Common use of Federal Government Shutdown Clause in Contracts

Federal Government Shutdown. In the event of a Federal government shutdown, the Parties agree that, in order to maintain the efficiency of governmental operations pursuant to Article 2.1.4., the following provisions are agreed to: a. The Employer shall identify each bargaining unit position that is authorized and funded, in whole or in part, by a Federal source where funding is expected to be insufficient due to the Federal government shutdown. The Employer shall provide this information to the Association, including the name of each position’s incumbent, department, the funding source(s), and, at least 14 days in advance, of the projected date for which insufficient fund will be experienced. The employer shall similarly notify each individual employee. This notice shall take the place of the Notice of Layoff requirement contained in the Personnel Rules, for these positions only and in this limited circumstance. b. For applicable bargaining unit positions that are funded 75% or more by an insufficient Federal funding source impacted by the shutdown, employee incumbents shall be fully furloughed for each day of insufficient funds. c. For applicable bargaining unit positions that are funded with less than 75% of an insufficient Federal funding source impacted by the shutdown, the employee incumbents shall be partially furloughed on a weekly basis for each week of insufficient funds. 1. The Employer shall work with each employee impacted to develop a mutually agreed upon modified workweek that least inconveniences the employee and the Employer. d. Furloughed employees shall lose no rights or benefits otherwise articulated in the Agreement that they would be entitled to if they were not furloughed except for lost pay. e. If any employee identified for furlough wishes to instead be laid off, the Rights at Layoff, pursuant to Article 16.10, shall remain in effect. However, in no instance shall other employees in a furlough status be considered employees subject to displacement (bumping), and in no instance shall the Employer be required to comply with the layoff procedures consistent with the Personnel Rules for furloughed employees. 1. In the event the Federal government only partially restores applicable funding, employees choosing layoff shall be recalled after furloughed employees are returned to their normal work week hours. f. For each furloughed employee, the Employer shall promptly provide employees with needed documentation to assist workers with applying for unemployment compensation. 1. If the Federal government later authorizes back pay or funding for back pay for furloughed workers, the Parties shall assist furloughed employees with reimbursements that may be required for unemployment compensation received. g. The Employer agrees to immediately return furloughed workers to normal work immediately after sufficient Federal funding restorations. If only partial funding is restored, the Parties shall consult and develop a mutually agreed upon restoration plan for furloughed workers. h. If the Employer wishes to transfer any employee in an affected position into another position, for reasonable cause, whereby the employee is no longer subject to furlough, the Employer shall consult with the Association at least a week in advance.