Article 19
Merit Promotion

Section 19.01

Personnel actions involving bargaining unit employees and bargaining unit positions which require competition will be taken using merit principles and the provisions of this article and applicable laws, regulations, and DOE orders.

Section 19.02

A. This article applies to the following personnel actions when they involve bargaining unit positions:

1. Permanent promotions, except for those listed in Section 19.02.B;

2. Temporary promotions in excess of thirty (30) calendar days and term promotions;

3. Reinstatement to positions of higher grade or one having greater known promotion potential than the last non-temporary position held except when the employee is being reinstated from the reemployment priority list;

4. Transfer to a higher graded position or to a position with greater known potential than the position currently held;

5. Reassignment or demotion to positions with known promotion potential greater than the employee's current position (except as required by reduction in force regulations);

6. Selection for training required to prepare an employee for promotion (i.e., when eligibility for promotion depends on whether the employee has completed training);

7. Selection for career ladder target positions; and

8. Details of more than thirty (30) consecutive calendar days to higher graded positions or positions with known promotion potential.

B. This article does not apply to the following personnel actions:

1. Re-promotion to the same or a lower grade than one from which an employee was demoted involuntarily and without personal cause. Acceptance of a downgrade in lieu of separation in a reduction in force and a demotion due to a classification error are not voluntary demotions;

2. A position change required by reduction in force regulations;

3. Selection of a candidate from the reemployment priority list even to a position at higher grade than the one held in the competitive service;

4. A promotion resulting from the upgrading of a position without significant change in duties and responsibilities due to issuance of a new classification standard or the correction of a classification error;

5. A career promotion when, at an earlier stage, the employee was selected from an OPM register or was selected under competitive promotion procedures for a position intended to prepare the employee for a full performance level position at a higher grade level. The opportunity for further promotion must be made a matter of record and the existence of career ladders must be documented;

6. A career promotion resulting from an employee's position being reclassified at a higher grade because of additional duties and responsibilities;

7. A position change from one position having known promotion potential to another position having no higher potential;

8. A temporary promotion of thirty (30) days or less;

9. A detail of thirty (30) days or less even if to higher graded position or a position with greater known promotion potential;

10. A conversion to permanent promotion or reassignment from temporary promotion or detail if:

a. the detail or temporary promotion was made initially according to competitive procedures; and

b. the fact that it might lead to a permanent promotion or reassignment was stated in the vacancy announcement.

11. A career ladder promotion following noncompetitive conversion of a Student Career Experience Program student in accordance with Federal regulations; and

12. Promotion of a candidate not given proper consideration in a previous competitive promotion action, and therefore entitled to priority consideration. This will be given one time to a position at the same grade level and with equivalent promotion potential to the position for which the employee was improperly considered.

Section 19.03

A. In its search for qualified applicants for bargaining unit positions, the initial area of consideration will be DOE Headquarters-wide (to include Headquarters employees duty stationed in the field) except in those circumstances described elsewhere in this section.

B. The initial area of consideration may be expanded beyond A, if a position with the same grade, series, major duties and basic qualifications was filled within the past 12 months and the promotion file indicates that the area of consideration was expanded and 3 or fewer bargaining unit employees were on the best qualified list. In this situation, prior to the vacancy being announced, the Employer will notify NTEU and share the prior vacancy announcement and best qualified list without names, but with bargaining unit status indicated.

C. For those positions where people in protected classes are under-represented, and the initial area of consideration is not likely to include candidates from the under-represented group(s), the area of search may be expanded as necessary for any given vacancy, in accordance with sections D and E below.

D. If necessary, the area of consideration will be expanded as follows:

1. Commuting area (status candidates only);

2. DOE nationwide;

3. Nationwide (status candidates only).

E. NTEU will consider waivers to initial areas of consideration with appropriate justification. Requests will be made to the Presidents of both NTEU chapters or their designee(s) via e:mail. Both NTEU chapters will respond within 2 working days. Non-response will be deemed a denial of the request.

F. Candidates identified through the process provided for in this section must receive first consideration.

Section 19.04

A. The Employer will post a vacancy announcement for all vacancies that must be filled in accordance with the procedures of this article. The announcement will be posted on appropriate bulletin boards and circulated through the work areas of bargaining unit employees for a minimum of ten (10) working days, and will remain open for this period. The Department will also post announcements via electronic media.

B. At a minimum, the vacancy announcement will contain:

1. announcement number;

2. opening and closing dates (if open, the announcement will so indicate);

3. position title, series, grade;

4. organization location and duty station;

5. known noncompetitive promotion potential;

6. area of consideration and whether applications will be accepted from outside the area of consideration;

7. principal duties, including the amount of travel;

8. qualification standards and any selective placement factors;

9. evaluation methods and ranking factors;

10. procedures for applying;

11. statement of equal employment opportunity; and

12. number of positions expected to be filled, or a statement may be added to the effect that if an additional position in the same grade, series, major duties and basic qualifications opens up within 90 days of the issuance of the original selection certificate, more than one selection may be made from that selection certificate.

C. One copy of each vacancy announcement will be provided to each NTEU Chapter president.

D. If a vacancy announcement is canceled and/or re-advertised, the reason for the cancellation and/or re-advertisement shall be noted on the selection certificate and/or made a part of the merit promotion file. Additionally, NTEU and all applicants for such a position will be notified of the cancellation/re-advertisement, and of the reason.

Section 19.05

A. Any candidate who wishes to be considered for an announced vacancy must personally apply by submitting an application. No automatic consideration will be granted. A separate application for each vacancy announcement must be received in the servicing personnel operations branch, or postmarked on or before the announcement's closing date. Should the agency develop an electronic receipt process for employment applications, the parties agree to re-visit the issue of receipt by postmark date.

B. DOE Headquarters employees on authorized leave, or temporarily absent for any other reason, who wish to be considered for vacancies during their absences may submit applications to the servicing personnel operations office prior to leaving, for each type of position and grade level for which consideration is desired. Absent DOE employees may also have other employees or supervisors submit applications for them at appropriate times.

Section 19.06

A. Candidates shall be screened against the appropriate qualifications standard, as prescribed in the OPM Qualifications Standards [formerly , X-118], and against any applicable selective placement factors. A selective placement factor is a knowledge, skill, or ability that is essential to the satisfactory performance of the position, which is not included in the OPM standard, and which cannot be acquired on the job within a reasonable period of time. In such cases, they will constitute a part of the minimum requirements of the position and the required narrative justification will be made available to NTEU upon request. The Employer will apply minimum qualification requirements in a fair and equitable manner. When the employees do not meet the minimum qualification requirements, the Employer will notify them of this as soon as possible.

B. The list of applicants meeting the minimum qualification requirements who must compete for the vacancy will be submitted to a ranking panel or a ranking official unless there are three (3) or fewer such applicants on the list.

Section 19.07

For vacancies covered by this article, candidates will submit their current performance appraisal.

Section 19.08

A ranking panel will be used in all promotion or placement actions covered by this article; however, for positions GS-7 and below, the Employer may use a ranking official. Panel members will be selected by the Employer. The panel will consist of at least three (3) members, two of whom should be specialists in the subject matter of the vacant position. A subject matter specialist must be at the same or a higher grade than the vacant position.

DOE will maintain an inventory of subject matter experts stationed at DOE Headquarters from which to draw members for the panel. Panel members generally will be drawn from outside the hiring organization unless the only appropriate subject matter experts are within the hiring organization.

Section 19.09

A. Ranking panels, or ranking officials, when used, will evaluate all job-related information available in the file. This information shall include the application or resume, Supervisory Appraisal of Potential (See Appendix C), current performance appraisal, and any other relevant documents submitted by the employee, including any awards they have received. This review will be done to determine the best qualified candidates.

B. The ranking panel or ranking official, when used, will evaluate eligible candidates by applying the criteria of the established ranking factors to the vacant position. These ranking factors are the knowledge, skills, abilities, and worker characteristics which, if possessed by a candidate, will indicate relative potential to perform the duties of the position. Normally, these factors will reflect those items identified as job elements in the performance plan for the announced vacancy. Each factor will be written in a separate and individual manner and described in three to five degrees. The point score for 5 degrees is as follows.

If the applicant is:

1. exceptionally knowledgeable and skillful and consistently superior in demonstrated performance - 4 points;

2. consistently satisfactory, frequently exceeding normal expectations in demonstrated experience or potentially satisfactory - 3 points;

3. barely acceptable in demonstrated knowledge and skills or potentially satisfactory - 2 points;

4. unacceptable in demonstrated knowledge and skills but potentially barely acceptable - 1 point; or

5. unacceptable even potentially - 0 points.

For more complete information on how to describe qualifications, candidates should see the guidance on how applications are ranked and rated in the Headquarters Merit Promotion Plan on the MA Home Page.

Ranking factors identified as most essential to the performance of the announced vacancy may be given more weight than others.

The developed factors and weights for that particular bargaining unit position will then be used to fill each succeeding vacancy in that position during the life of this agreement assuming the position description does not change and the factors and weights are accurate. Should the factors and weights change, NTEU will be promptly notified.

C. Each panel member will individually rate each candidate as to the candidate's ability to perform each ranking factor. Panel members' scores will then be added for each element and the element totals added for the total element score. These scores are then totaled for each candidate, rendering the candidate's total score.

Panel members will be given written instruction regarding the procedures for evaluating eligible candidates to determine best qualified, and will be informed that data generated during the panel process is subject to release to the Union at the request of an applicant in conjunction with a grievance, pursuant to 5 U.S.C. 7114(b)(4) and this agreement. Panel members will not be the selecting official or supervisor of the position that is the subject of the panel; they will not be a relative, by blood or marriage, of any candidate; they will not possess any knowledge of the applicants that would affect their ability to give a fair and objective appraisal; and they will not discuss panel deliberations outside of the panel room. It is acknowledged that the Headquarters servicing personnel office requires that panel members sign a verification of the above conditions.

D. Those five (5) employees with the five highest scores among all eligible candidates will be put on the best qualified list in alphabetical order and forwarded to the selecting official for selection consideration. Up to ten candidates may be identified if the point differential between those candidates is no more than two (2) points. If tie scores force the identification of more than ten (10) candidates, the total number will be reduced to ten on the basis of service computation date, with those employees with the least service being eliminated first.

Section 19.10

A. The selecting official will make a decision to select or not select within thirty (30) working days of receiving the best qualified list. Selection certificates automatically expire 30 calendar days after issuance. The selecting official may request an extension for an additional 30 calendar days. In unusual cases, a second 30-day extension for a maximum time limit of 90 days from the initial date of issuance may be approved by the servicing personnel office. Prior to any extension, NTEU will be provided notification of requests for such extensions, to include the justification for making the request.

B. The selecting official, in reaching a decision to select one of the candidates, will objectively review the merits of each candidate.

C. After a selection has been made, all applicants will be notified of their specific status in the ranking and the name of the selectee will be made available upon request.

Section 19.11

Normally, an employee who has been selected for a promotion will have the promotion become effective no later than one complete pay period following the selection or the date the position is vacated if the selection was made in advance of the position being available. Positions will not be canceled or readvertised after an employee has been offered a position absent some factor beyond the Employer's control, e.g., a Congressional budget decision. Upon request, the factor and any supporting documentation will be shared with NTEU.

Section 19.12

Employees identified by the Employer as ineligible for a vacancy are entitled to career guidance from the servicing personnel operations office upon request. This guidance will contain, at a minimum, a description of the minimum qualification requirements for the positions which the employee desires and a discussion of the employee's qualifications as they relate to higher level positions the employee could reasonably be expected to fill within the next year. Furthermore, upon written request to the servicing personnel operations office, an employee applicant will be provided the following information about a position announced under this article if the employee had applied in a timely manner:

A. whether legally eligible and, if not, the specific reasons why not;

B the name of the selectee; and

C. whether he/she was among the group referred to the selecting official.

Applicants may review the Supervisory Appraisal of Potential and Performance Appraisal relied upon in the selection process.

Employees are encouraged to discuss their immediate and long range goals with their immediate supervisors. Supervisors will identify areas in which employees should improve in order to increase their chances for promotion.

Section 19.13

A. Employees may be entitled to retroactive pay in connection with improper personnel actions in accordance with applicable laws and government-wide regulations.

B. If, as the result of a grievance being filed under this agreement, either the parties agree or an arbitrator decides that an employee was not awarded proper consideration in a previous competitive action, then corrective action will be taken in accordance with the following principles:

1. If the employee was erroneously omitted from the best qualified list, the employee will receive priority consideration for the next appropriate vacancy for which the employee is qualified. An appropriate vacancy is one at the same grade level, in the same area of consideration, and which has comparable promotion opportunities as the position for which the employee received improper consideration. Priority consideration involves, in addition to the above, the submission of the employee's name alone on a certificate before the selecting official reviews the qualifications of all other competitive candidates.

2. In the event that two or more employees are entitled to priority consideration for the same vacancy, the names of all such employees shall be submitted on a single promotion certificate to the selecting official.

C. As stated in Section 19.02.B.1, employees who are demoted involuntarily and without personal cause, either because of a reduction in force or a reclassification, may be re-promoted non-competitively. In addition, they will be given priority consideration for positions for which they are qualified under the same procedures set forth in Section 19.13.B above for employees not given proper consideration in a previous competitive action.

Section 19.14

Prior to the date an employee in a position with noncompetitive promotion potential to the full performance level is eligible for promotion to a higher grade level, the employee's performance will be reviewed by the supervisor to determine whether the employee has demonstrated the potential to perform at the next higher grade level. Employees certified as capable of satisfactorily performing at the next higher grade level will be promoted effective the first pay period after having met the minimum time-in-grade requirements, if there is higher-graded-work to be performed.

Section 19.15

If an employee is promoted and subsequently within a year is demoted for inability to perform at a higher level, the Employer agrees to make reasonable efforts to return the employee to the same position from which promoted or a like position as soon as is practicable.

Section 19.16

An employee's accumulation or balance of annual or sick leave may not be considered by a promotion panel or selecting official as the basis of selection or non-selection, except insofar as continued use of sick leave may reasonably be expected to have an effect on the employee's ability to perform the job filled.

Section 19.17

The Employer will maintain promotion and selection files for two (2) years in accordance with DOE Order 3335.1C and Office of Personnel Management regulations.

Section 19.18

In the processing of grievances related to actions taken under the terms of this article, the grieving employee or the area steward will, upon request, be furnished sanitized copies of any pertinent evaluative material used by the ranking panel, immediate supervisor, or selecting official in assessing the qualifications of the eligible candidates in regard to a grieved promotion action.

Section 19.19

Prior to selection for promotion, an employee's security clearance will not be a factor in determining the employee's eligibility for promotion unless there is good reason to believe that the clearance will not be granted or there would be too great a delay in processing the clearance.