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

Statutory and Regulatory References for Recruiting and Placement 5 USC 2301 - Merit System Principles 5 USC 2302 - Prohibited Personnel Practices NGB Technician Personnel Regulations TPR 300-series CFR 300 of Title 5 Local Merit Placement Plans JFHQ 690-335/ MI TPL 12-03 TECHNICIAN SELECTION BOARD PROCEDURES Bargaining Unit Agreements ACT LIUNA

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

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

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)

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

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

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

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

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

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)

Merit Promotion & Placement Section B Merit Promotion & Placement 5 CFR 335.103 - Agency promotion programs. http://www.gpo.gov/fdsys/pkg/CFR-2011-title5-vol1/pdf/CFR-2011-title5-vol1-sec335-103.pdf

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

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

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)

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)

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

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.

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.

Getting Started

Competitive Procedures Applicable Non-Applicable Discretionary

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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]

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.

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

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

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

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

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

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

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

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

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

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

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.

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

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.

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

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

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

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

Section D Compatibility

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

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

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

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

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

Statutory and Regulatory Requirements Title 10, United States Code - Armed Forces Title 32, United States Code - National Guard DoD Directive 1205.18 - Full-Time Support (FTS) to the Reserve Components TPR 303 - Military Technician Compatibility, August 2005

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

Regulatory Compatibility Guidance AR 611-1 - Military Occupational Classification Structure Development & Implementation Prescribes Officer, Warrant Officer and Enlisted Classification Structures DA Pam 611-21 - 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

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

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

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)

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

Grade Inversion Grade Inversion is NOT permitted

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”)

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

Questions?