]

Furlough/Layoff/Re–employment

1. Establishing a ranking method or procedure for the furlough of employees. NTEU, 7 FLRA 275, Proposal 5 [NN]
2. Management to select re-promotion eligibles in retention order after a reduction in force as vacancies occur. AFGE, AFL–CIO, Local 1533, 8 FLRA 33 [NN]
3. Agency to layoff particular employees in a reduction in force, e.g., those who volunteer from the area affected. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 2 [NN]
4. Re–promotion of employees who have been demoted as a result of a reduction in force. NFFE, Local 1497, 11 FLRA 565, Proposal 7 [NN]
5. Establishing retention register procedures for reemploying technicians released in a reduction in force. ACT, Pennsylvania State Council, 14 FLRA 38, Proposals 2 and 3 [NN]
6. Management to defer a furlough of employee for up to six months when the employee is within six months of qualifying for retirement. NTEU, 14 FLRA 243, Provision 5 [NN]
7. Agency to equate wage grade employees to GS–5 or below and printing employees to GS–10 and below when calculating the cost savings of furloughing them. AFGE, AFL–CIO, 21 FLRA 354, Proposal II [N]
8. Giving employees the option of taking a furlough all at once or taking it a few days at a time. AFGE, Local 32, AFL–CIO, 22 FLRA 307 [N]
9. Agency to consider furloughing union representatives as an alternative to separating them in reduction in force. NTEU, NTEU Chapter 202, 22 FLRA 553, Proposal 2 [NN]
10. Agency to layoff employees in trainee positions prior to taking such action against journeyman plate printers. International Plate Printers, Die Stampers and Engravers Union of North America, AFL–CIO, Local 2, 25 FLRA 113, Provisions 30 and 31 [NN]
11. Agency to terminate specified types of employees prior to taking reduction in force actions against full–time unit members. Federal Union of Scientists and Engineers, NAGE, Local R1-144, SEIU, AFL–CIO, 25 FLRA 964, Proposal 3 [NN]
12. Agency to layoff a certain number of employees in order to assure that, in the event of a reduction in force, reorganization, or employee downgrading, full–time positions are affected at a percentage rate equal to that of part–time positions. AFGE, Local No. 12, 25 FLRA 987, Proposal 3 [NN]
13. Basing the selection of employees for furlough of 30 days or less on the persuasive reason for the furlough. NAGE, Local R1–144, 29 FLRA 471, Proposal 1 (first disputed portion) [N]. Reversed in Navy v. Federal Labor Relations Authority, 854 F.2d 1 (1st Cir. 1988).
14. Employees will be furloughed only when administrative leave cannot be given. NAGE, Local R1–144, 29 FLRA 471, Proposal 1 (second disputed sentence) and Proposal 2 (first disputed sentence) [N]
15. Agency to place an employee who would otherwise be furloughed in a vacant position that the agency has decided to fill. NAGE, Local R1–144, 29 FLRA 471, Proposal 1 (third disputed sentence) and Proposal 2 (second disputed sentence) [NN]
16. 30 days notice for furlough of less than 30 days, grade/pay reduction, removal or suspension for more than 14 days. WPESTA, NEA, 29 FLRA 1531, Proposal 5, Section 5 [N]
17. Prescribing the criteria by which management will decide the particular employees who will be furloughed; requiring use of retention list for furlough of less than 30 days and requiring management to determine which employees will released based on the order of release prescribed in the reduction in force procedures. NTEU, 31 FLRA 566, Proposal 38.2, Section C [N]
18. Management to offer employees who are subject to short–term furlough of less than 30 days an opportunity to work a shorter pro–rated workweek rather that be furloughed for the specific number of consecutive days. NTEU, 31 FLRA 566, Proposal 38.2, Section D [N]
19. Employees subject to impending furloughs are not to be discouraged from exercising their First Amendment rights in speaking about the furloughs. AFGE, National Veterans Administration Council, 41 FLRA 73, Proposal 3 [N]
20. If subsequent to a furlough based on a lack of funds the funds become available, the agency will grant affected employees retroactive administrative leave. AFGE, National Veterans Administration Council, 41 FLRA 73, Proposal 4 [N]
21. Requiring the agency to conduct a cost study, for the purpose of considering the costs of various alternatives involving furloughs, before conducting any RIP. NAGE, Local R1–203, 55 FLRA 1081, Proposal 8 [N]
22. Providing employees who are being furloughed by the agency the option of being furloughed on a continuous or a sporadic basis. NAGE, Local R1–203, 55 FLRA 1081, Proposal 9 [N]