[Federal Register: March 31, 1999 (Volume 64, Number 61)] [Rules and Regulations] [Page 15285-15286] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr31mr99-1] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== [[Page 15285]] ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 316 RIN 3206-A145 Temporary and Term Employment AGENCY: Office of Personnel Management. ACTION: Final regulation. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) is issuing final regulations to allow for the possibility for promotion of employees appointed as Worker-Trainees under TAPER appointments through grade GS- 4, WG-5, or equivalent grades in the Federal Wage System. EFFECTIVE DATE: April 30, 1999. FOR FURTHER INFORMATION CONTACT: Diane Tyrrell on 202-606-0830, FAX 202-606-2329, or TDD 202-606-0023. SUPPLEMENTARY INFORMATION: On November 18, 1998, [63 FR 64008] OPM published proposed regulations and received comments from six Federal agency headquarters, six agency components, one employee organization, and one individual. Following is a summary of the regulatory provision and the relevant comments. Providing Added Advancement Opportunity for Individuals Hired as Worker-Trainees Under the TAPER (Temporary Appointment Pending the Establishment of a Register) Authority We proposed to raise the maximum grade level for promotion to the GS-4, WG-5, or equivalent in the Federal Wage System, for employees who are serving as Worker-Trainees under the TAPER authority. In response to this proposal, one agency component suggested that the opportunity for advancement be increased to the GS-5 level, and one agency headquarters suggested that there be no limitation on the grade level to which these employees may be promoted. These possibilities were considered during the development of the proposed regulatory change. Because these are trainee positions requiring minimal or limited skills, it would be inappropriate to permit promotions beyond the GS-4 and WG-5, or equivalent, as those levels do not reflect trainee level work. We have, therefore, not adopted these suggestions. One agency component suggested that this regulatory provision be amended to permit initial appointments under the program be made up to the GS-3, and WG-4, or equivalent level in the Federal Wage System. This suggestion is not consistent with the intent of the Worker-Trainee program. This program is designed to provide a simple process to allow individuals with limited skills the opportunity to qualify and apply for positions in the Federal government. Those individuals who do possess skills which qualify them for higher level positions should be recruited using traditional competitive recruitment methods. We have not adopted this suggestion. One agency requested that the regulatory change include a ``grandfather clause'' to enable those employees who are already employed under this program to be covered by this change. All employees serving as Worker-Trainees under the TAPER authority will be subject to the changes that are implemented in the final regulation. A grandfather clause is, therefore, unnecessary since all employees employed under the program would receive coverage under the regulatory change. One agency component suggested modification of the Student Temporary Employment Program Authority which the agency has used in appointing welfare recipients under the President's Welfare to Work initiative. This request is outside the scope of this proposal. One employee organization and one individual commenter expressed similar concerns about providing added advantage to those hired under the worker-trainee program as opposed to other employees who have not been afforded the same benefits. Their specific concern was with regard to the recruitment method and the perception that unfair advantage had been given to those hired under this program while involuntarily separated federal employees had not been given the same priority in hiring. These commenters also stated that they believe agencies created positions to be filled under this initiative and that the result of this regulation will be to provide additional advantage in the promotion process. They believe these program aspects provide added benefits that other employees do not have. In addressing these concerns, we would like to point out that recruitment for positions under the welfare to work initiative has been accomplished through typical recruitment methods. Federal regulations require the application of displaced employment program procedures as well as veterans preference in the recruitment process, thus providing the opportunity for involuntarily separated federal employees and veterans to receive the same priority and preference in the hiring process as they do for any other position. Positions filled under the worker- trainee program are primarily the result of reengineering existing positions, rather than creating new ones, thus allowing recruitment at lower levels in order to provide experience and training which will help to prepare these employees to perform the higher level duties and to qualify for consideration for promotion. This is the same process that is used when hiring employees into most entry level clerical and trainee positions which have promotion potential to higher grade levels and, therefore, subjects them to the same promotion process. The additional concerns that were raised by these commenters regarding the receipt by worker-trainees of benefits from outside sources and the benefits entitlements of employees under temporary versus TAPER appointments are outside the scope of this proposal. After considering all of the comments, we believe our original proposal represents a reasonable compromise. Therefore, the final regulation will allow promotion of Worker-Trainees under the TAPER authority to be made up to the GS-4, WG-5 or equivalent level in the Federal Wage System. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities [[Page 15286]] because the regulation pertains only to Federal employees and agencies. List of Subjects in 5 CFR Part 316 Government employees. Office of Personnel Management. Janice R. Lachance, Director. Accordingly, OPM is amending part 316 of title 5, Code of Federal Regulations, as follows: PART 316--TEMPORARY AND TERM EMPLOYMENT 1. The authority citation for part 316 continues to read as follows: Authority: 5 U.S.C. 3301, 3302: E.O. 10577, (3 CFR 1954-1958 Comp. Page 218). 2. Section 316.201 paragraph (b) is revised to read as follows: Sec. 316.201 Purpose and duration. * * * * * (b) Specific authority for Worker-Trainee positions. Agencies may make TAPER appointments to positions at GS-1, WG-1, and WG-2 and may reassign or promote the appointees to other positions through grade GS- 4, WG-5, or equivalent grades in the Federal Wage System consistent with Sec. 330.501 of this chapter. Agencies are authorized to reassign or promote worker-trainees under this authority. [FR Doc. 99-7789 Filed 3-30-99; 8:45 am] BILLING CODE 6325-01-P