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Journal > Army Mobility Agreement

Army Mobility Agreement

April 8th, 2021

An agency`s right to force the move and dismiss workers who refuse to move has been enshrined in jurisprudence since 1980. If the worker is not covered by a mobility agreement, the Agency is responsible for proving that it is doing so for legitimate management reasons that would promote the efficiency of the service and to adequately inform staff. If the Agency is able to fulfill this burden and the employee is unable to prove that reason is a pretext, the Merit Systems Protection Board (MSPB) generally maintains the distance. If staff are covered by a mobility agreement, it is even easier to defend the Agency`s move. One question I asked about this is about mobility agreements. Some workers must sign mobility agreements as a condition of employment. If the worker refuses to move, he or she may be dismissed because he or she does not meet a condition of employment. This leads to the mistaken belief that only workers with mobility contracts can be asked to relocate. Other staff may also be asked to relocate. Gallegos does not deny that it refused to meet the mobility requirement. On the contrary, it has raised a number of defences, including the argument that, in addition to the mobility agreements it has signed, the Agency has provided no evidence that the underlying targeted reallocation promotes the efficiency of the service.

In this context, Mr. Gallegos argued that, in a case where it is a mobility agreement, the Agency must show the same thing as if there was no mobility agreement. The board rejected the applicant`s arguments and distinguished her case from Miller/. Interior, 119 MSPR 438 (2013). In this case, the board found that an agency must demonstrate, with the aid of overwhelming evidence, that a geographical reallocation of a worker who is not subject to a mobility agreement has been duly ordered because, in the interest of promoting the efficiency of the service, management can maintain a distance resulting from the non-acceptance of a directed reallocation. Without mentioning the benefits of this proposal or any other, the idea of targeted redistribution in different sectors of the shuttle is worth discussing. Can the government force you to relocate or risk losing your job? Do they need congressional approval? Do you have to have a mobility agreement? What are the opportunities for employees when their jobs move, but they don`t want to participate? The Merit Systems Protection Board in Gallegos v. Department of the Air Force, 2014 MSPB 53 (July 17, 2014), that the complainant`s expulsion for non-compliance with a condition of employment is appropriate if the complainant, despite being subject to a mobility application, refused a targeted reassignment. Here`s the key – if you take this job, you`re more willing to move wherever they tell you – and don`t complain.

THis could mean abandoning family and friends. If you have a wife and children – make sure they are good with this and 110% on board. If they have you, sign a mobility agreement, it means they will move you at some point, and it will probably be in a place that you may not be satisfied with (including the high cost area like DC).

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