[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Rules and Regulations]
[Pages 15285-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7789]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 61 / Wednesday, March 31, 1999 /
Rules and Regulations
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 316
RIN 3206-A145
Temporary and Term Employment
AGENCY: Office of Personnel Management.
ACTION: Final regulation.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to allow for the possibility for promotion of employees
appointed as Worker-Trainees under TAPER appointments through grade GS-
4, WG-5, or equivalent grades in the Federal Wage System.
EFFECTIVE DATE: April 30, 1999.
FOR FURTHER INFORMATION CONTACT: Diane Tyrrell on 202-606-0830, FAX
202-606-2329, or TDD 202-606-0023.
SUPPLEMENTARY INFORMATION: On November 18, 1998, [63 FR 64008] OPM
published proposed regulations and received comments from six Federal
agency headquarters, six agency components, one employee organization,
and one individual. Following is a summary of the regulatory provision
and the relevant comments.
Providing Added Advancement Opportunity for Individuals Hired as
Worker-Trainees Under the TAPER (Temporary Appointment Pending the
Establishment of a Register) Authority
We proposed to raise the maximum grade level for promotion to the
GS-4, WG-5, or equivalent in the Federal Wage System, for employees who
are serving as Worker-Trainees under the TAPER authority. In response
to this proposal, one agency component suggested that the opportunity
for advancement be increased to the GS-5 level, and one agency
headquarters suggested that there be no limitation on the grade level
to which these employees may be promoted. These possibilities were
considered during the development of the proposed regulatory change.
Because these are trainee positions requiring minimal or limited
skills, it would be inappropriate to permit promotions beyond the GS-4
and WG-5, or equivalent, as those levels do not reflect trainee level
work. We have, therefore, not adopted these suggestions.
One agency component suggested that this regulatory provision be
amended to permit initial appointments under the program be made up to
the GS-3, and WG-4, or equivalent level in the Federal Wage System.
This suggestion is not consistent with the intent of the Worker-Trainee
program. This program is designed to provide a simple process to allow
individuals with limited skills the opportunity to qualify and apply
for positions in the Federal government. Those individuals who do
possess skills which qualify them for higher level positions should be
recruited using traditional competitive recruitment methods. We have
not adopted this suggestion.
One agency requested that the regulatory change include a
``grandfather clause'' to enable those employees who are already
employed under this program to be covered by this change. All employees
serving as Worker-Trainees under the TAPER authority will be subject to
the changes that are implemented in the final regulation. A grandfather
clause is, therefore, unnecessary since all employees employed under
the program would receive coverage under the regulatory change.
One agency component suggested modification of the Student
Temporary Employment Program Authority which the agency has used in
appointing welfare recipients under the President's Welfare to Work
initiative. This request is outside the scope of this proposal.
One employee organization and one individual commenter expressed
similar concerns about providing added advantage to those hired under
the worker-trainee program as opposed to other employees who have not
been afforded the same benefits. Their specific concern was with regard
to the recruitment method and the perception that unfair advantage had
been given to those hired under this program while involuntarily
separated federal employees had not been given the same priority in
hiring. These commenters also stated that they believe agencies created
positions to be filled under this initiative and that the result of
this regulation will be to provide additional advantage in the
promotion process. They believe these program aspects provide added
benefits that other employees do not have. In addressing these
concerns, we would like to point out that recruitment for positions
under the welfare to work initiative has been accomplished through
typical recruitment methods. Federal regulations require the
application of displaced employment program procedures as well as
veterans preference in the recruitment process, thus providing the
opportunity for involuntarily separated federal employees and veterans
to receive the same priority and preference in the hiring process as
they do for any other position. Positions filled under the worker-
trainee program are primarily the result of reengineering existing
positions, rather than creating new ones, thus allowing recruitment at
lower levels in order to provide experience and training which will
help to prepare these employees to perform the higher level duties and
to qualify for consideration for promotion. This is the same process
that is used when hiring employees into most entry level clerical and
trainee positions which have promotion potential to higher grade levels
and, therefore, subjects them to the same promotion process. The
additional concerns that were raised by these commenters regarding the
receipt by worker-trainees of benefits from outside sources and the
benefits entitlements of employees under temporary versus TAPER
appointments are outside the scope of this proposal.
After considering all of the comments, we believe our original
proposal represents a reasonable compromise. Therefore, the final
regulation will allow promotion of Worker-Trainees under the TAPER
authority to be made up to the GS-4, WG-5 or equivalent level in the
Federal Wage System.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities
[[Page 15286]]
because the regulation pertains only to Federal employees and agencies.
List of Subjects in 5 CFR Part 316
Government employees.
Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending part 316 of title 5, Code of Federal
Regulations, as follows:
PART 316--TEMPORARY AND TERM EMPLOYMENT
1. The authority citation for part 316 continues to read as
follows:
Authority: 5 U.S.C. 3301, 3302: E.O. 10577, (3 CFR 1954-1958
Comp. Page 218).
2. Section 316.201 paragraph (b) is revised to read as follows:
Sec. 316.201 Purpose and duration.
* * * * *
(b) Specific authority for Worker-Trainee positions. Agencies may
make TAPER appointments to positions at GS-1, WG-1, and WG-2 and may
reassign or promote the appointees to other positions through grade GS-
4, WG-5, or equivalent grades in the Federal Wage System consistent
with Sec. 330.501 of this chapter. Agencies are authorized to reassign
or promote worker-trainees under this authority.
[FR Doc. 99-7789 Filed 3-30-99; 8:45 am]
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