PROMOTION

Department of the Army, Headquarters 10th Mountain Division and Fort Drum, Fort Drum, New York and Local 400, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 94, January 2, 1998 (Release No. 405).

The AGENCY proposed the following:

Section 13

The Employer agrees that when an Employee is detailed to a higher graded position for more than 30 days, an SF-50 will be prepared and filed in the Employee's Official Personnel File.

The UNION proposed the following:

Section 11: Grievances

B. When a written grievance is filed alleging violation of this article, the appropriate Union representative will be permitted to review those sanitized records which were used as a basis for ranking and selecting Employees for the promotion action being grieved. The records which may be reviewed are the referral list, record of awards, the supervisor's appraisal and the selecting official's statement of his reasons for the selection. Only documents which are necessary and relevant to the grievance, not otherwise excluded herein, may be made available, and then only with the grievant's consent.

Section 13

Employees detailed to a higher grade position for a period of more than ten (10) consecutive workdays must be temporarily promoted. The Employee will be paid for the temporary promotion beginning the first day of the detail. The temporary promotion should be initiated at the earliest date it is known by management that the detail is expected to exceed ten (10) consecutive workdays. The ten (10) consecutive workday provision will not be circumvented by rotating employees into a higher graded position for less than ten (10) workdays in order to award the higher rate of pay. For the purposes of this section, a general schedule Employee who performs the grade-controlling duties of a higher graded position for at least 25% of his time shall be temporarily promoted.

The PANEL ordered the parties to adopt the AGENCY's final offer.