>>4782950
lawfag here
this article IS accurate but misleading
the Agency DOES have legal authority to declare a RIF for lack of fundgin after a 30 day furlough - sauce below
however it would be silly and pointless to do so IF (as usual) the "funding shortage" was expected to be temporary - that is the basis of the OPM "guidance"
in other words all it means is wait and see cuz RIF is a pain in the ass process we might NOT have to do
and they are right
congress NEEDS to act and recue their budgets so an RIF will de declared
sauce posted below - bottom line is OPM HAS THE LEGAL AUTHORITY TO DECLARE A RIF ANY TIME DUE TO SHORTAGE OF FUNDS - THE AGENCIES MUST THEN GIVE A 180 DAY NOTICE OF RIF WHICH SETS OFF A SHITHOUSE OFD TWISTS AND TURNS TO SEE WHO HAS THE EMPTY CHAIR WHEN THE MUSIC STOPS (180 DAYS)
It is really a clusterfuck of a process but will be effective to reduce the federal workforce - I do not know why OPM announced it is not doing it - clearly POTUS has decided not to do it at least yet - we shall see but i must wonder what the reason is
SAUCE
CFR Subpart B—General Provisions
§ 351.201 Use of regulations.
(a)(1) Each agency is responsible for determining the categories within which positions are required, where
they are to be located, and when they are to be filled, abolished, or vacated. This includes determining when there is a surplus of employees at a particular location in a particular line of work.
(2) Each agency shall follow this part when it releases a competing employee from his or her competitive level by
furlough for more than 30 days… when the release is
required because of… shortage of funds… after an agency has formally announced a reduction in force…
5 U.S. Code § 1302 - Regulations
OPM GIVEN AUTHORITY TO DECLARE RIF
Confirmed by EO - Executive Order 12828—Delegation
of Certain Personnel Management Authorities January 5, 1993
Addt. authorities/details
5 U.S. Code § 3502 - Order of retention - notice procedure
5 U.S. Code § 3503 - Transfer of functions upon RIF