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Dewey Publications Inc.
News and Case Alert
Issue #9-2
TABLE OF CONTENTS

Winter Sale
One Week Left
Sale ends
February 15th, 2017
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Federal Sector Sexual Harassment Law
By: Laws & Hadley
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Best of the Board
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The Art of Advocacy
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Consolidated Federal Sector EEO Update 2004-2016
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Due Process in Adverse and Performance-Based Actions
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UnCivil Servant
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Federal Sector Telework
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The Complete Federal Supervisor's Guide to Human Resources Management
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Labor Arbitration Practice for the Federal Sector
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The Hiring Freeze

There's nothing to report from the MSPB since it lacks a quorum and can issue no final decisions. The FLRA's output of decisions continues, since the Authority still has a quorum, albeit with one vacancy, but there's nothing remarkable to report from the Authority during the last month. But of interest to the federal establishment is the Presidential Memorandum of January 23, 2017, "Regarding the Hiring Freeze." Check out its effect on USAJOBS.gov. Note the provisions of the Memorandum concerning contracting-out, concerning the effect of existing collective bargaining agreements, and concerning the validity of appointments made prior to January 22.

The January 23, 2017, Memorandum provides, in part:

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order a freeze on the hiring of Federal civilian employees to be applied across the board in the executive branch. As part of this freeze, no vacant positions existing at noon on January 22, 2017, may be filled and no new positions may be created, except in limited circumstances. This order does not include or apply to military personnel. The head of any executive department or agency may exempt from the hiring freeze any positions that it deems necessary to meet national security or public safety responsibilities. In addition, the Director of the Office of Personnel Management (OPM) may grant exemptions from this freeze where those exemptions are otherwise necessary.

Within 90 days of the date of this memorandum, the Director of the Office of Management and Budget (OMB), in consultation with the Director of OPM, shall recommend a long-term plan to reduce the size of the Federal Government's workforce through attrition. This order shall expire upon implementation of the OMB plan.

Contracting outside the Government to circumvent the intent of this memorandum shall not be permitted.

This hiring freeze applies to all executive departments and agencies regardless of the sources of their operational and programmatic funding, excepting military personnel.

In carrying out this memorandum, I ask that you seek efficient use of existing personnel and funds to improve public services and the delivery of these services. Accordingly, this memorandum does not prohibit making reallocations to meet the highest priority needs and to ensure that essential services are not interrupted and national security is not affected.

This memorandum does not limit the nomination and appointment of officials to positions requiring Presidential appointment or Senate confirmation, the appointment of officials to non-career positions in the Senior Executive Service or to Schedule C positions in the Excepted Service, or the appointment of any other officials who serve at the pleasure of the appointing authority. Moreover, it does not limit the hiring of personnel where such a limit would conflict with applicable law. This memorandum does not revoke any appointment to Federal service made prior to January 22, 2017.

This memorandum does not abrogate any collective bargaining agreement in effect on the date of this memorandum.



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2016 editions only, sale ends 2/15/2017

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A Guide to Federal Labor Relations Authority Law and Practice
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A Guide to Federal Sector Equal Employment Law and Practice
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MSPB Case Summaries
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