Article 18

Merit Staffing

Section 1. Introduction

The Department will adhere to all applicable Government-wide rules and

regulations and the provisions in this Article in the administration of Merit Staffing.

Moreover, the Department shall administer this Article in accordance with DPR 335,

dated April 28, 2004, as specified or except as provided herein. Any future

changes to this regulation will be handled in accordance with Article 38. The

purpose and intent of this Article are to ensure that employees are given full and

fair consideration and to ensure selection from among the best-qualified

candidates. The Department and Local 12 also agree to fill positions in the

bargaining unit on the basis of merit in accordance with systematic and equitable

procedures adopted for this purpose.

Section 2. Coverage

The following personnel actions are covered under competitive merit staffing

procedures:

a. Promotions other than those which are excepted in Section 3 below;

b. Time-limited promotions for more than 120 days (prior service during the

preceding 12 months under noncompetitive time-limited promotions and

noncompetitive details to higher graded positions counts toward the 120-

day total);

c. Details for more than 120 days to a higher grade position or to a position

with higher promotion potential (prior service during the preceding 12

months under noncompetitive time-limited promotions and noncompetitive

details to higher graded positions counts toward the 120-day total);

d. Selection for training which is part of an authorized training agreement, part

of a promotion program, or required by a formal training program before an

employee may be considered for promotion;

e. Reassignment or demotion to a position with more promotion potential than

a position previously held on a permanent basis in the competitive service

(except as permitted under reduction-in-force);

f. Transfer to a position at a higher grade or with more promotion potential

than a position previously held on a permanent basis in the competitive

service; and

g. Reinstatement to a permanent or temporary position at a higher grade or

with more promotion potential than a position previously held on a

permanent basis in the competitive service.

Section 3. Exclusions

Actions not specifically described as covered actions in Section 2 above are

excluded from coverage including, but not limited to, the following:

a. A promotion resulting from the upgrading of a position without significant

change in the duties or responsibilities due to the issuance of a new

classification standard or the correction of an initial classification error;

b. A position change permitted by reduction-in-force regulations;

c. A promotion without current competition of an employee who was

appointed in the competitive service from a civil service register, by direct

hire, by noncompetitive appointment or noncompetitive conversion, or

under competitive procedures for an assignment intended to prepare the

employee for the position being filled, (e.g., career ladder, trainee, and

understudy positions, and conversions from various special appointing

authorities (e.g., Career Intern Program, etc);

d. A promotion resulting from an employee’s position being reclassified at a

higher grade because of additional duties and responsibilities;

e. A temporary promotion, or detail to a higher-grade position or a position

with known promotion potential, of 120 days or less;

f. Promotion to a grade previously held on a permanent basis in the

competitive service (or similar OPM-approved system) from which the

employee was separated or demoted for other than performance or conduct

reasons;

g. Promotion, reassignment, demotion, transfer, reinstatement or detail to a

position having promotion potential no greater than the potential of a

position an employee currently holds or previously held on a permanent

basis in the competitive service (or similar OPM-approved system) and did

not lose because of performance or conduct reasons;

h. Priority consideration of a candidate not given proper consideration in a

competitive promotion action;

i. Appointments of career SES appointees with competitive service

reinstatement eligibility to any position for which they qualify in the

competitive service at any grade or salary level, including positions

established under 5 CFR 319;

j. A temporary promotion made permanent if the temporary promotion was

made under competitive procedures and the fact that it might lead to a

permanent promotion was made known to all potential candidates; and

k. An appointment from a certificate of eligibles resulting from a competitive

examination, e.g., delegated examining.

Section 4. Vacancy Announcements

Vacancy announcements will be publicized in such a way as to ensure fair and

open competition in accordance with Merit Systems Principles, 5 U.S.C. 2301.

Section 5. Interviews and Selections

Selecting officials have the right to select or not to select. However, no selection

shall be made unless and until the selecting official has interviewed all available

candidates on the certificate who are within the unit. The interview may be done

face-to-face, by telephone, or by other state of the art technology as available.

Candidates may be required to submit items such as work products upon

interview, or may be required to complete writing samples, etc., during interviews.

Section 6. Career Ladders in DOL

a. A career ladder is a series of positions of increasing difficulty in the same

line of work through which a group of employees may progress from the

entrance levels to the journey level of full performance. They are all given

grade-building experience and are promoted as they demonstrate ability to

perform at the next higher level, and meet all eligibility requirements.

b. Career ladder positions are developmental in nature. To be promoted, an

employee in a career ladder must meet the following criteria, in the

supervisor’s judgment:

(1) Meet all performance requirements for the duties and responsibilities

of the current position, and also carry out specific assignments or

projects typical of the next higher grade position in the career ladder.

(2) Regularly demonstrate, through assigned work, performance in the

current position that clearly indicates the probability of satisfactory

performance in the next higher graded career ladder position.

(3) Perform in the position for a sufficient length of time to allow

adequate observation of the work performed.

Section 7. Informing Employees about Opportunities for Entrance Level

Positions

The Department’s Director of Human Resources will inform employees in the unit

at least twice a year through a Spotlight or other issuance of the jobs, including

qualification requirements that are likely to be filled at the entrance levels of career

ladders during the year.

Section 8. Review of Merit Staffing Actions

There will be regularly scheduled Departmental reviews of Agency personnel

actions taken under this Article. A representative nominated by Local 12 may

participate in each such review to determine if the purpose and intent of this

Article are being fulfilled.