[Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
[Rules and Regulations]
[Page 63591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30328]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 63, No. 220 / Monday, November 16, 1998 /
Rules and Regulations
[[Page 63591]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR PART 351
RIN 3206-AH95
Reduction in Force Offers of Vacant Positions
AGENCY: Office of Personnel Management.
ACTION: Final rulemaking.
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SUMMARY: The Office of Personnel Management is issuing final
regulations that clarify existing policy on reduction in force offers
of vacant positions.
DATES: These regulations are effective December 16, 1998.
FOR FURTHER INFORMATION CONTACT: Thomas A. Glennon, or Jacqueline R.
Yeatman, 202-606-0960, FAX 202-606-2329.
SUPPLEMENTARY INFORMATION:
Background
On May 13, 1998, OPM published proposed regulations (63 FR 26531)
to clarify OPM policy on offers of vacant positions to employees under
authority of OPM's part 351 reduction in force regulations.
Comments
OPM received three comments on these proposed rules: one from an
agency, and two from employees' union.
The agency supported the regulation as proposed.
One union local suggested that the final regulation specifically
provide that agencies may also make voluntary offers of positions under
authority other than the part 351 reduction in force regulations.
This suggestion was not adopted as unnecessary because an agency
always has the right to make offers of vacant positions apart from the
reduction in force regulations (e.g., reassignment to positions at the
same grade). In addition, agencies may make voluntary offers of lower-
graded positions in lieu of reduction in force actions. This option was
referenced in the Supplementary Information section of the proposed
regulations. Also, agencies may make offers of vacant positions that
would not be permissible under the reduction in force regulations
(e.g., offers of vacant positions in different competitive areas, or
below the applicable grade limits for reduction in force offers of
assignment).
The second employees' union noted that its employees are not
covered by title 5, United States Code, and asked whether its employees
are administratively covered by OPM's part 351 reduction in force
regulations.
In a separate letter, OPM explained that coverage of these
employees was at the option of the employing agency rather than a right
provided to the employees under title 5, United States Code.
Final Regulations
These final regulations revise Sec. 351.704(a)(1) to clarify
longstanding OPM policy that an offer of assignment to a vacant
position under authority of part 351 must be consistent with
Secs. 351.201(b) and 351.701, including the grade limits applicable to
bump and retreat set forth in Secs. 351.701(b)(2) and 351.701(c)(2).
These final regulations also revise Sec. 351.704(a)(1) to clarify
longstanding OPM policy that an agency may offer an employee assignment
to a vacant position in lieu of separation by reduction in force under
part 351.
These final regulations do not affect the agency's right to make
offers of vacant positions under other authority.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain Federal employees.
List of Subjects in 5 CFR Part 351
Administrative practice and procedure, Government employees.
U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending part 351 of title 5, Code of Federal
Regulations, as follows:
PART 351--REDUCTION IN FORCE
1. The authority citation for part 351 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3502, 3503, Section 351.801 also
issued under E.O. 12828, 58 FR 2965.
2. In Sec. 351.704, paragraph (a)(1) is revised to read as follows:
Sec. 351.704 Rights and prohibitions.
(a)(1) An agency may satisfy an employee's right to assignment
under Sec. 351.701 by assignment to a vacant position under
Sec. 351.201(b), or by assignment under any applicable administrative
assignment provisions of Sec. 351.705, to a position having a
representative rate equal to that the employee would be entitled under
Sec. 351.701. An agency may also offer an employee assignment under
Sec. 351.201(b) to a vacant position in lieu of separation by reduction
in force under 5 CFR part 351. Any offer of assignment under
Sec. 351.201(b) to a vacant position must meet the requirements set
forth under Sec. 351.701.
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[FR Doc. 98-30328 Filed 11-13-98; 8:45 am]
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