View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

OPM RIN: 3206-AO52 Publication ID: Fall 2023 
Title: Time-Limited Promotions 

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.

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
Action Date FR Cite
NPRM  01/00/2024 
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