Area of Consideration  |  Career Ladder Positions  |  Committee/Panel
Competitive Procedures  |  Crediting Plan  |  Details  |  First Consideration
Limitations on Selection  |  Non–bargaining Unit Positions  |  Notification  |  Organization Structure
Preference for Bargaining Unit Employees  |  Probationary Period  |  Professional Standards Board
Repromotion/Rehire  |  Seniority  |  Temporary Promotion  |  Miscellaneous

1. Extending the coverage of the negotiated merit promotion procedures to certain GS–6 threshold supervisory positions. IAFF, Local F–61, 3 FLRA 438, Proposal III [NN]
2. Negotiated procedures to be used in filling nonunit positions. Hawaii Federal Employees Metal Trades Council, AFL–CIO, 4 FLRA 15, Proposal I [NN]
3. The negotiated merit promotion procedures to be applicable to the filling of positions outside the bargaining unit. AFGE, AFL–CIO, Local 2, 4 FLRA 450 [NN]
4. Incorporating within the merit promotion plan supervisory and management official positions. NFFE, Local 1332, 6 FLRA 361, Proposals I and II [NN]
5. Filling of positions outside the bargaining unit, i.e., “threshold supervisory positions.” AFGE, AFL–CIO, Local 909, 6 FLRA 502 [NN]
6. Concerning the filling of vacancies to the extent that it applies to the filling of supervisory positions. NFFE, Locals 1707, 1737, and 1708, 9 FLRA 148, Proposal 1 [NN]
7. Establishing procedures governing temporary promotions to supervisory positions for which unit employees are eligible to compete. National Union of Compliance Officers, Ind., 9 FLRA 735 [NN]
8. Procedures for the selection of bargaining unit employees to fill supervisory position. National Labor Relations Board Union, Local 21, 15 FLRA 798 [NN]
9. Agency to provide the union with the names of employees selected for supervisory and management positions prior to announcement of their promotions. AFGE, Local 2047, AFL–CIO, 16 FLRA 805 [NN]
10. Negotiating a procedure for filling supervisory positions. National Union of Hospital and Health Care Employees, AFL–CIO, District 1199, 28 FLRA 435, Proposal 12 [NN]
11. Placing limits on the Agency when filling supervisory or managerial positions open to bargaining unit employees. NAGE Local R1–109, 61 FLRA 588, Proposals 1-2D [PN, (b)(1)]

Notification

1. Ninety days prior to an employee completing the time–in–grade requirement, the appropriate service chief will notify the employee of the preliminary promotion recommendation. AFGE, AFL–CIO, National Council of VA locals, 29 FLRA 515, Proposal 4, Section 3 (subsection B) [NN]
2. Agency to notify the employee in writing, with reasons, within a specified time after the Professional Standards Board has made its decision. AFGE, AFL–CIO, National Council of VA locals, 29 FLRA 515, Proposal 4, Section 5, Subsection D [N]
3. New employees to be given written notification of management’s decisions concerning appointment and the terms of appointment. New York State Nurses Association, 30 FLRA 706, Proposal 6 [N]
4. Deciding official to notify employee of selection decision and meet with non-selected employees at their request to discuss the decision. New York State Nurses Association,30 FLRA 706, Proposal 10 [NN]
5. Providing information to non–selected candidates about a promotion action. On remand, POPA, 41 FLRA 795, Provisions 5 and 6 [N]

Organization Structure

1. Agency to modify its organizational structure to provide promotion opportunities for certain employees without regard to classification. National Association of Government Inspectors and Quality Assurance Personnel, Unit #2, 8 FLRA 144, Proposal I [NN]
2. Management to establish its organizational structure in a manner which will assure promotional opportunities for its civilian technician employees. AFGE, AFL–CIO, Local 3742, 11 FLRA 189, Proposals 1, 5, 6 and 7 [NN]
3. Limiting the number of civilian positions occupied by military personnel. AFGE, AFL–CIO, Local 3742, 11 FLRA 189, Proposal 8 [NN]
4. Preventing the agency from converting certain specified civilian technician vacancies to full time military positions. NFFE, Local 1671, 11 FLRA 228 [NN]
5. Agency to establish its organization structure in a manner which will assure promotional opportunities for civilian technician employees. NFFE, Local 1671, 11 FLRA 228 [NN]
6. Agency to establish its organization structure in a manner which will assure promotional opportunities for civilian technician employees. AFGE, AFL–CIO, Local 1900, 11 FLRA 234, Proposal 4 [NN]
7. Guaranteeing opportunities for employees in a unit where civilian vacancies are being converted and filled by active duty military personnel. AFGE, AFL–CIO, Local 1900, 11 FLRA 234, Proposal 7 [NN]
8. Prohibiting conversion goals. AFGE, AFL–CIO, Local 1900, 11 FLRA 234, Proposal 7 [NN]
9. Agency to establish its organization structure in a manner which will assure promotional opportunities for civilian technician employees. AFGE, AFL–CIO, Local 2375, 11 FLRA 243, Proposal 3, 4, and 5 [NN]
10. Prohibiting conversion goals. AFGE, AFL–CIO, Local 2375, 11 FLRA 243, Proposal 7 [NN]
11. Guarantee opportunities for employees in a unit where civilian vacancies are being converted and filled by active duty military personnel. AFGE, AFL–CIO, Local 2375, 11 FLRA 243, Proposal 7 [NN]
12. Where agency reviewer determines that an employee whose promotion was denied should have been given the promotion, the employee shall be promoted retroactively as of the date he or she would otherwise have been promoted and given back pay in accordance with law. Congressional Research Employees Association, 25 FLRA 306, Proposal 15 [N]

Preference for Bargaining Unit Employees

1. Vacancies will be filled using bargaining unit employees. AFGE, Local 12, AFL–CIO, 17 FLRA 674, Proposal 1A [NN]
2. Select only unit employees for specified positions unless none were qualified or eligible. CREA, 25 FLRA 306, Proposals 12–14 [NN]
3. Giving current employees preference for vacancies. Colorado Nurses Association, 25 FLRA 803, Proposal 5 [NN]
4. Management to use internal recruitment to maximum extent possible when filling vacancies or making assignments. National Union of Hospital and Healthcare Employees, AFL–CIO, District 1199, 28 FLRA 435, Proposal 12, Section 1 [N]
5. Bargaining unit employees to return to their former or a comparable unit position if promoted out of the unit without loss of seniority or benefits. Veterans Administration Staff Nurses Council, Local 5032, WFNHP, AFT, AFL–CIO, 29 FLRA 849, Proposal 9 [N]
6. Precluding solicitation or consideration of military personnel for bargaining unit positions until after the merit placement process for technicians has been completed. NAGE, Local R5-165, 35 FLRA 886 [NN]
7. The selection of the unit employees who may be designated as supervisory backup in the absence of the supervisor. NFFE, Local 1482, 39 FLRA 1169, Proposal 2 [N]. Reversed in Defense Mapping Agency v. Federal Labor Relations Authority, 955 F.2d 764 (D.C. Cir. 1992).
8. Requiring the agency to notify and consider bargaining unit employees for unit positions in the nuclear program before soliciting non-bargaining unit employees; and to select bargaining unit employees, based on seniority, if bargaining unit employees are equally qualified with other bargaining unit employees or non-bargaining unit employees. Federal Employees Metal Trades Council of Charleston, 44 FLRA 683, Proposal 3 [NN]
9. Requiring the agency, when filling a position, to refer to the selecting official a list of best qualified candidates that contains only bargaining unit employees, and precluding the agency from referring additional candidates to the selecting official for 10 days after the initial list of bargaining unit employees is provided. United Power Trades Organization, 44 FLRA 1145, Proposal 12 [N]
10. Requiring the agency to give priority consideration to current unit employees who have applied for vacancies or indicated a desire to transfer to vacant unit positions.Laurel Bay Teachers Association, OEA/NEA, 49 FLRA 679, Proposal 3 [N, (b)(2)]

Probationary Period

1. Mandating a two–year probationary period for all permanent full–timers. New York State Nurses Association, 30 FLRA 706, Proposal 8 [N]
2. Mandating a two–year probationary period for all temporary full–timers. New York State Nurses Association, 30 FLRA 706, Proposal 8 [NN]

Professional Standards Board

1. Agency to provide employees with information about Professional Standards Board actions which affect them. Illinois Nurses Association, 28 FLRA 212, Proposal 2 (first sentence) [N]
2. Seeking to designate a particular individual with the agency who will discuss negative Professional Standards Board recommendations with the affected employee. Illinois Nurses Association, 28 FLRA 212, Proposal 2 (second sentence) [NN]
3. Chief nurse to discuss Professional Standards Board’s negative recommendation. National Union of Hospital and Health Care Employees, AFL–CIO, District 1199, 28 FLRA 435, Proposal 7, Section 5 (second sentence) [NN]
4. Nurses to be notified of actions taken by Standards board within 30 days. National Union of Hospital and Health Care Employees, AFL–CIO, District 1199, 28 FLRA 435 [N]
5. Granting an employee 45 days to respond to a negative recommendation before action is taken. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Proposal 4, Subsection C [N]
6. Employee and union representative will have access to all material the Professional Standards Board is using in its deliberations. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Proposal 4, Subsection C [NN]
7. Establishing a point in hiring process when it’s appropriate for a nurse to receive a copy of an NPSB report concerning the nurse. New York State Nurses Association, 30 FLRA 706, Proposal 6 (fifth sentence) [N]
8. National Professional Standards Board to consider employees for promotion and special advancements. New York State Nurses Association, 30 FLRA 706, Proposal 6, Third paragraph (second sentence) [NN]

Repromotion/Rehire

1. The agency, “except for good cause,” would repromote a repromotion eligible at the first opportunity. AFGE, AFL–CIO, Local 2782, 6 FLRA 314 [N]
2. Repromotion eligibles will be selected for the first available vacancies. AFGE, AFL–CIO, Local 2782, 7 FLRA 91 [NN]. Set aside in American Federation of Government Employees v. Federal Labor Relations Authority, 702 F.2d 1183 (D.C. Cir. 1983).
3. Management to select repromotion eligible in retention order as vacancies occur. AFGE, AFL–CIO, Local 1533, 8 FLRA 6 [NN]
4. Selection of a repromotion eligible unless there are “persuasive” reasons for passing the employee over. AFGE, AFL–CIO, Local 32, 8 FLRA 460, Proposal 6 [NN]. Reversed in American Federation of Government Employees v. Federal Labor Relations Authority, 728 F.2d 1526 (D.C. Cir. 1984).
5. Repromotion of employees who have been demoted as a result of a reduction in force. NFFE, Local 1497, 11 FLRA 565, Proposal 7 [NN]
6. Mandating the selection of former employees who have been separated through a reduction in force when consideration for any vacancy is expanded beyond internal placement. ACT, Montana Air Chapter, 20 FLRA 717, Proposal 6 [NN]
7. Agency to select for vacancies employees holding retained grade rights. AFGE, AFL–CIO, Local 2677, 21 FLRA 117 [NN]
8. Agency to repromote or hire an employee who has been demoted or removed in a reduction in force when a vacancy is being filled. NAGE, Local R14–87, 21 FLRA 313, Proposal 1 [N]
9. Agency to non–competitively return RIF employees to their former positions when the positions are vacated and are to be filled. NAGE, Local R14–87, 21 FLRA 380 [N]
10. Repromotion when the agency decides to fill a vacancy. AFSCME, Local 2830, AFL–CIO, 21 FLRA 1039 [NN]
11. Rehire terminated temporary employees based on their length of service with the agency. AFGE, AFL–CIO, Local 3186, 23 FLRA 230, Proposal 2 [NN]
12. Selecting official to give a repromotion eligible reasons for non-selection if the repromotion eligible appears on the best qualified list. AFSCME, Local 2027, 27 FLRA 191, Proposal 1 [N]
13. Repromotion eligibles will be selected by the agency for positions at higher grades, up to their former grades, by selecting them in preference to applicants from all sources except re–employment eligibles. AFGE, AFL–CIO, Local 32, 29 FLRA 380, Proposal 3 [NN]

Seniority

1. If the agency chooses not to use competitive procedures to select an individual for a temporary assignment to higher or same graded positions, it must select the individual on the basis of seniority. AFGE, AFL–CIO, 2 FLRA 604, Proposal III [N]
2. Employees who are downgraded as a result of the application of the Federal Evaluation Factor System to be given mandatory placement rights based on seniority. NAGE, Local R7–23, 3 FLRA 185 [NN]
3. Establishing seniority as a basis for noncompetitive assignment to vacancies employees whose positions have been targeted for downgrading or cancellation and which permit the employees to choose the position they want when more than one vacancy exists. AFGE, AFL–CIO, Council 214, 8 FLRA 425 [NN]
4. Agency to offer vacancies on the Monday through Friday shift to the most senior employee in the same job title, series and grade on any irregular shift. Laborer‘s International Union of North America, AFL–CIO–CLC, 14 FLRA 686, Proposal 1 (first sentence) [N]
5. Selection for temporary promotion to be made on the basis of seniority. Laborer’s International Union of North America, AFL–CIO–CLC, 14 FLRA 686, Proposal 6 [NN]
6. Agency to use seniority when it decides to fill a vacancy and re–promotes from among employees reduced in grade through no fault of their own. NAGE, Local R14–87, 21 FLRA 24, Provision 2 [N]
7. Granting credit for seniority in competitive promotion procedures. NTEU, 55 FLRA 1174, Provision 7 [NN, GWR]
8. Requiring the Agency to select employees on a rotating basis, in order of seniority, from a roster of employees qualified and created by the Agency to fill vacancies in specialized units. AFGE, Local 1164, 60 FLRA 785, Proposal 3 [N]

Temporary Promotion

1. Employees detailed to higher-graded positions to be given temporary promotions. NTEU, 2 FLRA 82, Provision II [N]
2. Unit employees temporarily assigned to the duties of a higher–graded position for five days or more to receive pay of the position. Methods and Standards Association, 2 FLRA 286 [N]
3. Employee to receive the pay of the higher–graded position to which he or she is temporarily assigned, regardless of whether the position is outside the unit. AFGE, AFL–CIO, 2 FLRA 604, Proposal XV [N]
4. Employee detailed to an encumbered, but temporarily vacant, higher grade position to receive the pay of the position. AFGE, AFL–CIO, 2 FLRA 604, Proposal XIV [N]
5. A qualified employee assigned to a supervisory or higher level non–supervisory position for two weeks to be temporarily promoted. Hawaii Federal Employees Metal Trades Council, AFL–CIO, 4 FLRA 15, Proposal II [N]
6. When a full performance level employee is promoted to a higher–graded position at a different facility, the employee will be promoted when entering on duty in the new position. Professional Air Traffic Controllers Organization, AFL–CIO, 4 FLRA 232, Proposal II [N]
7. Temporary promotion of an employee detailed to a higher–graded position for thirty days or more. AFGE, AFL–CIO, International Council of US Marshals Service Locals, 4 FLRA 384, Proposal II [N]
8. Prohibiting the use of rotating assignments for the purpose of avoiding temporary promotions. NTEU, 14 FLRA 243, Provision 2 [NN]
9. Agency to rotate non-competitive temporary promotions in 30 day increments to the extent practicable. AFGE, AFL–CIO, Mint Council 157, 19 FLRA 640, Provision 4 [NN]
10. Agency to retroactively effectuate a temporary promotion under certain circumstances if the Authority rules in favor of the union in two other cases. Bremerton Metal Trades Council, AFL–CIO, 19 FLRA 1023 [NN]
11. Employees detailed shall receive temporary promotions for any pay period where they spend 50% or more time on higher–grade work. NTEU, Chapter 22, 29 FLRA 348, Proposal 7 [N]
12. Agency to temporarily promote employees temporarily placed in a high grade position or assign to a group of duties warranting a higher grade. NFFE, 29 FLRA 1491, Provision 3 [NN]
13. When it is anticipated that a temporary promotion will extend over a protracted period of time, such temporary promotion will be rotated among available qualified employees every 90 days. AFGE, AFL–CIO, Council 214, 29 FLRA 1587, Provision 5
14. Temporary promotion (starting with 1st day) of employee detailed to higher grade. NFFE, Local 2052, 30 FLRA 797, Proposal 15 [N]
15. Details and temporary promotions of union officers and stewards to supervisory positions. NTEU, 46 FLRA 696, Provision 41 [NN]

Miscellaneous

1. Each installation to have an adequate number of over hires. AFGE, AFL–CIO, 2 FLRA 604, Proposal X, Subsection C [PN]
2. Waiving time–in–grade limitations and allow employees to bid on vacancies two grades higher than their present grade. PATCO, AFL–CIO, 4 FLRA 232, Proposal I [NN]
3. Establishing guidelines for the consideration of employees for lateral transfers. AFGE, AFL–CIO, International Council of US Marshals Service Locals, 4 FLRA 384, Proposal III [N]
4. Stating in general terms that procedures in the article will be used in promoting employees, filling vacancies and making work assignments. AFGE, AFL–CIO, Local 32, 8 FLRA 460, Proposal I [N]
5. Permitting the personnel office to seek the assistance of employees, management officials, and supervisors to assist in the preparation of the roster. NFFE, Local 1497, 11 FLRA 565, Proposal 3 [N]
6. Permitting the filling of temporary office positions by retired annuitant pilots. International Organization of Masters, Mates and Pilots, 13 FLRA 508, Proposal 23 [N]
7. Precluding the agency from requiring that an employee possess a particular military occupational specialty/Air Force specialty code in order to be considered for a specific position. NFFE, Local 1694, 14 FLRA 183 [N]
8. Employees who volunteer for the Active Guard Reserve Program will not have restoration rights to technician positions. ACT, 15 FLRA 330 [NN]
9. Use of individual oral interviews as part of the merit staffing evaluation process. AFGE, Local 12, AFL–CIO, 17 FLRA 550, Proposal 2 [N]
10. Agency to establish bridge positions. AFGE, Local 32, AFL–CIO, 19 FLRA 93, Proposal 4 [NN]
11. Agency to provide recruitment and retention to all employees. District No. 1, Pacific Coast District, Marine Engineer’s Beneficial Association, 26 FLRA 63 [N]
12. Grade–inversion policies to be equally enforced, so that bargaining unit members would not be discriminated against. NAGE, SEIU, AFL–CIO, 26 FLRA 515, Proposal 3 [NN]
13. Allowing employees to raise procedural questions when they believe that the supervisor is not following the agency’s rating process. Illinois Nurses’ Association, 28 FLRA 212, Proposal 2, Section 6 [N]
14. Agency makes every reasonable effort to maintain adequate staffing levels. National Union Hospital and Health Care Employees, AFL–CIO, District 1199, 28 FLRA 435, Proposal 1 [PN]
15. Concerning the general applicability and purpose of the promotion procedures. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Sections 1, 2, 4 and 6 [N]
16. Retroactive implementation of a reorganization. AFSCME Union, Local 2477, AFL–CIO, 30 FLRA 686 [NN]
17. Requiring the agency to continue, without modification, its practice of permitting employees to use a particular form when they apply for vacancies. AFGE, National Council of Social Security Administration Payment Center locals, Local 1760, 36 FLRA 466 [N]
18. Preventing the agency from requiring employees to use Federal Crop Insurance Corporation–465, the agency’s supplemental application form, in applying for vacant positions. NFFE, Local 858, 39 FLRA 976, Provision 4 [N]
19. Requiring the agency to submit certain forms contained in the agency’s Merit Promotion file to the union following the completion of the selection process. NFFE, Local 858, 42 FLRA 1169, Provision 2 [NN]
20. If the agency implements the Certification Program without a negotiated agreement over this proposal, (1) the agency will retroactively promote the employees who would have received the promotions under the union proposal and give them backpay with interest, and (2) the employees who received the promotions under anything but the negotiated conclusion of this proposal will have the promotions canceled and pay back the money retroactively. NFFE, Local 1482, 45 FLRA 52, Proposal 8 [NN]
21. Requiring management to retain all information related to the filling of GS–12 Senior Cartographer positions for 1 year and allowing the union to have access to that information to review and to copy. NFFE, Local 1482, 45 FLRA 52, Proposal 9 [N]
22. Prescribing how management will inform unit employees that GS–12 Senior Cartographer positions have been established and how employees may apply for those positions. NFFE, Local 1482, 45 FLRA 52, Proposal 1 [N]
23. Allowing the union to have an observer present at a performance based interview conducted to fill unit positions, even over a candidate's objection. AFGE, National VA Council 53, 58 FLRA 8 [NN, (a)(2)(c)]. Upheld in American Federation of Government Employees v. FLRA, No. 02-1311 (D.C. Cir. 2003).
24. Requiring the Agency to select employees on a rotating basis, in order of seniority, from a roster of employees qualified and created by the Agency to fill vacancies in specialized units. AFGE, Local 1164, 60 FLRA 785, Proposal 3 [N]
25. Agency will utilize the procedures agreed to by the parties to fill vacancies created by reassignment of employees into one of the specialized units. AFGE, Local 1164, 60 FLRA 785, Proposal 4 [N]