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1 0 Smithsonian Institution Date: January 2, 2019 From: Subject: Brenda Malone Director, Office of Human Resources Furlough Decision Notice In the absence of either a Fiscal Year (FY) 2019 appropriation, or a continuing resolution for the Smithsonian Institution, no further Federal financial obligations may be incurred by the Smithsonian, except for those related to the orderly suspension of the Smithsonian s operations or performance of excepted activities as defined in the Office of Management and Budget (OMB) memorandum for Heads of Executive Departments and Agencies dated November 17, Federal Employees. This memo applies to you if: a. You have not been notified by your unit director that you are an excepted employee; or b. You have been notified by your unit director that you are an excepted employee but are required to work for fewer hours than your normal tour of duty. In such case, this memo applies to you only during the hours you are not required to work. Trust Employees. This memo applies to you if you work in a facility that is protected and/or maintained with federal funds unless: a. You have been notified by your unit director that you are an excepted employee; or b. You have been notified by your unit director that you are an excepted employee but are required to work for fewer hours than your normal tour of duty. In such case, this memo applies to you only during the hours you are not required to work; or c. You have been approved to telework or work in your current facility or alternative location (such as Capital Gallery) during the shutdown period. Trust employees who work in a leased facility will report to duty as normal. 1
2 If this memo applies to you, you are being placed in a furlough status (i.e., nonduty, nonpay) effective January 2, 2019, following any activities required for the orderly suspension of operations. This furlough is not expected to exceed 30 calendar days, and therefore this furlough notice will expire on February 1, You should monitor public broadcasts and the Internet. When a continuing resolution or a FY 2019 appropriation for the Smithsonian is approved, you are expected to return to work on your next, regular duty day. This action is being taken because of a sudden emergency requiring curtailment of the Smithsonian 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 (d)(2). If employees are being retained in your competitive level or competitive area, they are required for additional activities related to orderly suspension of Smithsonian operations or they are performing one of the excepted activities defined in the OMB memorandum. During the furlough period, you may not work, or volunteer to work, at your worksite or an alternative worksite until recalled. Any paid leave (annual, sick, court, etc.) approved for use during the furlough period is cancelled. Federal employees who have completed a probationary or trial period or 1 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). Federal employees in the excepted service who have veterans preference may appeal to the MSPB if they have completed 1 year of current continuous service in the same or similar positions as the one they now hold. Federal 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 2 years of current continuous service in the same or similar positions in an executive agency under other than a temporary appointment limited to 2 years or less. If you have MSPB appeal rights, and wish to appeal this action to the MSPB, you must file your appeal within 30 calendar days after the effective date of your furlough. You may obtain information about the appeals process and a copy of the appeal form from the MSPB website at: You may also file your appeal electronically at: The MSPB requires an appeal to be filed with the regional or field office serving the area where your duty station was located when the action was taken. Attached is a list of all MSPB regional and field offices with the corresponding areas each services. If you file an appeal to MSPB after the time limit, the appeal must be accompanied by a motion for waiver of the time limit containing evidence and argument showing good cause for the untimely filing. Employees have a right to representation in this matter and may be represented by an attorney or other person of their choosing. 2
3 If you do file an appeal with MSPB, you should notify MSPB that the Smithsonian contact officials for the purpose of your appeal are: Farleigh Earhart Associate General Counsel Smithsonian Institution P.O. Box MRC 012 Washington, DC (Tel.) (Fax) Federal bargaining unit employees may grieve this action in accordance with Article XXI of the negotiated agreement between the Smithsonian Institution and the American Federation of Government Employees, represented by Local 2463, or may appeal to MSPB in accordance with the procedures outlined above, but not both. Trust bargaining unit employees in Smithsonian Enterprises may grieve this action within 15 working days in accordance with Article 18 of the negotiated agreement between Smithsonian Enterprises and the United Food and Commercial Workers Union, Local 400. Trust non-bargaining unit employees may appeal this action within 10 calendar days by following the procedures outlined in the Smithsonian Directive, SD 213, (SSH 1200) Chapter 772. If you believe this action is being taken wholly or in part because of discrimination based on race, color, religion, sex (including sexual harassment), national origin, disability, genetic information or age, you may include the allegation in your grievance under the negotiated procedure you choose to file on this action. Alternatively, you may file a discrimination complaint with the Smithsonian Institution Office of Equal Employment and Minority Affairs (OEEMA), 600 Maryland Avenue SW, Room 2091, Washington, D.C , within 45 calendar days of the effective date of this action. Information about filing a discrimination complaint can be found in the Smithsonian Directive, SD 214, Equal Opportunity Handbook, Chapters 6-10, or by calling OEEMA at If you file a discrimination complaint, the complaint must be instead of (not in addition to) a written grievance or appeal. We recognize the difficult financial implications of any furlough, no matter how limited its length. We will make every effort to keep you informed as additional information regarding the Smithsonian s funding level becomes available. If you have questions about this memo, please contact Susan Reider, Labor and Employee Relations, Office of Human Resources, at ReiderS@si.edu or , or Gerard Yap-Gipps, Labor and Employee Relations, at YapGippsG@si.edu or Attachment: MSPB Regional and Field Offices with Corresponding Appellate Jurisdiction 3
4 Attachment MSPB Regional and Field Offices with Corresponding Appellate Jurisdiction Atlanta Regional Office 401 W. Peachtree Street, NW 10th Floor Atlanta, GA Appellate Jurisdiction: Alabama, Florida, Georgia, Mississippi, South Carolina, Tennessee Central Regional Office 230 South Dearborn Street 31st Floor Chicago, IL Appellate Jurisdiction: Illinois, Indiana, Iowa, Kansas City (KS), Kentucky, Michigan, Minnesota, Missouri, Ohio and Wisconsin Washington DC Regional Office 1901 S. Bell Street Suite 950 Arlington, Virginia Appellate Jurisdiction: Washington, DC, Maryland (counties of Montgomery and Prince George's), North Carolina, Virginia, and all overseas areas not otherwise covered Northeastern Regional Office 1601 Market Street Suite 1700 Philadelphia, PA Appellate Jurisdiction: Connecticut, Delaware, Maine, Maryland (except Montgomery and Prince George's counties), Massachusetts, New Hampshire, New Jersey (except Bergen, Essex, Hudson and Union counties), Pennsylvania, Rhode Island, Vermont, and West Virginia Dallas Regional Office 1100 Commerce Street Room 620 Dallas, TX Appellate Jurisdiction: Arkansas, Louisiana, Oklahoma and Texas 4
5 Western Regional Office 1301 Clay Street Suite 1380N Oakland, CA Appellate Jurisdiction: Alaska, California, Hawaii, Idaho, Nevada, Oregon, Washington and Pacific overseas New York Field Office 26 Federal Plaza Room 3137-A New York, NY Appellate Jurisdiction: New Jersey, (counties of Bergen, Essex, Hudson, and Union), New York, Puerto Rico, and Virgin Islands Denver Field Office 165 South Union Boulevard Suite 318 Lakewood, CO Appellate Jurisdiction: Arizona, Colorado, Kansas (except Kansas City), Montana, Nebraska, New Mexico, North Dakota, South Dakota, Utah and Wyoming 5
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