Handbook EL-312 Revision: Recruitment

Effective November 12, 2015, the Postal Service™ is revising Handbook EL-312, Employment and Placement, sections 232-234.68 to update policy on sources of recruitment to ensure legal accuracy, incorporate reemployment rights under USERRA and FECA, and to update the table in Exhibit 233.32.

Handbook EL-312, Employment and Placement

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2 Recruitment

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23 Sources of Recruitment

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232 Policy

232.1 Nondiscrimination in Hiring

[Revise the text of 232.1 to read as follows:]

It is the policy of the Postal Service not to discriminate in personnel decisions on the basis of:

a. Race, color, religion, sex, national origin, age, or disability as provided by law; or

b. Other non-meritorious factors such as:

(1) Political affiliation,

(2) Marital status,

(3) Sexual orientation,

(4) Gender identity and gender stereotypes,

(5) Status as a parent,

(6) Retaliation for engaging in an EEO-protected activity, or

(7) Past, present, or future military service.

232.2 Management Responsibility for Filling Vacancies

[Revise the text of 232.2 to read as follows:]

Forecasting short- and long–term recruitment requirements is one of management’s most important responsibilities. Within budgetary restrictions, managers must determine which vacancies are operationally essential. Managers must also allow adequate lead time for internal job postings and to recruit for external postings when internal sources do not identify a sufficient number of eligible, qualified applicants.

232.3 Definitions Applicable to Recruitment

[Revise the text of 232.3 to read as follows:]

The following definitions apply to the subject of recruitment:

a. Recruitment — the process of attracting suitable applicants for employment consideration.

b. Selection — the identification of those applicants who best meet the requirements of the position by reviewing their suitability and qualifications.

c. Qualification standards — official statements of knowledge, skills, and abilities (KSAs). These standards establish the minimum requirements that all applicants for Postal Service positions must meet.

d. Hiring List — a list of qualified applicants arranged in descending order for employment consideration, based on numerical scores determined by examination ratings, the evaluation of KSAs, or both, with veterans’ preference points added to the scores of those who claim them. The scores of those veterans’ preference applicants who receive compensation for service–connected disabilities of 10 percent or greater resulting from active military duty are considered ahead of those for all other eligibles.

e. Appointing official — the Postmaster, Human Resources official, or other nonbargaining employee who is authorized to make appointments in the Postal Service.

f. Career appointment — the selection for one of the career positions, including full-time, part-time regular, and part-time flexible positions — both FLSA-exempt and nonexempt. Such appointments are without time limitation. Career employees are eligible for annual and sick leave, health insurance, life insurance, and retirement benefits (see 233, Career Recruitment).

g. Noncareer appointment — the selection for one of the noncareer positions, including, but not limited to, Casual, Rural Carrier Associate (RCA), Postmaster Relief (PMR), Postal Support Employee (PSE), City Carrier Assistant (CCA), and Mail Handler Assistant (MHA) positions. Noncareer employee appointments and reappointments are often subject to time limitations and restrictions defined in the appropriate collective bargaining agreements. Noncareer employees are not eligible for life insurance or retirement benefits; however, they are subject to the provisions of the Federal Employees’ Compensation Act (FECA) (see 234, Noncareer Recruitment).

h. Honorable conditions discharge — a discharge or release from active duty service in the Armed Forces where the character of service is honorable, under honorable conditions, or general. Though an under honorable conditions or general discharge is acceptable for veterans’ preference or Veterans Recruitment Appointment, it indicates that there was a derogatory reason for the discharge that requires investigation during suitability screening (see 514.2). Discharges that are other than honorable, undesirable, bad conduct, and dishonorable do not meet the honorable conditions discharge requirement.

232.4 Internal Recruitment and Placement

232.41 General Provisions

[Revise the text of 232.41 to read as follows:]

Most career vacancies within a Postal Service installation are filled internally by reassignment, promotion, or a change to lower level of qualified career employees who are designated the successful bidders or applicants. An employee in a permanent rehabilitation position has the same rights to pursue promotional and advancement opportunities as other employees. When positions cannot be filled by employees who are on the payroll of the installation with the vacancy, secondary consideration must be given to qualified career applicants from other installations within an expanded geographic area subject to appropriate collective bargaining agreement provisions.

232.42 Bargaining Vacancies

[Revise the text of 232.42 to read as follows:]

The appropriate collective bargaining agreement governs the following:

a. The internal placement sequence for bargaining vacancies.

b. Conversions to career and reassignments from other installations.

After applying the provisions of the appropriate collective bargaining agreement, the remaining bargaining vacancies may be filled by one or more of the external methods described in 233.3, External Recruitment — Competitive and Noncompetitive.

[Revise the title and text of 232.43 to read as follows:]

232.43 Supervisor and Other Nonbargaining Vacancies

The Supervisor Selection Process is outlined in Part 75 and placement procedures for filling other nonbargaining vacancies are outlined in Chapter 7, Assignment, Reassignment, and Promotion.

232.5 External Recruitment

232.51 Use of External Recruitment

[Revise the text of 232.51 to read as follows:]

External recruitment is required when essential residual bargaining vacancies are anticipated. External recruitment is also used to fill certain nonbargaining positions when there is no adequate internal applicant pool. This applies particularly to nonbargaining positions that require specialty degrees such as engineering or medicine.

232.52 Positions Restricted to Applicants Eligible for Veterans’ Preference

[Revise the text of 232.52 to read as follows:]

Certain positions, whether career or noncareer, are restricted to applicants eligible for veterans’ preference under the Veterans’ Preference Act of 1944. This rule applies only to appointments from external recruitment sources, whether competitive or noncompetitive. The following are restricted positions in the Postal Service:

a. Building maintenance custodian.

b. Custodian laborer.

c. Custodian.

d. Laborer custodial.

Appointing officials may consider applicants who are not entitled to veterans’ preference only when preference eligibles are not available for appointment. Appointing officials must ensure that:

a. There was an attempt to recruit preference eligibles.

b. The list of preference eligible applicants for the vacancy was exhausted.

Districts have two options when recruiting externally to fill restricted positions:

 

Use this option…

if…

Restrict competition to preference eligibles only.

Past experience has shown that normal public notice will provide enough preference eligible candidates.

Accept applications from preference eligibles and

nonpreference eligibles, but refer nonpreference eligibles for employment consideration only when there are no preference eligibles.

The supply of preference eligibles may be exhausted before all vacancies are filled.

Note: A public notice for a restricted position must have a statement explaining if applications will be accepted from nonpreference eligibles, and if so, that they will not be considered if preference eligibles are available.

Exception: The rule of restricting positions for applicants eligible for veterans’ preference does:

a. Not apply when restricted positions are filled through internal career placements such as promotion, reassignment, or change to lower level;

b. Apply when such positions are filled through reinstatement and transfer from another agency.

232.6 Reimbursement of Travel and Relocation Expenses

[Revise the text of 232.6 to read as follows:]

If in the best interest of the Postal Service, employees and prospective employees may be authorized reimbursement for travel and relocation expenses, consistent with the provisions of Handbook F-15, Travel and Relocation.

233 Career Recruitment

233.1 Internal Placement of Bargaining Employees

[Delete the text of 233.1 and add new 233.11 to read as follows:]

233.11 Internal Placement in General

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:

n Observe the appropriate collective bargaining agreements when filling bargaining positions.

n See Chapter 7, Assignment, Reassignment, and Promotion, for more information.

[Renumber old 233.11 as 233.12 and revise text to read as follows:]

233.12 Examination Requirements

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:

a. 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.

b. 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.

c. 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.

[Renumber old 233.12 as 233.13 to read as follows:]

233.13 Senior Qualified and Best Qualified Position Requirements

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.

[Renumber old 233.13 as 233.14 to read as follows:]

233.14 Medical Qualifications

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.

[Renumber old 233.14 as 233.15 to read as follows:]

233.15 Maintenance Selection System Requirements

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.

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[Revise the title of 233.3 and delete the text in its entirety to read as follows:]

233.3 External Recruitment — Competitive and Noncompetitive

[Add new 233.31 to read as follows:]

233.31 External Recruitment in General

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:

a. May use additional recruitment activities to attract qualified applicants.

b. 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.

[Renumber old 233.31 as 233.32 and revise the title and text to read as follows:]

233.32 Competitive Appointment

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.

[Renumber old 233.32 as 233.33, delete the text in its entirety, and revise the title to read as follows:]

233.33 Reinstatement and Reemployment

[Add new 233.331 to read as follows:]

233.331 Reinstatement and Reemployment in General

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. 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.

b. 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.

c. 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.

d. 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.

[Add new 233.332 to read as follows:]

233.332 Service Requirement for Reinstatement

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:

a. The individual previously served for any period of time in career appointment(s) in the Postal Service.

(1) An individual is ineligible for reinstatement if his or her previous service was only in noncareer appointment(s) in the Postal Service.

(2) Examples of current and past Postal Service noncareer appointment types:

(a) Temporary employee;

(b) Transitional employee;

(c) Casual employee;

(d) Postal support employee;

(e) Temporary relief carrier;

(f) Rural carrier associate;

(g) Rural carrier relief;

(h) Substitute rural carrier;

(i) Auxiliary rural carrier;

(j) City carrier assistant;

(k) Mail handler assistant;

(l) Postmaster relief/leave replacement;

(m) Postmaster relief (Remotely Managed Post Office); and

(n) Postmaster relief (Part Time Post Office).

b. The individual previously served for any period of time in other federal entities in career-conditional or career appointment(s) in the competitive service.

(1) Individuals hired into a permanent position in other federal entities are hired under one of the following three types of appointments:

(a) Competitive service appointment.

i. 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.

ii. In limited cases, individuals are hired into the competitive service directly under a career appointment rather than under a career-conditional appointment.

(b) Excepted service appointment.

(c) Senior Executive Service (SES) appointment.

2. 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.

3. Many non-postal federal entities have a combination of competitive service, excepted service, and/or SES appointments.

(a) Some non-postal federal entities have only excepted service appointments, while some have component(s) that have only excepted service appointments.

(b) Exhibit 233.34 contains a partial list of non-postal federal entities and components that have only excepted service appointments.

4. 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.

[Add new 233.333 to read as follows:]

233.333 Qualification Requirements for Reinstatement

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).

[Add new 233.334 to read as follows:]

233.334 Time Limit for Reinstatement

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:

a. 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.

b. Non-veterans’ preference eligible:

(1) 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:

(a) Postal Service career appointment(s);

(b) Competitive service appointment(s) in other federal entit(ies); or

(c) A combination of paragraphs (a) and (b).

(2) 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 233.324b.1 has reinstatement eligibility for only the 3 years following the date of his or her separation from the following:

(a) The last career appointment in the Postal Service upon which reinstatement eligibility is based; or

(b) The last competitive service appointment in another federal entity upon which reinstatement eligibility is based.

[Add new 233.335 to read as follows:]

233.335 Reinstatement Following RIF-Related Separation

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.

a. 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.

b. 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.

[Add new 233.336 to read as follows:]

233.336 Reinstatement and Other Reemployment of Annuitants

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:

a. Reinstated to a career position under 233.321 through 233.324, except as limited therein;

b. Reinstated to a position under 233.325, except as limited therein; or

c. 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:

a. 233.37, Reemployment of Annuitants; and

b. Management Instruction EL-500-2010-4, Contracting With Individuals or Rehiring Into Career Nonbargaining Positions.

[Add new 233.337 to read as follows:]

233.337 Eligibility and Suitability Screening for Reinstatement or Other Reemployment

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.

[Add new 233.338 to read as follows:]

233.338 Reemployment Rights Under USERRA or FECA

a. 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).

b. 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).

[Add new 233.339 to read as follows:]

233.339 New or Completion of Probationary Period Upon Reinstatement or Other Reemployment

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:

a. Reemployment under USERRA:

(1) 584, Employee Evaluation; and

(2) 77, Employment Restoration After Military Service.

b. Reemployment under FECA:

(1) 584, Employee Evaluation;

(2) Employee and Labor Relations Manual, 540, Injury Compensation Program; and

(3) Handbook EL-505, Injury Compensation.

c. Other reinstatement and reemployment under 233.331 through 233.336:

(1) 584, Employee Evaluation.

[Renumber old 233.33 as 233.34, delete the text in its entirety, and revise the title to read as follows:]

233.34 Transfer From Another Federal Entity

[Add new 233.341 to read as follows:]

233.341 Transfer In General

The Postal Service may choose to fill a career position by transfer, which is the appointment on a noncompetitive basis of an individual:

a. Without a break in service of a single workday, and

b. 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.

[Add new 233.342 to read as follows:]

233.342 Service Requirement

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:

a. Competitive service appointment.

(1) 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.

(2) In limited cases, individuals are hired into the competitive service directly under a career appointment rather than under a career-conditional appointment.

b. Excepted service appointment.

c. 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.

a. Some non-postal federal entities have only excepted service appointments, while some have component(s) that have only excepted service appointments.

b. 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.

[Add new 233.343 to read as follows:]

233.343 Qualification Requirements

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).

[Add new 233.344 to read as follows:]

233.344 Eligibility and Suitability Screening

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.

[Add new 233.345 to read as follows:]

233.345 New Probationary Period

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.

[Renumber Exhibit 233.32 as Exhibit 233.34 and revise title and text to read as follows:]

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.

 

Amtrak (National Railroad Passenger Corp.)

International Broadcasting Bureau

Administrative Office of the United States Courts

International Trade Administration (ITA is a component of the Dept. of Commerce)

Animal and Plant Health Inspection Service (APHIS is a component of the Dept. of Agriculture)

Judicial Panel on Multidistrict Litigation

Botanic Garden

Library of Congress

Capitol Police

National Nuclear Security Administration (NNSA is a component of the Dept. of Energy)

Central Intelligence Agency

National Park Foundation

Circuit Courts of Appeals

National Security Agency (NSA is a component of the Dept. of Defense)

Commission on Presidential Scholars

Northwest Power and Conservation Council

Court of Appeals for the Armed Forces

Nuclear Regulatory Commission

Court of Appeals for Veterans Claims

Office of Government Ethics

Court of Federal Claims

Panama Canal Commission

Court of International Trade

Patent and Trademark Office (PTO is a component of the Dept. of Commerce)

Defense Intelligence Agency (DIA is a component of the Dept. of Defense)

Peace Corps

Delaware River Basin Commission

Postal Regulatory Commission

District Courts (including Bankruptcy Courts)

Secret Service (the Secret Service is a component of the Dept. of Homeland Security)

Election Assistance Commission

Senate

Federal Aviation Administration (the FAA is a component of the Dept. of Transportation)

Sentencing Commission

Federal Bureau of Investigation (the FBI is a component of the Dept. of Justice)

Social Security Advisory Board

Federal Emergency Management Agency (FEMA is a component of the Dept. of Homeland Security)

Supreme Court of the United States

Federal Judicial Center

Susquehanna River Basin Commission

Federal Laboratory Consortium for Technology Transfer

Tax Court

Federal Reserve System

Tennessee Valley Authority

Foreign Agricultural Service (FAS is a component of the Dept. of Agriculture)

Transportation Security Administration (including the Federal Air Marshal Service) (TSA is a component of the Dept. of Homeland Security)

Foreign Service (the Foreign Service is a component of the Dept. of State)

United States Agency for International Development (USAID is a component of the Dept. of State)

General Services Administration

United States Mission to the United Nations (the United States Mission to the United Nations is a component of the Dept. of State)

Health Services Research and Development Service (HSR&DS is a component of the Dept. of Veterans Affairs)

Valles Caldera Trust

House of Representatives

 

[Renumber old 233.34 as 233.35 and delete the text in its entirety to read as follows:]

233.35 Dual Employment

[Add new 233.351 to read as follows:]

233.351 General

The types of dual employment in 233.352 through 233.353 are valid or invalid in the Postal Service as indicated.

[Renumber old 233.341 as 233.352 to read as follows:]

233.352 Between the Postal Service and the Private Sector

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.

[Renumber old 233.342 as 233.353 and revise the text to read as follows:]

233.353 Between the Postal Service and Other Federal Organizations

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:

a. Selected competitively for a career position from a Hiring List (see 233.31).

b. 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.

[Renumber old 233.35 as 233.36 and delete the text in its entirety to read as follows:]

233.36 Noncompetitive Appointment of Veterans With 30 Percent or More Disability

[Add new 233.361 to read as follows:]

233.361 General

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.

[Renumber old 233.351 as 233.362 and revise the text to read as follows:]

233.362 Use of 30 Percent or More Disabled Veterans to Fill Career Positions

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.

[Renumber old 233.352 as 233.363 to read as follows:]

233.363 Eligibility for 30 Percent or More Disabled Appointment

The 30 percent authority applies to veterans who either:

a. Retired from active military service with a disability rating of 30 percent or more, or

b. 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.

[Renumber old 233.36 as 233.37 and delete the text in its entirety to read as follows:]

233.37 Noncompetitive Appointment of Veterans’ Recruitment Appointment Eligibles

[Add new 233.371 to read as follows:]

233.371 General

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.

[Renumber old 233.361 as 233.372 and revise the text to read as follows:]

233.372 Use of VRA Authority to Fill Career Positions

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.

[Renumber old 233.362 as 233.373 to read as follows:]

233.373 Considering VRA Applicants with 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:

a. Group 1. Veterans eligible for 10-point preference who have a compensable service-connected disability of 10 percent or more.

b. Group 2. All other veterans eligible for 10-point preference.

c. Group 3. Veterans eligible for 5-point preference.

d. Group 4. Veterans not eligible for veterans’ preference.

[Renumber old 233.363 as 233.374 to read as follows:]

233.374 Eligibility for a Veterans’ Recruitment Appointment

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. A disabled veteran.

b. 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.

c. 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.)

d. A recently separated veteran (eligible only during the 3-year period that began on the veteran\u0027s 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. 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.

b. 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.

[Renumber old 233.37 as 233.38 and revise the text to read as follows:]

233.38 Reemployment of Annuitants

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:

a. Information on the Social Security Administration’s website (http://www.ssa.gov/), including, but not limited to, the following:

(1) The “What You Need to Know When You Get Retirement or Survivor Benefits” pamphlet at http://www.ssa.gov/pubs/EN-05-10077.pdf;

(2) The “How Work Affects Your Benefits” pamphlet at http://www.ssa.gov/retirement/retirement.htm; and

(3) The Social Security Handbook at http://www.socialsecurity.gov/OP_Home/handbook/handbook.html.

b. 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.

[Renumber old 233.38 as 233.39 to read as follows:]

233.39 Employment of People With Disabilities

See 235.

234 Noncareer Recruitment

* * * * * 

234.2 Specific Rules

234.21 Veterans’ Preference Rules

[Revise the text of 234.21 to read as follows:]

Veterans’ preference must be recognized in the rating, ranking, and selecting of external applicants for career and noncareer employment. Applicants for temporary appointment to skilled positions may be hired from hiring lists organized in examination score order where veterans’ preference is applied (see 234.4, Skilled and Technical Positions). When no examination ranking is used for selection, all external applicants for noncareer employment must be considered in priority group order, as described in 444.

234.22 Collective Bargaining Agreement Limitations

[Revise the text of 234.22 to read as follows:]

Noncareer bargaining-unit employees may be hired only within the limitations outlined in Article 7 of the appropriate collective bargaining agreement.

[Delete the text of 234.23 in its entirety.]

234.23 Dual Employment

[Add a new 234.231 to read as follows:]

234.231 General

Under certain circumstances, an employee may be appointed to more than one noncareer position in the Postal Service. This is known as a dual appointment.

a. The primary purpose of dual appointments is to improve the opportunity of employees who provide relief or leave replacement service. For example, to gain further employment and to minimize unemployment compensation expense:

(1) A Rural Carrier Associate could hold a dual appointment as a casual Mail Handler, and

(2) A Postmaster relief (PMR) may hold a dual appointment in more than one 2-hour Remotely Managed Post Office or 6-hour Part Time Post Office.

b. Dual appointments also enable the Postal Service to utilize available experienced employees instead of new hires.

In addition, the types of dual employment in 234.232 through 234.233 are valid or invalid in the Postal Service as indicated.

[Renumber old 234.231 as 234.232 to read as follows:]

234.232 Between the Postal Service and Other Federal Agencies

An applicant who works for another federal agency and is under either the Civil Service Retirement System (CSRS) or Federal Employees’ Retirement System (FERS) may not be hired by the Postal Service for a temporary or noncareer position unless the applicant is willing to relinquish the other agency position and have at least a 4–calendar–day break in service before appointment to the postal position. Applicants who participate in CSRS or FERS who are unwilling to relinquish the position that entitles them to participate in one of these retirement systems are ineligible for noncareer postal employment. This ineligibility includes federal employees under CSRS or FERS on leave without pay or in a furlough status. An applicant who works for another federal agency and who is not under CSRS or FERS may be considered for a temporary or noncareer position, provided that the applicant is available to work the hours required by the Postal Service.

[Renumber the old 234.232 as 234.233 and revise the title and text to read as follows:]

234.233 During Applicant’s Active Duty in the Uniformed Services

A qualified applicant for a noncareer position who is on active military duty in the Uniformed Services, as defined in 38 U.S.C. § 4303(16), may not be rejected for 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 the noncareer position and appointed following separation from active military service provided that the applicant meets suitability requirements at the time of appointment and the applicant would still be employed had he or she been appointed at the time of initial selection. 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 the DD Form 214 or qualifying statement of service 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 when he or she departs 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.

[Delete old 234.233 in its entirety.]

234.24 Use of 30 Percent Disabled Veteran and VRA Authorities to Fill Temporary Positions

[Revise the text of 234.24 to read as follows:]

Disabled veterans who are 30 percent or more disabled (see 233.36) and VRA eligibles (see 233.37) may be recruited to fill temporary or noncareer positions, except positions that specifically require that selections be made competitively (e.g., Postal Support Employee, City Carrier Assistant, Mail Handler Assistant, and Rural Carrier Associate). When filling positions restricted to applicants entitled to veterans’ preference, VRA eligibles must also meet the requirements for veterans’ preference.

234.3 Noncareer Employee Recruitment Sources

[Revise the text of 234.3 to read as follows:]

Noncareer positions may be filled as described in 234 within the limitations noted. Where multiple sources are listed, appointing officials should rely on current local conditions and past recruitment experience in determining which methods will produce the required results.

234.4 Skilled and Technical Positions

[Revise the text of 234.4 to read as follows:]

When offices are recruiting noncareer employees for skilled and technical positions, applicants must meet the appropriate qualifications and screening requirements associated with the skills needed. The following are examples of skilled and technical noncareer positions:

n PSE Automotive Mechanic.

n PSE Automotive Technician.

n PSE Tractor–Trailer Operator.

n PSE Motor Vehicle Operator.

234.5 Rural Carrier Associate

[Revise the text of 234.5 to read as follows:]

A rural carrier associate (RCA) may be reassigned to another installation. A RCA, who has completed the probationary period and then submits a written request for reassignment, may be reassigned to RCA vacancies at other offices. A regular rural carrier who wants to relocate because of a spouse’s relocation or because of personal hardship may be reassigned as a rural carrier associate, provided there is a leave replacement vacancy in the office where the regular carrier seeks relocation. The regular carrier must resign the career position and take at least a 6–calendar–day break in service before appointment as RCA (see Memorandum of Understanding 10, Appointment of Regular Carrier to RCA Upon Relocation, National USPS–NRLCA Agreement). Otherwise, RCAs must be hired from a competitive hiring list.

234.6 Casual Positions

[Add a new 234.61 to read as follows:]

234.61 General

Both competitive and noncompetitive recruitment sources may be needed to produce a highly qualified, diverse applicant pool from which to fill casual vacancies.

[Add new 234.62 to read as follows:]

234.62 Competitive Recruitment Sources for Casual Vacancies

Vacancies for casual positions may be posted externally on http://about.usps.com/careers/welcome.htm (see 421).

[Add new 234.63 to read as follows:]

234.63 Noncompetitive Recruitment Sources for Casual Vacancies

[Renumber old 234.61 as 234.631 and revise the text to read as follows:]

234.631 Former Postal or Federal Employees With Reinstatement Eligibility

Under this authority, applicants eligible for career reinstatement can also be considered for casual positions. For rules, see 233.33, Reinstatement and Reemployment.

[Renumber old 234.62 as 234.632 and revise the text to read as follows:]

234.632 Former Casual Special Recruitment Authority

For this recruitment authority, a former casual is one who at the time of application had a casual appointment within the current calendar year or either of the two preceding calendar years, had a satisfactory work performance during the last period of casual employment, and was initially appointed as the result of a competitive recruitment effort. For example, applications solicited from the general public or an approved noncompetitive recruitment referral such as Student Program or State Employment Service that recognized veterans’ preference requirements are competitive efforts. Applicants who meet this definition may be considered for casual vacancies ahead of applicants in the general application file. Former casuals who do not meet these requirements must be considered along with other general application file applicants. Veterans’ preference groupings must be observed (see 234.21).

234.633 Student Program

[Delete old 234.63 and 234.64 in their entirety.]

[Renumber old 234.65 as 234.633 and revise the text to read as follows:]

Students who are enrolled or accepted for enrollment on a full-time basis during the regular school year in an accredited institution of higher learning — including universities, colleges, vocational schools, and technical schools — can be considered for appointment as casual and temporary employees. Student applicants must meet the following eligibility requirements:

a. Applicants must be at least 18 years of age.

b. Applicants must provide documentation certifying enrollment, or acceptance for enrollment, in an institution of higher learning on a full-time basis during the regular school year.

Students employed under this authority are terminated if they drop out of school for any reason, or if they are unable to furnish satisfactory evidence of enrollment for the next scheduled term. Veterans’ preference groupings must be observed (see 444).

[Renumber 234.66 as 234.634 to read as follows:]

234.634 State Employment Service

Persons currently unemployed and listed on the rolls of the state unemployment compensation office as actively seeking employment may be considered for employment in casual and temporary positions when referred to the Postal Service by the state. Persons referred under this authority must meet the following eligibility requirements:

a. Applicants must be at least 18 years of age, or they must be high school graduates who are no less than 16 years of age.

b. Applicants must be appropriately referred by the state unemployment compensation office.

Prior approval to use this hiring authority must be obtained from the district Human Resources manager. When approval is obtained, a postal representative should file a written notice of intent to use this authority with the state unemployment office, using Sample Letter C–1, Appendix C. Certification letters (see Sample Letter C-2, Appendix C) must be filed on the right side of the official personnel folder of each individual hired under this authority. When selections are made under this authority, veterans’ preference groupings must be observed (see 234.21).

[Delete old 234.67 in its entirety.]

[Renumber old 234.68 as 234.635 to read as follows:]

234.635 Employment of People With Disabilities

The noncompetitive process of employment of people with severe disabilities can be used to hire for casual and other temporary positions. See 235.4 for procedures.

* * * * * 

We will incorporate these revisions into the next online update of Handbook EL-312, Employment and Placement, which is available on the Postal Service PolicyNet website:

n Go to http://blue.usps.gov.

n Under “Essential Links” in the left-hand column, click PolicyNet.

n Click HBKs.

The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.

— Human Resources (HQ),
Employee Resource Management, 11-12-15