Employee Relations


Are there any types of promotions, changes in position, or position actions that can be taken without having to follow merit promotion/merit staffing procedures?

Yes. Career promotions that are within career ladder positions, promotions due to the accretion of new and higher graded duties and actions taken under a RIF do not fall under Merit Staffing procedures. Additionally, the upgrading of a position due to the application of a new classification standard, promotions resulting from the correction of an initial classification error, re-promotion to a grade previously held and details not exceeding 120 days do not fall under Merit Promotion principles as well.

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Is it acceptable for a supervisor to give employees a 59-minute time off award for performance above and beyond their normal job duties?

Managers may grant time-off awards to employees in accordance with the Service's Awards policy, 224 FW 5, for accomplishments that demonstrate performance above and beyond normal job duties. The minimum time-off award that can be granted is 1-hour.

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Can a person file an unlimited number of EEO or similar types of complaints? Can they just keep on filing seemingly frivolous complaints?

Yes. However at some point in time, the complaints may be aggregated into one large complaint for the sake of expediency. Also, sometimes existing cases can be amended to include new allegations. If an individual files a large number of EEO complaints, and that is coupled with vague allegations, duplicity of allegations, and or other factors, the complaints may be dismissed for abuse of the process.

If a supervisor feels that a complainant is making repeated frivolous allegations, a meeting with the Regional or Headquarters EO Officers can be requested to discuss the concern and options for improving the situation. An EEO Counselor cannot deny EEO counseling to someone if the Counselor feels the allegations “seem frivolous”. Likewise, the Service’s EO Officer cannot decline to investigate allegations that “seem frivolous”. However, the EO Officer can decline to investigate allegations which are untimely, moot, fail to state a claim (a legal term), are duplicitous, are already in Court, are already before the MSPB or are being grieved, or constitute abuse of the process. It is not the role of the EO Counselor or the EO Officer to make decisions about the merits of allegations. The Counselor’s main function is to facilitate resolution and the main role of the EO officer is to supervise the investigation and creation of the Report of Counseling.

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Is it within policy and regulations that I supervise a person who is one or two grades above me?

Yes. There are no restrictions on this.

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What are the names of the different supervisory files that are kept on employees, what can be included in each one and who has access to them?

Click here for a table that provides the answer to this question --> DOCUMENT

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