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OPM RIN: 3206-AO52 Publication ID: Spring 2023 
Title: ●Time-Limited Promotions – Impact of Collective Bargaining Agreements  
Abstract:

The Office of Personnel Management (OPM) is issuing a proposed rule to clarify that bargaining unit employees detailed or temporarily promoted to a higher grade, or who perform higher graded duties assigned by the agency, should be paid appropriately for the entire time performing these duties if a collective bargaining agreement requires employees be paid for performing higher graded duties and employees have been assigned these duties outside of competitive hiring procedures. Current regulations prohibit employees from being appropriately paid for higher-graded duties performed in excess of 120 days and assigned without competition. As a result, the principle of equal pay for equal work is absent and bargaining unit employees are unable to have meaningful recourse through their negotiated collective bargaining agreement.

 
Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 5 CFR 335   
Legal Authority: 5 U.S.C. ch. 71    5 U.S.C. 3301    5 U.S.C. 3302   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Tim Curry
Workforce Policy and Innovation
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-2930
Email: employeeaccountability@opm.gov