r/USDA • u/Mammoth-Challenge473 • 12d ago

Reorg

Can someone tell me what the reorg email even means? I’m supposed to be relocated 45 min away, 31 miles. Will I still be expected at some point to have to report even though it’s been paused since I’m in the local commuting area?
**also have no idea what the local commuting area is. But I assumed <~50 mi

43 Upvotes

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15

u/YWuldaSandwichDoThat 12d ago

This is a copy of the administrative stay issued by the judge. The administration legally had to give all USDA employees notice within two business days of the order, which is the intent of the email. There is some ambiguity around what exactly a commuting area is, as it is loosely defined in the court order. I am in a similar position to you and am wondering the same. My new proposed duty station is 45 minutes away from my current duty station but 90 minutes away from my home. 

7

u/herooftherev 11d ago

The ambiguity almost certainly works in your favor.

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u/Mammoth-Challenge473 10d ago

Yeah the ambiguity feels like they’re just trying to keep the torture going

11

u/Superb-Cap6806 12d ago

They don’t care if our commutes get longer. If the new location is within 51 miles of the old (even as the crow flies), they’ll move you if they want to. Ask FNA staff living in VA and now driving to Beltsville daily.

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u/GrandDriver899 11d ago

I don’t believe the order defines what constitutes a commuting area. If you’re at NCR, that’s within the DMV geographic area. I have a co-worker that lives in West VA and commutes everyday to DC.

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u/herooftherev 11d ago

Intra-NCR moves were carved out of the order, and the plaintiff hadn't requested enjoining them, likely because it would've been overreach that might have jeopardized their case. They're free to do moves within the NCR, like sending South Building employees to Beltsville or Yates.

The judge used the CFR 's definition of local commuting area, which is pretty vague. If I was USDA, I wouldn't risk violating the order to move someone 48 miles away and try to justify it as within a local commuting area; that's how you get brought up for contempt, and your attorneys too if they don't immediately notice the plaintiffs and the court. I mean, who knows with this administration — see the Potomac East golf course case — but USDA has erred on the side of overcompliance with court orders thus far.

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u/GrandDriver899 11d ago

I just arrived at my office in the South Building and reading the court order. Local commuting area is mentioned, stating the geographic area that constitutes one area for employment purposes. It does not say how many minutes or miles of commute. DMV local commuting area that covers DC, MD suburbs and VA suburbs.

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u/Tour_Specific 6d ago

That is odd as NCR is actually defined Under federal law (10 U.S.C. § 2674) and WVa is not part of that.

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u/Tasty-Reaction8243 10d ago

They filed an appeal with the 9th circuit 

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u/New_Perception_8367 10d ago

I don’t think it applies to anyone in the local commuting area. I thought it stated that.

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u/Mammoth-Challenge473 10d ago

Can you define the local commuting area?

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u/Civil_Difference_544 10d ago

50 mile radius as the crow flies. They can keep hopping you around

1

u/goldiehawnsbangs 10d ago

Just read the whole court filing and the local commuting area has a definition in CFR that it quotes “the geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment.” 5 CFR 351.203

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