What does our Collective Bargaining Agreement say about RIFs for Title 38s?

The Master Agreement Between the Department of Veterans Affairs and the American Federation of Government Employees states that “For purposes of Title 38 employees, the policies, procedures, and terminology of this article are to be interpreted in conformance with VA Directive and Handbook 5111.”

While researching the topic I could not locate Handbook 5111 on the VA publication website. After some digging AFGE Local 1061 stewards were able to locate it in the VHA database. I’m sharing the copy of Handbook 5111 that we located below:

We also located the following documents that speak to T38s and reorganizations:

I’m sharing the Master Agreement here and posting the relevant segment below:

ARTICLE 28 – REDUCTION IN FORCE Section 1 – Purpose

The Department and the Union recognize that unit employees may be seriously and adversely affected by a Reduction in Force (RIF), staffing adjustment (Title 38), reorganization, or transfer of function action. The Department recognizes that attrition, reassignment, furlough, hiring freeze, and early retirement are among the alternatives to RIFs that may be available. This article describes the exclusive procedures the Department will take in the event of a RIF, reorganization, or transfer of function as defined in this article. It is also intended to protect the interests of employees while allowing the Department to exercise its rights and duties in carrying out the mission of the Department.

Section 2 – Applicable Laws and Regulations

For purposes of Title 5 employees, the policy, procedures, and terminology described in this article are to be interpreted in conformance with 5 USC 3501-3504, 5 CFR Part 351, 29 CFR 1613.203, and other applicable government-wide laws and regulations. For purposes of Title 38 employees, the policies, procedures, and terminology of this article are to be interpreted in conformance with VA Directive and Handbook 5111. Either party may reopen Directive and Handbook 5111 within one year with proper notice. Any successor to the Directive and Handbook or changes or revisions to this document will be developed through the predecisional involvement of the Union and subject to collective bargaining.

In preparation for the unknown, below is a comprehensive list of important documentation and information related to federal employment. 

Courtesy of Joe Oliva, RN

Leave and Earning Statements

It is recommended to retain at least three years’ worth of paystubs in the event that Unemployment Insurance is necessary.

Employees may access the last 12 months of paystubs from the My Pay website. If older pay stubs are required, send an e-mail to VISN22HRGreaterLASBU@va.gov

https://mypay.dfas.mil/#

My Pay Login Site

mypay.dfas.mil

My Pay allows users to manage pay information, leave and earning statements, and W-2s. This is the login and information screen.

SF50 and other personnel action documents (TSP changes, position changes, annual cost of living changes, promotions, demotions, personnel actions, annual appraisals, etc.)

It is recommended to retain all documents throughout your career from this website. The most relevant documents are your appointment to your most recent position, appointments to your highest grade/step, and any “permanent” or “career” appointments.

SF-50 download from eOPF:

1.    Log into the website.

2.    Click “My eOPF” tab on the sidebar

3.    Click “My eOPF Print Folder” tab at the top

4.    Check “Select All”

5.    Click one of the two print buttons

6.    Click “My eOPF Print Status” at the top

7.    Wait for the print request to process. In some cases, the print request will take 24 hours. If the print request fails, another option is to download one file at a time, which only takes a few seconds per file.

8.    While waiting, read the instructions describing what the password will be for your document and write the password down

9.    When it appears, click “View” in the “Action” box

10.    Save as PDF

11.    Open PDF in Adobe and enter password

12.    Because this form contains your SSN, you will need to send it to yourself as an encrypted e-mail. You may find this under the Options menu in your New E-mail window. 

13.    Ensure you remove your SSN from each page, as needed.

https://eopf.opm.gov/va

EHRI Electronic Official Personnel Folder – eOPF

eopf.opm.gov

U.S. Office of Personnel Management EHRI Electronic Official Personnel Folder Application

Service Computation Date

This date tracks how long you have been in the Federal service. If you served in a previous service and retired, your service is not counted in this date.

Review Block 31 on your latest SF50.

If incorrect, fill out the SF 144 and contact VISN22HRGreaterLASBU@va.gov.

https://eopf.opm.gov/va

EHRI Electronic Official Personnel Folder – eOPF

eopf.opm.gov

U.S. Office of Personnel Management EHRI Electronic Official Personnel Folder Application

Office of Personnel Management Statement of Prior Federal Service

www.opm.gov

– I STANDARD FORM 144 (Rev. 10/95) Office of Personnel Management The Guide to Processing Personnel Actions . Statement of Prior Federal Service (PLEASE READ THE FOLLOWING INFORMATION BEFORE COMPLETING THIS FORM)

Veterans Preference for RIF

Review Block 26 on your latest SF50.

This should be marked YES if you served in the military but did not retire. 

You may use the Vet Preference checker (link on right) to help determine the correct answer for Block 23, Veterans Preference.

You may use the Vet Preference RIF checker (link on right) to help determine the correct answer for Block 26, Veterans Pref for RIF. (As of 3/4/25, this tool doesn’t seem to be functioning properly, so you may read more about this preferenceat  https://webapps.dol.gov/elaws/vets/vetpref/ben_rif.htm)

https://eopf.opm.gov/va

EHRI Electronic Official Personnel Folder – eOPF

eopf.opm.gov

U.S. Office of Personnel Management EHRI Electronic Official Personnel Folder Application

https://webapps.dol.gov/elaws/vets/vetpref/mservice.htm

elaws – Veterans’ Preference Advisor – DOL

webapps.dol.gov

Did you serve on active duty in the Armed Forces of the United States? Yes; No

https://webapps.dol.gov/elaws/vets/vetpref/ret_rif.htm

elaws – Veterans’ Preference Advisor

webapps.dol.gov

ePerformance Annual Appraisals

It is recommended to retain all performance appraisals throughout your career. The most relevant are the last four, as they may be required if a reduction in force is considered.

  1. Log into the website.
  2. Click on Plans > My Plans
  3. For each entry listed, click on the arrow.
  4. In the top right corner, click “View PDF.”
  5. This file does not contain your SSN, so you may send it to yourself via encrypted or non-encrypted e-mail.

https://eperformance-va.ngcpaas.com/Common/ePERF.aspx

Change your Telework Status

All telework applications now go through the HR Smart dashboard.   Please read the attached instructions carefully, as our internal instructions have also changed.  One big improvement in the new procedures is that you no longer need signatures on documents from anyone other than your supervisor. No more routing for signatures to Joanna/Barry or the Chief of Staff.  You also now fill out most of the telework application in an online form instead of a pdf and only fill out a pdf regarding workstation safety (see attached guide for the workstation checklist form). The various TMS courses and supervisor’s TMS course are still required.

https://txpvaprd.servicenowservices.com/txp

HR Smart – ServiceNow

Employee Service Card

Position Data, Within-Grade Increase Data, Telework Status, Not to Exceed Dates, Tenure/Probation, Performance Evaluations

Log into the TXP website and find the blue button “View Your Service Card.”

https://txpvaprd.servicenowservices.com/txp

HR Smart- ServiceNow

Retirement Related Information

GRB Platform

Recommend printing your Total Compensation statement and any other information you may find useful from here.

https://platform.grbinc.com/app/employee/home

Two National Grievances Filed In Response to OPM Deferred Resignation Program

On January 29 and February 7, the NVAC Legal Team filed two National Grievances concerning the OPM Deferred Resignation Program. NVAC filed these National Grievances to challenge the multiple, repeated violations of our Master Agreement and the Federal Service Labor-Management Relations Statute by OPM and VA. As you know, this is a rapidly evolving situation. We will continue to hold VA accountable and take further legal action as necessary. 

Official Time That is Not Counted Against Allocation

Time spent engaging in collective bargaining (5 U.S.C. 7131(a))

•Time spent in proceedings before the Authority, as determined by the FLRA (5 U.S.C. 7131(c))

•Official time for the establishment of a joint labor-management committee and participation in any related sub-committees (Article 3, Section 7)

•Participating in Joint labor management training as a trainer (Article 4, Section 3)

•Official time for representational participation in quality programs (Article 7, Section 2)

•Official Time for serving as a representative to the Department of Veterans Affairs Diversity Council (VADC) (Article 18, Section 7.A)

•Participation in local EEO committee(s), such as the EEO Advisory Committee, the Diversity Committee, etc., (Article 18, Section 7.C)

•Participation on a national task force or committee (Article 48, Section 2.B)

•Time spent in connection with national bargaining and LMR Committee meetings (Article 48, Section 4)

•Time spent making a presentation during new employee orientation (Article 49, Section 9)

•All activities related to Labor-Management Committees (Forums) (Article 48, Section 6)

•Serving in a union representational capacity in Quality programs (Article 48, Section 6)

Appropriate Uses of “Duty Time” for Union Representatives

•Time required for preparing and presenting appeals to the MSPB and handling discrimination complaints to the EEOC (Article 48, Section 6)

•Time spent serving as a Union representative during safety and health inspections, as a member of a Safety and Health Committee or its subcommittees, developing plans for abatement of materials, investigating accidents, and safety-related committee assignments. (Article 29, Section 3)

•Participation in a committee in a non-representational capacity including serving as a Subject Matter Expert 

•Attending training as a participant (i.e joint labor management training and whistle blower protection)

•Appearing as a witness in an arbitration

Remembering Juneteenth

June 19th is a day that reminds us how freedom is obtained when people stand for what’s right.

As we take this time to commemorate the end of slavery, we need to remember how far we’ve come so as not to repeat the past. We honor all impacted by slavery and recognize the fight for certain freedoms is not over. 

May your Juneteenth be one of peace and happiness.

Happy June 19th from your GLA Union Team

VIRTUAL TITLE 38 TRAINING on June 28, 2023 from 12:00-4:00pm ET. 

The NVAC National Training and Education Committee is pleased to announce that we will be holding a VIRTUAL TITLE 38 TRAINING on June 28, 2023 from 12:00-4:00pm ET. 

This training will include roughly 3 hours of instruction on the nuts and bolts of Title 38, focusing on what you need to be an effective AFGE representative for Title 38 employees. We will also have a Question and Answer session with NVAC Title 38 experts who are great resources for you and your fellow unionists. 

Official time for this training has been authorized by VACO-LMR.

More information and registration at http://afgenvac.org/training-education/