Reduction In Force

1
Reduction In Force

• Drake Maynard
• NC Office of State Personnel

2
Objectives

• RIF Policy
• RIF Processes
• Priority Referral System
• OSP RIF Website review
• Overview of OSP services

3
What Wont Happen

• Creation of experts
• All your RIF questions answered
• Unpopular policies vanish

4
Relevant Law

• G. S. 126 7.1
• Priority
• Notification
• G. S. 126-8.5
• Severance Pay
• Discontinued Service Retirement
• Eligibility for both
• G. S. 135-45.2(a)(8)
• 12 month continuation of employee health
  insurance

5
RIF Policy Components

• RIF Factors
• Policy vs. Plan
• Priority
• Agency Responsibility
• OSP Responsibility
• Employee Responsibility
• Appeals

6
RIF Factors

• Type of appointment
• Relative efficiency
• Adverse impact
• Length of service

7
Plan vs. Policy

• Plan The agencys action steps and decisions
  for a specific RIF situation. It includes
  information on what the agency did to avoid the
  RIF, how the RIF factors were applied, and
  identifies the specific work units and employees
  to be affected by this specific RIF.

8
Plan vs. Policy

• Policy Written guidelines and procedures for
  implementing a reduction in force. The policy
  establishes factors to use when making reduction
  in force decisions.

9
Policy

• Openly available to employees
• Copy filed with OSP

10
RIF Plan

• Why - When - How
• Alternatives considered
• Specific actions to be taken
• Adverse Impact Analysis
• Agency Head Signature

11
EEO Considerations and RIF

• Adverse Impact
• Substantially different rate of selection which
  works to the disadvantage of employees based on
  race, sex, ethnicity, or age (40).
• Rate of selection determined using the
  four-fifths (4/5ths) or 80 rule.
• This rule is not intended to resolve the ultimate
  question of unlawful discrimination.

12
EEO Considerations and RIF

• Americans with Disabilities Act (ADA)
• Within RIF policy, employer cannot penalize
  individuals with disabilities for accommodations
  provided under the ADA.
• Within priority reemployment policy, the employee
  is entitled to reasonable accommodations to
  perform essential functions of job.

13
EEO Considerations and RIF

• Federal Discrimination Law
• In addition to appeals to OAH, an employee may
  file a discrimination claim based on federal
  discrimination law
• Civil Rights Act
• Americans with Disabilities Act (and Amendments
  Act)
• Age Discrimination in Employment Act

14
Notification

• Minimum of 30 calendar days in writing
• Reasons for RIF
• Expected Date of Separation
• Additional material on priority, other aspects of
  RIF separation

15
Priority Defined

• No priority without career status
• 12 months from date of official written
  notification
• Priority over outside applicants
• No priority to Exempt jobs

16
Priority Defined

• Same salary-grade/ competency level
• Same salary rate
• Same appointment type

17
Priority Defined

• Must be interviewed
• Same grade - equivalency - level (or below)
• Applied during open application period
• RIF candidate with gtservice has priority over RIF
  candidate
• with ltservice

18
Qualified?

• Employee must be minimally qualified
• Could perform job with normal orientation and
  training

19
Priority Terminated

• Accepts offer equal or better
• Declines interview
• Declines offer that satisfies priority
• 12 months priority ends

20
Priority Continues

• Accepts position at a lower
• SG/equivalent/competency/salary
• Employment outside state government
• Accepts position not SPA
• Accepts Temporary position
• Accepts Contractual arrangement (universities
  only)

21
Agency Responsibilities

• Explore measures to avoid RIF
• Develop RIF plan according to business need of
  organization
• Evaluate employees
• Documentation (RIF Plan)

22
Agency Responsibilities

• Notify Employees of RIF decision
• Meet with employees to discuss RIF
• Work with employees to help define possible job
  opportunities
• Refer employees to resources

23
Agency Responsibilities

• Submit RIF data currently to OSP
• Notify OSP of transfers /rehires
• Notify OSP of refusal of interview or job offer

24
OSP Responsibilities

• Provide services to RIF employees
• Provide technical assistance and advice to HR
  professionals
• Maintain Priority Verification and Referral
  system

25
Employee Responsibilities

• Review vacancy listings
• Apply for openings
• Work with agencies/universities and OSP in job
  search, utilizing other resources

26
Appeals

• Retaliated against for protesting illegal
  discrimination
• Failed to receive veterans preference in RIF
  separation
• Denied priority in selection process
• . . .
• Whatever rights internal A/U grievance procedure
  provides

27
Severance/DSR

• Bridge to other employment
• Ultimate decision - State Budget
• Based on service with age adjustment factor
• Minimum 2 weeks
• Maximum 4 months
• Can be increased by AAF

28
Severance

• Available to
• Permanent, full-time/part-time
• Exempt policy-making/managerial
• Trainee gt6 mos. Service
• Persons on workers comp or short term disability

29
Severance

• Available to
• Permanent, full-time/part-time
• Exempt policy-making/managerial
• Trainee gt6 mos. Service
• Persons on workers comp or short term disability

30
Severance, OSP and OSBM

• In PMIS
• Form comes to OSP
• OSP checks severance calculation
• OSP checks for promotion in last 12 months
• OSP prints hard copy sends on to OSBM

31
Severance, OSP and OSBM

• In BEACON
• Form comes to OSP
• OSP checks salary/information
• OSP prints hard copy sends on to OSBM
• NOTE OSP not able to check severance
  calculation in Beacon

32
Severance, OSP and OSBM

• OSBM
• Checks for SPA status.
• Checks that position is abolished.
• Checks source of funds for position, severance
  pay
• Checks for eligibility

33
Severance, OSP and OSBM

• OSBM
• Checks for similar vacancies in 35 mile radius
• If approved, returns hard copy to OSP employee
  separated in PMIS
• OSP notes approval in BEACON

34
RIF Priority Verification Referral

• Dominick DErasmo
• NC Office of State Personnel

35
RIF Priority Referral

• Discuss RIF Priority Verification and
• Referral
• Where we were.
• Where we are.
• Where we are going.

36
RIF Priority Referral

• The Way We Were
• Agencies Universities were to check a monthly
• RIF inventory, then PMIS, for RIF candidates when
• posting a vacancy.
• Told half the picture
• Not all folks signed up for referral assistance
• Monthly register was quickly outdated
• A/U did not follow referral procedures
• Blank PMIS Reports
• Work flow not aligned with modern HR practice.
• Reactive, transactional process

37
RIF Priority Referral

• Where Are We Now?
• Bad Marriage Theory
• 2 HRIS systems unable to communicate
• Statewide reporting is fragmented
• Beacon RIF status is not accurate
• A/U still requesting blank PMRIF reports
• RIF Priority Verification is spotty

38
RIF Priority Referral

• Where Do We Go From Here?
• One process that will work for ALL A/U
• Solve statewide reporting issues
• Solve RIF Priority Verification/Referral issues

39
RIF Priority Referral

• CH..CH..CH..Changes
• Although the RIF referral and priority
  verification
• process is changing, the focus remains dedicated
  to
• accurate and consistent application of priority
• consideration. Additionally, it provides the RIF
• applicant with greater flexibility as they will
  directly
• apply to postings of their choice.

40
RIF Priority Referral

• What is Changing
• No longer use PMIS for RIF referral (pmreg,
  pmrif)
• OSP will no longer collect and send applications
• OSP will no longer send RIF registers
• State Employment Application (PD 107) to include
  a RIF priority check box.
• RIF applicants no longer sign up for priority
  or referral assistance.
• RIF applicants to apply directly to A/U vacancies
• A/U will verify RIF Priority status via secure
  website
• Future policy changes

41
RIF Priority Referral

• What is NOT Changing
• RIF Priority Policy

42
RIF Priority Referral

• Program Hilights
• RIF Priority applicants now drive process by
  submitting application directly to A/U.
• A/U do not have to check for RIF candidates at
  vacancy posting.
• RIF Priority Verification List available via OSP
  website (password protected).

43
RIF Priority Referral

• Heres How It Works
• A/U hiring dept receives an employment
  application from a candidate indicating RIF
• A/U hiring unit will log in to the secure RIF
  Priority Verification List and search for the
  applicant
• If the applicants name is on the list they have
  RIF priority. However, it is the A/U
  responsibility to determine if the applicant has
  priority for their specific vacancy.
• If the A/U determines the applicant has priority-
  proceed according to policy.
• 3a. If the A/U determines the applicant does not
  have priority- proceed according to policy.

44
RIF Priority Referral

• RIF Priority Verification List
• Will provide information in order for A/U HR
  Staff
• to quickly determine priority status.
• See sample Excel spreadsheet.

45
RIF Priority Referral

• RIF Priority Verification List
• Where does the information come from?
• Each time an A/U notifies an employee of an
• impending RIF- they are to send data to OSP.
• OSP will update and maintain the list.
• We are asking A/U to report ALL RIFs
• (since June 30, 2008) to OSP.

46
RIF Priority Referral

• OSP RIF web tools Now Available
• http//www.osp.state.nc.us/RIF/index.htm
• Please call or email with any suggestions or
• questions?