0:00
schedule F is back is it going to affect
0:02
your career are you going to be moved
0:04
into the new category of employees that
0:06
don't have appeal rights OPM has issued
0:09
new guidance here's some information for
0:11
you in the last week we've received a
0:14
few comments from federal boys our
0:17
primary audience for this video and for
0:22
website expressing a variety of
0:25
consternation anger fear concern uh
0:29
regarding schedule F and schedule F was
0:32
the original term for the executive
0:35
order and the process being used to set
0:38
up a different category of federal
0:41
employees that would have different
0:42
appeal rights and also are in
0:47
positions uh the new OPM guidance that
0:50
just came out this week uh doesn't use
0:53
the term schedule F it uses the term
0:56
schedule policy SLC career most people
1:00
still refer to it as schedule F frankly
1:02
that's easier and I'm going to since
1:04
that's the one people are typically
1:06
using I'm going to use that term in this
1:08
video purpose of this video is to
1:10
explain the new OPM guidance that's come
1:12
out what it means to you as a federal
1:14
employee what it means for federal
1:17
agencies that are being given deadlines
1:19
to have they have to meet by
1:21
OPM and also what this document does in
1:25
so far as explaining the legal
1:26
justification for the president's action
1:29
and it also at the same time probably
1:31
shows what the legal defense is going to
1:34
be because this executive order has
1:37
already been challenged it's going to be
1:38
argued in court I'm sure the lawyers
1:40
will work it out uh based on a variety
1:43
of different legal arguments not got to
1:46
get into that but it does explain why
1:48
OPM says or why the president thinks he
1:51
has the authority to take these actions
1:54
one of the things it does is it explains
1:56
the terms schedule policy and career use
2:00
and schedule act and OPM is taking the
2:02
position that they're not removing
2:05
people from being a career Federal
2:07
employed and people put in schedule left
2:09
will still be in career positions what
2:12
they don't say but which is the case is
2:15
their appeal rights will change I'll
2:17
explain that in just a minute the case
2:20
law according to OPM doesn't reach
2:24
president's constitutional and legal
2:26
legal authority to to delate
2:28
characteristics of what constitutes an
2:31
employee going into schedule F that is
2:34
the policy making trision they say the
2:36
Constitution gives him the authority uh
2:39
5 USC section 7511 gives him the
2:42
authority so he's using that authority
2:45
to make this decision to create a more
2:47
effective and efficient government as I
2:49
said appeal rights are different uh than
2:52
for traditional career employees and
2:55
finally it eliminates uh President
2:58
Biden's guidance that came out from OPM
3:00
on schedule F fairly short time before
3:04
he left office first the appeal rights
3:07
this doesn't affect an agency directly
3:10
right now but it is a one of the primary
3:13
elements of schedule left that's
3:15
important to federal employees if you're
3:17
a career employee traditional career
3:19
employee you have the right to file an
3:21
appeal if you're terminated suspended
3:23
for more than 30 days Etc and your
3:26
appeal would go to the Merit system
3:28
protection board these new employees or
3:31
rather the employees that are converted
3:32
into this new type of category for
3:35
employees do not have the right to
3:38
appeal to the May system protection
3:40
board that right would be gone if
3:42
there's any appeal rights it'll be
3:43
delineated by OPM or perhaps by your
3:46
agency but you can't go to op to mspb
3:49
there are several deadlines for agencies
3:52
that they need to be aware of some of
3:54
them are happening all of them actually
3:55
are happening pretty quickly first 90
3:58
days for preliminary review
4:00
positions and submitting petitions to
4:03
OPM in other words you're being told as
4:05
an agency you need to look at the
4:07
positions in your agency which ones are
4:10
policy making policy defining
4:13
influencing policy that kind of thing
4:16
and identify these people and send that
4:20
to OPM and that has to be done within 90
4:23
days for the pre preliminary review and
4:27
then additional 120 days to final ize
4:30
the review in effect what they're saying
4:32
is don't wait until the last minute
4:33
until you have everybody in your list
4:36
you can submit petitions for adding
4:38
these employees as you go along in fact
4:41
they prefer you not wait a double last
4:43
minute and have this big Crush of names
4:45
coming in I suspect agencies also are to
4:48
designate a point of contact and notify
4:51
OPM who this point of contact is this
4:54
week and it goes to an OPM email address
5:00
opm.gov I think that's a new address
5:02
they've set up but that's where your
5:04
petitions will go from the agency to OPM
5:08
designating who the agency thinks should
5:11
be moved into these career positions
5:14
without the appeal rights something else
5:16
it's happening is that the original
5:19
executive order advised agencies to
5:22
submit to the federal labor relations
5:24
Authority as expeditiously as possible
5:27
who has been moved out of the bargaining
5:29
unit or who should be moved out of the
5:31
bargaining unit once they're going into
5:33
these new positions the federal labor
5:35
relations Authority determines Labor
5:37
Relations policy on review and what
5:39
they're saying to agencies is go to this
5:42
agency and they will determine if any
5:45
schedule fqu positions must be excluded
5:47
from the collective marketing unit they
5:49
may remain in the unit they may be taken
5:51
out but the flr will actually make that
5:55
decision finally uh when I say finally
5:58
it's a it's a significant issue at the
6:01
remaining months of the Biden
6:04
Administration he he took action OPM
6:07
under his guidance took action to make
6:10
it more difficult for president Trump if
6:12
he were reelected to reissue schedule F
6:16
now obviously he was reelected he did
6:18
reissue schedule F under a different
6:20
name but it's the same type of thing and
6:23
what they're saying is that President
6:25
Biden issued his guidance to OPM using
6:28
his Constitution Authority and his
6:31
authority under 5 USC SE
6:35
7511 they're saying now president Trump
6:38
has used his authority under the
6:40
constitution in 5 USC section 7511 to
6:44
make his own decision as to who is
6:46
qualified for these schedule of
6:48
positions and who isn't and he's got the
6:50
authority to create it he's exercising
6:53
that Authority and that's what he's
6:55
doing in effect they're laying out what
6:57
probably end up being their
7:00
legal position the legal defense at
7:03
least part of it uh when this case is
7:05
challenged in court and incidentally a
7:08
case was filed by the national treasury
7:10
employees union very quickly after this
7:13
executive order was issued so we know
7:15
it's going to court the reality is that
7:19
the final decision as to whether this
7:22
system continues to exist will probably
7:25
be made in the courts but that may take
7:27
a while I don't know if a preliminary
7:29
inj iction would be issued or not
7:31
that'll be up to the court I suspect the
7:33
petitioners will ask for that it may
7:35
even end up going to the Supreme Court
7:36
and it may take a year or two for that
7:38
to happen but in the meantime OPM is
7:41
moving out they're identifying the
7:43
positions and they're telling agencies
7:45
this is what you have to do and I'm sure
7:47
the agencies will do it our goal at
7:49
fedsmith is to keep you advised as to
7:51
what's happening uh what it's happening
7:53
what it means and that's the purpose of
7:55
this video we also have if you're
7:58
interested in more detail GS an article
8:00
on the same topic on the website at
8:03
fedsmith.com and it delineates those
8:06
positions that OPM is now clarified as
8:09
probably making them for the kinds of
8:12
positions policymaking policy
8:14
influencing advocating policy in front
8:17
of third parties like om Etc and
8:21
basically saying that these kind of
8:22
positions are qualified for schedule F
8:25
check out the website check out the
8:26
article with there a whole list of those
8:29
characters iations there that OPM has
8:31
made and I think you'll find it useful
8:33
thank you for watching appreciate your
8:35
time and we wish you the best of luck
