Chapter Advisories
Details and Promotion

BACKGROUND. On 17 Jun 01 the following Chapter Advisory on Details and Promotions was posted:

"Details (Article 34) and Promotions (Article 36) to NON-bargaining unit positions are NOT covered by the Collective Bargaining Agreement (Contract). Non-bargaining positions include appointments as management officials, supervisors and confidential employees. Promotion to such positions, for example, need not necessarily be made using systematic and equitable procedures on the basis of merit from properly ranked and certified candidates (as required by Article 36 of the Contract). To the extent that a detail or promotion violates any law, rule, or regulation covering such an action it may be grieved, however, under the Collective Bargaining Agreement's Article 45, Section 2(A)(3)(b). See for example: 5 USC 2301, Executive Order 13197, etc.


UPDATE: On 27 Jun 01, FDA sent an e-mail to all FDA HQ employees that stated:

"It is simply wrong to say that appointments to non-bargaining unit positions are not covered by systematic and equitable procedures on the basis of merit. With a very few exceptions principally involving political appointees, Federal law and regulations require that Federal employees be hired and promoted on the basis of merit principles. More specifically, Section 335.103 of Title 5 of the Code of Federal Regulations requires all agencies to adopt and administer programs designed to ensure a systematic means of selection for promotion according to merit. Compliance with these requirements is subject to review by numerous outside agencies, such as the U.S. Office of the Special Counsel and the Office of Personnel Management. The FDA Merit Promotion Plan, which applies to bargaining unit and non-bargaining unit employees alike, is contained in Chapter 335 of the FDA Personnel Policy Manual. Consequently, employees should know that the FDA makes promotions to both bargaining and non-bargaining unit positions using a system designed to ensure fairness and the selection of the best qualified candidates."

COMMENT. The union applauds and FDA employees should always keep in mind FDA's vigorous defense of FDA's policy and practice of promoting " bargaining unit and non-bargaining unit employees alike" "according to merit""using a system designed to ensure fairness and the selection of the best qualified candidates."

Updated 25 Aug 01