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. Management to first consider and exhaust minimum area of consideration before expanding search or making selections from other appropriate sources. AFGE, AFL–CIO, Local 331, 2 FLRA 428 [N]
2. Defining the initial area of consideration and establishing a procedure for expanding it. ACT, Delaware Chapter, 3 FLRA 57 [N]
3. Prohibiting management from extending the area of consideration if it yields five qualified candidates. The National Council of CSA Locals, AFGE, AFL–CIO, 3 FLRA 84 [NN]
4. Limiting the consideration of outside applicants to instances where there are fewer than 3 minimally qualified internal candidates and when a Qualification Screening Committee determines that there are non–qualified candidates among the applicants. NFFE, Local 1451, 3 FLRA 392 [NN]
5. Defining the initial area of consideration for vacant excepted service positions under the agency merit placement plan and for the expansion of the area of consideration. ACT, Pennsylvania State Council, 4 FLRA 77 [N]
6. Preventing the agency from expanding the area of consideration if it yields a single highly qualified, available candidate. NFFE, Local 1332, 6 FLRA 361, Proposal 3 [NN]
7. Barring the expansion of the initial area of consideration if it yields 3 or more highly qualified employees. AFGE, AFL–CIO, Local 2494, 7 FLRA 590 [NN]
8. Barring acceptance of applications for upward mobility positions from outside the area of consideration. NTEU, 7 FLRA 727, Proposal 5 [NN]
9. Preventing an agency from expanding the area of consideration or making a selection from any other appropriate source if three “highly qualified” candidates are identified under the negotiated merit promotion procedure. AFGE, Local 2823, 8 FLRA 422 [NN]
10. Preventing expansion of the minimum area of consideration for promotion and placement actions where agency finds that the minimum area yields 3–5 highly qualified candidates. NFFE, Local 15, 11 FLRA 172 [NN]
11. Barring solicitation and consideration of non–agency candidates if there are more than 3 qualified in-house candidates. AFSCME, AFL–CIO, Local 2027, 12 FLRA 643, Proposal 3 [NN]
12. Precluding management from extending the area of consideration for promotion where three or more candidates within the area are rated highly qualified. AFGE, AFL–CIO, Local 2263, 15 FLRA 580, Proposal 1 [NN]
13. Prohibiting the agency from expanding the area of consideration or seeking applicants from other sources as long as there are local qualified applicants. NAGE, Local R7–23, SEIU, AFL-CIO, 16 FLRA 367 [NN]
14. Agency to consider technicians for promotions in non-mobilization units without regard to compatibility requirements. NAGE, 17 FLRA 546 [NN]
15. Agency to consider bargaining unit employees for promotion before considering employees from other sources. NFFE, Local 29, 23 FLRA 569, Proposal 1 [N]
16. Agency to rate and rank bargaining unit applicants before expanding the area of consideration. NFFE, Local 29, 23 FLRA 569, Proposal 1 [N]
17. Delaying for 90 days management's exercise of its right to select an employee from any appropriate source. CREA, 25 FLRA 306, Proposal 10 [N]
18. Prescribing the source from which the agency could choose its year round employees. Metal Trades Council, AFL–CIO, Charleston, 29 FLRA 1422, Proposal 2 [NN]
19. Precluding the agency from expanding the area of consideration for particular vacancies in the bargaining unit until certain specified prerequisites were met. Metal Trades Council, AFL–CIO, Charleston, 29 FLRA 1422, Proposal 3 [NN]
20. Allowing the area of consideration to be expanded only if the minimum area of consideration fails to produce one highly qualified candidate. Metal Trades Council, AFL-CIO, Tidewater Virginia, 31 FLRA 131, Provision 3 [NN]
21. Management to select a bargaining unit applicant from the certificate unless it could explain how the selection would compromise the accomplishment of the agency’s mission. AFGE, Local 3296, 33 FLRA 99, Provision 7 [NN]
22. The area of consideration for promotion vacancies include all activities located at the Cherry Point Marine Corps Air Station. IAM, Local 2297, 38 FLRA 1451, Proposal 1 [N]. Reversed and remanded in IAM, Local 2297, 952 F.2d 1434 (D.C. Cir. 1992). On remand, Cherry Point Naval Aviation Depot, 45 FLRA 1154 [NN]
23. Precluding consideration of military spouse applicants until after bargaining unit applicants have been considered for selection to a vacant position. AFGE, Local 2429, 38 FLRA 1469 [NN]

Career Ladder Positions

1. Promotion of employees in a career ladder when they meet qualification standards and demonstrate the ability to perform at the higher grade. AFGE, AFL–CIO, Local 32, 8 FLRA 460, Proposal III [N]
2. Establishing a specified level of performance as prima facie evidence of good performance for the purpose of making career ladder promotion decisions. NTEU and NTEU Chapter 72, 11 FLRA 271, Proposal 2 [N]
3. Agency to redesign jobs in order to create career paths with non-competitive promotions for employees in dead end jobs. AFGE, AFL–CIO, Local 32, 17 FLRA 790, Proposal 4 [NN]
4. Agency to annually promote employees downgraded to career ladder positions provided their performance remains satisfactory until they reach their original grades. AFSCME, Local 2830, AFL–CIO, 21 FLRA 1039, Proposal 1 (second sentence) [NN]
5. Agency to create career–ladder positions. CREA, 25 FLRA 306, Proposal 11 [NN]
6. Employees who meet time–in–grade requirements shall periodically be considered for promotion. New York State Nurses Association, 30 FLRA 706, Proposal 9 [N]
7. Automatic promotion of employees who performed satisfactorily and met time–in–grade requirements. NFFE, Local 2052, 30 FLRA 797, Proposal 13 [N]
8. Requiring that an employee’s performance be at a satisfactory level to be eligible for a career–ladder promotion. AFGE, AFL–CIO, Department of Education Council of AFGE Locals, 34 FLRA 1078, Proposal 3 [NN]
9. Requiring the agency to promote employees when the requirement set forth in the above proposal–that an employee be considered eligible for a career-ladder promotion based on performance at a satisfactory level––is met. AFGE, AFL–CIO, Department of Education Council of AFGE Locals, 34 FLRA 1078 Proposal 5 [NN]
10. Concerning career ladder promotion. NTEU, 39 FLRA 27, Provision 14 [NN]
11. Establishing a criterion for evaluating an employee’s ability to perform higher graded duties–the receipt of a fully successful performance rating–which is to be used in making a promotion decision concerning employees in a career ladder position. NFFE, Local 858, 39 FLRA 976, Provision 1 [N]
12. GS–13 developmental controllers shall be promoted to the GS–14 level when they have a year–in–grade as a GS–13, have been certified on certain radar positions, and have not received a letter indicating a need for improvement or an unsatisfactory monthly training evaluation. NATCA, Local C90, 45 FLRA 469 [NN]

Committee/Panel

1. Assigning management representatives to rating and ranking panels. NFFE, Locals 1707, 1737, and 1708, 9 FLRA 148, Proposal 2 [NN]
2. Establishing the membership of a selecting panel for selecting candidates for vacancies. NFFE, Local 78, 9 FLRA 819 [NN]
3. A joint committee which provides for union participation in the decision making process whereby the agency determines the knowledge, skills, and abilities used in merit promotions. NFFE, Local 1497, 11 FLRA 565, Proposal 2 [NN]
4. Establishing a joint union-management committee to develop a promotion evaluation plan including selective factors. NFFE, Local 943, 12 FLRA 172 [NN]
5. A union member on a promotion rating panel which develops selective factors to be used in a merit promotion plan or rating schedule. NFFE, Local 1745, 13 FLRA 543, Proposal 1 [NN]
6. Giving the union–management panel authority to review ratings for appropriateness. NFFE, Local 943, 16 FLRA 313, Section D (third sentence) [NN]
7. Giving the union the right to participate at any stage in the ranking process and to have a representative on the ranking panel. AFGE, AFL–CIO, Local 3488, 17 FLRA 538, Proposal 2 [NN]
8. Union representation on promotion rating panels. AFGE, AFL–CIO, MINT Council 157, 19 FLRA 640, Provision 3 [NN]
9. Excluding the selecting official from the ranking panel. NTEU, 21 FLRA 1051, Provision 7 [NN]
10. Union observer on merit promotion panels. AFGE, AFL–CIO, Local 2298, 22 FLRA 385 [NN]
11. Management to use a panel for the rating and ranking process where there are three or more qualified bargaining unit applicants. NFFE, Local 29, 23 FLRA 569, Proposal 3 [N]
12. Permits union to nominate nurses to serve on the Nurse Professional Standards Board, and requires agency to include four unit employees among all of the nominations forwarded for appointment to the Board. Illinois Nurses Association, 27 FLRA 714, Proposal 8, Section 2 [N]
13. Permitting the union to submit suggestions regarding nurses qualified to serve on the Professional Standard Board and requiring the agency to include four unit employees among the nominations forwarded for appointment to the Board. Illinois Nurses Association, 28 FLRA 212, Proposal 3 [N]
14. A union observer on promotion rating and ranking panels. NTEU, 28 FLRA 647 [NN]
15. Agency to select individuals from all levels of the work force and from organizational segments other than those supervised by the selecting official and prohibiting the agency from selecting a union officer or steward and an employee at a lower grade level than the position to be filled as members of a ranking panel. NTEU, 29 FLRA 422, Provision 2 [NN]
16. Involving the membership of the Professional Standards Board (PSB), the operational procedures of the PSB, and the right of an employee to choose the particular PSB to review his/her records in certain circumstances. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Proposal 4, Section 5 [NN]
17. Rating panel to rate and rank applicants and screen out all but five highly qualified candidates whose names would be furnished to the selecting official. The selecting official shall select from among the highly qualified candidates. AFGE, AFL–CIO, Council 214, 29 FLRA 1587, Provision 6 (fourth sentence) [NN]
18. A panel considering candidates for a position encumbered by more than one individual will include one member who currently holds the position. AFGE, Local 85, 30 FLRA 400, Proposal 8 [NN]
19. Requires participation of a union representative on a promotion rating and ranking panel. AFGE, Local 85, 30 FLRA 400, Proposal 9 [NN]
20. Authorizing the union’s presence on a rating and ranking panel when the panel rates unit employees for unit positions. Bremerton Metal Trades Council, 32 FLRA 643, Provision 3 [NN]
21. Barring certain categories of management officials from participating in the rating and ranking panel’s work. Bremerton Metal Trades Council, 32 FLRA 643, provision 3 [NN]
22. A union observer to be present on merit promotion panels. SEIU, Local 100, 34 FLRA 704 [NN]
23. Requiring a ranking panel to be used to determine the best qualified candidates in any promotion action where there are three or more qualified candidates. NFFE, Local 2099, 35 FLRA 362 [N]
24. Requiring the CPO to select a minimum of two candidates for the agency's merit promotion rating and ranking panel, and requiring the agency to select at least one employee for the rating and ranking panel from a list compiled by the Equal Employment Opportunity office. NFFE, Local 1437, 35 FLRA 1052, Proposal 2 [NN]
25. Requiring management to select a member of the agency’s rating and ranking panel from a union–compiled list. NFFE, Local 1437, 35 FLRA 1052, Proposal 2 [NN]
26. Requiring the appointment of a union observer on the rating and ranking panel in situations where the union’s nominees do not meet the necessary qualifications for appointment to the panel. NFFE, Local 1437, 35 FLRA 1052, Proposal 2 [NN]
27. The rating and ranking panel will not have policy-making responsibilities, and the panel will not establish criteria or qualifications for selection unless required to do so by the CPO procedures and guidelines. NFFE, Local 1437, 35 FLRA 1052, Proposal 2 [NN]
28. Rating and ranking panels will normally not be used in making selections for bargaining unit positions. AFGE, Local 2298, 35 FLRA 1128, Proposal 4 [N]
29. Prohibiting selecting officials from being members of rating and ranking panels. AFGE, Local 2298, 35 FLRA 1128, Proposal 4 [NN]
30. Concerning the use of evaluation panels in filling vacancies. On remand, AFGE, Local 2298, 41 FLRA 795, Provision 4 (first sentence) [N]
31. Restricting the agency from assigning the duty of participating on ranking panels to particular employees. On remand, AFGE, Local 2298, 41 FLRA 795 [NN]
32. A joint labor–management board will be established to determine which employees are eligible for the noncompetitive promotions to the GS–12 Senior Cartographer positions. NFFE, Local 1482, 45 FLRA 52, Proposal 2 [NN]
33. The joint labor–management board will be created before January 2, 1991 and the composition of the board is prescribed. NFFE, Local 1482, 45 FLRA 52, Proposal 3 [NN]
34. Relating to the appointment of a union representative to the rating panels that evaluate candidates for purposes of filling positions competitively. AFGE, Local 3434, 49 FLRA 382 [NN, 7106(a)(2)(C)]
35. Prescribing the composition of rating and ranking panels and the duties of the selecting official and the Office of Personnel. NTEU, 53 FLRA 539, Article 12, Section 4(G) [N, 7106(b)(3)]
36. Requiring the presence of a union observer at rating-panel meetings. AFGE, Local 1815, 53 FLRA 606, Provision 6 [NN, LAW]
37. Requiring raters to occupy a specified grade level. AFGE, Local 1815, 53 FLRA 606, Provision 5 [NN, LAW]
38. Requiring management to assign rating duties only to employees who satisfy specified criteria. AFGE, Local 1815, 53 FLRA 606, Provision 9 [NN, LAW]
39. Prescribing the candidates who are to be evaluated when a rating and ranking panel is required. ACT, Heartland Chapter, 56 FLRA 236, Provision 5–13a [N]
40. Prescribing the criteria to be applied in evaluating the experience candidates possess with respect to the various KSAs and other characteristics that the agency has identified under section 5–10 and the weight to be given to the scores received by the candidate on those factors, depending upon the number of factors. ACT, Heartland Chapter, 56 FLRA 236, Provision 5-13b1 [N]
41. Prescribing the points to be awarded a candidate based on awards received and performance evaluations. ACT, Heartland Chapter, 56 FLRA 236, Provision 5–13.b.2 [N]
42. Prescribing the maximum number of points that can be awarded a candidate for training and education, other than the training and education that is credited for purposes of determining basic eligibility for the position. ACT, Heartland Chapter, 56 FLRA 236, provision 5–13.b.3 [N]
43. Prescribing the effect of the rating and ranking of candidates derived under subsection 5l3.b on the selection process. ACT, Heartland Chapter, 56 FLRA 236, Provision 5–13c [N]
44. Requiring an explanation of the rating levels that may be used, whether that be one or several levels. NAGE, Local R1–100, 56 FLRA 268, Proposal 4 [N]
45. Requiring only that the agency disclose the rating elements, regardless of whether they are critical or noncritical, that it chooses to use. NAGE, Local R1–100, 56 FLRA 268, Proposal 5 [N]
46. Requiring the deletion of any reference to “additional elements” throughout the HRO Groton Manual. NAGE, Local R1–100, 56 FLRA 268, Proposal 12 [NN, 7106(a)(2)(A) and (B)]

Competitive Procedures

1. Requiring management to announce vacancies for which unit employees are eligible to apply, but not requiring management to consider or to select unit applicants. AFGE, AFL–CIO, International Council of United States Marshals Service Locals, 2 FLRA 765 [N]
2. Management to use the competitive procedures of the agency’s merit promotion plan in filling supervisory and management position with bargaining unit employees. National Council of Field Labor Locals, AFGE, AFL–CIO, 3 FLRA 290, Proposal 1 [NN]
3. Competitive procedures to be used when considering nonunit employees, new hires and other sources for filling vacancies. NTEU, 7 FLRA 275, Proposal 2 [N]
4. Exempting voluntary reassignments to lower grade positions from the competitive procedures of the merit promotion program. AFGE, AFL–CIO, 11 FLRA 238, Proposal 6 [NN]
5. Preparation of a promotion roster within ten work days after the personnel office receives the request to fill the position when the vacancy is to be filled by promotion. NFFE, Local 1497, 11 FLRA 565, Proposal 3 [N]
6. Allowing employees to see records used by the promotion panel if the employees were referred to the panel but not selected. NFFE, Local 1745, 13 FLRA 543, Proposal 2 [NN]
7. Requiring the announcement of certain vacancies for competitive selection. NTEU, Chapter 55, 15 FLRA 820, Proposals 5 and 6 [N]
8. Agency to use competitive merit procedures when assigning higher level duties and responsibilities on continuous basis. Defense Logistics Agency Council of AFGE Locals, AFL–CIO, 24 FLRA 367, Provision 2 [N]
9. Agency to use all competitive procedures in selecting employees for promotion from eligible career ladder candidates when it was not possible to promote all eligible employees at the same time. AFGE, Local 32, AFL–CIO, 26 FLRA 452, Proposal 4 [NN]
10. Agency discretion to select from among the best-qualified candidates and providing procedures for informing candidates of existing vacancies. Illinois Nurses Association, 27 FLRA 714, Proposal 8, Section 5 [N]
11. Requiring that when there is any change of a position which could be considered a promotion or an upgrade, the selection of the position be made through competitive procedures from among bargaining–unit employees. AFGE, Local 738, 39 FLRA 872, [NN]
12. Requiring the agency to use competitive promotion procedures in selections involving transfers and reinstatements of job applicants from outside the bargaining unit. NFFE, Local 33, 47 FLRA 765 [N]
13. Requiring the agency to announce and permit field office employees to apply for vacancies on the Critical Vacancies List through whatever competitive procedures apply. AFGE, HUD Council of Locals 222, Local 2910, 54 FLRA 171 [N]
14. Requiring the agency to use competitive procedures to fill all Area I and III bargaining unit vacancies. ACT Treasure State, Chapter 57, 56 FLRA 1046 [NN, 7106 (a)(2)(C)]
15. Requiring the agency to advertise all bargaining unit positions, except those that the parties' agreement specifically excludes from merit staffing competition. AFGE, Local 12, 60 FLRA 533, Proposal 4 [NN,GWR]

Crediting Plan

1. Establishing the factors and weights to be used in evaluating applicants for promotion in filling unit positions. IAFF, Local F–61, 3 FLRA 438, Proposal III [N]
2. Prescribing the rating schedule to be used in connection with merit promotion procedures. NTEU, 5 FLRA 688 [N]
3. Prohibiting Skill, Knowledge, Aptitude, and Personal Characteristics (SKAP) codes to be used as qualification requirements. NFFE, Local 1332, 6 FLRA 361, Proposal V [N]
4. All candidates for unit vacancies, including those from Office of Personnel Management registers, to be subjected to a negotiated procedure for rating, ranking, and evaluating candidates. AFGE, AFL–CIO, Local 909, 6 FLRA 502 [N]
5. Dealing with the ranking of candidates for excepted technician positions and which provides that candidates will receive one point for each two years of service. ACT, Pennsylvania State Council, 7 FLRA 346, Provision 3 [N]
6. Using crediting plans to rank candidates for merit promotion referral. NTEU and NTEU Chapters 153, 161, and 183, 11 FLRA 209, Proposals 1 and 2 [N]. Enforcement denied, Customs Service Region II v. Federal Labor Relations Authority, 739 F.2d 829 (2d Cir. 1984).
7. Using crediting plans based on job-related criteria to rank candidates for merit promotion referral. NTEU, 11 FLRA 247 [N]. Reversed in Treasury v. Federal Labor Relations Authority, 762 F.2d 1119 (D.C. Cir. 1985).
8. Establishing a procedure for crediting education and ranking candidates. NFFE, Local 1497, 11 FLRA 565, Proposals 5 and 6 [N]
9. Identifying selective factors to be used in determining the best qualified candidates. NFFE, Local 1497, 11 FLRA 565, Proposal 4 [NN]
10. Limiting management to using only knowledge and skills which normally can be acquired only by working in the agency when establishing qualification requirements for positions. AFGE, AFL–CIO, Local 15, 15 FLRA 954, Proposal 1 [NN]
11. Prohibiting the establishment of qualification requirements for promotion to higher grade levels which cannot be satisfied by skills and knowledge normally acquired with the agency at lower grade levels. AFGE, AFL–CIO, Local 1940, 16 FLRA 816, Proposal 4 [NN]
12. Giving employees one point for each year of technician service when being rated for job selection and promotion. The Montana Air Chapter, ACT, 19 FLRA 946 [NN]
13. Establishing the credit to be given for performance awards and training in rating candidates for promotion. NFFE, Local 943, 19 FLRA 949, Proposal 4 [NN]
14. Agency to apply Office of Personnel Management qualification requirements to Title 38 employees. AFGE, AFL–CIO, Local 933, 20 FLRA 689 [NN]
15. Prescribing abilities and accomplishments for which credit will be given in a promotion crediting plan and the amount of credit to be given. NAGE, Local R7–23, 21 FLRA 978, Proposal 1 [NN]
16. Setting forth the weight that knowledge, skills, abilities and other factors (KSAOs) are to be given in evaluating candidates for positions. NFFE, Local 29, 23 FLRA 569, Proposal 2 [NN]
17. Disclosing crediting plans to the union upon request. NTEU, 23 FLRA 681 [NN]
18. Agency to disclose rating plans which the agency might use in the rating and ranking process to any employee requesting them. , 27 FLRA 69, Provision 2 [NN]
19. Permitting the union access to crediting plans and related information upon a unit employee’s request to the union to represent him in a formal complaint. AFGE, AFL–CIO, Local 1858, 27 FLRA 69, Provision 3 [N]
20. Establishing a crediting plan. ACT, Wichita Air Capitol Chapter, 56 FLRA 1027 [N, (b)(2)]
21. Specifies the number of points the Agency will give for different types of performance–related awards when rating and ranking applicants for a position. NTEU, 61 FLRA 554, Provision 1 [NN, GWR]
22. Establishes an alternative formula for rating and ranking candidates that assigns designated numbers of points based on a candidate’s ratings on critical job elements for positions in the same series as the position being filled, added to points given for performance–related awards, and the sum will establish the best qualified list in rank order. NTEU, 61 FLRA 554, Provision 2 [NN, GWR]
23. Sets forth a formula for rating and ranking candidates for positions rated GS–8 and below. NTEU, 61 FLRA 554, Provision 3 [NN, GWR]