Fill bargaining vacancies within an installation by promotion, reassignment, change to lower level, or conversion to career of the successful bidder or applicant. You must consider the following policies:
An employee bidding on or applying for a bargaining position must meet the current entrance examination requirements. The following substitution rules are in effect with regard to qualifying examinations:
- Demonstrated work performance. Career employees who hold or have held any position for a minimum period of 1 year for which Battery Examination 473 is the examination requirement are deemed as meeting the examination requirement when they apply for another Battery Examination 473 position. When reviewing the qualifications of an employee who requests a reassignment, change to a lower level, or promotion to a position for which Examination 473 is required, the employee’s history is reviewed to determine if he or she has the requisite demonstrated work performance for the substitution. If the employee possesses the minimum period of 1 year of service in an Examination 473 position, then the employee meets the Examination 473 requirement and no further inquiry about the examination requirement should be made.
- Obsolete examinations. Examinations 400, 440, 450, 710 (when it was given for Markup Clerk, Automated Only), 470 (Group 1), and 470 (Group 2) are obsolete. However, a career employee bidding on or applying for a bargaining position who qualified on an old examination is permanently qualified for the position(s) covered by that examination.
- Clerk craft interlevel bidding. See current Memorandum of Understanding in American Postal Workers Union National Agreement for bidding without regard to entrance examination of position being bid. Bidders or voluntary transferees must meet all other provisions of the relevant qualification standard.
Senior qualified positions are those awarded to the senior qualified, eligible bidder. Best qualified positions are those awarded to the applicant whose total qualifications, rated against the job requirements, best meets the qualifications for the position as determined by management. Bargaining qualification standards are available on the Postal Service Intranet.
A medical assessment for internal bidders and applicants is administered only when the physical requirements for the new position are more demanding than the physical requirements for the old position. However, no such assessment is required if an employee is being reassigned from another installation to the identical position in the new installation.
The Maintenance Selection System (MSS), which is described in Handbook EL–304, Maintenance Selection System, is designed to ensure the selection and promotion of maintenance personnel through a uniform application of position qualification requirements.
Reserved.
When the appointing official cannot fill a vacancy through the internal placement of employees, the appointing official can post the vacancy externally on http://about.usps.com/careers/welcome.htm (see Chapter 4).
Applications are accepted and processed through the Postal Service’s online application management system. In addition, appointing officials:
- May use additional recruitment activities to attract qualified applicants.
- May fill bargaining and nonbargaining vacancies using the noncompetitive sources listed in 233.33 through 233.39, as appropriate and in accordance with the applicable national agreement.
A competitive appointment is when a selection is made from applicants who respond to an announcement posted on http://about.usps.com/careers/welcome.htm. Current career postal employees, regardless of position or location, are ineligible for selection for externally announced vacancies. Current noncareer employees are eligible to apply and compete for externally-announced vacancies.
The Postal Service may fill a career position by reinstatement, which is the noncompetitive appointment of an individual with reinstatement eligibility. Exception: See 232.52, Positions Restricted to Applicants Eligible for Veterans’ Preference.
- A career position can be filled by reinstatement under 233.331 through 233.334 without first posting an external vacancy announcement since this is a noncompetitive appointment.
- The applicable procedures in Management Instruction EL-500-2010-4, Contracting With Individuals or Rehiring Into Career Nonbargaining Positions, must be complied with in respect to reinstatement of an individual.
- A displaced federal employee, as defined by the Office of Personnel Management’s regulations, has reinstatement eligibility if he or she meets the requirements of 233.332 through 233.334. However, a displaced federal employee does not have a right to priority selection to any career position in the Postal Service.
- An individual with reinstatement eligibility who is not reinstated to a career position under 233.331 through 233.334 may be appointed to that position on some other noncompetitive basis or on a competitive basis.
An individual has reinstatement eligibility if he or she meets one of the following two service requirements stated in items a. or b.; the requirements of 233.333; and any applicable requirements of 233.334:
- The individual previously served for any period of time in career appointment(s) in the Postal Service.
- An individual is ineligible for reinstatement if his or her previous service was only in noncareer appointment(s) in the Postal Service.
- Examples of current and past Postal Service noncareer appointment types:
- Temporary employee;
- Transitional employee;
- Casual employee;
- Postal support employee;
- Temporary relief carrier;
- Rural carrier associate;
- Rural carrier relief;
- Substitute rural carrier;
- Auxiliary rural carrier;
- City carrier assistant;
- Mail handler assistant;
- Postmaster relief/leave replacement;
- Postmaster relief (Remotely Managed Post Office); and
- Postmaster relief (Part Time Post Office).
- The individual previously served for any period of time in other federal entities in career-conditional or career appointment(s) in the competitive service.
- Individuals hired into a permanent position in other federal entities are hired under one of the following three types of appointments:
- Competitive service appointment.
- Most individuals hired into the competitive service are appointed under a career-conditional appointment and converted to a career appointment after serving 3 years of substantially continuous, creditable service.
- In limited cases, individuals are hired into the competitive service directly under a career appointment rather than under a career-conditional appointment.
- Excepted service appointment.
- Senior Executive Service (SES) appointment.
- An individual who previously served in only excepted service and/or SES appointment(s) in other federal entities is ineligible for reinstatement to a career position in the Postal Service.
- Many non-postal federal entities have a combination of competitive service, excepted service, and/or SES appointments.
- Some non-postal federal entities have only excepted service appointments, while some have component(s) that have only excepted service appointments.
- Exhibit 233.34 contains a partial list of non-postal federal entities and components that have only excepted service appointments.
- The type of appointment under which an individual served in another federal entity is often indicated on the records documenting the individual’s appointment, e.g., the Standard Form 50, Notification of Personnel Action, used by many other federal entities.
In order to have reinstatement eligibility for a particular career position, an individual must meet all of the qualification requirements for the position, including any examination(s).
Even if an individual meets the requirements in 233.332 through 233.333, there may be a time limit on his or her reinstatement eligibility, depending on the following factors:
- Veterans’ preference eligible: no time limit on reinstatement eligibility. There is no time limit on reinstatement eligibility of an individual who is veterans’ preference eligible.
Note: For the purpose of reinstatement eligibility, an individual is considered to be veterans’ preference eligible if he or she meets the statutory and regulatory requirements for veterans’ preference eligibility status on or before the effective date of reinstatement. The individual need not have met those requirements on the effective date of his or her separation from the last career appointment in the Postal Service or last competitive service appointment in another federal entity upon which reinstatement eligibility is based.
- Non-veterans’ preference eligible:
- With 3 or more years of substantially continuous creditable service: no time limit on reinstatement eligibility.
There is no time limit on reinstatement eligibility of an individual who is non-veterans’ preference eligible but previously completed 3 or more years of substantially continuous (i.e., no break in service of more than 3 calendar days) creditable service in:
- Postal Service career appointment(s);
- Competitive service appointment(s) in other federal entit(ies); or
- A combination of paragraphs (a) and (b).
- Without 3 or more years of substantially continuous creditable service: 3-year time limit on reinstatement eligibility.
An individual who is non-veterans’ preference eligible and who does not meet the 3 or more years of substantially continuous creditable service requirement stated in paragraph 233.334b.1 has reinstatement eligibility for only the 3 years following the date of his or her separation from the following:
- The last career appointment in the Postal Service upon which reinstatement eligibility is based; or
- The last competitive service appointment in another federal entity upon which reinstatement eligibility is based.
In addition to reinstatement under 233.331 through 233.334, a former Postal Service career nonbargaining employee may be reinstated (i.e., noncompetitively appointed) to certain positions under certain conditions following a reduction in force (RIF)-related separation under the provisions set forth in Employee and Labor Relations Manual (ELM), 354.27, Establishing a Reinstatement List.
- The applicable procedures set forth in Management Instruction EL-500-2010-4, Contracting With Individuals or Rehiring Into Career Nonbargaining Positions, also must be complied with in respect to this type of reinstatement.
- A former Postal Service career nonbargaining employee who is not reinstated under ELM 354.27 to a position following a RIF-related separation may be appointed to that position on some other noncompetitive basis or on a competitive basis.
An individual who separated from the Postal Service or another federal entity and is receiving an annuity under the Civil Service Retirement System (CSRS) or Federal Employees’ Retirement System (FERS) may be, as applicable:
- Reinstated to a career position under 233.331 through 233.334, except as limited therein;
- Reinstated to a position under 233.335, except as limited therein; or
- Otherwise reemployed by competitive appointment or noncompetitive appointment in any career position for which he or she meets all of the qualification requirements for the position, including any currently-required examination(s) (see also 233.38). Exception: See 232.52, Positions Restricted to Applicants Eligible for Veterans’ Preference, for certain positions usually restricted to veterans’ preference eligible applicants when filled from external recruitment sources.
Exception: Individuals who separated from the Postal Service or other federal entity and are receiving an annuity under the CSRS or FERS special provisions for law enforcement officers cannot after reaching the age of 60 be reinstated or otherwise reemployed in “primary” positions involving the actual performance of law enforcement duties. The applicable procedures set forth in the following policies also must be complied with in respect to reinstatement or other reemployment of a CSRS or FERS annuitant:
- 233.37, Reemployment of Annuitants; and
- Management Instruction EL-500-2010-4, Contracting With Individuals or Rehiring Into Career Nonbargaining Positions.
Each CSRS or FERS annuitant or other individual who may be or has been reinstated or otherwise reemployed under 233.331 through 233.336 is subject to the Postal Service’s eligibility and suitability screening process.
- USERRA
A current or former Postal Service employee may have reemployment rights to a career position under the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA), following completion of active duty in a uniformed service (see 77, Employment Restoration After Military Service).
- FECA
A current or former Postal Service employee may have reemployment rights to a career position under the Federal Employees’ Compensation Act, as amended (FECA), following recovery from a compensable on-duty injury (see Employee and Labor Relations Manual, 540, Injury Compensation Program, and Handbook EL-505, Injury Compensation).
The following policies govern whether an individual is required to serve a new probationary period or complete the remainder of his or her probationary period upon reinstatement or other reemployment to a career position:
- Reemployment under USERRA:
- 584, Employee Evaluation; and
- 77, Employment Restoration After Military Service.
- Reemployment under FECA:
- 584, Employee Evaluation;
- Employee and Labor Relations Manual, 540, Injury Compensation Program; and
- Handbook EL-505, Injury Compensation.
- Other reinstatement and reemployment under 233.331 through 233.336:
- 584, Employee Evaluation.
The Postal Service may choose to fill a career position by transfer, which is the appointment on a noncompetitive basis of an individual:
- Without a break in service of a single workday, and
- With transfer eligibility.
Exception: See 232.52, Positions Restricted to Applicants Eligible for Veterans’ Preference.
A career position can be filled by transfer without first posting a vacancy announcement externally since a transfer is a noncompetitive appointment.
Note: A displaced federal employee, as defined by the Office of Personnel Management’s regulations, has transfer eligibility if he or she meets the requirements of 233.342 through 233.343. However, a displaced federal employee does not have a right to priority selection to any career position in the Postal Service.
An individual has transfer eligibility if he or she is currently serving for any period of time in another federal entity in a career-conditional or career appointment in the competitive service and meets the requirements of 233.343.
Individuals hired into a permanent position in other federal entities are hired under one of the following three types of appointments:
- Competitive service appointment.
- Most individuals hired into the competitive service are appointed under a career-conditional appointment and converted to a career appointment after serving 3 years of substantially continuous creditable service.
- In limited cases, individuals are hired into the competitive service directly under a career appointment rather than under a career-conditional appointment.
- Excepted service appointment.
- Senior Executive Service (SES) appointment.
An individual who is currently serving in an excepted service or SES appointment in another federal entity does not have transfer eligibility to a career position in the Postal Service, even if he or she previously served in a federal entity in a career-conditional or career appointment in the competitive service.
Many non-postal federal entities have a combination of competitive service, excepted service, and/or SES appointments.
- Some non-postal federal entities have only excepted service appointments, while some have component(s) that have only excepted service appointments.
- Exhibit 233.34 contains a partial list of non-postal federal entities and components that have only excepted service appointments.
The type of appointment under which an individual served in another federal entity is often indicated on the records documenting the individual’s appointment, e.g., the Standard Form 50, Notification of Personnel Action, used by many other federal entities.
In order to have transfer eligibility for a particular career position, an individual must meet all of the qualification requirements for the position, including any examination(s).
Each individual who may be or has been transferred from another federal entity is subject to the Postal Service’s eligibility and suitability screening process.
The provisions of 584, Employee Evaluation, govern whether an individual is required to serve a new probationary period upon transfer to a career position from another federal entity.
Exhibit 233.34
Partial Listing of Non-Postal Federal Entities and Components That Have Only Excepted Service Appointments
An individual who previously served in only excepted service and/or Senior Executive Service (SES) appointment(s) in other federal entities is not eligible for reinstatement to a Postal Service career position (see 233.33). An individual who is currently serving in an excepted service or SES appointment in another federal entity is not eligible for transfer to a Postal Service career position, even if he or she previously served in a federal entity in a career-conditional or career appointment in the competitive service (see 233.34).
The following table is a partial list of non-postal federal entities and components that have only excepted service appointments. The type of appointment under which an individual served in another federal entity is often indicated on the records documenting the individual’s appointment, e.g., the Standard Form 50, Notification of Personnel Action, used by many other federal entities.
The types of dual employment in 233.352 through 233.353 are valid or invalid in the Postal Service as indicated.
An applicant working in the private sector may be dually employed as a career Postal Service employee, provided that the private sector job does not adversely impact postal operations or represent a conflict of interest. See ELM section 661.42, Conflicts of Interest — Employment.
A career civilian employee of another federal agency, except as provided below, may be employed as a career Postal Service employee, provided that the employee is available to work the hours of the postal position and meets one of the following conditions:
- Selected competitively for a career position from a Hiring List (see 233.31).
- Eligible for noncompetitive appointment (see 233.33, 233.34, 233.36, 233.37 or 233.39).
A civilian employee of another federal agency who is performing active military service at the time of consideration may be considered and selected, but not appointed to the Postal Service until the employee has been reemployed under the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) by the employee’s federal agency. The selected applicant may be transferred to the Postal Service only after completing all administrative requirements associated with reemployment by the employee’s agency, provided that the selected applicant meets suitability requirements at the time of appointment. If the selected applicant is not eligible for reemployment under USERRA, and is not reemployed by his or her agency following completion of military service, the selected applicant will be appointed in the Postal Service provided the applicant meets suitability requirements at the time of appointment.
A qualified applicant serving in the uniformed services, as defined in 38 U.S.C. § 4303(16), on active military duty, who is not a career civilian employee of another federal agency, may not be rejected for career employment wholly or in part because active duty prevents him or her from starting work on a particular date. The applicant may be selected for a career position and appointed following separation from active military service provided that the applicant meets suitability requirements at the time of appointment. Separation from active duty includes, for this purpose, the period when the applicant is on terminal or transitional leave and an unofficial or uncertified copy of DD Form 214, Certificate of Release or Discharge from Active Duty, has been provided and reviewed. All three military branches provide a separating service person with an unofficial or uncertified copy of the DD Form 214 or qualifying statement of service when they depart on terminal leave. This form reflects the character of service. After the separation date, the veteran receives the final certified copy of the DD Form 214.
Veterans with 30 percent or more service-connected disability are a noncompetitive source of recruitment to fill career and noncareer entry-level positions. This authority must not be used to fill rural carrier associate or career rural carrier vacancies, career positions filled through the Maintenance Selection System, or any data conversion operator position in remote encoding centers. Use of this authority is discretionary; no one is entitled to a 30 percent or more disabled appointment.
A veteran who is 30 percent or more disabled and is currently working as a casual or temporary employee may be considered for noncompetitive conversion to a career vacancy. This authority must not be used to fill career rural carrier vacancies, career positions filled through the Maintenance Selection System, or career data conversion operator positions in remote encoding centers. The veteran with 30 percent or more disabled status must have worked in the temporary appointment for at least 60 days and must meet the qualification requirements of the position, including any examination. Appointing officials may, but are not obligated to, administer examinations noncompetitively, if it is determined that applicants are otherwise suitable candidates. An eligible entrance or noncompetitive rating for the appropriate examination is acceptable.
When a current casual or temporary employee who is 30 percent or more disabled is not available, a former casual or temporary employee or other person who is 30 percent or more disabled may be given a direct career appointment.
The 30 percent authority applies to veterans who either:
- Retired from active military service with a disability rating of 30 percent or more, or
- Were rated by the Department of Veterans Affairs (VA) as having a compensable service-connected disability of 30 percent or more.
Eligibility for 30 percent or more disability must be determined by verifying the disability percentage and entitlement to veterans’ preference prior to giving a job offer.
A Veterans’ Recruitment Appointment (VRA) is a noncompetitive source of recruitment to fill career and noncareer entry-level positions. This authority must not be used to fill rural carrier associate or career rural carrier vacancies, career positions filled through the Maintenance Selection System, or any data conversion operator position in remote encoding centers. Use of the VRA authority is discretionary; no one is entitled to a VRA appointment.
A VRA eligible who is currently working as a casual or temporary employee may be considered for noncompetitive conversion to a career vacancy. The authority may not be used to fill career rural carrier vacancies, positions filled through the Maintenance Selection System, or career data conversion operator positions in remote encoding centers. The VRA eligible must have worked in the temporary appointment for at least 60 days and must meet the qualification requirements of the position, including any examination. Appointing officials may, but are not obligated to, administer examinations noncompetitively, if it is determined that applicants are otherwise suitable candidates. An eligible entrance or noncompetitive rating for the appropriate examination is acceptable.
When a current casual or temporary employee who is a VRA eligible is not available, a former casual or temporary employee or other person who is VRA eligible may be given a direct career appointment. When filling positions restricted to applicants entitled to veterans’ preference, VRA eligibles must also meet the requirements for veterans’ preference.
VRA eligibles do not necessarily meet the eligibility requirements for veterans’ preference. When there is more than one VRA candidate, applicants eligible for VRA with veterans’ preference must be considered in group order, as follows:
- Group 1. Veterans eligible for 10-point preference who have a compensable service-connected disability of 10 percent or more.
- Group 2. All other veterans eligible for 10-point preference.
- Group 3. Veterans eligible for 5-point preference.
- Group 4. Veterans not eligible for veterans’ preference.
VRA authority applies to veterans who were discharged or released from active duty service in the Armed Forces. To be eligible under this authority, an applicant must be one of the following:
- A disabled veteran.
- A veteran who served on active duty in the Armed Forces during a war, or in a campaign or expedition for which a campaign badge has been authorized.
- A veteran who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces Service Medal was awarded. (The Armed Forces Service Medal was established effective June 1, 1992, under Executive Order 12985 on January 11, 1996.)
- A recently separated veteran (eligible only during the 3-year period that began on the veteran’s date of discharge or release from active duty).
Eligibility for VRA must be verified prior to giving a job offer.
Note: Not all 5-point preference eligible veterans are eligible for a VRA appointment. For example:
- A veteran served during the Vietnam era (for more than 180 consecutive days after January 31, 1955, and before October 15, 1976) but did not (1) receive a service-connected disability, (2) an Armed Forces Service medal, or (3) a campaign or expeditionary medal. This veteran is entitled to a 5-point veterans’ preference, but is not eligible for a VRA appointment.
- A veteran served during the Gulf War from August 2, 1990, through January 2, 1992. This veteran is eligible for veterans’ preference solely on the basis of that service. However, the veteran’s service during that time period, in and of itself, does not confer VRA eligibility. In addition, the veteran must meet one of the four VRA eligibility criteria listed above.
Before a retired postal or other federal agency employee receiving an annuity from the Office of Personnel Management (OPM) under the Civil Service Retirement System or Federal Employees’ Retirement System may be reemployed, approval must be obtained from the district Human Resources manager for a district position, the area Human Resources manager for an area office position, or the vice president of Employee Resource Management for headquarters and headquarters–related units.
When an annuitant is reemployed, if the annuity continues, the amount applicable to the period of reemployment is offset, or reduced, from the reemployed annuitant’s salary. This offset is required by 5 U.S.C. 8344 and 8468; the Postal Service has no discretion to apply the offset or not. If an annuitant is reemployed, OPM must be notified of the reemployment and determines the effect of reemployment on the employee’s annuity and/or the employee’s salary. The annuitant may not be appointed until he or she has provided the annuity amount received from OPM, so the correct offset can be applied and appropriate coding can be included on personnel actions to identify the employee as a reemployed annuitant. The only exception is described in Management Instruction EL-500-2010-4, Contracting with Individuals or Rehiring into Career Nonbargaining Positions.
The full implications of this mandatory offset should be discussed in detail with the applicant before effecting reemployment. Annuitants may be referred to these materials for additional information:
- Information on the Social Security Administration’s website (http://www.ssa.gov/), including, but not limited to, the following:
- The “What You Need to Know When You Get Retirement or Survivor Benefits” pamphlet at http://www.ssa.gov/pubs/EN-05-10077.pdf;
- The “How Work Affects Your Benefits” pamphlet at http://www.ssa.gov/retirement/retirement.htm; and
- The Social Security Handbook at http://www.socialsecurity.gov/OP_Home/handbook/handbook.html.
- Information on OPM’s website (www.opm.gov), including, but not limited to, the “Information for FERS Annuitants” pamphlet at http://www.opm.gov/retirement-services/publications-forms/pamphlets/ri90-18.pdf.
See 234.72 for restrictions on placing reemployed annuitants into temporary noncareer Postmaster Relief positions.
See 235.
