A controversial provision included in the FY16 National Defense Authorization Act is causing some angst in the National Guard community, in the Nation’s Capital. Section 1053, Management of Military Technicians asks the Secretary of Defense for a report due out soon and in the report,
The Secretary of Defense shall convert not fewer than 20 percent of the dual-status military technician positions in general administration, clerical, and financial occupations to positions filled by federal civilian employees under Title 5 (5 USC 3101).
Congressional staff are concerned about technicians being involuntarily separated from the National Guard from having their appeals process overseen by the same TAG. Originally, Congressional staff wanted all dual-status technician positions in general administration, clerical, and financial occupations to be converted to Title 5 but there was initial pushback from converting all positions at once. Labor Unions are in favor of this legislation because it grants appeal rights in the event of dismissal, and Title 5 employees have the option of receiving overtime pay and retention bonuses. Many, but not all, TAGs and Governors are against the conversion because they fear increased cost burden and decreased authority over dual-status technicians. Key members and staff in the U.S. Senate and House of Representatives are in favor of the proposal.
The EANGUS National Office understands that it is likely DOD will ask for an extension for its final report. Until the final report, with an implementation plan, is released, it is too early for EANGUS to weigh-in on this issue. EANGUS will continue to fight for TRICARE Reserve Select and retention bonuses regardless of this outcome.