Proposed Removal not pursued due to RIF Federal

[Michael Daney]

Hello,

I was placed on adminstrative leave in Oct 2003 while management investigated a complaint of an e-mail sent from my government computer. (I work(ed) for the OIEP/BIA Federal Government)

I stayed on paid administrative leave for over a year..until Dec 2004 at which time I was given a letter of proposed romoval. I asked for an extention in time to reply and about 20 documents needed from them for my reply. They agreed to give me more time, however, never sent me any of the items requested. After about three weeks and 10 days after the extended time to reply we (NFIE union rep and I) contacted management and the HR representitive and asked what was going on? We were informed that my issue was not going to be pursued because I was going to be included in a 29 employee reduction in force (RIF). We asked so what does that do with my ongoing proposed removal and as far as I remember they (Management Personnel Officer and HR rep) said it would become a non-issue.

A little over a month later later (March) I was seperated from the government with the RIF, however, the RIF went to aribitration. In October of this year, 2006, the RIF was found to be illegal and were are now to return to work on November 6, 2006, a year and a half after the RIF was conducted, and almost two years from the initial letter of proposed removal for me.

After our victory in the arbitration the union attorney was informed that management anticipates brining back the proposed removal against me that they initially let go so include me in the RIF. There within lies my questions that I hope somebody can help answer for me.

QUESTIONS:

Is management (BIA/OIEP/HR) allowed to do this?

Isn't there any statues of limitation on charges once a proposed removal is started?

I have been through OIEP/BIA regulations and Title 5 and can't find anything that address this issue, or any cases similar to mine.

[ElleMD]

You will need to check wth your union. This isn't addressed by law, it would be addressed by your union agreement if anything. No law would prevent them from resuming an investigation no matter how much time has passed.