Effective July 6, 2017, the Postal Service™ is revising the Employee and Labor Relations Manual (ELM), section 354.27, to update policy for establishing a reinstatement list. This includes updating eligibility for reinstatement to career employees who are preference eligible for reduction-in-force purposes as defined by the Office of Personnel Management’s reduction-in-force regulations, 5 C.F.R., part 351.
Employee and Labor Relations Manual (ELM)
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3 Employment and Placement
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350 Assignment, Reassignment, and Promotion
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354 Assignment of Unassigned Employees
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[Revise the text of 354.27 to read as follows:]
354.27 Establishing a Reinstatement List
354.271 Providing Priority Consideration to Employees
A reinstatement list (RL) identifies career preference-eligible employees who are eligible for priority consideration for reinstatement to the Postal Service because they have been separated as a result of a reduction-in-force (RIF).
An RL is established the day after the RIF effective date if one or more employees have been found eligible for placement on the RL. The RL remains in effect for 2 years following its establishment or until no eligible employees remain on the RL, whichever is earlier.
Note: Acceptance of an employee’s PS Form 999, Application for Reinstatement List, and placement on the RL does not guarantee the employee’s reinstatement to the Postal Service.
354.272 Determining Employee Eligibility
A career employee is eligible to be placed on an RL if all conditions listed below occur:
a. The employee is preference eligible for RIF purposes, as defined in section 354.215.
b. The employee received a specific RIF notice indicating that he or she will be separated from the Postal Service, and that notice has not been canceled or rescinded. An employee who retires on or before the RIF effective date is eligible for placement on the RL, provided he or she meets all other eligibility requirements.
c. The employee does not refuse an offer of a position under 5 C.F.R. part 351, subpart G, with the same type of work schedule and with a representative rate at least as high as that of the position from which the employee was or will be separated.
d. The employee’s last merit performance rating of record before separation was better than a non-contributor for RIF purposes or its equivalent.
e. The employee submits an Application for Reinstatement List no later than the RIF effective date.
f. The employee is at least minimally qualified for one or more of the positions identified on the Application for Reinstatement List.
354.273 Considering Employees on a Reinstatement List
Provisions for reinstatement list consideration are as follows:
a. Eligible RL applicants are provided initial consideration before external advertisement of a vacant position within their competitive area and all other competitive areas within commuting distance not undergoing an organizational change/RIF action. Consideration is limited to those applicants who are at least minimally qualified for the vacant position.
Note: A vacant position does not include positions that are filled through other special programs, such as the restoration of individuals who served in the uniformed services and the reemployment or reassignment of employees injured on duty who recover within one year.
b. Human Resources maintains the RL and checks the list before publishing external job postings.
c. Positions identified by eligible RL applicants on their Application for Reinstatement List form for which they are at least minimally qualified must be:
(1) Authorized positions.
(2) At the same or lower grade level (or representative rate) as the position held before separation due to a RIF action.
d. If an otherwise eligible RL applicant is found to be at least minimally qualified for a position identified on his or her Application for Reinstatement List, he or she must be offered the position before external applicants are considered.
354.274 Removing Employees From a Reinstatement List
An employee’s name is removed from the RL in the following situations:
a. The employee accepts a career appointment with the Postal Service or another federal agency;
b. The employee voluntarily requests, in writing to Human Resources, to have his or her name removed from the RL;
c. The employee fails to provide Human Resources with any changes in his or her address or telephone number, thereby preventing Human Resources from contacting the employee about potential employment opportunities; or
d. Human Resources tries to contact the employee about a position with a representative rate at least as high as the representative rate of the position from which the employee was separated, and the employee declines the position, fails to respond, or fails to appear for an interview without having taken reasonable steps to reschedule the interview.
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We will incorporate these revisions into the next online update of the ELM, which is available on the Postal Service PolicyNet website:
n Go to blue.usps.gov.
n In the left-hand column under “Essential Links,” click PolicyNet.
n Click Manuals.
The direct URL for the Postal Service PolicyNet website is blue.usps.gov/cpim.
— Organization Design,
Employee Resource Management, 7-6-17
