NIST follows all reduction-in-force ( RIF ) regulations contained in 5 CFR-351, except as provided in Project Federal Register Notices and in this document.
a. Career Paths and Pay Bands:
- OPM reduction-in-force regulations on assignment rights (5 CFR 351.701) are applied to this project by substituting “one band” for “three grades” and “two bands” for “five grades.”
- In the APMS, an employee may bump into a position held by another employee in a lower retention subgroup, provided the position is in the same career path and pay band or one pay band lower. An employee may retreat into a position held by an employee with a lower RIF service computation date in the same subgroup, provided the position is in the same career path and pay band or one pay band lower. An employee with a compensable service connected disability of 30% or more may retreat to a position held by a lower standing employee in the same subgroup, provided the position is in the same career path and pay band or two pay bands lower.
- OPM severance pay regulations (5 CFR 550.703) are applied to this project by substituting “one band” for “two grades” and for “two grade or pay levels.”
b. Competitive Areas:
- Within a geographic location and local commuting area, each of the four career paths will be a separate competitive area.
- Bumps and retreats will occur only within the competitive area and only to positions for which the employee is qualified.
c. Competitive Levels: The definition and function of "competitive level" was not changed by the APMS and continues to be applied as described in 5 CFR Part 351.
d. Link Between Performance and Retention: An APMS employee with an overall performance rating of Exceptional Contributor, Superior Contributor, Significant Contributor, or Contributor is credited with additional years of service for retention purposes. The number of additional years is dependent on an employee's rating level: Exceptional Contributor receives ten (10) additional years; Superior Contributor receives eight (8) additional years; Significant Contributor receives three (3) additional years; and Contributor receives one (1) additional year. This credit is applied for each of the last three annual performance scores of record received under this system during the four-year period prior to the date of issuance of the reduction-in-force notice, accumulating for a potential total credit of 30 years for an employee. No RIF credit converts to the NIST performance system from any other performance appraisal system.
The NIST Director or Deputy Director appoints the permanent members of the RIF Assignment Panel. They shall be the Deputy Directors from each of the NIST Organizational Units (OUs) plus two additional members, one representing the Office of the Director and the other the Office of the Chief Information Officer. A senior personnel specialist serves as Technical Advisor and Executive Secretary to the Panel. A Subpanel consists of two general subject matter specialists appointed by the Chair, RIF Assignment Panel. A Human Resources Generalist serves asTecnical Advisor and Executive Secretary to a Subpanel.
a. Managers have the responsibility to decide which programs and positions will be abolished. When that determination is made, the manager must:
- inform the Human Resources Generalist and RIF Specialist;
- pursue lateral placement opportunities (reassignment) within NIST for the affected employee;
- in the absence of lateral placement opportunities within NIST, obtain written approval from the Operating Unit Director;
- notify the affected employee of the proposed RIF and request an updated resume or Application for Federal Employment (OF-612); and
- submit an SF-52 (Request for Personnel Action) and justification for the RIF to the NIST Human Resources Officer (in Boulder, MASC Human Resources Officer.)
b. The Human Resources Generalist in Gaithersburg or Boulder determines whether the employee is released from his/her competitive level, and conducts a survey of positions at NIST for which the employee meets the minimum OPM X-118 qualifications. The survey is based on the employee's retention standing and the Human Resources Management Division's analysis of the employee's qualifications.
c. The Human Resources Generalist convenes appropriate subpanels as needed. The number of subpanels to be convened is determined by the number of different occupational series for which the RIFed employee qualifies. Also, additional Subpanels may be convened if the number of positions to be reviewed in a specific series is more than can be adequately handled by one Subpanel. The subpanels review the affected employees' qualifications and the qualifications required for the positions under consideration. Positions for which the Subpanels determine employees are not qualifiedare eliminated from further consideration. Other positions are referred to the RIF Assignment Panel.
d. The Chair convenes the RIF Assignment Panel. The Panel (1) reviews the positions referred; and (2) determines which positions, if any, require further information to determine whether the RIFed employee can perform the duties of the position without undue disruption. The Panel notifies the organization in which the incumbent of the affected position is located. As appropriate, the Panel requests information and documentation which will assist the Panel in making its recommendations. Also as appropriate, the Human Resources Officer and the Panel meet to discuss the recommendations.
e. The Panel is responsible for making final recommendations to the NIST Human Resources Officer of the best offer, if any. The Human Resources Officer makes the final decision on the action.