When compared with the DHS rules, the DoD program will have
some areas of difference, however, reflecting differing
authorities in the underlying law. DoD plans to exercise its
special authority to:
- Alter RIF rights. It plans to make performance, not longevity,
the first consideration in who stays or goes, although it is
not changing veterans preference. It also can narrow the
number of employees who might potentially be affected in the
first place in order to reduce disruption in other areas
(caused by bumping and retreating as the effects of a RIF
spill through an organization.)
- Create new hiring authorities. DoD, working with the
Office of Personnel Management, will be able to create
new alternative hiring authorities as needed, with just a
memo–no regulatory comment and response period. Now it
takes legislation to get a new hiring authority.
- Hold national-level bargaining. National bargaining will
be held where DoD wants uniformity on an issue–although
even a national agreement will only be binding on that
union’s employees. Existing local agreements will be
reviewed to see if they are in conformance with the NSPS
rules, and will be brought into compliance if not. Unions
also will be able to request national level bargaining.
