Memorandum of Understanding
Furloughs Due to a Government Shutdown
This Memorandum of Understanding (“MOU”) is entered into by and between the
American Federation of Government Employees General Committee (“AFGE” or
“Union”) and the Social Security Administration (“SSA”; “Agency”; or “Management”),
collectively (“Parties”), sets forth procedures for the Parties in the event of a
government shutdown (“Shutdown”).
The parties acknowledge the role of Office of Management and Budget (OMB) in
agency decisions regarding government shutdowns which may have implications under
the Anti-Deficiency Act. Due to the unique circumstances presented in conducting
excepted Agency operations during a Shutdown, the Parties will each take into
consideration Office of Personnel Management’s (“OPM”) published Guidance for
Shutdown Furloughs.
Provisions of this MOU do not reflect an agreement by AFGE to furloughs. This
agreement does not waive or limit any statutory, regulatory, or contractual rights of
individual employees. The Parties acknowledge that some contractual provisions
involving expenditure of funds may be temporarily impacted by the Anti-Deficiency Act
pursuant to Article 1, Section 1 of the National Agreement between AFGE and SSA.
Otherwise, the parties will presume that contractual provisions not impacted by the Anti-
Deficiency Act remain in full force and effect during a lapse in appropriations. To the
extent permitted by the Anti-Deficiency Act, as part of the dialogue between OLMER
and the AFGE General Committee, either party may bring up issues that arise because of
the shutdown that are in conflict with the National Agreement, law, or this MOU.
OLMER will engage with AFGE to discuss/resolve the issues.
- The Agency will establish and maintain a toll-free number and internet
website with 24-hour availability that employees can access to receive
information on the shutdown furlough. The Agency will inform employees
regarding the existence of the website and the toll-free number. The website
will contain information for employees regarding the impact of the furlough
on employee pay, leave, and benefits. This will also include a link to contact
information for the unemployment compensation office in each state as well
as links to the Anti-Deficiency Act and the Agency’s contingency plan.
- During a government shutdown, management will provide furloughed
employees with all information to which they are entitled by law in any
furlough decision notice and will make reasonable efforts to do so in
advance. The notice will direct employees to the Agency website address for
information on the impact of the furlough upon employee leave and benefits.
A sample of the decision notice will be posted on the agency website. - (A) Employees are expected to monitor the Mass Emergency Notification
System (MENS) notifications, Agency’s toll-free number, and website to
learn when the Shutdown ends and when to return to duty. Management
will be liberal when considering requests for leave on the day the employees
are expected to return to duty.
(B) Additionally, during a Shutdown, furloughed employees may be
contacted by their supervisor if required to convert to an excepted duty
status as specified in their decision notices. Supervisors will make reasonable
efforts to contact employees during regular business hours using the
emergency contact information provided by the employee, including through
MENS. It is the employee’s responsibility to update their emergency contact
information, and prior to a shutdown management will verify this
information. Employees converting from furlough to excepted status will
report to duty the following business day. Management will be liberal when
considering requests for intermittent furlough on the day the employees are
expected to report to duty.
Management will make reasonable efforts to ensure that a minimum of two
hours of excepted work is available before requiring employees to report for
duty.
- If insufficient pay is available to make all deductions from an employee’s
gross pay, the agency will comply with the sequence of deductions specified
in the July 30, 2008, Office of Personnel Management Memorandum titled
“Order of Precedence When Gross Pay is Not Sufficient to Permit All
Deductions.” - To ensure the Agency’s contingency plan is current for OMB, AFGE will
submit input regarding the Agency’s contingency plan by the end of July
each year. The Agency will consider any input offered by AFGE regarding
the contingency plan. Once the Agency Shutdown contingency plan and any
revisions are approved by OMB, the Agency will provide a copy to the Union. - The Agency will meet as soon as possible with representatives of the AFGE
General Committee after the end of a government Shutdown to provide a
briefing on the Agency’s plan to pay any authorized retroactive salary and
benefits to bargaining unit employees who have not received their full
compensation. - Unless authorized by law, employees are prohibited from providing
voluntary services to the Agency during a furlough. - The Agency will continue to provide the full Agency contribution to health
benefits under the Federal Employees Health Benefit Program for employees
affected by a furlough consistent with Statute and Government-wide
regulations. - The Parties acknowledge that the amount of income taxes withheld from
employees’ biweekly earnings will be adjusted to reflect the reduction in
earnings that results from the furlough. Where employees request changes to
withholdings/deductions, the employer will make reasonable efforts to
process such changes in an expeditious manner. - Subject to the limitations of the Anti-Deficiency Act, certain limited categories
of official time may be permissible during a government Shutdown. The
Agency has determined that official time may be permitted when triggered
by certain approved agency actions identified as excepted under the
Agency’s Shutdown Contingency Plan. Situations that may trigger
representational duties, and the use of official time, during a Shutdown include
but are not limited to the following:
Formal Discussions with Employees;
Weingarten Interviews;
Disciplinary or performance-based actions taken
during the Shutdown period, associated with
excepted activities; and
Bargaining obligations triggered by notice of
management-initiated changes during the Shutdown
to the extent required by 5 USC 71.
To the extent permitted under the Anti-Deficiency Act, the Agency will
continue to maintain the OUTTS official time electronic recording system
throughout any lapse in appropriations. Union representatives may submit
requests to work official time in connection with any of the above listed
activities through OUTTS. If OUTTS is not available, union representatives
may use alternative methods for requesting official time until OUTTS is
restored.
- The Agency is committed to make and communicate all official time
decisions in an expeditious manner. - Union representatives who were authorized to use hours of official time per
Article 30, Section 5.C. as of the last workday prior to a Shutdown and who
occupy an excepted Agency position may request to be furloughed
intermittently during the shutdown to engage in voluntary Union activities.
The amount of time requested for both official time (under provision
number 10 of this agreement) and intermittent furlough should be consistent
with the previously established schedule of official time used to
accommodate both Union representational activities and Agency assigned
duties per Article 30, Section 5 Such requests will be referred to the
appropriate management official and will normally be approved. This does not
preclude Union representatives from requesting intermittent furlough time
pursuant to provision number 10 of this agreement.
- The Parties acknowledge that during a period of government Shutdown,
excepted employees who are required to work shall be entitled to use leave, for
which compensation for used leave shall be paid at the earliest date possible
after the shutdown ends. Leave requests will be handled in accordance with
Article 31, including leave requests approved in advance of a shutdown. - Employees required to be absent from excepted duties subject to the
provisions of A31, Section 9 (Court Leave) will be placed in intermittent
furlough status. - The Decision to Effect Furlough form shall be used to record periods of
intermittent furlough. - In accordance with Article 41, employees at the time of the shutdown
who are currently working under an approved Telework agreement and
who are excepted from the furlough will be allowed to continue to
Telework based on availability of portable excepted work. - A personalized creditor letter will be issued to each employee. This letter will
be signed by the Commissioner of Social Security or designee and will
provide contact information should a creditor wish to contact the supervisor
for further information. The designee will not be the first-line supervisor. - Subject to the request and approval procedures in Article 10 of the National
Agreement, excepted employees may earn credit hours when working on
excepted activities. The Parties recognize that employees may not use credit
hours until after the Shutdown is over. The Agency website will contain
information regarding the impact of a government Shutdown on the
employees’ inability to carry over more than twenty-four (24) credit hours. - If an employee has exceeded the twenty-four (24) hours credit hour accrual
limit and is unable to use the excess hours due to a government Shutdown, the
Parties will engage in discussions (at the conclusion of the Shutdown) to
explore alternatives, so that employees are not adversely affected, prior to the
Union exercising its rights under Article 24. - If management determines that a limited number of employees are required
to perform a specific excepted activity in the employees’ duty station,
management will determine the excepted employees by the earliest SCD of
those qualified to perform the excepted activities. - The Agency will make reasonable efforts to approve or deny, in writing,
employees’ requests for outside employment within three (3) workdays. - During a furlough, Union officials will have normal access to the space
provided to the Union pursuant to Article 11 of the National Agreement. - Provided the requirements for retirement are met, a furlough will not impact the
effective date of any employee’s voluntary or early out retirement. - It is understood that a furlough is a factor beyond the employee’s control for
purposes of applying Article 21, Section 6.I.1 of the National Agreement. - All filing and processing deadlines contained in collective bargaining
agreements will be extended by the number of days that the Agency is shut
down. These extensions apply to all deadlines for bargaining unit
employees, Unions, and Agency management officials. Additionally, the
parties agree that any arbitration dates that fall during the period of the
Shutdown may be postponed consistent with Article 25.
- As soon as possible, the Agency will provide AFGE with a list of the excepted
positions. - In the event of furlough, the Agency will make reasonable efforts to provide
employees with access to their duty station during duty hours to secure their
personal belongings. - If management conducts formal discussions with employees regarding
Shutdown furloughs, the appropriate Union representative for each facility
will be afforded notice and opportunity to attend such formal discussions. - Employees on LWOP will be issued a notice by management of the effect of
Shutdown periods.
For the Union: For the Agency:
Richard Couture
AFGE C215
Jacqueline Donato
OLMER
Shelley Washington
AFGE L1923
Patricia Flynn
OPE
Vikash Chhagan
DCO
Beverly A. Parks
AFGE C109
Debbie Glenn
AFGE C224 Lori Vandeventer
BFM
Barri Sue Bryant
AFGE L2809 Heather Turnour
BFM
Iris Rakowski
AFGE L2809
Allison Baugher
OHO
Angela Digeronimo
AFGE C220 Sharaye Crowder
OLMER