ARTICLE

22.

Section 1 - Purpose and Policy

The parties agree that the purpose and intent of the provisions contained herein are to ensure that promotions are made equitably and in a consistent manner. Promotions shall be based solely on job-related criteria, and without regard to political, religious, labor organization affiliation or nonaffiliation, marital status, race, color, sex, national origin, nondisqualifying disabling condition, or age. This article sets forth the merit promotion system, policies, and procedures applicable to bargaining unit positions in the Department.

Section 2 - Development of Career Pathways

A. The parties will explore various means of enhancing career opportunities including but not limited to career ladders, administration movement, broad banding, etc.

B. The parties are committed to establishing career ladder positions within the organization in those situations where positions and functions can be grouped in a way compatible with program and work considerations.

C. The parties agree to develop and implement career ladder positions through joint labor-management involvement. Labor and management will work together as follows:

1. Participation will include bargaining unit representatives appointed by the Union.

2. The parties will have appropriate personnel and classification support.

3. Review will consider existing positions and work functions within the respective component in all job categories (i.e., professional, technical, administrative, clerical, wage grade).

4. Consolidate/Revise existing positions and develop career ladder positions where appropriate. The parties will attempt to design career ladders which provide opportunities for both lateral movement between career ladder positions and promotion to higher grade career ladder positions.

Section 3 - Career Ladder Plans

A. Career ladder positions help employees develop to successfully perform higher level duties through training and incremental assignment of more complex work. The responsibilities assigned to the entry levels of career ladder positions will involve more basic skills and knowledge compared to journey-level responsibilities. The responsibilities at each level of the career ladder position will be communicated to employees through the position description and career ladder plan.

Career ladder plans will be tailored to the complexity of the job duties and will permit individuals to learn and assume the fuller range of duties.

B. A Career Ladder Plan will be established for each career ladder position. The Career Ladder Plan will outline the objective criteria for each grade level which an employee must meet in order to be promoted. A copy of the plan will be given to each employee upon entry into the career ladder and when she is promoted to a new level of the career ladder. The employee will also be advised of her earliest date of promotion eligibility.

When career ladder plans are established and/or revised, the Department will provide notice to the Union in accordance with Article ___ of this contract. The employee will be provided with a copy of any revised career ladder plan within 30 days of such revision.

Section 4 - Career Ladder Advancement

A. At the time the employee reaches his earliest date of promotion eligibility, the Department will decide whether or not to promote the employee.

1. If an employee is rated as successful and is meeting the promotion criteria in the career ladder plan, the Department will certify the promotion which will be effective at the beginning of the first pay period after the requirements are met.

2. If an employee is not meeting the criteria for promotion, the employee will be given a written notice at least sixty (60) days prior to earliest date of promotion eligibility. The written notice will state what the employee needs to do to meet the promotion plan criteria. Should a Career Ladder Plan require only a three- (3) month training period, the above notice shall be a reasonable period prior to the earliest date of promotion eligibility.

a. If the employee is making progress, the supervisor will ensure that he has the opportunity to acquire pertinent skills and knowledge and to demonstrate that he meets promotion requirements as soon as is feasible.

b. If the employee is experiencing problems, the provisions in Paragraph B of this Section are applicable.

3. In the event that the employee met the promotion criteria, but the appropriate management official failed to initiate the promotion timely, the promotion will be retroactive to the beginning of the first pay period after the pay period in which the requirements were met.

B. At any time a supervisor and/or employee recognizes an employee's need for assistance in meeting the career ladder advancement criteria, the supervisor and employee will develop a plan tailored to assisting the employee in meeting the criteria. The plan should include all applicable training, as well as any other appropriate support. At the request of the employee, the Union may provide assistance.

If a nonprobationary employee fails to meet the promotion criteria after the appropriate assistance, the Department may:

1. Provide the employee with additional time to meet the promotion criteria or

2. Assign the employee duties commensurate with his/her current grade.

The career ladder plan may end, and the employee will remain at the level he attained within the career ladder. The employee may be reinstated back into the career ladder plan non-competitively if the employee remains in the position covered by the Career Ladder Plan.

or

3. The employee may be assigned to another position at the same grade and step.

C. If an employee is denied a career ladder promotion because of the unavailability of enough work at the next grade, management agrees that, if an employee performs the work of the higher-graded position for the required amount of time during a pay period to qualify for reclassification to the higher grade, she will be temporarily promoted for that entire pay period.

Section 5 - Definitions

For the purpose of this Article, the definitions contained in Part 335 and other related parts of Title 5 Code of Federal Regulations shall be incorporated as a part of this Agreement except as otherwise defined in this Agreement.

Section 6 - Applicability of Competitive Procedures

A. Promotions - Any selection for promotion must be made on a competitive basis unless it is excluded by Section 7 below.

B. Reassignments/Changes to Lower Grade - Any selection to a position that provides specialized experience (Job Qualification System for Trades and Labor Occupations, Handbook X-118C) that the employee does not already have and is required for subsequent promotion to a designated higher grade position and/or to a position with known promotional potential must be made on a competitive basis.

C. Details - Competitive procedures will be applicable to any selection for detail of more than 60 days to a higher grade position, to a position with known promotional potential, or a position which provides specialized experience (Job Qualification System for Trades and Labor Occupations, Handbook X-118C) required for subsequent promotion to a designated higher grade position.

D. Training - Competitive procedures will be applicable to selections for training when eligibility for promotion to a particular position depends on whether the employee has completed that training.

E. Appointments - Competitive procedures apply to the transfer of a Federal employee or to the reinstatement of a former Federal employee to a position above the highest grade previously held permanently (unless the position is a higher-graded successor position as described in Paragraph 7 D5 of Section 7 of this Article) or to a position at or below that grade if the position has promotional potential above the highest grade previously held permanently. The employee must not have been demoted or separated for cause from the higher grade(s) and, when competitive procedures apply, be identified as a well-qualified candidate with eligible VA employees to be eligible for appointment. To the extent feasible, the same qualification standards and the same methods of evaluation will be applied to both VA employees and persons being considered for appointment to higher graded positions above the highest grade previously held permanently by transfer or reinstatement. If it is determined that these methods are not feasible, the parties will meet and confer on the methods to be utilized.

F. The procedures for vacancies filled under competitive actions are described in this Article.

Section 7 - Applicability of Noncompetitive Actions

A. Promotions - The following promotions may be taken on a noncompetitive basis unless otherwise provided:

1. Promotion of the incumbent in a position that is reclassified at a higher grade due to the accretion of additional duties and responsibilities and not as the result of a planned management action.

2. 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 qualification standards for promotion to the higher grade, the incumbent will be promoted.

3. Promotion of an employee previously selected competitively for a lower step of a career ladder.

4. Promotion after receiving priority consideration.

5. Promotion of an employee when directed by authorized authorities (i.e., judges, arbitrators, FLRA, and other appropriate authorities).

6. Agencies may noncompetitively reinstate, transfer, promote an employee up to the highest grade previously held on a permanent basis under career or career-conditional appointment, provided the employee was not demoted or separated from that grade for cause.

7. Temporary promotions to a higher grade totaling sixty (60) days or less during any twelve- (12) month period. If a temporary promotion which was not expected to exceed sixty (60) days was originally made on a noncompetitive basis, any extension beyond 60 days must be made under competitive procedures.

8. Career ladder promotions following noncompetitive conversion of a cooperative education student in accordance with the requirements of applicable OPM policy.

9. Promotion of an employee covered by an approved training agreement.

10. Promotion of an employee placed competitively in a trainee position.

11. Any other noncompetitive action authorized by law or existing government-wide regulation.

B. Reassignments/Changes to Lower Grade - A reassignment or change to lower grade to a position that does not provide specialized experience (Job Qualification System for Trades and Labor Occupations, 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 promotional potential may be taken on a noncompetitive basis.

C. Details - The following details may be made on a noncompetitive basis:

1. Details of sixty (60) days or less to a higher grade position (see Article 31, Details, Reassignments and Temporary Promotions).

2. Details of sixty (60) 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, Handbook X-118C) required for subsequent promotion to a designated higher-graded position.

3. 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, Handbook X-118C) required for subsequent promotion to a designated higher graded position.

4. Details to unclassified duties.

D. Other Noncompetitive Actions:

1. 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.

2. Selection from an OPM-approved register.

3. Transfer of a Federal employee or reinstatement of a former Federal employee (including conversion to reinstatement from a temporary appointment) to a position 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 personal cause from a higher grade and also provided that the position does not have known promotional potential to a grade higher than the highest permanent grade held.

4. 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 promotional potential.

5. Reinstatement of a former VA employee to a position which is the higher-graded successor to a position he/she previously held. Such reinstatements may be made non-competitively when classification of the successor position is based on the establishment of a new position classification standard or the revision of a position classification standard.

6. A position change permitted by reduction-in-force regulations.

7. Consideration or selection of :

a. Disabled veterans under 5 CFR 315.604

b. Disabled veterans under 5 CFR 315.707

c. Cooperative education students (FPM Chapter 308)

d. Veterans Readjustment Appointments under 5 CFR 307.

e. Severely handicapped appointments under 5 CFR 213.3102 (u) and (t).

f. Schedule A & B Excepted Appointments

g. Any other noncompetitive action authorized by law or existing government-wide regulation.

E. Additional procedures for noncompetitive details and reassignments are described in Article _______.

Section 8 - Vacancy Announcements and Areas of Consideration

A. All positions to be competitively filled in the bargaining unit by actions covered by this Article shall be posted unless filled under Section 7 which provides for exclusions from coverage. For the same type of vacancy (title, series, and grade), a certificate may be used for up to ninety (90) days to refer candidates without re-announcing the vacancy.

B. Prior to considering candidates from outside the AFGE bargaining unit, the Employer agrees to first consider internal candidates for selection.

C. Areas of Consideration:

The areas of consideration will be:

FIRST - Facilitywide (including satellites) except:

1. This area may be made more narrow or expanded through mutual agreement.

2. Where evidence suggests that the area of consideration is not expected to produce at least three qualified candidates, it may be expanded. The vacancy announcement will identify the expanded area of consideration.

3. For VA Headquarters unit positions, GS-12 and above, the area of consideration may be expanded.

However, in all cases, (1, 2, and 3 above), first and full consideration shall be given to any best qualified candidates within the facility (or more narrow area).

SECOND - Any other promotion candidate - or candidate required to compete - from other VA facilities.

THIRD -

1. Reassignments/demotions to positions with higher known promotion potential.

2. Reinstatements to positions at a higher grade or with higher known potential.

3. Transfers to positions at a higher grade or with higher known potential.

D. Consideration of VA employees as promotion or promotion-potential candidates outside the normal area of consideration for positions covered by this article will be considered as follows:

The employee can submit an application and supporting attachments, designated on the form, to the appropriate Human Resources Management (HRM) Office. The applicant should indicate thereon the specific position or types of positions, and location(s) for which he wants to be considered. To ensure full consideration, employees should include on their applications information relevant to the assessment criteria for the position in which they may be interested. In order to be considered for a particular vacancy, the employees must have the form on file with the HRM Office prior to closing of the announcement.

E. Consideration of VA Candidates for Reinstatement. When consideration is given to a former VA employee applying for reinstatement, noncompetitive referral will initially be made for: (a) positions at the last grade, (b) a position which is the higher-graded successor to a position he/she previously held, and (c) positions at any higher grade(s) the employee held permanently if the employee was not demoted or separated for cause from the higher grade. However, if vacancies do not exist at these grades, if requested by the employee, referral may be made to a lower-graded position. Last grade is defined as the grade of the last position held under a non-temporary appointment for reinstatement candidates. If applicants accept referral to the lower-level position, they must sign a statement that they fully understand and accept the referral. However, employees will also be informed that they do not have to accept a lower position in order to be reinstated. Consideration for bargaining unit positions above the last grade permanently held must be competitive.

F. Information on Vacancy Announcements.

Vacancy announcements will include, at a minimum:

1. Statement of nondiscrimination;

2. Announcement number and opening and closing dates;

3. Position number(s), title(s), series, and grade(s);

4. Number of vacancies to be filled;

5. Promotional test to be used, if any; and, where applicable, positions in the "same-line-of-work";

6. Geographic and organizational location;

7. Time-in-grade requirements, if any;

8. Area of consideration;

9. Summary of qualification requirements and duties for the position;

10. Hours of work and/or the availability of alternative work schedule options;

11. If appropriate, a statement that the vacant position is a trainee position leading to a noncompetitive promotion and conditions for promotion;

12. Permanent or temporary nature and duration, if temporary;

13. Filing instructions;

14. Name and telephone number of the personnel specialist or other individual to contact for specific assessment criteria and other information relating to the announcement; and

15. The HRM office or the address where the application is to be submitted.

The Department agrees to standardize VA vacancy announcements to the extent feasible.

G. Announcing Career Ladder Vacancies and Vacancies Covered by Training Agreements.

Career ladder vacancies and vacancies covered by training agreements may be announced at any or all grades. The Union will be provided with written notice of any changes in the posting of these announcements, prior to being posted.

H. Posting and Distribution of Vacancy Announcements.

The Department agrees to provide a copy of vacancy announcements to the appropriate Union the time of or prior to postings: vacancy announcements will be provided to the appropriate Union. In addition, the job analysis, without the rating guide, will be provided to the Union within the area of consideration. The Department agrees to post vacancy announcements within the area of consideration and to make copies available to employees, upon request, in accordance with the following:

1. Individual vacancy announcements will remain open and posted for fifteen (15) workdays.

2. Open continuous announcements will remain posted at all times. When it has been determined that an open continuous vacancy will be filled, the cut-off notice will be posted in order for all interested employees to apply.

3. Scheduled Employee Absence of three (3) Weeks or Less: Employees temporarily absent on approved leave, detail, at training courses, or on official business, for periods not to exceed three (3) weeks may, upon their return, review position vacancies announced and closed during their absence, and make application for such vacancies in which they are interested. Such late applications must be submitted within three (3) workdays after return to duty and must be accompanied by a statement prepared and signed by the employee and also signed by his/her supervisor explaining the dates and reason(s) for the employee's absence. Employees filing delayed applications under this provision will be considered only for those vacancies for which a best-qualified list has not yet been prepared.

I. Amending Vacancy Announcements.

If a vacancy announcement has been posted and is later found to contain a substantial error concerning items listed in Section 8F then the announcement will be amended if the selecting official still intends to fill the position under the competitive process. The amendment should cite the change(s) and indicate whether or not the original applicants need to refile in order to be considered.

J. Vacancy Announcement/Locating Candidates.

The Union and each applicant will be notified in writing if an announcement is canceled and will be provided with a reason for the cancellation. However, such cancellations will not be used to compromise merit promotion principles.

Section 9 - Knowledge, Skills, Abilities, and Other Characteristics

A. Definition:

KSAO stands for knowledge, skill, ability and other characteristics.

B. The parties agree that KSAOs developed for all current and future unit positions, and changes and modifications thereto, will be fair, job-related, applied equitably and uniformly, and established in accordance with law, higher authority rules and regulations, and this Agreement.

C. Changes to Established KSAOs:

KSAOs will be established by a panel which will conduct job analysis and other prescribed duties. The panel will normally include a bargaining unit employee chosen with the concurrence of the Union. Absent mutual agreement, Management will appoint panel members following discussions with the Union and informing the Union of the reason for its decision. Informational copies will be provided to the Union as part of the vacancy announcements. If KSAOs for specific positions (i.e., position numbers) are changed after their initial establishment and used in a promotion action, the newly developed KSAOs will be sent to the Union in advance of any future vacancy announcements and handled by the parties in accordance with their bargaining obligations under Chapter 71, Title 5 USC.

D. Procedures:

1. KSAOs will be developed by:

a. Identifying the major tasks/duties of the position through a job analysis based on information contained in the position description, Career Ladder Plan, qualification standards, and/or classification standards and

b. Identifying the worker characteristics and demonstrated abilities (KSAOs) needed to perform the job.

2. KSAOs are defined as follows:

Knowledge: A body of learned information used directly on the job.

Skill: A present competence to perform a skill, unlike an ability, involves observable, quantifiable, and measurable performance parameters such as typing and pipefitting.

An ability is the power to perform an activity at the present time. An ability is evidenced by the performance of some activity or work and should not be confused with an aptitude which is only a potential for performing an activity. An aptitude cannot be determined or measured by information in applications.

Other Characteristics must be directly observable or measurable and job-related.

3. For each announced vacancy in the bargaining unit, not less than three (3) and not more than eight (8) KSAOs will normally be identified.

a. KSAOs shall be measurable (degree of possession can be discerned) and reasonable (some candidates can be expected to possess them). Any KSAOs which do not meet these criteria will be dropped.

b. The KSAOs developed will be reviewed to determine which ones are critical to successful job performance. These KSAOs (at least two) will be designated as selection factors.

c. Task examples shall be developed for each KSAO. The task examples shall be derived from, and consistent with, the official position description of record. Task examples shall be identified in the vacancy announcement and fully documented and made part of the merit promotion package.

Section 10 - Panel for Competitive Action

A. Panel Membership Requirements - Subject to Section 10C., panels will be established for all competitive actions. Panel members shall be instructed in the tasks necessary to perform the panel's function.

Panels for bargaining unit positions will include two (2) bargaining unit employees chosen with the concurrence of the Union. Absent mutual agreement, Management reserves the right to appoint panel members following discussions with the Union and informing the Union of the reasons for its decision.

The parties recognize that some competitive actions may require larger or smaller panels. The Department may determine the necessary panel size.

Panel members will not be in competition for the vacancy(s) and must be at least the same grade or higher, if possible, than the vacancy to be filled.

A relative of an applicant may not serve on the panel.

Members of the panel should be familiar with the job requirements of the position(s) being filled.

B. Panel Information - The Department will provide the promotion panel with all of the necessary information for completing its function.

C. Panel Responsibilities - The Panel will:

1. Apply evaluation criteria to ensure that a well-qualified candidate is selected:

a. When there are eight (8) or fewer (nine (9) for two (2) vacancies, ten (10) for 3, etc.) or fewer qualified promotion candidates, they will be referred in order of entry on duty date at the current VA facility to the selecting official for consideration without rating and ranking.

b. When there are more than eight (8) qualified promotion candidates in the first area of promotion consideration, a Panel shall be convened.

c. Promotion candidates from outside the first area of promotion consideration shall be rated by the Panel if the candidates from the first area were rated and ranked.

d. The panel will evaluate each application in order to ascertain the relevancy of the candidate's background (including but not limited to work experience, awards, training, outside activities, etc.) to the KSAOs. Candidates will be evaluated on the extent to which they possess the KSAOs relevant to the position being filled. This assessment will be based on the applicant's description of the proportion of time spent performing relevant activities, the complexity of the activity, identifiable results, level of contacts involved in performing the work, or the scope of responsibilities and duties performed.

In making this evaluation, the task examples should not be taken as the only types of evidence which demonstrate possession of a KSAO.

2. Determining the Best Qualified List for Referral:

a. First Area of Promotion Consideration.

(1) The evaluation panel will review the listing of ranked promotion candidates to determine whether a meaningful break is present. The meaningful break is where:

(a) The lowest ranking candidate above the break should be able to perform the job with substantially equal success as all candidates with higher scores, and

(b) The highest ranking candidate below the break should not be able to perform with substantially equal success as those above the break.

(2) Promotion candidates above the break will be placed on the best qualified list for referral. If there is no break and/or there are too many candidates above the break, the eight (8) highest ranking candidates will constitute the best qualified list and be referred in order of their entry on duty date at the facility.

b. In order to be referred, candidates who have to compete under the procedures of this Article and who are outside the facility shall have a rating equal to or better than the meaningful break or cutoff established by the promotion candidates within the first area of promotion consideration.

c. Length of service with VA shall serve as a tie breaker where one is necessary.

d. A copy of any referral list forwarded to a selecting official will be provided to the Union.

D. Multiple Grade Levels or Locations

If an announcement pertains to more than one grade level or geographic location, a separate list of eligible persons will be developed for each grade level and location.

E. Documentation - The panel will document working notes. Notes may be annotated on worksheets used by the panel. The notes will serve as reference material to document the process by which the decision was made.

F. Confidentiality - The results of the panel's actions will be treated confidentially and in accordance with provisions of the Privacy Act.

G. Decisions - The panel will make its decision(s) by consensus

Section 11 - Sources of Information on Candidates

A. Any awards the applicants have received must be considered by the selection panel but only to the extent they are relevant to the rating factors/job elements for the position being filled.

B. Once applications are received and the selecting panel convened, no other information on a candidate may be gathered unless with the approval of the panel.

C. VA Form 5-46-76a, Employee Supplemental Qualifications Statement, is to be used, and it will be the primary source document used to evaluate qualifications and to rate and rank candidates.

1. Employees are responsible for giving complete and accurate information and for submitting VA Form 5-4676a by close of business on the seventh calendar day after the closing date of the vacancy announcement. If the panel has not yet been convened, late supplementals will be accepted for bona fide reasons. If the form is not submitted within that time, the panel will consider only the information available from other sources described in this section.

2. The SF-171, Personnel Qualifications Statement, may also be reviewed if available.

D. Interviews - If interviews are used, they must be job-related, reasonably consistent, and fair to all candidates. Also, if interviews are used, all candidates must be interviewed if reasonably available, in person or by telephone where circumstances warrant. If more than one management official are conducting the interview, a union representative may be present upon the employee's request.

Section 12 - Selection

A. In the event of unanticipated vacancy(s) in the same position and location as the posted vacancy occurring within ninety (90) days of the selection, the selecting officer may make additional selections from the well-qualified candidates selected from the original vacancy announcement.

B. When a selection has been made, the Department will arrange a release date, notify the employee, and ensure that the appropriate personnel forms are processed. The effective date of a promotion action, other than promotion within a career ladder, will be the first day of the pay period in which the employee is scheduled to report. If an employee has been selected for promotion, has accepted the offer, and a reporting date has been established, and the resultant request for personnel action (SF-52) is not timely received and/or acted upon by the appointing official, the action shall be made retroactive to the reporting date.

C. Employees selected for career ladder positions will be promoted to the next higher grade level at the beginning of the first pay period after selection, provided time in grade and any other legal promotion requirements are met.

D. Management recognizes that it is important for maintaining high morale to try to select from within the facility when the candidates are equally qualified to those candidates available from outside sources. Thus, management will agree to look closely at the relative qualifications of candidates from outside and within and shall exercise good faith in the selection.

E. If the vacancy is one for which an under-representation exists and is a targeted occupation as identified in the Affirmative Employment Plan, and there are well qualified candidates whose selection would reduce the under-representation, then the selection official will give serious consideration to those individuals.

Upon request, the Union will be provided with a written reason for selecting an outside candidate.

Section 13 - Priority Considerations

A. Definition - For the purpose of this article, a priority consideration is the bona fide consideration for noncompetitive selection given to an employee as the result of a previous failure to properly consider the employee for selection because of procedural, regulatory, or program violation. Employees will receive one priority consideration for each instance of improper consideration.

B. Processing - The procedures for processing a priority consideration shall be:

1. Employees will be notified in writing by the authorized management official of entitlement to each priority consideration. Such notice will advise employees that if a vacancy is announced and posted and the employee wishes to exercise his/her priority consideration, the employee should submit the necessary application to HRMS with a written request that he/she wishes priority consideration for the vacancy.

2. Priority consideration is to be exercised by the selecting official at the option of the employee for an appropriate vacancy. An appropriate vacancy is one for which the employee is interested, is eligible, and which leads to the same grade level as the vacancy for which proper consideration was not given.

3. Prior to the evaluation of other applicants, the name(s) of the employee(s) requesting to exercise priority consideration will be referred to the selecting official. The selecting official will make a determination on the request prior to evaluating other applicants.

4. The fact that the employee chooses to exercise a priority consideration does not preclude that employee from also filing an application through the regular posting process.

C. Union Notification - In order to assure compliance with this section, the Union will be furnished statistics on priority considerations granted and exercised and the results. Statistics will be kept and provided to the Union on a quarterly basis. The Union will also be notified in writing of each individual priority consideration completed.

Section 14 - Special Consideration

Employees who were downgraded without personal cause (i.e., where the downgrade was not due to misconduct, inefficiency, or at the employee's own request), may be eligible for special consideration. Re-promotion may be made to a grade previously held on a non-temporary basis or to an intervening grade. This applies only when the employee was downgraded in the Department and the re-promotion is to a grade formerly held in the Department.

Employees under this provision will receive a special consideration for each grade for which they were demoted or downgraded.

Section 15 - Keeping Employees Informed

A. Employees who apply for and inquire about a specific promotion action will be given the following information by the personnel office or the selecting official:

1. Whether they met the minimum qualification requirements,

2. Whether they were in the group from which selection was made,

3. Who was selected, and

4. Upon request, the selecting official shall provide a verbal statement of the reason(s) why the employee was not selected and/or a written statement regarding what areas, if any, he/she should improve to increase his/her changes for future selection.

B. Upon request, an employee will be shown any record of production or any supervisory appraisal of past performance which has been used in considering him/her for promotion. An employee is not entitled to see records on another applicant unless he/she is the selecting official, a member of the selection panel, or otherwise officially involved in the promotion process, or he/she has the written consent of the subject of the record or is an agency official with a need to review the record.

However, an employee and/or the Union shall have access, consistent with law, governmentwide rule, or regulation, to all pertinent records used in the process of filling vacancies which are requested for the purpose of process or filing a grievance, EEO complaint, or other appeal.

Section 16 - Union Review of Competitive Actions

A. The Union will be permitted to conduct audits of promotion packages for all bargaining unit positions when it has reason to believe a discrepancy exists or when requested to do so by an employee.

B. The Union will provide the Department with the names of the Union representatives who are responsible for conducting audits. Any changes to the list of designated representatives will be sent to the Department in writing. The representative designated to conduct the audit will not have been an applicant for the promotion package being audited.

C. If the employee chooses to use the Union procedure, he/she must make a written request to the Union within 15 working days after the selection is posted on the biweekly promotion listing. A Union request under Subsection (A) above must be made within the same time limits.

D. The designated management official responsible for the package will make the pertinent records from the package available to the Union auditor within seven (7) working days of receipt of the audit request. An auditor shall treat information confidentially and review it in HRMS in the presence of a management official.

E. If, during the course of the audit, additional information is determined to be necessary, such information shall be secured from HRMS.

F. Employees who elect to use the grievance procedure rather than the Union audit procedure must initiate action in accordance with Article _____ , Grievance Procedure.

Section 17. Reopener: The parties agree to a reopener of this article due to pending PAY VA issues. This reopener applies only to those sections which would be directly affected by the PAY VA issue unless mutually agreed upon by the Parties. Either party wishing to reopen must give written notice thirty (30) days prior to bargaining.