Article 19
Promotional Opportunities for Attorneys

Agency management will post all opportunities for promotion within the Agency to attorney positions in the Local 12 bargaining unit above the established full performance level for the Agency, except that this requirement will not apply to the following:

a. a position filled by reassignment or transfer at the same grade, whether from inside the Department or outside;
b. a position filled by appointment of an attorney from outside the Federal Government whose starting pay with the Department is the same or less than his/her pay in his/her non-Federal position;
c. a position filled by appointment of an attorney previously employed by the Department in an attorney position for three (3) or more years to a position at the same grade or lower than the position he/she previously held; or
d. a promotion based on accretion of duties.

Management will review the applications and the job requirements and determine those applicants who appear to have the most potential to perform the job. Those bargaining unit employees identified as having the most potential to perform the job will be interviewed, but no more than ten (10) interviews will be required.