Some Areas of Difference

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.