The following are suggested proposals and rationale that Locals may want to use at

the bargaining table relative to the implementation of NDAA 2000.

  1. Status quo employees hired prior to 1 Sept 1970 will be exempt from this implementation.
  2. Current federal employees hired after 1 Sept 1970 who have no signed condition of employment statement indicating that being a military technician was said condition will not be affected by this implementation plan of the FY200 NDAA nor NDAA 2000.
  3. When an employee qualifies for more than one type of retirement, the employee will be entitled to apply for the option he or she prefers.  Allowing this is consistant with the law.
  4. In the event the provisions of NDAA 2000 pertaining to mandatory separation / retirement of technicians becomes no longer valid or is determined by third party adjudication to inappropriate or illegal, the Agency agrees to immediately rescind all like removal actions(separations or retirements taken under duress) and appropriate remedies consistent with the decision shall be taken.  This one needs no discusion.
  5. Prior to reaching their mandatory retirement/separation date all current status quo employees or non-dual status technicians who have signed conditions of employment statement in their OPF whose loss of membership in the Selective Reserve was through no fault of their own will be reassigned by a management directed reassignment to a Department of the Army civilian position (DAC). 
  6. In the event a position is not available and the NDST’s performance is satisfactory the 94th RSC will establish a temp/term position as an appropriate arrangement for employees adversely effected by NDAA 2000. PROPOSAL 5&6 ARE A COMBINED PROPOSAL AND THIS SIMPLY IN-FORCES COMPLIANCE WITH THE MOU BEFORE TAKING ANY ACTIONS UNDER THE LAW. WHILE THE LAW SAYS NON-DUAL STATUS MUST BE RETIRED OR SEPARATED WE BELIEVE MANAGEMENT HAS AN OBLIGATION UNDER THE MOU TO TAKE ACTIONS THAT THEY HAVE NEGLECTED TO DO OVER THE YEARS BEFORE APPLYING THE LAW.
  7. All affected NDST’s will be treated with dignity and respect throughout the separation process.
  8. All NDST'S will be afforded an opportunity to attend a pre-retirement seminar at which they will be afforded a one-on one opportunity to confer with a qualified Civilian Personnel Operations Retirement Counselor as well as thorough review of their OPF.
  9. Those employees encumbering the following positions will be converted to DAC positions as per direction of the Ofice of Chief of Army Reserve prior to implementaion of NDAA 2000: Auditor, Safety, informatiom management, resource management and engineering.THIS PROPOSAL IS CONSISTENT WITH OCAR LETTER DATED AUG98 WHERE POSITIONS WHICH WERE MILITARY TECHS HAVE BEEN NOW AFTER THEIR REVIEW IDENTIFIED AS DAC'S. THE LAW ONLY ADDRESSES MILITARY TECH POSITIONS THEREFORE THESE POSITIONS SHOULD NOT BE IMPACTED.
  10. All employees affected by the mandatory retirement/separation provisions of NDAA 2000 will be afforded immediate priority consideration for all current and future Department of the Army civilian vacancies throughout USARC. THIS PROPOSAL IS TOTALLY CONSISTENT WITH WHAT OCAR/USARC INFORMED THE CONGRESS THEY WOULD DO TO LESSEN THE NONDUAL STATUS TECHNICIANS.
  11. All employees affected by mandatory retirement/separation provisions of NDAA 2000, who desire to be registered in the Priority Placement Program (PPP), will be immediately registered in PPP for a twelve-month period one year prior to their proposed separation date and will be retained on PPP for a period of one year after separation/mandatory retirement.  For those affected in the year 2000, the one year prior provision will not conflict with their proposed separation date.
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  12. Non-dual status technicians will be afforded time necessary during normal work hours to inquire and process(if applicable) for reentry into the Selective Reserves.
  13. All employees whose names appear on a preliminary list of individual non-dual status military technicians who allegedly meet separation criteria established by change in law will be provided an opportunity to provide any information they believe disqualifies them from eligibility for separation. This information will be reviewed and formal written replies will be furnished each employee citing specific provisions of existing laws/rules Etc. which is the basis for this decision.
  14. In filling vacant DAC positions within the bargaining unit, first consideration will be given to all employees affected by the mandatory retirement/separation provisions of NDAA 2000 who meet minimum qualifications.
  15. All employees affected by NDAA 2000 will be allowed to attend courses, which will enable them to transition to another job. Attendance at these courses will be while in a duty status.
  16. The 94th RSC agrees not to contest any State decision to pay unemployment to employees affected by NDAA 2000.
  17. Post 1970 Mil Tech's, formerly separated from the USARC through no fault of their own will have 90 days from the signing of this agreement to regain their Reserve status so as not to be adversely impacted by the NDAA 2000.
  18. Re-employment. Any technician separated under NDAA 2000 will, during the succeeding five years, be offered re-employment into any position in the agency at his or her former grade level for which he or she is qualified, prior to the position being filled from any other source.
  19. Efficient workforce. The commander in chief of the Armed Forces of the United States has directed the Secretary of Defense to take certain actions and to direct his subordinates to take the same actions. The Secretary of Defense has complied with this order, and the Secretary of the Army, the chief of the United States Army Reserve, and their subordinates will obey the orders of the Secretary of Defense.  As noted in General Plewes' memorandum of 19 October 1999, action must be taken to ensure that compliance with the NDAA 2000 will be achieved in a way which minimizes the "negative impact on [the] capability To perform... missions" In accordance with the directive that management "involve employees and their union representatives as full partners with management representatives to identify problems and craft solutions to better serve the agency's customers and mission" and noting the need to comply with NDAA 2000 in a way which minimizes the negative impact on the capability to perform missions, the parties have agreed that the numbers, types and grades of positions in the 94th RSC Command, an organizational subdivision of USARC shall be modified as follows: For each Military technician position currently encumbered by an employee affected by NDAA 2000 there shall be an equal number of temporary or term DAC positions established. The parties shall determine the placement of these positions at various commands within the 94th RSC in order to ensure readiness is maintain.
  20. Retention of skilled employees. Recognizing the desirability of retaining the talents of experienced technicians the affected technicians will be offered vacant positions, at their current or lower pay levels in the modified staffing table created in the previous section. Seniority will govern competition between two equally qualified technicians.

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