32 CFR Appendix A to Part 44, Guidance
The Deputy Secretary of Defense shall adjudicate, before mobilization, conflicts between the mobilization manpower needs of the civilian sector and the military that the Ready Reserve screening process has identified, but has not resolved.
(1) To ensure that Federal employees essential to the continuity of the Federal Government are not retained as members of the Ready Reserve, the following guidance is provided:
(i) Conduct annual screening program as provided for by the Assistant Secretary of Defense for Reserve Affairs.
(ii) Responses from Federal Agencies shall be reported under Interagency Report Control Number 0912-DoD-AN, “Ready Reservists in the Federal Government,” in accordance with DoD 8910.1-M. 4
4 See footnote 1 to § 44.4(e).
(iii) Federal Agency heads, or their designees, concerned shall designate those positions that are of essential nature to, and within, the organization as “key positions,” and shall require that they shall NOT be filled by Ready Reservists to preclude such positions from being vacated during a mobilization. Upon request from Federal Agencies, Secretaries of the Military Departments shall verify the essential nature of the positions being designated as “key,” and shall transfer Ready Reservists occupying key positions to the Standby Reserve or the Retired Reserve or shall discharge them, as applicable, under 10 U.S.C. 10149, except as specified in § 44.4 (b).
(iv) In determining whether or not a position should be designated as a “key position,” the following questions should be considered by the Federal Agency concerned:
(A) Can the position be filled in a reasonable time after mobilization?
(B) Does the position require technical or managerial skills that are possessed uniquely by the incumbent employee?
(C) Is the position associated directly with defense mobilization?
(D) Does the position include a mobilization or relocation assignment in an Agency having emergency functions, as designated by Executive Order 12656?
(E) Is the position directly associated with industrial or manpower mobilization, as designated in Executive Orders 12656 and 12919?
(F) Are there other factors related to the national defense, health, or safety that will make the incumbent of the position unavailable for mobilization?
(b)Non-Federal Employers of Ready Reservists. Non-Federal employers of Ready Reservists, particularly in the fields of public health and safety and defense support industries, are encouraged to adopt personnel management procedures designed to preclude conflicts between the emergency manpower needs of civilian activities and the military during a mobilization. Employers also are encouraged to use the Federal key position guidelines contained in this appendix for making their own key position designations and, when applicable, for recommending key employees for removal from the Ready Reserve.
(c) All employers who determine that a Ready Reservist is a key employee, in accordance with the guidelines in this appendix, should promptly report that determination, using the letter format at the end of this appendix, to the applicable Reserve personnel center, requesting the employee be removed from the Ready Reserve.
(a) Each Ready Reservist who is not a member of the Selected Reserve is obligated to notify the Secretary concerned of any change of address, marital status, number of dependents, or civilian employment and any other change that would prevent a member from meeting mobilization standards prescribed by the Military Service concerned ( 10 U.S.C. 10205).
(b) All Ready Reservists shall inform their employers of their Reserve military obligation.
Submit requests to the adjutant general of the applicable State, commonwealth, or territory (including the District of Columbia).
This is to certify that the employee identified below is vital to the nation's defense efforts in (his or her) civilian job and cannot be mobilized with the Military Services in an emergency for the following reasons: [STATE REASONS]
Therefore, I request that (he/she) be removed from the Ready Reserve and that you advise me accordingly when this action has been completed.
The employee is: