1. Recruitment and Placement
Module 8
National Guard
Technician Personnel Management Course
What We Do:
Review, create, publish, and complete all technician job vacancy announcements
Assist applicants with technician applications and resumes
Action and input appointments, promotions, reassignments, and pay adjustments
Pay setting: calculate and verify pay
Manage technician compatibility
Manage DOD priority placement
Manage state merit placement plan
Manage reduction-in-force impact
Provide world class customer service

2. Statutory and Regulatory References for Recruiting and Placement
5 USC Merit System Principles
5 USC Prohibited Personnel Practices
NGB Technician Personnel Regulations
TPR 300-series
CFR 300 of Title 5
Local Merit Placement Plans
JFHQ / MI TPL TECHNICIAN SELECTION BOARD PROCEDURES
Bargaining Unit Agreements
ACT
LIUNA

3. Agenda Section A Section B Section C Section D
Merit System Principles & Prohibited Personnel Practices
Section B
Merit Promotion & Placement
Section C
Workforce Restructuring, Realignment, Reorganization & Reduction in Force
Section D
Compatibility

4. Section A Merit System Principles - 5 USC 2301
Understanding Them and Applying Them
Prohibited Personnel Practices - 5 USC 2302
Recognizing them and Avoiding Them

5. Merit System Principles
Recruit qualified individuals from appropriate sources
All employees and applicants should receive fair and equitable treatment in all aspects of personnel management
Provide equal pay for work of equal value
Maintain high standards of integrity, conduct, and concern for the public interest
Manage employees efficiently and effectively
Appropriate Sources: From Tradition Unit Personnel; Universities, Tech Schools; Conferences and Other States; Approved Web Resources; Approved Social Circles (JAG/EEO/HRO)
Non- Appropriate: Head-Hunting Firms (Fiscal Law issues) have to be approved and contracted; an employer's reliance on word-of-mouth recruitment by its mostly Hispanic work force may violate the law if the result is that almost all new hires are Hispanic; Special Groups- (this should be approved- for history of decimation, or unlawful practices that could bring criticism or legal issues on the organization)
“Fair and Equitable - 'just', 'even-handed', 'unbiased', 'legitimate’ > verses “arbitrariness, idiosyncrasy, injustice, lack of good faith, lack of due process and proportionality.
I like to use the phrase – “above reproach” – If you were to stand in front of the Senate would your actions be impeachable
Equal pay - individuals doing the same work should receive the same remuneration – Often paired with EEO / POSH and the gender pay gap (most often critiqued in considerations for promotions)

6. Merit System Principles
Retain or separate employees on the basis of performance
Educate/train employees when it will result in better organizational or individual performance
Protect employees from arbitrary action, personal favoritism or coercion for political purposes
Protect employees against reprisal for lawful disclosure of information

7. Prohibited Personnel Practices
Employees who have authority to take, direct others to take, recommend, or approve any personnel action shall not…
discriminate for or against any employee or applicant on the basis of: race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation
EEO/ EEOC

8. Prohibited Personnel Practices
Solicit or consider any recommendation or statement not based on personal knowledge or on records of performance, ability, aptitude, general qualifications, character, loyalty or suitability (must be merit)
Coerce political activity of any person, or take any action as reprisal for the refusal of any person to engage in political activity
Deceive or willfully obstruct any person with respect to such person’s right to compete for employment

9. Prohibited Personnel Practices
Influence a person to withdraw from competition for any position
Grant any preference or advantage not authorized by law, regulation, or rule to any employee or applicant.
Appoint, employ, promote, or advance a relative
Take or fail to take, or threaten to take or fail to take, a personnel action against a whistleblower, whether an employee or an applicant
Legality

10. Prohibited Personnel Practices
Retaliate against employees or applicants who exercise their appeal rights, testify, or cooperate with an inspector general or special counsel, or refuse to violate a law
Discriminate based on actions not adversely affecting performance
Violate any law, rule, or regulation implementing or directly concerning the merit system principles

11. Oversight Agencies
Office of the Comptroller General, General Accounting Office (CG/GAO)
Equal Employment Opportunity Commission (EEOC)
Office of Special Counsel (OSC)
Office of Personnel Management (OPM)
Department of Defense, Civilian Personnel Management System, Inspector General (DoD/CPMS/IG)
National Guard Bureau (NGB)

12. Merit Promotion & Placement
Section B
Merit Promotion & Placement
5 CFR Agency promotion programs.

13. Merit Promotion & Placement
Merit promotion & placement is the process we use to consider internal candidates for competitive and non-competitive placement

14. JFHQ Regulation 690-335 Placement Procedures Areas Of Consideration
Area 1 – Onboard Permanent Technicians
Area 2 – Temporary Indef or NTE (to include M-Day personnel)
Area 3 – Everyone else
Qualification of Applicants / Employees
Management’s Right to Select / Non-Select From Properly Referred/Best-Qualified Applicants
Maintain Sufficient Records to Reconstruct Each Placement Action

15. Merit Promotion & Placement Plan
Requirement One:
Placement Procedures are Available in Writing to the Technicians and Public
Identify Types of Positions, Actions, and Exceptions
Ensure Placement Without Regard to Marital Status, Political Affiliation, or EEO Considerations (Use The Local Affirmative Employment Plan For Guidance)

16. Merit Promotion & Placement Plan
Requirement Two:
Identify Broad Areas of Consideration to Ensure Availability of High-quality Candidates
Ensure Technicians, Who are Within the Areas of Consideration but Are Absent For Legitimate Reasons, are Considered for Promotion (e.g., LWOP-US, Mobilization, Detail)

17. Merit Promotion & Placement Plan
Requirement Three:
Use NGB Qualifications Standards to Evaluate Applicants for Dual-status Positions; USOPM Standards for Non-dual Status Positions
Ensure Candidates Meet Minimum Qualifications Prescribed for the Position
Ensure Procedures Used to Identify, Qualify, Evaluate and Select Candidates are Based on Job-Related Criteria

18. Merit Promotion & Placement Plan
Requirement Four:
Management Has the Right to:
Select or Not Select From Properly Referred/Best-Qualified Applicants
Select Candidates from any Appropriate Source Most Likely to Best Meet Mission Objectives
Requirement 4. Selection procedures will provide for management's right to select or not select from among a group of best qualified candidates. They will also provide for management's right to select from other appropriate sources, such as reemployment priority lists, reinstatement, transfer, handicapped, or Veteran Recruitment Act eligibles or those within reach on an appropriate OPM certificate. In deciding which source or sources to use, agencies have an obligation to determine which is most likely to best meet the agency mission objectives, contribute fresh ideas and new viewpoints, and meet the agency's affirmative action goals.

19. Merit Promotion & Placement Plan
Requirement Five:
Maintain Sufficient Records to Reconstruct Each Placement Action
Retain Records for a Minimum of Two Years or, if a Grievance is Pending, Until Resolution
Requirement 5. Administration of the promotion system will include recordkeeping and the provision of necessary information to employees and the public, ensuring that individuals' rights to privacy are protected. Each agency must maintain a temporary record of each promotion sufficient to allow reconstruction of the promotion action, including documentation on how candidates were rated and ranked. These records may be destroyed after 2 years or after the program has been formally evaluated by OPM (whichever comes first) if the time limit for grievance has lapsed before the anniversary date.

20. Getting Started

21. Competitive Procedures
Applicable
Non-Applicable
Discretionary

22. Competition Is Required
Permanent promotions
Time-limited (temporary) promotions (over 120 days)
Detail to higher graded positions (over 120 days)
Reinstatement to a higher graded position than previously held
Transfer (from another agency) to a higher graded position than previously held

23. Competition is Required
Reassignment, demotion, transfer or reinstatement to a position with greater promotion potential than previously held or competed
Selection for training when training is required for promotion

24. Competition is Discretionary
Promotion resulting from a position upgrade provided:
There are no other technicians at the same grade, performing substantially the same function, in the same unit
The technician continues to perform same basic function
There is no adverse impact on another encumbered position
The technician meets eligibility requirements

25. Competition is Discretionary
Placement in a position with no higher promotion potential than previously held or competed for
Time limited promotions (120 days)
Details to higher graded positions
Re-promotion when demoted without personal cause or at own request
Special consideration after failure to receive proper consideration

26. Competition is Not Required
Promoted due to position upgrades resulting from the application of a new classification standard or correction of a classification error
May be appointed, promoted, reassigned, etc. without competition if they have previously held the position being filled

27. Competition is Not Required
If the promotion is a career ladder promotion and the original competition clearly established the promotion potential
A promotion is a result of accretion of duties
The promotion is temporary not to exceed 120 days

28. Non-Competitive Procedures May Apply
Candidates may be reassigned without competition when:
The reassignment is to another position of the same grade with no known promotional potential.
The reassignment is as a result of failure to meet requirements of a performance improvement plan
Placement as a result of reorganizations, reductions in force or realignments

29. Non-Competitive Procedures May Apply
Candidates may be reassigned or promoted without competition:
When the candidate was denied “proper consideration” as result of an error
When exercising reemployment or return rights to a ‘similar’ position
When being restored to duty from workers’ comp

30. Supervisory Responsibilities
Identify the knowledge and skills needed for your organization
Be aware of budgetary constraints
Area of consideration
Determine the potential applicant pool and recruitment sources prior to announcement
Positions are not announced simultaneously as DS and NDS (e.g., Excepted versus Competitive procedures)

31. Supervisory Responsibilities
Anticipate vacancies and personnel actions that will support the transformation of the national guard:
Promotions
Reassignments
Details
Retirements
Resignations

32. Supervisory Responsibilities
Determine how to fill positions
Permanent, temporary or indefinite
Full-time or part-time
Complete a Standard Form 52
Send to HRO

33. Supervisory Responsibilities
Initiate the selection process:
Conduct interviews as negotiated in your union contract or as defined in the State Merit Promotion and Placement Plan
Apply consistent interview techniques with all candidates

34. Uniform Guidelines on Employee Selection Procedures
Elements used must be job-related
Apply to both internal and external hiring practices

35. Key Interviewing Rules
Develop a standardized list of interview questions
Tailor questions relevant to the job
Avoid questions that violate Equal Employment Opportunity laws
Ask open-ended questions

36. Compensation Flexibilities
Develop and Implement Compensation Strategies to Ensure the Effective Recruitment and Retention of a Quality Workforce

37. Hiring Flexibilities:
Recruitment Incentive [5 CFR 575]
Referral Incentive [5 CFR 451]
Relocation Incentive [5 CFR 575]
Retention Incentive [5 CFR 575]
Student Loan Repayment [5 CFR 537]

38. Hiring Flexibilities Appointment Above the ‘Minimum Entry Rate’
Superior Qualifications
Special Needs
Appointments made above the minimum rate must be approved by the HRO prior to the effective date of the appointment.

39. Section C
Workforce Restructuring, Realignment, Reorganization & Reduction in Force

40. Reduction In Force (RIF)
Involuntary loss of job status due to
organizational changes

41. What Causes a RIF Budget Deficits Force Structure Changes
Unit Deactivations
Unit Relocation
Unit Consolidations or Reorganizations
Aircraft Conversions or Reductions

42. Potential Effects of RIF
Displacement
Change to Lower Grade
Furloughs – 30 days or more
Separation

43. Management Responsibilities
Keep managers, supervisors, and their
subordinates informed
Determine what positions are needed to perform
the continuing mission
Ensure technician personnel records and position
Descriptions are current and valid
Ensure technician performance records are current
And accurate

44. Workforce Restructuring
The human resources staff shall:
Conduct interest surveys and determine retirement eligibility
Institute outplacement assistance
Accomplish qualifications update and review
Establish re-training programs

45. Workforce Restructuring
The human resources staff shall:
Work to avoid or minimize involuntary separations
Use vacancies to place surplus technicians
Obtain voluntary early retirement authority and voluntary separation incentive funding for those who agree to resign or retire

46. Workforce Restructuring
The human resources staff shall:
Identify options available to avoid involuntary separations
Project education and training requirements of the remaining staff
Process actions in a timely manner

47. Workforce Restructuring
The human resources staff and management shall:
Conduct a “needs analysis review” of the organization
Identify positions (types, numbers and locations) that are/will be excess because of the activity’s revised or reduced mission
Determine what positions are needed to perform the continuing mission

48. “Needs Analysis Review”
Options Available to Avoid Involuntary Separations
Education and Training Requirements of The Remaining Staff
Cost/Savings Analysis

49. Voluntary Early Retirement Authority (VERA)
Purpose:
To allow eligible employees not facing involuntary separation to retire early creating vacancies that can be filled by technicians who would otherwise be separated or down graded
Purpose is to allow eligible employees not facing involuntary separation to retire early creating vacancies that can be filled by technicians who would otherwise be separated or down graded.
Results of the use of "Early Out" should reflect, at a minimum, one employee saved from separation, demotion, or relocation, for each early retiree.
Conditions for Early-Out authorization.
Normally restricted to areas/sections of organizations actually undergoing RIF, but can also be extended to areas where the RIF is not occurring if VERA could create vacancies for affected areas.
Exclude shortage category occupations or positions.
Specify period of time Early-Out retirements are authorized.

50. Voluntary Separation Incentive (VSIP)
Purpose:
To encourage eligible employees to retire or resign voluntarily for Federal Service
Paid in Lump sum or in bi-weekly service
A vacancy created by an individual who accepts an incentive, must be abolished unless it will be used to place a technician who has been identified as surplus
States are responsible for the funding
Overall costs are funded from the pay, benefits, and additional separation costs (severance pay, unemployment compensation, etc.) saved by the voluntary separations

51. Separation Incentives
May Be Used To:
Reshape and Reduce The Workforce
Avoid Need For Involuntary Separation
Create Vacancies For The Placement Of Technicians Subject to RIF Separations
May Be Offered Any Time/Location Where:
Acceptance Results in Aggregate Net Savings Over a 2-year Period And Where Such Savings Avoids Involuntary Separations
May be used to:
Reshape and reduce the workforce
Avoid need for involuntary separations
Create vacancies for the placement of technicians subject to RIF separations
May be offered any time and location where acceptance will result in aggregate net savings over a two year period, and where such savings avoid civilian involuntary separations.

52. Separation Incentives
Eligibility and Conditions –
Employee cannot be a reemployed annuitant
Employee must be employed for last 12 months
Employee cannot have a pending or approved disability retirement
Employee must be serving on an appointment without time limits
Eligibility and Condition:
Not be a reemployed annuitant
Employed for last 12 months
Not have a pending or approved disability retirement
Appointment without time limits

53. Separation Incentives
Ineligibility –
Occupying a “hard to fill” position
Receiving a retention allowance
Covered by a Service Agreement
Occupying a special salary position
Accepted another Federal position
Not eligible if:
Occupying a "hard to fill" position
Receiving a retention allowance
Covered by a Service Agreement (PCS, Training, Recruit/Reloc Bonus)
Occupying a special salary position
Accepted another Federal position

54. Separation Incentives
Pay incentives to those who voluntarily retire or resign
Lesser of severance pay or $25K
Offered 30 days before RIF announcement
Creates vacancies for abolishment or placement of surplus technicians
Justified only when/if cost savings result

55. REDUCTION IN FORCE (RIF)
Technician benefits:
PERMANENT STATUS
Yes
Grade/Pay Retention
Severance Pay
Retirement
Health Benefits
Life Insurance
Thrift Savings Plan
Unused Annual Leave

56. Section D
Compatibility

57. Grade/Rank - Military structure is preeminent over technician structure
Occupational Match-up (MOS or AFSC) military & civilian positions
Compatibility
Military Assignment - Unit
Military Membership - Appointment

58. Compatibility
The fundamental precept of the National Guard military technician program is that all dual status technicians are required to be members of the National Guard and must have a compatible military assignment
Compatibility is a statutory requirement [32 U.S.C. 709], critical to full-time management

59. Compatibility
The primary military skill set for a technician position is that of the military core position on the MTOE/TDA/UMDA
This is the position on the MTOE/TDA/UMDA that is aligned with the technician position

60. Compatibility
Military MOSs and AFSCs are the compatibilities needed to perform the military positions
The MOSs and AFSCs will closely align military qualification requirements required for the technician position

61. Compatibility
Technicians are required to hold particular MOSs or AFSCs (per the MTOE/TDA/UMDA) for assignment to compatible military positions
Technicians are responsible for obtaining and maintaining the military skill sets required for the technician positions

62. Statutory and Regulatory Requirements
Title 10, United States Code - Armed Forces
Title 32, United States Code - National Guard
DoD Directive Full-Time Support (FTS) to the Reserve Components
TPR Military Technician Compatibility, August 2005

63. Regulatory Compatibility Guidance
AFOCD, Officer Classification Directory
Establishes Air Force Officer Structure
Defines Specialty
AFECD, Enlisted Classification Directory
Establishes Air Force Enlisted Structure
Defines Specialty

64. Regulatory Compatibility Guidance
AR Military Occupational Classification Structure Development & Implementation
Prescribes Officer, Warrant Officer and Enlisted Classification Structures
DA Pam Military Occupational Classification and Structure
Provides guidance to commanders, personnel managers, proponents, and combat and material developers
Implements the policy contained in AR 611-1

65. Compatibility is defined as:
The condition in which the military technicians are assigned to positions in the proper military grades (officer, warrant officer or enlisted) and militarily assigned to the military units (MTOE/TDA/UMDA) that employs them, or to a unit that support other military units

66. Compatibility
The occupational match-up requires compatible military skills that have essentially the same duties in the technician position
Military technicians are assigned to a military position in the same unit in which they are employed or, in a unit that is directly supported by the employing activity when authorized and directed

67. Compatibility
Must follow military protocol for traditional rank structure (military rank inversion is not permitted)
All dual status technicians must continue to maintain proper military membership (branch of service, grade, occupational specialty, unit of military assignment)

68. Position & Rank Assignment Criteria
Position assignments of officer, warrant officer or enlisted incumbency are commensurate with the duties and responsibilities as stated in AR 611-1, AFOCD, and AFECD

69. Grade Inversion
Grade Inversion is NOT permitted

70. Incompatible Conditions
Loss of military membership = separation
Failure to meet a requirement of the position
Reference: Technician Personnel Regulation (TPR 715 “Voluntary & Non-disciplinary Actions”)

71. Request for an “Exception” to Compatibility or Assignment Criteria:
Must include a solid justification as to why current criteria is insufficient to meet the units needs.
Must be comprehensive enough to allow TAG to understand the rationale for proposed action
Must include recommendation or proposed resolution
See compatibility guide for clarification

72. Questions?