The regulation prohibits a federal authority from bringing to market an employee who has been on the move for more than six years. The Director of the Human Resources Management Office (OHRM) may, upon written request, waive this provision. The goal of the PPI mobility program is to facilitate employees` freedom of movement for a short period of time if this movement serves a strong public purpose. Mobility contracts can be used to achieve the following objectives: transfer agreements can be concluded for up to two years and may be temporary, part-time or full-time. The director of the agency or its director may extend a contract for an additional two years if the renewal benefits both organizations. An agency`s right to force the move and dismiss workers who refuse to move has been enshrined in jurisprudence since 1980. If the worker is not covered by a mobility agreement, the Agency is responsible for proving that it is doing so for legitimate management reasons that would promote the efficiency of the service and to adequately inform staff. If the Agency is able to fulfill this burden and the employee is unable to prove that reason is a pretext, the Merit Systems Protection Board (MSPB) generally maintains the distance. If staff are covered by a mobility agreement, it is even easier to defend the Agency`s move. Any substantial changes to an agent`s duties, responsibilities, salaries, work assignments or supervisory relationships should be properly accounted for as a change in the original agreement. The agreement for each agent must always be precise, complete and current.
Minor changes (wage increases due to annual wage adjustments, benefit changes resulting from revised insurance coverage and very short-term changes in tariffs) do not require changes to the original agreement. 5 CFR 334.104 states that a worker who has served for four uninterrupted years on a single contract cannot be sent to another service without a return of at least 12 months to service with his regular employer. Successive operations, without interruption of at least 60 calendar days, are considered a permanent service within the mobility authority. The regulations of the Intergovernmental Personnel Act provide that “other organizations” have the right to participate and define what “another organization” is. Companies interested in participating in the mobility program as “another organization” must have their eligibility certified by the USDA. Certification is permanent and may apply to the entire federal government if an organization has already been certified by another agency. The USDA may accept this certification or require an organization to submit appropriate documents for verification. Certification applications must contain a copy of: The purpose of the Intergovernmental Personnel Act (IAP) mobility program is to allow temporary assignment of staff between federal authorities and national, local and Indian governments, universities and other eligible organizations. Director, Office of Human Resources Management Attn: HR Policy Division Room 320-W, Jamie L. Whitten Building 1400 Independence Avenue, S.W. Washington, D.C. 20250 Fax: (202) 720 9148 OHRM, HR Policy Division Point of Contact: Geraldine Esquibel Tel: 202-494-2709 Email: Geraldine.Esquibel@usda.gov tasks under the IPA are initiated.
The evolution of the proposed allocation should be controlled by management. Benefits for the federal authority and the non-federal organization are priority considerations in the initiation of contracts; not the personal wishes or needs of the employee. The assignment is voluntary and must be agreed by the staff member. The regulations stipulate that an assignment must be implemented by a written agreement. Agencies should use AD-67 forms, the request for prior release of personnel measures and an OF-69 transfer agreement when setting up an IAP.