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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. |
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Article 19 Promotion Opportunities for Attorneys |
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Article 20 Position Classification |
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Section 1. Desk Audits Absent extenuating circumstances, the Union will be provided at least five work days notice prior to the desk audit of an employee in the bargaining unit and may briefly consult with such an employee upon receipt of such notice. Notices will identify the employee, position, and the reason the audit is being conducted. In addition, where the Office of Personnel Management (OPM) has notified the Department that it intends to conduct an audit of a bargaining unit employee pursuant to a classification appeal, the Department will notify the Union.
Section 2. Classification Audits The Union will be provided a timely notice of personnel management evaluations conducted by either the Department or OPM which will involve classification audits of bargaining unit employees.
Section 3. Classification Appeals a. Employees have a right to appeal the classification of their positions in accordance with Department of Labor and OPM regulations. b. An employee may request a classification audit when the employee believes that a material change has occurred in the position the employee encumbers. The audit shall be conducted within a reasonable period of time. After completion of the audit, the employee shall be provided in writing the management determination.
Section 4. Position Classification Management will maintain an accurate position description for each position which reflects the significant duties of the employee filling the position.
Section 5. Equal Pay for Equal Work The parties agree to the principle of equal pay for substantially equal work. |
