Appendix A to Part 44 - Guidance for Employers of Ready Reservists
32:1.1.1.4.11.0.42.6.11 : Appendix A
Appendix A to Part 44 - Guidance for Employers of Ready Reservists
(a) Employers of Ready Reserve members. Prior to any
mobilization action, employers of Ready Reserve members are
encouraged to adopt personnel management procedures designed to
prevent conflicts between the emergency manpower needs of civilian
and military activities that may occur during a military
mobilization requiring Ready Reserve participation. Employers are
encouraged to assess the internal capabilities of their own
positions and the organic capacity to sustain emergency manpower
needs prior to a military mobilization which can produce an
accurate listing of what they consider key positions to their
organization. Employers, via the head of or suitable designee
within an agency, company, local government, or organization, are
encouraged to use the below key position guidelines as a reference
for considering designations and, when applicable, petitioning the
respective Military Service if a Ready Reserve member fills a key
position. Nothing in this part shall reduce, limit, or eliminate in
any manner any right or benefit provided by USERRA. Employers must
ensure that key position determinations are not undertaken in a
manner that would violate USERRA.
(b) Key position guidelines:
(1) Designate individual positions that are essential in nature
to, and within, the organization as “key positions,” and require
they will not be filled by Ready Reserve members to prevent such
positions from being vacated during a mobilization.
(2) Consider the following questions to determine whether an
individual position should be designated as a key position:
(i) Can the position be filled in a reasonable time after
mobilization? (Note that this factor must not be the sole factor
relied on in making a key position determination.)
(ii) Does the position require technical or managerial skills
that are possessed uniquely by the incumbent employee?
(iii) Is the position associated directly with defense
mobilization?
(iv) Does the position include a mobilization or relocation
assignment in a federal agency that has emergency functions, as
designated by E.O. 12656?
(v) Is the position directly associated with industrial or
manpower mobilization, as designated in E.O.s 12656 and 12919?
(vi) Are there other factors related to the national defense,
health, or safety that will make the incumbent of the position
unavailable for mobilization? These factors should not be applied
more broadly than intended as to encompass an entire class of
workers, nor misapplied to conflict with USERRA, its implementing
regulations at 20 CFR part 1002, or other federal statutes and
regulations.
(3) Conduct an annual review of key positions and employees as
noted herein.
(4) Petition to the respective Military Service any findings for
adjudication of specific Ready Reserve members filling critical
positions, as needed.
(5) When employers consider a Ready Reserve member as filling a
key position within their organization, they should petition the
applicable Reserve personnel center for discussion and
adjudication. An employer may not take any employment action with
regard to the position for which approval is sought based upon an
employee or potential employee's military service until such time
as the petition for approval has been approved by the relevant
Service Secretary. Below is the list of Reserve personnel centers
to which petitions shall be forwarded:
Army Reserve: U.S. Army Human Resources, Command 1600
Spearhead Division, Avenue ATTN: AHRC-ROR-PPA, Fort Knox, KY
40122-5100,
https://www.hrc.army.mil/ Navy Reserve:
Commander, Naval Military Personnel Command (Pers 91), 5720
Integrity Drive, Millington, TN 38055-9100,
https://www.public.navy.mil/bupers-npc/Pages/default.aspx
Marine Corps Reserve: Director, Marine Corps Individual
Reserve Support Activity (MCIRSA), 2000 Opelousas Ave., New
Orleans, LA 70114,
https://www.marforres.marines.mil/Major-Subordinate-Commands/Force-Headquarters-Group/Marine-Corps-Individual-Reserve-Support-Activity/
Air Force Reserve: Commander, Air Reserve Personnel
Center/DPAM, 18420 E. Silver Creek Ave., Bldg. 390, MS 68, Buckley
AFB, CO 80011,
https://www.arpc.afrc.af.mil/ Coast Guard
Reserve: Commander (PSC-RPM), U. S. Coast Guard Personnel
Service Center, 2703 Martin Luther King Jr Ave. SE, Stop 7200,
Washington, DC 20593-7200,
https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Human-Resources-CG-1/Personnel-Service-Center-PSC/Reserve-Personnel-Management-PSC-RPM/
Army and Air National Guard: Submit petitions to the
Adjutant General of the appropriate State, Territory, or the
District of Columbia.