Common use of Applicability of Noncompetitive Actions Clause in Contracts

Applicability of Noncompetitive Actions. Promotions - The following promotions may be taken on a noncompetitive basis unless otherwise provided: a. If a position is upgraded due to accretion/assignment of additional higher grade duties and responsibilities, the incumbent may be noncompetitively promoted provided there is clear evidence that the employee continues to perform the same basic functions as in the former position, that there are no other employees serving in similar or identical positions to whom the duties could be assigned, and he/she meets all qualification and legal requirements for the promotion. In this case, there must be clear evidence that the newly classified position is a successor to the former and that the higher-graded position has absorbed the major duties of the former position. Included in this provision are employees returning from overseas, exercising return rights to obligated positions which have been upgraded during their absence. b. An employee initially selected under competitive procedures for a position with known promotion potential, may be noncompetitively promoted to intervening and target grades at management request. The employee must meet eligibility requirements for promotion to these grades, as well as any additional qualifying criteria, e.g., satisfactory completion of all required training or higher-graded duties being assigned. c. After all mandatory placement priorities are satisfied, and employee may be non- competitively promoted up to and including a grade previously held on a permanent basis in the competitive service or other merit system and from which separated or changed to lower grade for other than performance or conduct reasons. d. Temporary promotions to a higher grade totaling [120] days or less during any 12 month period. If a temporary promotion that was not expected to exceed 120 days was originally made on a noncompetitive basis, any extension beyond 120 days must be made under competitive procedures. e. Conversion of an employee from a temporary promotion to a permanent promotion in the same position and duty station provided the vacancy announcement for the temporary promotion indicated that the promotion could later become permanent. f. Reassignments may be processed noncompetitively to a position with no known promotion potential beyond that of the employee’s current position or that which the employee has held on a permanent basis. Reassigned employees must meet basic and statutory qualification requirements of the position to which they are reassigned or meet the requirements of an approved modification of qualifications. g. Any other noncompetitive action authorized by law or existing Government-wide regulation.

Applicability of Noncompetitive Actions. Promotions - The following promotions promotion actions may be taken on a noncompetitive basis unless otherwise provided: a. If : Promotion of the incumbent in a position that is upgraded reclassified at a higher grade due to accretion/assignment the accretion of additional duties and responsibilities and not as the result of a planned management action. Promotion of an incumbent or an individual entitled to re-employment rights to a position that is reclassified to a higher grade without significant change in duties or responsibilities either on the basis of a new classification standard or as the result of correction of an original classification error. When the incumbent of the upgraded position meets the legal requirements and responsibilitiesqualification standards for promotion to the higher grade, the incumbent may will be noncompetitively promoted provided there is clear evidence that the promoted. Promotion of an employee continues to perform the same basic functions as in the former positionpreviously selected competitively for a lower grade of a career ladder. Promotion after receiving priority consideration. Promotion of an employee when directed by authorized authorities (i.e. judges, that there are no other employees serving in similar or identical positions to whom the duties could be assignedarbitrators, FLRA, and he/she meets all qualification and legal requirements for the promotionother appropriate authorities). In this caseThe Department may non-competitively reinstate, there must be clear evidence that the newly classified position is a successor transfer, or promote an employee up to the former and that the higher-graded position has absorbed the major duties of the former position. Included in this provision are employees returning from overseas, exercising return rights to obligated positions which have been upgraded during their absence. b. An employee initially selected under competitive procedures for a position with known promotion potential, may be noncompetitively promoted to intervening and target grades at management request. The employee must meet eligibility requirements for promotion to these grades, as well as any additional qualifying criteria, e.g., satisfactory completion of all required training or higher-graded duties being assigned. c. After all mandatory placement priorities are satisfied, and employee may be non- competitively promoted up to and including a highest grade previously held on a permanent basis in under career or career-conditional appointment, provided the competitive service employee was not demoted or other merit system and separated from which separated or changed to lower that grade for other than performance or conduct reasons. d. . Temporary promotions to a higher grade totaling [120] 60 calendar days or less during any 12 month period. If a temporary promotion that which was not expected to exceed 120 60 calendar days was originally made on a noncompetitive basis, any extension beyond 120 60 calendar days must be made under competitive procedures. e. . Career ladder promotions following noncompetitive conversion of a student through the Pathways Program consistent with 5 CFR 213.3402 and 5 CFR 362 subpart B. Promotion of an employee covered by an approved training agreement. Promotion of an employee placed competitively in a trainee position. Any other noncompetitive action authorized by law or existing government-wide regulation. Reassignments/Changes to Lower Grade - A reassignment or change to a lower grade to a position that does not provide specialized experience (Job Qualification System for Trades and Labor Occupations, OPM Handbook X-118C) that the employee does not already have and is required for subsequent promotion to a designated higher grade position or to a position having no known promotion potential may be taken on a noncompetitive basis. Details - The following details may be made on a noncompetitive basis: Details of 60 calendar days or less to a higher-graded position (see Article 25 -Details, Reassignments and Temporary Promotions). Details of 60 calendar days or less to a position at the same or lower grade with known promotional potential or to a position which provides specialized experience (Job Qualification System for Trades and Labor Occupations, OPM Handbook X-118C or appropriate qualification standards) required for subsequent promotion to a designated higher-graded position. Details to a position at the same or lower grade with no known promotion potential or to a position which does not provide specialized experience (Job Qualification System for Trades and Labor Occupations, OPM Handbook X-118C or appropriate qualification standards) required for subsequent promotion to a designated higher- graded position. Details to unclassified duties. Other Noncompetitive Actions: Conversion of an employee from a temporary promotion to a permanent promotion in the same position and duty station provided the vacancy announcement for the temporary promotion indicated that the promotion could later become permanent. f. Reassignments may be processed noncompetitively . Selection from an OPM approved register. Transfer of a Federal employee or reinstatement of a former Federal employee (including conversion to reinstatement from a temporary appointment) to a position with no at the same or lower grade than the highest permanent grade held under a career or career-conditional appointment provided the candidate was not demoted or separated for performance or conduct reasons from a higher grade, and also provided that the position does not have known promotion potential beyond that to a grade higher than the highest permanent grade held. Reinstatement to the same career ladder position for which an employee was previously selected competitively or to a similar career ladder position having similar qualification requirements and having no greater known promotion potential. Reinstatement of a former VA employee to a position which is the higher-graded successor to a position they previously held. Such reinstatements may be made non­competitively when classification of the employee’s current successor position is based on the establishment of a new position classification standard or that which the employee has held on revision of a permanent basisposition classification standard. Reassigned employees must meet basic and statutory qualification requirements of the A position to which they are reassigned change permitted by reduction-in-force regulations. Consideration or meet the requirements of an approved modification of qualifications. g. selection of: Disabled Veterans under 5 CFR 315.604. Disabled Veterans under 5 CFR 315.707. Cooperative education students under 5 CFR 213. Veterans Readjustment Appointments under 5 CFR 307. Severely handicapped appointments under 5 CFR 213.3102 (u). Schedule A & B Excepted Appointments. Any other noncompetitive action authorized by law or existing Governmentgovernment-wide regulation. Additional procedures for noncompetitive details and reassignments are described in Article 25 - Details, Reassignments and Temporary Promotions.