Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 24 Promotions
SECTION 24.01 The parties recognize that the purpose of the merit promotion program is to assure selection from among the best qualified persons available to fill vacancies on the basis of merit, fitness, and qualifications and without regard to race, color, religion, national origin, marital status, sex, age, non-disqualifying physical disabilities, union affiliation, personal favoritism or political affiliations. Discrimination based on sexual orientation is a prohibited personnel practice. The merit promotion program does not guarantee promotion but is intended to assure that all employees receive fair and equitable consideration for promotional opportunities.
SECTION 24.02 Competitive placement actions concerning Bargaining Unit positions shall be processed in accordance with the NASA Competitive Placement Plan (CPP), NASA Handbook (NHB 3335.1C) as supplemented by the following procedures:
a. Vacancy announcements for positions within the Units will continue to be posted in buildings on bulletin boards for a minimum of nine (9) workdays. When the area of consideration is expanded beyond the Center, the announcement will remain open for a minimum of eleven (11) workdays.
b. The evaluation factor(s) will be determined in advance of the vacancy announcement by the selecting official, subject to approval by the Director of Human Resources or his/her designee to assure compatibility with the current position description, and shall be listed in the announcement.
c. The minimum area of consideration for positions within the Units will be at least Centerwide. For all advertised positions in the Bargaining Units, a first Certificate of Eligibles will be provided to the selecting official that includes only Goddard employees who were among the best qualified applicants. After considering applicants on the first Certificate of Eligibles and upon request of the selecting official, a second Certificate of Eligibles which includes all best qualified applicants within the advertised area of consideration will be provided.
d. Evaluation panels may be used in accordance with the provisions of the CPP to evaluate candidates for Unit positions with projected promotion potential to the GS-14 or GS-15 level.
e. It is agreed that deliberations of the evaluation panel involve the review of files and documents which are confidential in nature and subject to the Privacy Act. Panel members may not discuss the deliberations or information contained in files and documents outside the panel meetings unless such matters are appropriate for discussion with Center Management officials involved with the specific vacancy.
f. When interviews are held, the selecting official shall give all the candidates who are on the Certificate of Eligibles the opportunity for an interview before final selection is made. When interviews are held and where travel costs would be involved, a telephone interview may be arranged. Exceptions to these requirements may be made where applicants are unavailable due to absence on extended travel or leave and where they cannot be reached by phone.
g. Evaluation of each candidate for promotion shall be based only on material submitted by the employee to include the Standard Form 171 or Optional Form 612. In addition to the basic application form, applicants should submit their most recent performance rating of record. Employees will be responsible for submitting both the application and required supplemental documentation by the closing date of the announcement.
h. It is agreed that Management will advise the Union when a Management referral, as described in NHB 3335.1C, Chapter 2, Section 207.3, is being considered for a vacancy.
SECTION 24.03 Management agrees to meet and confer with GESTA in accordance with Article 6 of this Agreement concerning changes in local policies and procedures for implementing changes in the CPP.
SECTION 24.04 Employees within the Units who have been demoted within NASA without personal cause shall be given special consideration for repromotion as provided in the CPP and applicable regulations. Although not guaranteed repromotion, such employees should be repromoted when a vacancy occurs at their former grade (or any intervening grade) for which it can be demonstrated that they are well qualified. As a minimum, the selecting official shall review the repromotion eligible's Official Personnel Folder (OPF). Consideration of employees entitled to special consideration for repromotion must precede efforts to fill any vacancy by the CPP except when another employee has a statutory or regulatory right to be placed in or considered for the position. If a selecting official considers an employee entitled to special consideration under this paragraph but decides not to select the employee for promotion and then the employee is certified to the official on the Certificate of Eligibles and is not selected, the selecting official must state for the record his/her reason(s) for the non-selection. Upon request, the reason(s) for non-selection will be provided in writing to the employee.
The names of employees entitled to special consideration for repromotion will be maintained in the Office of Human Resources (OHR).
SECTION 24.05 Employees entitled to consideration for repromotion under the provisions of Section 24.04 of this Article shall be advised in writing by the OHCM of any merit promotion announcements for positions for which they qualify for special consideration ten (10) days, but no later than three (3) days, prior to closing the position to merit promotion or other selection processes. Repromotion eligibles who are going on leave or temporary duty away from the Center for more than ten (10) days may arrange with the OHCM to be included as a candidate for any merit promotion competition for which they qualify while absent by specifying in writing what types of positions they wish to be considered for and the length of their absence. This can be done by submitting a written request to the OHCM.
SECTION 24.06 GESTA shall be furnished a copy of all Center vacancy announcements prior to posting.
SECTION 24.07 Employees who compete for competitive placement opportunities shall be provided the following information in writing by the OHCM:
a. the name of the individual selected;
b. whether the employee was found to be qualified on the basis of minimum standards;
c. whether the employee's name was on the list of candidates from which selection was made; and
d. upon request, the employee's individual score and the score needed to be on the best qualified list. Further, upon request, the unsuccessful candidates shall be advised in what areas, if any, they should improve to increase their chances for future promotions.
SECTION 24.08 Promotion actions are not appealable to the Office of Personnel Management (OPM). However, OPM may investigate, in accordance with its regulations, an employee allegation that Management has not handled a complaint in accordance with the established procedures or that a basic requirement of the CPP has been violated. If an employee concern cannot be resolved on an informal basis and the employee submits a formal complaint alleging a violation of the CPP or this Article, the complaint will be processed under the Negotiated Grievance Procedure (Article 16) of this Agreement. Non-selection from among a group of properly ranked and certified candidates shall not be accepted as the basis for a formal complaint or grievance. Employees may be represented or assisted by GESTA in any formal complaint or grievance concerning a merit promotion action.
SECTION 24.09 A career promotion is a promotion of an employee without current competition. When an employee's position is reconstituted at a higher grade because of additional duties and responsibilities, the employee may be eligible for a career promotion. All career promotions shall be consistent with the basic requirements established by OPM. Performance of work at the higher grade is not a prerequisite factor in determining career promotions.
Career promotions shall be awarded in a fair and equitable manner. Selection for a career promotion shall not be arbitrary or capricious.
SECTION 24.10 Upon request to the OHCM or to their supervisor, an employee shall be provided information as to the projected promotion potential of his/her present job. Other information as to the projected promotion opportunities and career counseling services shall also be provided at the request of the employee.
SECTION 24.11 Special consideration for a repromotion eligible shall continue for a four (4) year period unless the employee declines a reasonable offer of a position as defined in 5 Code of Federal Regulations, Section 536.206.
SECTION 24.12 In accordance with NHB 3335.1C, Chapter 2, Section 202.2 dated February 1, 1993, an employee who was not afforded proper consideration due to a procedural error in a previous competitive placement action must be given priority consideration for the next appropriate (i.e., similar) vacancy for which the employee meets minimum qualifications to be filled under the CPP. Priority consideration means that the employee will receive consideration before other candidates. The selecting official will, at a minimum, review the employee's OPF or other information provided by the employee. If the employee is not selected he/she will be given written reasons for non-selection upon request.
SECTION 24.13 Copies of the Agency-wide competitive announcements received by Management will be available in the OHCM.
SECTION 24.14 The provisions of this Article apply solely to positions within the Bargaining Units. (See also Article 43, Section 43.04.)
SECTION 24.15 Management agrees to provide GESTA with vacancy announcements currently open for competition under the revised CPP (i.e., NHB 3335.1C) and results of canceled and closed announcements. At any time upon specific GESTA request, GESTA will be informed as to what plans have been made for filling a previously announced vacancy. When a previously announced vacancy has not been filled, Management will inform all position applicants and GESTA, upon request, of the reason(s) for the decision not to fill the vacancy and whether a decision has been made to fill the vacancy in the future.
SECTION 24.16 Upon an employee's request, the employee's supervisor will identify in writing to the employee specific objectives, tasks, training, or other requirements necessary for consideration for promotion up to the full performance level of his/her position.
