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.