Temporary and Term Employment

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 316

RIN 3206 AI45

Temporary and Term Employment

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) proposes to revise

its regulations to provide the possibility for promotion of employees

appointed as worker-trainees under TAPER appointments through grade GS-

4, WG-5, or equivalent grades in the Federal Wage System.

DATES: Written comments will be considered if received on or before

December 18, 1998.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm,

Associate Director for Employment, U.S. Office of Personnel Management,

1900 E Street, NW., Room 6500, Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Diane Tyrrell, 202-606-0830, FAX 202-

606-0390, or TDD 202-606-0023.

SUPPLEMENTARY INFORMATION: In striving to meet the goals under the

President's welfare to work initiative, Federal agencies have used the

TAPER (temporary appointment pending the establishment of a register)

authority as their primary appointing authority to appoint employees

into the worker trainee program. Using this authority, the current

regulations do not allow for promotion beyond the GS-3, WG-4 and

equivalent level. Based on the success to date with the use of this

authority, agencies would like more flexibility to be able to advance

employees beyond the current limits. Currently, these employees must

compete for other opportunities or remain at this grade level until

completion of the three year period under the program. Agencies have

voiced concern regarding the undue restriction of this grade level

limitation.

Program Background

The worker-trainee program was initiated in 1968 and was developed

and used, at that time, extensively as a vehicle to competitively hire

unskilled, disadvantaged workers. By 1979, activity under this program

became very limited and as a result too costly for the Office of

Personnel Management (OPM) to maintain registers. Rather than

completely eliminate the program, OPM retained the worker trainee as an

option under the TAPER authority. Today, it is once again being used

widely in connection with the welfare to work program.

Incentive For Change

Agencies have had positive experiences in the recruitment of

individuals from the welfare rolls. Currently, employees who are eager

and show an ability to excel beyond the current grade level limits of

GS-3, WG-4 and equivalent, are forced to remain at this level. In an

effort to provide maximum opportunity to those hired into the worker-

trainee program, while remaining consistent with the intent of the

program, agencies have expressed interest in providing promotion

opportunity beyond the current program limits. This enhancement would

allow promotion beyond the GS-3, WG-4 levels when appropriate, and

would further the overall goals of the welfare to work program.

Justification for New Limit

While there is a need to recognize employee performance and provide

advancement opportunity, OPM must balance this with the original intent

of the program to provide opportunity for ``trainees'' to acquire or

improve basic skills. This program was designed and continues to

function as a ``trainee'' program for those individuals who are newly

hired into government service. Based on classification standards, the

highest grade level to which employees would be expected to advance

under this program would be to the GS-4, WG-5 or equivalent. We

therefore find this to be an appropriate level at which to limit

advancement in the worker-trainee program.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because it affects

only certain Federal employees.

List of Subjects in 5 CFR Part 316

Government employees.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is proposing to amend part 316 of title 5, Code of

Federal Regulations, as follows:

PART 316--TEMPORARY AND TERM EMPLOYMENT

1. The authority citation for part 316 continues to read as

follows:

Authority: 5 U.S.C. 3301, 3302: E.O. 10577, 3 CFR 1954-1958

Comp., p. 218.

Subpart B--TAPER Employment

2. Section Sec. 316.201 paragraph (b) is revised to read as

follows:

Sec. 316.201 Purpose and duration.

* * * * *

(b) Specific authority for Worker-Trainee positions. Agencies may

make TAPER appointments to positions at GS-1, WG-1 and WG-2 and may

reassign or promote the appointees to other positions through grade GS-

4, WG-5, or equivalent grades in the Federal Wage System consistent

with Sec. 330.501 of this chapter. Agencies are authorized to reassign

or promote Worker-Trainees under this authority.

[FR Doc. 98-30842 Filed 11-17-98; 8:45 am]

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