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Equal Employment Opportunity

Affirmative Action  |  Bridge Positions  |  Counselors  |  Goals
Handicapped Employees  |  Requirement to Develop Plans  |  Pools  |  Representation
 |  Training  |  Miscellaneous


Affirmative Action

  1. Agency to fill certain percentages of vacancies as upward mobility positions. NTEU, 2 FLRA 281 [NN]
  2. Agency to announce certain percentages of the total available vacancies in each appointing office as upward mobility positions. NTEU, 2 FLRA 281, first sentence [N]
  3. Negotiations determine the number and types of vacancies to be reserved for filling through the upward mobility program each year. AFGE, AFL–CIO, Local 32, 8 FLRA 460, Proposal IV [NN]
  4. A certain percentage of eligible employees will be involved in the upward mobility program at anyone time. AFGE, AFL–CIO, Council of Prison Locals, 11 FLRA 286, Provision 1 [NN]
  5. Permitting career or permanent technicians to train, at the first available opportunity, for future vacancies in the Upward Mobility Program. Association of Civilian Technicians, New York State Council, 11 FLRA 475, Proposal 3 [N]
  6. A minimum of 15 employees under an affirmative action program will be detailed to positions involving managerial duties. AFSCME, AFL–CIO, Locals 2477 and 2910, 12 FLRA 316 [NN]
  7. Agency to fill four vacancies as upward mobility positions. AFGE, AFL–CIO, Local 12, 17 FLRA 674, Proposal 1d [NN]
  8. Prohibiting the agency from selecting for positions where Equal Employment Opportunity covered groups are under represented any lesser ranked candidates from outside the under–represented group, provided members of the under represented group apply and are qualified. AFGE, AFL–CIO, Local 32, 17 FLRA 790, Proposal 5 [NN]
  9. Agency to assure that applicants for employment understand the Equal Employment Opportunity program. AFGE, AFL–CIO, Local 2761, 17 FLRA 899, Proposal 9 [NN]
  10. The policies and procedures prescribed in the agency regulations concerning upward mobility would be followed. NFFE, 29 FLRA 1491, Provisions 4 and 7 [N]
  11. Parties agree that no discrimination will be tolerated on the basis of sexual preference and/or orientation. AFGE, AFL–CIO, National Council of HUD Locals, 39 FLRA 396, Provision 2 [N]. Upheld in Housing and Urban Development v. Federal Labor Relations Authority, 964 F.2d 1 (D.C. Cir. 1992).
  12. Requiring the agency to provide equal employment opportunities and treatment to all prospective employees. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 1 [N]
  13. Managers, supervisors and personnelists will be held accountable for successful implementation of the agency’s affirmative employment program. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 2 [NN]
  14. Requiring the agency to identify and describe the duties of officials responsible for the implementation of the Equal Employment Opportunity and Affirmative Employment Programs. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposals 3 and 4 [N]
  15. Requiring the agency to review technical positions. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 19, Part 4 [N]
  16. Requiring management to waive qualification requirements for certain positions for individuals from certain under represented groups. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 31, Part 2 [NN]
  17. Providing for the development of a joint labor-management plan to attempt to resolve inequities in the distribution of employees by race, sex, and age in divisions or units. NTEU, Chapter 243, 49 FLRA 176, Provision 3 [N, (b)(2)]

Bridge Positions

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  1. Requiring the agency to use ”tools“, such as bridge positions, to achieve a fair distribution of women and minorities in all job series and all grade levels. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 13 [N]
  2. Providing for the continued development of transitional or bridge positions. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 15 [N]
  3. Requiring the agency to advise its offices that professional and administrative entry–level positions are bridge positions. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 21[NN]
  4. The agency will identify each bridge position as a bridge position when the position is posted. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 26 [N]
  5. Requiring the agency to assure that bridge positions will be used to fill certain positions. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 27 [N]

Counselors

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  1. Agency to select some of its Equal Employment Opportunity Counselors from a list furnished by the union. AFGE, AFL–CIO, 2 FLRA 604, Proposal XI [NN]
  2. Agency to appoint and train an Equal Employment Opportunity counselor nominated by the union. AFGE, AFL–CIO, Local 1692, 8 FLRA 194, Proposal 1 [NN]
  3. Agency to allocate necessary resources including Equal Employment Opportunity counselors to effectively administer the Equal Employment Opportunity program and to establish criteria for staffing. AFGE, AFL–CIO, Local 2761, 17 FLRA 899, Proposals 1 and 3 [N]
  4. Agency to select two Equal Employment Opportunity Counselors from among ten candidates recommended by the union. AFGE, AFL–CIO, Local 2094, 22 FLRA 710, Proposal 1 [NN]
  5. Recognizing that an employee who is a union officer or steward cannot function both as an Equal Employment Opportunity Counselor and as an employee representative in discrimination complaint proceedings because doing so would create an actual or apparent conflict of interest. IFPTE, AFL–CIO, Local 3, 25 FLRA 714, Provision 6 [N]
  6. Requiring that Equal Employment Opportunity counselors be selected from a list of nominees prepared by the Equal Employment Opportunity Advisory Committee. NTEU, 39 FLRA 27, Provision 20 [NN]
  7. Requiring management to select the union's nominee for Equal Employment Opportunity Counselor. AFGE, AFL–CIO, Local 1815, 53 FLRA 606, Provision 4 [NN, (a)(2)(c)]

Goals

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  1. Setting Federal Equal Opportunity Recruitment Program goals based on the percentage that the minority group constitutes in the local or national population. AFGE, AFL–CIO, Local 2578, 3 FLRA 604 [N]
  2. Requiring the agency to:  (1) increase the number of employees in the administrative series from a specific under represented group by five per year; and (2) increase the number of employees in the clerical series from a specific under represented group by three per year. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 17 [NN]
  3. Requiring the agency to fill 13 General Schedule (GS) 13 to 15 positions annually with internal recruits from a specific group of under represented employees. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 18 [NN]
  4. Requiring that:  (1) whenever possible, 50 percent of all vacancies will be filled from internal pools of individuals from under represented groups; and (2) 65 positions will be filled with 60 percent of the selectees from under represented groups. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 28 [NN]
  5. Requiring management to establish a targeted percentage of certain under represented groups for projected outside hires. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 31, Part 3 [N] to the extent that the positions involved are unit positions.

Handicapped Employees

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  1. Requiring management to take certain actions to accommodate physically disabled employees. IFPTE, AFL–CIO, Local 4, 35 FLRA 31, Provision 2 [N]
  2. Requiring the agency to:  (1) eliminate undue delay in considering the requests of employees with handicapping conditions for reasonable accommodations; and (2) consider requests for reasonable accommodations as exceptions to general budgetary constraints. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 32 [N]

Requirement to Develop Plans

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  1. Establishing comprehensive Equal Employment Opportunity programs at the command and installation levels that establish guidelines for the development of affirmative action plans. AFGE, AFL–CIO, 2 FLRA 604, Proposals VIII and IX [N]
  2. Requiring the Personnel Director to certify in writing that the qualifications of officials responsible for implementing the Equal Employment Opportunity program have been reviewed and meet appropriate standards. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 5 [NN]

Pools

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  1. The agency will fully utilize internal applicant pools as defined. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 20 [NN]
  2. Requiring the agency to return selectees from internal pools who fail to reach satisfactory performance to their prior positions or to comparable positions. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 24 [NN]
  3. Requiring the agency to give first consideration for certain positions to individuals from identified pools. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 25 [N]

Representation

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  1. Providing for union representation on selection panels for upward mobility and merit promotion. NFFE, Local 1001, 15 FLRA 804, Provisions 2 and 3 [NN]
  2. Union may have an observer at discrimination complaint hearings unless the complainant objects on privacy grounds. AFGE, AFL–CIO, Local 2182, 26 FLRA 600, Provision 1 [N]
  3. Employee shall have the right to be accomplished and represented by a representative of his/her own choosing at any stage of the Equal Employment Opportunity complaint process. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 27 FLRA 467, Provisions 2 and 7 [N]
  4. Allowing the union representation at all discussions concerning an Equal Employment Opportunity complaint between the agency and the employee. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 1, Section 8 [N
  5. ]
  6. Requiring the appointment of an Equal Employment Opportunity Committee and the appointment of a union representative to the committee from a list of three bargaining unit employees nominated by the union. NFFE, Local 1256, 29 FLRA 171, Provision 1 [N]
  7. Authorizing union representation at any formal discussion, hearings or investigations concerning an Equal Employment Opportunity matter once an Equal Employment Opportunity complaint has been filed. NFFE, 29 FLRA 1491, Provision 5 [N]
  8. Acknowledging that the union may represent employees and file complaints under Equal Employment Opportunity procedures. NFFE, Local 405 42 FLRA 1112, Proposal 27 [N]
  9. Requiring the agency, or the agency and the union jointly, to conduct studies and prepare reports concerning the operation and implementation of the Agency’s AEP. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposals 7, 8 and 16 [N]
  10. Requiring the agency to:  (1) meet with the union semiannually to review and discuss the implementation of the agency's affirmative action plan; and (2) provide knowledgeable personnel to facilitate the discussion. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 9 [N]
  11. Requiring the agency and the union to review all requests for personnel actions targeted by the Agency’s AEP. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 10 [N]
  12. Requiring:  (1) a joint agency and union analysis of the composition of the workforce and an evaluation of the personnel system; (2) an agency study of how its selection procedures are implemented; and (3) the agency to remedy barriers to affirmative employment by modifying and eliminating qualification procedures. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 12 [N]

Training

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  1. The agency shall conduct a training session on sexual harassment each year for union representatives. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 6 [N]
  2. The agency shall conduct a training session on sexual harassment each year for Equal Employment Opportunity counselors. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 6 [NN]
  3. Requiring the agency to waive certain qualification requirements “where appropriate” and to satisfy the requirement with training. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 19, Part 5 [N]
  4. Requiring the agency to provide training to help certain employees reach the journeyman level. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 22 [N]
  5. Requiring the agency to provide the following reasonable accommodations to qualified employees with handicapping conditions during training:  (1) modified training and reference materials; (2) a qualified interpreter for hearing-impaired trainees; and (3) a mentor to provide individualized training. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 34 [N]

Miscellaneous

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  1. Prohibiting discrimination on the basis of conduct which does not adversely affect performance. AFGE, AFL–CIO, Local 1858, 10 FLRA 440, Proposal 1 [N]
  2. Requiring equal employment opportunity for the work force at all levels. AFGE, AFL–CIO, Local 2263, 15 FLRA 580, Proposal 2 [N]
  3. Requiring the agency to designate trained appointees as Federal Women’s Program members and Hispanic Program coordinators. AFGE, AFL–CIO, Local 1770, 17 FLRA 752, Proposals 1 and 2 [NN]
  4. Requiring locally–acquired family members to be considered as dependents without discrimination. Overseas Education Association, 27 FLRA 492, Proposal 28, Section 2 [N]
  5. Referencing only an appeal to Merit Systems Protection Board of an arbitrator’s final decision involving discrimination. AFGE, AFL–CIO, Local 1458, 29 FLRA 3, Provision 14 [NN]
  6. Equal employment opportunity orientation seminars. NFFE, Local 1430, 39 FLRA 581, Proposal 3 [N]
  7. Establishing various procedures for filing an Equal Employment Opportunity complaint. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 30 [N]
  8. Requiring the union and the agency to agree to waive contractual and other obligations to facilitate the inclusion of minorities on Best Qualified Lists. AFGE, AFL–CIO, Local 1923, 44 FLRA 1405, Proposal 29 [N, only as it applies to a waiver of contractual obligations]

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