Actions Not Covered by Competitive Procedures. Nothing in this Agreement shall preclude the selection or placement of a person entitled to a higher order of consideration by law or Governmentwide rule or regulation. In addition, the following actions are specifically excluded from coverage of the competitive placement procedures of this Agreement:
Actions Not Covered by Competitive Procedures. The following actions are not covered by competitive procedures:
A. A change to a new position with no greater promotion potential than the position currently held;
B. A promotion resulting from a new or corrected classification standard or a classification review;
C. A position change permitted by reduction in force procedures;
D. A career ladder promotion;
E. A position change from a position having known promotion potential to a position having no higher potential;
F. A temporary promotion of 120 days or less;
G. Selection from the Reemployment Priority List in accordance with appropriate Federal rules and regulations;
H. Restoration to a grade or position from which an employee was demoted for reasons other than the employee’s misconduct or performance and not at the employee’s request;
I. Consideration of a candidate not given proper consideration in a competitive promotion action; and
J. Promotions directed by judges, arbitrators, the Federal Labor Relations Authority or other appropriate authority.
Actions Not Covered by Competitive Procedures. Nothing in this Agreement shall preclude the selection or placement of a person entitled to a higher order of consideration by Federal law or Government-wide rule or regulation. In addition, the following actions are specifically excluded from coverage of the competitive placement procedures of this Agreement:
A. Appointments at GS-5 and below to positions for which the agency has been granted direct hire authority by OPM;
B. Career or career-conditional appointments from a civil service certificate of eligibles issued by OPM or the Delegated Examining Unit (DEU);
C. Reassignments between positions having the same promotion potential;
D. Promotions when earlier competition occurred, e.g., career ladder promotions;
E. Promotion to the full performance level in the career ladder of a position when an employee has been placed in that position as a result of RIF or reclassification;
F. Promotion to the grade level of the position under career or career-conditional appointment, from which the incumbent was not demoted or separated from that grade because of deficiencies in performance or “for cause” reasons;
G. Promotions when an employee’s position has been reclassified at a higher grade because of additional duties and responsibilities. Such a promotion may occur whether or not the assumption of higher-level duties and responsibilities resulted from planned management action; however, the supervisor must submit a statement explaining how the additional duties evolved into the new position;
H. The promotion of an incumbent of a position which has been upgraded, without significant change in duties and responsibilities, on the basis of either the issuance of a new classification standard or the correction of a classification error;
I. Selection of a candidate from the Reemployment Priority List, for a position at the same or lower grade than that last held in the competitive service;
J. Selection of a candidate from the Priority Consideration Program for a position at the same grade level and the same promotion potential as the one for which proper consideration was not given;
K. Selection of a candidate from the Special Reassignment Plan for movement to a position at the same or lower grade from which demoted;
L. Promotions directed by special authorities, such as court decisions, EEO consent decrees, OPM decisions, or other appropriate authorities;
M. Non-competitive conversions, appointments, and promotions of employees in certain excepted positions
1. A non...
Actions Not Covered by Competitive Procedures.
A. Career Ladder Promotions: Career ladder promotions are permitted when an employee is appointed or assigned to any grade level below the established full performance level of the position (i.e., the position has a documented career ladder and promotion potential). These promotions may be made non-competitively for any employee who entered the career ladder by:
(1) Competitive procedures;
(2) Competitive appointment from a certificate of eligibles (through OPM or delegated examining authority);
(3) Non-competitive appointment under special authority; such as conversion of Pathways Program or similar program(s), appointment of former ACTION Volunteers or Peace Corps volunteers, conversion of a Veterans Recruitment Authority (VRA) appointee, Presidential Management Fellows, and Schedule A (5 C.F.R. §213.3102(u)).
B. Promotion Based on Reclassification when:
(1) No significant change occurs in the duties or responsibilities of the position and the position is upgraded due to issuance of a new classification standard, or the correction of a classification error; or
(2) The position is upgraded due to accretion of additional duties and responsibilities, where the current position is abolished and the following provisions are met:
(a) The duties of the former position are absorbed into the new position;
(b) The new position has no promotion potential;
(c) The additional duties and responsibilities assigned or accrued by the incumbent do not adversely affect or impact other positions in the organizational unit;
(d) The new position is not a reclassification from non-supervisory to supervisory status; and
(e) The accretion is supported by an analysis of the position which may involve a position review including written, face-to-face, and/or telephonic reviews with the employee and/or the employee's supervisor, or other fact gathering method.
Actions Not Covered by Competitive Procedures. In accordance with 5 CFR 335.103, competitive procedures will not apply to the following personnel actions which are exceptions to Section 2 above:
Actions Not Covered by Competitive Procedures. In accordance with 5 CFR 335.103, competitive procedures will not apply to the following personnel actions which are exceptions to Section 2 above:
A. Career Ladder Promotions Career ladder promotions are permitted when an employee is appointed or assigned to any grade level below the established full performance level of the position (i.e., the position has a documented career ladder and promotion potential). These promotions may be made non- competitively for any employee who entered the career ladder by:
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Actions Not Covered by Competitive Procedures. The following actions are not covered by competitive procedures: Promotion, reassignment, demotion, transfer, reinstatement, or detail to a position with no greater promotion potential than the potential of the position that an employee currently holds or previously held on a permanent basis in the competitive service and did not lose because of performance or conduct reasons; A promotion resulting from the upgrading of a position without significant change in the duties and responsibilities due to the issuance of a new classification standard or the correction of an initial classification error; A position change permitted by reduction in force regulations; A promotion without current competition when at an earlier stage an employee was selected from a civil service register or under competitive promotion procedures for an assignment intended to prepare the employee for the position being filled (e.g., career-ladder promotion); A promotion resulting from an employee's position being reclassified at a higher grade because of additional duties and responsibilities; A career ladder promotion following non-competitive conversion, e.g., cooperative education student, VRAs and Schedule A appointees; A position change from a position having known promotion potential to a position having no higher potential; A temporary promotion of 120 days or less; Selection from the Re-employment Priority List in accordance with appropriate Federal rules and regulations; Re-promotion to a grade or position from which an employee was demoted without personal cause and not at her or his request; Consideration of a candidate not given proper consideration in a competitive promotion action; and Promotions directed by Judges, Arbitrators, Federal Labor Relations Authority or other appropriate authority.
