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OPM | RIN: 3206-AO52 | Publication ID: Fall 2023 |
Title: Time-Limited Promotions | |
Abstract:
The Office of Personnel Management (OPM) is issuing a proposed rule to clarify that bargaining-unit employees who are detailed or temporarily promoted to higher grade duties of a higher-graded position should be paid appropriately for performing these duties, when ordered by an arbitrator, administrative body, or court, under a collective bargaining agreement and the employees were assigned these duties outside of competitive hiring procedures. Similarly, the proposed rule clarifies that non-bargaining unit employees should also be paid appropriately for performing these duties if ordered by an administrative body or court. At present, non-competitive temporary promotions and non-competitive details to duties of higher-graded positions are limited to no more than 120 days under OPM regulations regardless of the bargaining-unit status of the employee. 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. OPM’s decision to issue this proposed rule was informed by petitions from the National Treasury Employees Union and the National Federation of Federal Employees. |
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Agency: Office of Personnel Management(OPM) | Priority: Other Significant |
RIN Status: Previously 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 |
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Timetable:
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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 Employee Services Office of Personnel Management 1900 E Street NW, Washington, DC 20415 Phone:202 606-2930 Email: employeeaccountability@opm.gov |