MEMORANDUM TO:

FROM:

SUBJECT:

U.S. Department of Justice

United States Marshals Service

Human Resources Division

Washington, DC 20530-000 /

December 27, 2018

U.S. Marshals Servic~ Exce ted Employees

Dianne Campbell 1.r_,,v Assistant Director · /. JdrV Shutdown Furlough Decision ilf otice

In the absence of either a Fiscal Year (FY) 2019 appropriation, or a continuing reso lution fo r the Department of Justice and the United States Marshals Service, no new financial obligations may be incurred by the Agency fo r functions funded through annual appropriations, except with respect to certain personnel who are otherwise authorized to continue to work.

As you are aware, as an employee who has been excepted from furlough, you can be required to work on those days you would n01mally be scheduled to work. The Cluistmas 'holiday on December 24th and 251h are not days you would nonnally be scheduled to work, and we did not require you to work on those days. Because of the shutdown furlough rules, we must place you in a furlough status for any part of the Christmas Eve and Christmas holiday that you did not work. As an excepted employee, you were/are expected to return to work on your next regularl y scheduled workday following the Christmas holiday. This means you may have returned to work on December 26, 201 8. If you did not, then you remain in a furlough status until you do return to work.

During the lapse in appropriations, all paid leave approved for use is cancelled. As an excepted employee, should you be in non-work status at any time duri ng the shutdown, you are required to sign a furlough notice acknowledging that during your absence, you were in non­work status and therefore furloughed at that time. You may return to work at any time in coord ination with your management.

If you worked any part of the December 24th or 25th holidays, please coordinate with your management to plan your biweekly schedule in accordance with standard timekeeping rules. If you have a work schedule that does not include Christmas as a workday, you will follow the nom1al holiday rules for an "in lieu of' holiday. All full-time employees, including those on

Memorandum from Assistant Director Dianne Campbell Subject: Shutdown Furlough Decision Notice

Page 2

flexible or compressed work schedules, are entitled to an " in lieu of' holiday when a holiday falls on a non-workday. Please consult your management should there be questions regarding your " in lieu of' holiday. If your management is not available, please contact Velicia Marshall at 703-740-1714 or Velicia.Marshall@usdoj.gov. Further guidance will be provided on completing time cards.

This action is being taken because of a sudden emergency requiring curtai lment of the agency's activities; therefore, no advance notification is possible. The customary 30-day advance notice period and opportunity to answer are suspended under the provisions of 5 CFR 752.404(d)(2). The 30 day-advance notice otherwise required by 5 CFR 359.806(a) fo r Senior Executive Service (SES) career appointees (other than reemployed annuitants) may be shoriened or waived.

NOTICE OF APPEAL RIGHTS

Employees who have completed a probationary or trial period or one year of current continuous employment in the competitive service under other than a temporary appointment may appeal this action to the Merit Systems Protection Board (MSPB). Employees in the excepted service who have veterans preference may appeal to the MSPB if they have completed one year of current continuous service in the same or similar positions as the one they now hold. Employees in the excepted service who do not have veterans preference and who are not serving a probationary or trial period under an initial appointment pending conversion to the competitive service may appeal to the MSPB if they have completed two years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to two years or less. Senior Executive Service career appointees adversely affected may also appeal to the MSPB.

If you wish to appeal the action to the MSPB, you must file the appeal within 30 calendar days after the effective date of the action, or 30 calendar days after the date of your receipt of this decision, whichever is later. The MSPB will automatically extend the time limit by an additional 30 calendar days (for a total of 60 calendar days) should the pariies mutually agree, in writing, to attempt to resolve this dispute through an alternati ve dispute resolution (ADR) process. If you do not submit your appeal within this time period, it will be dismissed as untimely filed unless a good reason for the delay is shown.

If you wish to file an appeal, you may obtain information about the appeals process, including the appeal fonn and MSPB regulations governing appeals, at http://www.mspb.gov. The MSPB requires an appeal to be filed with the MSPB regional or field office serving the area where your duty station was located when the action was taken. A list of MSPB offices is available at http://www.mspb.gov/contact/contact.htm. The MSPB also offers the option of electronic filing at https ://e-appeal.mspb.gov/. Employees have a right to representation in this matter and may be represented by an attorney or other person of their choosing. If you decide to

Memorandum from Dianne Campbell Subject: Shutdown Furlough Decision Notice

Page 3

file an appeal with MSPB, you should notify MSPB that the agency official to contact for the purpose of your appeal is:

Susan Gibson, Associate General Counsel U.S. Marshals Service CG-3 15th floor

' Washington, DC 20530-0001 Susan.gibson@usdoj .gov Telephone: 703-740-3945 Fax: 703-740-3980

You may also seek corrective action before the U.S. Office of Special Counsel (OSC). However, if you do so, your appeal will be limited to whether this action constitutes a prohibited perso1U1el practice (including retaliation for making a protected whistleblowing disclosure) as defined by 5 U.S.C. § 2302(b). The procedures governing such complaints, and a list of prohibited personnel practices, are available at www.osc.gov. After seeking corrective action from OSC and receiving notice from OSC of your right to do so, you may file an individual right of action (IRA) appeal with MSPB if you believe that this action is being taken against you in retaliation for making a protected whistleblowing disclosure.

If you believe that there has been unlawful discrimination against you, you may file a mixed case appeal with MSPB or a mixed case complaint with the EEO staff, but not both. The procedure under which you timely file first shall be considered your elected procedure. If you elect to file a mixed case appeal with MSPB, you must file the appeal within 30 calendar days after the effective date of this action, or 30 days after the date of your receipt of this decision, whichever is later. If you do not submit your appeal within this time period, it will be dismissed as untimely filed unless a good reason for the delay is shown. If you choose to file a mixed case complaint with the EEO staff, you must contact an EEO counselor within 45 calendar days of the effective date of this action. You may contact the EEO staff at 703-740-8500.

At the following link you will find an SF-8, Notice to Federal Employee about Unemployment Insurance. https://www.justice.gov/archive/ jmd/sf-8.pdf

Bargaining Unit Employees

If you are a bargaining unit employee, you may grieve this action in accordance with the Negotiated Grievance Procedure of the Negotiated Master Agreement between the USMS and the American Federation of Government Employees (AFGE), International Council of the USMS Locals or may appeal directly to MSPB in accordance with the procedures outlined above, but not both. To obtain information on filing a grievance under the negotiated grievance procedure, contact Thomas Hardy, President, AFGE Local 2272, at 405-684-3481. You must elect to do so under only one procedure (MSPB appeal or a grievance), not both. The procedure under which you timely fi le first shall be considered your elected procedure.

Memorandum from Assistant Director Dianne Campbell Subject: Shutdown Furlough Decision Notice

Page4

A bargaining unit employee who believes that this action constitutes a prohibited personnel action (including retaliation for making a protected whistleblowing disclosure) may seek corrective action from OSC, or file a grievance in accordance with the negotiated agreement, but not both. However, if you do so, your appeal will be limited to whether this action constitutes a prohibited personnel practice (including retaliation for making a protected whistleblowing disclosure) as defined by 5 U.S.C. § 2302(b). The procedure under which you timely file first shall be considered your elected procedure. If you believe that this action is being taken in retaliation for making a protected whistleblowing disclosure, you may also file an IRA appeal with MSPB, or file a grievance in accordance with the negotiated agreement, but not both. However, if you elect to file an IRA appeal, you must first seek corrective action from osc as described above.

In addition, a bargaining unit employee who believes there has been unlawful discrimination may (1) file a mixed case appeal with MSPB, (2) a mixed case complaint with the EEO staff, or (3) a grievance under the negotiated grievance procedure. However, you may elect to pursue only one of these procedures. The procedure under which you timely file first shall be considered the elected procedure.

A bargaining unit employee who elects to file a grievance under the negotiated agreement may request that MSPB review the final decision on the grievance if the employee believes that he or she was the subject of unlawful discrimination. The MSPB will decide both the issue of discrimination and the appealable action in accordance with its appellate procedures under 5 U.S.C. § 7701. Any such request must be filed with MSPB at the address provided above within 35 calendar days after the date on which the final decision is issued, or, if you show that the final decision was received more than five calendar days after the final decision was issued, within 30 days after you receive it. Further information regarding requests for such review is available at 5 C.F.R. § 1201.155. If you request MSPB review of a final decision, you should notify MSPB that the agency official to contact for the purpose of your appeal is:

Susan Gibson, Associate General Counsel U.S. Marshals Service CG-3, 15th floor Washington, DC 20530-0001 Susan.gibson@usdoj.gov Telephone: 703-740-3945 Fax: 703-740-3980

ACKNOWLEDGMENT

I acknowledge receipt of this notice.

Employee Signature Date