RETREAT RIGHTS FAQS

This document contains frequently asked questions (FAQs) regarding the process and activities related to employee retreat rights. Table of Contents 1.0 General

1.0

GENERAL

What are retreat rights?

When an excessing event occurs in an installation, impacted employees may be involuntarily reassigned to another section, installation or craft. Involuntarily reassigned employees have the right to retreat back to the installation/craft from which they were reassigned, under certain circumstances.

Where can I find more information about retreat rights?

Retreat rights for all crafts are governed under Article 12 of the respective National Agreements.

Is an employee who is exercising retreat rights considered to be bidding?

Yes, but it does not count as one of the successful bids under Article 12, Section 3 or unsuccessful bids under Article 37.

Who is entitled to retreat rights?

Discontinued Installation: Upon the reestablishment of the discontinued installation, employees (full-time or part-time flexible) who were involuntarily reassigned are entitled to reassignment with full seniority to the first vacancy in the reestablished installation in the level, craft, or occupational group from which reassigned. Consolidation of an Independent Installation: If the consolidated installation again becomes an independent installation, each full-time and part-time flexible employee who was involuntarily reassigned is entitled to the first vacancy in the reestablished installation in the level and craft or occupational group held at the time the installation was discontinued. Transfer of a Classified Station or Classified Branch to the Jurisdiction of Another Installation or Made an Independent Installation: Each employee involuntarily reassigned to staff the transferred classified station or classified branch, shall be entitled to the first vacancy in the employees level and craft or occupational group in the installation from which transferred. Reassignment within an Installation of Employees Excess to the Needs of a Section: Involuntarily reassigned full-time employees retain the right to retreat to the section excessed from, only upon the occurrence of the first residual vacancy in the salary level after employees in the section have completed bidding Reduction in the Number of Employees in an Installation Other Than by Attrition: Reassignments within Installation: If reassigned to a different craft, Mail Handlers and Carriers must be returned at the first opportunity to the craft from which reassigned. If an APWU represented employee is reassigned to an APWU represented craft, when the installation notifies

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the employee in writing that he or she will be returned to the craft from which reassigned, and before the employee is returned, the employee may waive return to the former craft by written notification to the installation head or designee within five (5) calendar days of the notification. Reassignments to Other Installations After Making Reassignments within the Installation: Carriers and mail handlers shall be entitled at the time of such reassignment to file a written request to be returned to the first vacancy in the level, in the craft or occupational group in the installation from which reassigned. In the Clerk craft, the employee shall be entitled at the time of such reassignment to file a written request to return to the first vacancy at the same, higher or level assignment in the craft and installation from which reassigned.

Reassignment - Part-Time Flexible Employees in Excess of Quota (Other Than Motor Vehicle): Part-time flexibles reassigned to another craft in the same installation are returned to the first part-time flexible vacancy within the craft and level from which reassigned. Part-time flexibles reassigned to other installations have retreat rights to the next such vacancy according to their standing on the part-time flexible roll in the losing installation. The retreat right does not extend to part-time flexibles who volunteer to be reassigned in lieu of a junior part-time flexible.

How do I request retreat rights?

Employees (full time or part-time flexible) involuntarily reassigned to another installation may file a written request at the time of reassignment to be returned to the first vacancy in the level and craft in the installation from which reassigned. Clerks must indicate a desire to retreat to the same, lower, and/or higher level duty assignments. The written request for retreat rights will serve as a bid for all vacancies in the former installation, for jobs at the same level as the employees old job, and for residual vacancies in the other levels for which the employee has requested retreat rights. If vacancies are available in a lower, higher, or same salary level the employee will be given the option to retreat. The employee may only retreat to a lower level duty assignment that the employee would have been eligible to bid if the employee had not been excessed.

To whom should I submit my request for retreat rights?

The Installation Head of the losing installation.

When retreat rights are exercised, how long do they last?

The retreat rights will be honored until the employee (1) is returned, (2) withdraws the request for retreat rights, (3) declines an opportunity to return in accordance with the requested retreat rights.

Who keeps track of retreat rights?

Local Services manages the status of retreat rights.

Are employees who are voluntarily reassigned in lieu of junior employees entitled to retreat rights?
No.

When an employee is excessed to a different craft within the same installation, do they receive retreat rights?
No, that employee must return to their former craft upon the first available residual vacancy.

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If an APWU represented employee, excessed into a different craft within the installation, has to be returned to the first available residual vacancy, what happens if the first vacancy is to a NTFT duty assignment with less than 40 hours/week or more than 44 hours?
The employee will be returned to their APWU represented craft. However, if the employee declines to accept the NTFT duty assignment, they will become unencumbered or unassigned with a traditional schedule.

If an employee is excessed into a different craft in a new installation, do they have to return to their former craft upon the first available vacancy?
No, employees excessed into a different craft outside of the installation have retreat rights and may return, but are not required to return, to their former craft and former installation.

If a clerk is excessed outside the installation to a lower level duty assignment with saved grade pursuant to Article 37.4.C.6.b, and is later offered and declines retreat rights to their former level and craft in the former installation, do they lose the saved grade protection?
The clerk would retain saved grade only for the two year period. Thereafter, the clerk must bid or apply to their former level to retain saved grade status.

When a clerk is placed into a lower level duty assignment to accommodate an excessed senior preference eligible clerk, do they have retreat rights to the level?
No, if placed in a lower level duty assignment due to the placement of an excessed senior preference eligible clerk, he/she will have retreat rights solely to the former duty assignment on a one-time basis if it gets posted as a vacancy. If he/she refuses the retreat rights, they lose saved grade protection.

Will I receive relocation benefits?

You may qualify for relocation benefits. Policies and procedures governing relocation can be found in the Travel and Relocation section of Handbook F-12.

If I received relocation benefits when I was involuntarily reassigned, will I receive the same benefits if I exercise my retreat rights?
No, relocation benefits are not available for the move back to my former duty station.

If I received relocation benefits when I was involuntarily reassigned, will I have to repay the relocation benefits if I exercise my retreat rights to my former duty station?
If you are eligible to exercise retreat rights and choose to return to the former duty station, you will not be required to repay the costs associated with your relocation to the new duty station when you were involuntarily reassigned. However, you are still obligated to reconcile any advanced funds that you have received and which remain outstanding.

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