OPM has withdrawn its rule that would have eliminated the time-in-grade regulations.

 August 11, 2009

M E M O R A N D U M

TO:  Chapter Presidents

RE:  OPM Reverses Course and Retains Time-in-Grade Rules

SUMMARY:  As urged by NTEU, OPM has withdrawn its rule that would have eliminated the time-in-grade regulations.

 In earlier chapter presidents memoranda (dated November 12, 2008; February 9, 2009; March 5, 2009), I described for you our on-going dispute with the Office of Personnel Management over its proposal to abolish the time-in-grade regulations.  In the waning days of the Bush Administration, OPM promulgated a rule eliminating the time-in-grade waiting period for promotions, effective March 9, 2009.  In February 2009, however, NTEU submitted a formal request that OPM delay the effective date to give the new Administration time to consider objections raised by NTEU and others.  OPM agreed to that request, postponing the effective date to May 18, and then until August 16, 2009.

 OPM has now published a final rule withdrawing the rule that would have eliminated time-in-grade.  74 Fed. Reg. 40057 (August 11, 2009).  OPM is taking this step because, it says, “it would be more productive to consider the merits of the time-in-grade issue as part of a more comprehensive review” of civil service rules.  This outcome is consistent with NTEU’s view that any systemic change to the civil service rules must be undertaken in a more measured fashion, in consultation with the unions and other stakeholders. 

The time-in-grade rules had been in effect since 1952, and had served as a useful objective measure of qualification for promotion.  OPM had proposed to permit promotions upon a subjective assessment of an employee’s skill and readiness for higher graded work.  NTEU pointed out that, while this might work to the advantage of some employees, the institution of an entirely subjective process opened the door wide to abuses.  NTEU cautioned that employees would be vulnerable to disparate treatment based on personal favoritism, nepotism, or discriminatory action.  Without safeguards in place, the risks far outweighed the advantages to employees.  OPM’s decision to leave the time-in-grade rules in place, at least for the present, acknowledges that reality.

OPM has signaled its intent to work with NTEU and other labor organizations as it undertakes a more comprehensive review of pay, performance, and staffing issues, the broader issues of which time-in-grade is just one component.  I look forward to providing NTEU’s perspective to the Administration. 

                             Colleen M. Kelley

                             National President