Nebraska National Guard. Merit Placement and Promotion Plan

Transcription

1 Military Department Regulation NE TPR335 Nebraska National Guard Merit Placement and Promotion Plan Prepared By: Human Resources Office 2433 NW 24 th Street Lincoln, Nebraska April 2018 Office of the Adjutant General

2 NE NG Regulation NE TPR335 Military Department of Nebraska The Adjutant General's Office Lincoln, Nebraska April 2018 NEBRASKA NATIONAL GUARD MERIT PLACEMENT AND PROMOTION PLAN The regulation contained herein establishes policy, assigns responsibilities, and prescribes the procedures and processes for the Merit Promotion and Internal Placement Plan for the Nebraska National Guard which is consistent with the National Guard Bureau (NGB), Department of Defense (DoD), and Office of Personnel Management (OPM) regulations governing the filling of positions by promotion or other internal placement. TABLE OF CONTENTS CHAPTER 1 - GENERAL GUIDANCE Purpose Policy Scope Provisions Military Technicians Veteran's Preference Program for NG TS Excepted Responsibilities Management's Rights Oversight Documentation and Reporting Requirements DoD Priority Placement Program PARA PAGE CHAPTER 2 - COMPETITIVE ACTIONS AND EXCEPTIONS TO COMPETITION Mandatory Placement Actions Actions Exempt from Competition CHAPTER 3 - LOCATING AND EVALUATING CANDIDATES Job Analysis Crediting Plan Areas of Consideration Request for Filling Vacancy Job Opportunity/Announcements Application Procedures Assessment

3 4 April 2018 NE TPR335 Numeric Category Competitive Procedures & Candidate Evaluations TS CHAPTER 4 -GRADE RETENTION Purpose Placement Actions CHAPTER 5 -TEMPORARY APPOINTMENTS NOT TO EXCEED (NTE) NG T32 DS Technician Temporary Appointments NTE NG T32 DS I TS Excepted (Indefinite) NG TS Temporary Appointments NTE CHAPTER 6-EVALUATING CANDIDATES Ranking Panels Job Analysis Evaluation of Applicants Performance and Awards Overall Rating Referral and Selection Certificate CHAPTER 7 -REFERRAL AND SELECTION PROCEDURES Referral of Applicants Action by the Selecting Official Equal Employment Review and Approval Notification Start Date CHAPTER 8 -RECORDKEEPING AND PROGRAM REVIEW Recordkeeping Retention Merit Placement Program Review Privacy Protection CHAPTER 9 -CORRECTIVE ACTION AND GRIEVANCE COMPLAINTS Grievances and Complaints Exclusions Corrective Action Time Limitations

4 4 April 2018 NE TPR335 CHAPTER 10 - KEY STAFF POSITIONS Purpose Key Staff Positions Qualifications Referral and Selection APPENDIX A - Part I - Acronyms APPENDIX A - Part II - Definitions APPENDIX B-Instructions for Completing SF-52 APPENDIX C - References

5 4 April 2018 NE TPR335 CHAPTER 1 GENERAL GUIDANCE 1-1. PURPOSE. This plan establishes the procedures and provides information on the merit placement program to be used for the employment and placement of Nebraska National Guard Employees to positions authorized in support of activities and units of the Nebraska Army and Air National Guard. Since the procedures contained in this plan are applicable to both the Army and Air National Guard, the term Nebraska National Guard (NG) will be used throughout the plan. For the purpose of this plan, the term employee or employees will refer to a NG Title 32 (T32) Dual Status (DS) Excepted Service Technician, NG Title S (TS) Competitive Service employee, and NG Title S (TS) Excepted Service employee of the Nebraska National Guard POLICY. It is the policy of the Nebraska National Guard that employee positions be filled from among qualified individuals, to ensure that all employees have an opportunity to develop and advance to their full potential. All employee vacancies will be filled on the basis of merit principles, job-related factors, and the agency's affirmative employment goals, under systematic and equitable procedures. Individuals being considered for merit placement must meet the eligibility requirements and qualification standards for the position for which considered, including National Guard unit membership and a compatible National Guard assignment for all dual status appointments. The staffing of positions under this and other directives is subject to OPM, DoD, and NGB directives. All actions under this plan will be made without discrimination for non-merit reasons such as race, color, religion, sex ( except positions excluded by military membership), national origin, marital status, age, non-disqualifying physical handicap (except for military requirement for dual status technicians), membership or non-membership in employee organizations, personal favoritism, lawful political affiliation, or patronage. The Nebraska National Guard is an Equal Opportunity Employer SCOPE. a. This plan encompasses all employee positions in the Nebraska National Guard. It will be used in filling all T32 DS Excepted Service Technician and TS Competitive and Excepted Service employee positions through initial appointment, promotion, reassignment, reinstatement, demotion, conversion and transfer. b. Where provisions of this plan differ from the Collective Bargaining Agreement (CBA), the provisions of the CBA will apply. When provisions of this plan differ from changes in law or government wide regulation, the changes in law or government wide regulation will apply. c. Where this plan is silent, the flexibilities provided by regulation or guidance from higher authority is preserved unless appropriately challenged per the negotiated grievance procedures by the exclusive representative PROVISIONS. a. Alternative Hiring Opportunities. There are no authorized and allowed OPM, Service specific, or DoD special hiring provisions, such as Expedited Hiring Authority and Direct Hiring Authority, for the NG T32 DS Technician positions and NG TS Excepted Service employee positions. b. Converted Positions. As current on-board TS competitive service NG employees separate from their respective positions and the position becomes vacant, those positions are directly converted into TS NG Excepted Service positions. 4

6 c. Prohibited Personnel Practices. There are thirteen prohibited personnel practices, including reprisal for whistleblowing, which are defined by law [TS United States Code (USC), Section 2302(b)]. Generally stated, 2302(b) provides that any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority: (1) Discriminate against an employee or applicant based on race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation; (2) Request or consider employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics; (3) Coerce the political activity of any person; or take any action as a reprisal for the refusal of a person to engage in such political activity; (4) Deceive or willfully obstruct anyone from competing for employment; (5) Influence anyone to withdraw from competition in an effort to improve or injure the employment prospects of any person; (6) Give an unauthorized preference or advantage to anyone so as to improve or injure the employment prospects of any particular employee or applicant; (7) Engage in nepotism (i.e., hire, promote, or advocate the hiring or promotion ofrelatives); (8) Engage in reprisal for whistleblowing - generally, a person with personnel authority cannot take or fail to take a personnel action with respect to an employee or applicant because of a disclosure of information by the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or regulation; gross mismanagement; gross waste offunds; an abuse of authority; or a substantial and specific danger to public health or safety. The prohibition does not apply, however, if the disclosure is barred by law or is specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs, except when such a disclosure is made to the Special Counsel, the Inspector General, or a comparable agency official; (9) Take or fail to take a personnel action against an employee or applicant for exercising an appeal, complaint, or grievance right; testifying for or assisting another in exercising such a right; cooperating with or disclosing information to the Special Counsel or to an Inspector General; or refusing to obey an order that would require the individual to violate a law; (10) Discriminate based on personal conduct which is not job-related and does not adversely affect the on-the-job performance of an employee, applicant, or others; (11) Knowingly take or fail to take, recommend, or approve a personnel action if taking or failing to take such an action would violate an applicable veterans' preference requirement; (12) Take or fail to take a personnel action, if taking or failing to take the action would violate any law, rule or regulation implementing or directly concerning merit system principles at 5 u.s.c (13) Implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statements: 5

7 "These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to: (a) Classified information; (b) Communications to Congress; (c) Reporting to an Inspector General of a violation of any law. Rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or, (d) Any other whistleblower protection." "The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling." 1-5. MILITARY TECHNICIANS. A basic principle of the NG T32 Excepted Service Military Technician Program is that only NG T32 occupy DS military Technician employee positions. a. Requests to convert established/confirmed T32 NG Excepted Service Technician positions to TS NG employee positions, post-conversion of the percentage designated by law, must be identified by local functional management officials, coordinated with the HRO and TAG for review and further coordinated discussion with NGB-Jl-TN for final approval by NGB G 1 or Al. The union will. be notified prior to conversion of bargaining unit positions. b. NG T32 DS Technicians and Title 5 Competitive employees may apply/compete for hire or be. eligible for merit promotion considerations to advertised NG TS Excepted Service employee vacant positions. c. NG TS Competitive and Excepted Service employees may apply/compete for hire or merit promotion considerations to advertised T32 DS Technician positions; however, to qualify, the candidates must meet the DS Technician positions' series qualifications and must meet the positions' military compatibility requirements. d. Management Directed Reassignments (MDR) personnel processing actions are not authorized for the non-competitive placements of NG T32 DS Technicians into established NG TS employee positions; and, are not authorized for the non-competitive placements of NG TS employees into NG T32 DS Technician positions VETERAN'S PREFERENCE PROGRAM FOR NG TS EXCEPTED SERVICE POSITIONS a. Hiring Authority References: 5 USC 3320, 5 CFR, and OPM Veteran Guide. b. 5 CFR , Special selection procedures for TS Excepted Service positions and veterans under merit promotion. Veteran's preference will be considered for vacancies under merit promotion when an agency accepts applications from individuals outside its own workforce RESPONSIBILITIES. a. The Adjutant General (TAG) is responsible for the employment and administration of NG T32 DS Technicians, NG TS Competitive Service employees, and NG TS Excepted Service employees. TAG will accomplish any personnel force management actions involving employment, appointments, promotions, reassignments, other internal placements, or external recruitment in accordance with 6

8 4 April2018 NE TPR335 guidance provided in this plan. TAG is the highest level of authority in the State concerning the overall application of this plan. b. The Human Resources Officer (HRO) is responsible to TAG for ensuring that the requirements of this Merit Placement and Promotion Plan are accomplished. The HRO will: ( 1) Develop, maintain, evaluate and revise this plan as necessary; (2) Administer placement and promotion actions in accordance with the policies and procedures outlined in this plan; (3) Provide guidance and assistance to supervisors and commanders concerning their responsibilities under this plan; and initiate appropriate action when lack of compliance is evident; ( 4) Assure that applicants are properly screened, evaluated, and certified for consideration; (5) Maintain a complete placement or promotion file for each position filled under the provisions of this plan; and ( 6) Ensure appropriate treatment of candidates entitled to priority consideration ( e.g., DoD Priority Placement Program (PPP), Technician Reemployment Priority List (TRPL), Retained Grade List, and Interagency Career Transition Assistance Plan (ICTAP). c. Managers and Supervisors will: (1) Know and comply with the provisions of this Plan and keep employees informed of its provisions; (2) Assure that employee personnel actions accomplished within their area ofresponsibility are based on merit, in concert with affirmative action goals and without discrimination; (3) Encourage NG employees under their supervision to participate in developmental opportunities and training in order to enhance their promotion potential; ( 4) Advise NG employees under their supervision who are absent (military duty, annual leave, etc.), of position vacancies which occur and for which they have indicated an interest, in writing, when the employee provides a means to be contacted during the period of such absence; (5) Ensure that NG T32 DS selectees meet all the military requirements (ASV AB scores, security clearance, AFSC/MOS/AOC, etc.) for the compatible assignment prior to appointment; and (6) Recommend changes to this Plan, to the HRO. d. Employees are responsible for: (1) Preparing for promotion consideration by participating in self-development activities; (2) Becoming familiar with the basic policies and procedures relating to the State Merit Placement Plan; 7

9 (3) Assuring application forms and Electronic Official Personnel Folders (eopfs) contain accurate and current information concerning qualifications, job-related training, and experience. The need for the most current experience, educational and training data in both the eopf records and position vacancy applications, cannot be overemphasized since it may serve as the basis for referrals in the certification and selection process. Employees may contribute to the maintenance of their personnel folder by reviewing and updating their eopf on an annual basis; ( 4) Notifying their supervisor, in writing, of their general job interest areas, should a position vacancy occur during a period of their absence (military duty, annual leave, etc.). In addition, providing the supervisor with an accurate mailing address or a telephone number where they can be contacted and informed of position vacancies; and (5) Applying for advertised vacancies by the closing date and time MANAGEMENT'S RIGHTS. Recognizing that it is essential to the accomplishment of the mission of the Nebraska National Guard that all positions be filled with qualified individuals, management retains the right to: a. Select or non-select from among qualified applicants. b. Select applicants from any appropriate source most likely to best meet the mission objectives of the Nebraska National Guard. '- c. Submit pass over requests of veteran preference qualified candidates for TS NG Excepted Service Positions to HRO for endorsements to OPM for reconciliation if required. (1) The HRO must initiate procedures as directed in the OPM Delegated Examining Operations Handbook, Chapter 6, Section D, Object to an Eligible. (2) During this time period, the same advertised position remains vacant until the submitted pass over request determination is resolved Oversight: TS Excepted Service numeric category ratings are documented in accordance with OPM and DoD directive processes Documentation and Reporting Requirements: Documentation is maintained in accordance with the OPM, DoD and NGB reporting criteria DoD PRIORITY PLACEMENT PROGRAM (PPP). The primary purpose of PPP is the placement of DOD employees who have been adversely affected through no fault of their own as a result of Reduction in Force (RIF), base closures, realignments, consolidations, contracting out, position classification decisions, and transfer of functions. All TS advertisements will be requisitioned in the program. Matches will be worked in order one at a time to determine if the match is Well-Qualified. A joint determination of a Well-Qualified Priority 1 or 2 registrant will stop the following actions: Promotion, Employee-initiated reassignment, appointment, transfer, and demotion to a position with greater promotion potential. A joint determination of a Priority S registrant will stop the selection of other competitive candidates when there are no Well-Qualified Priority 1 or Priority 2. A joint determination of a Priority 3 registrant permits selection from within the component (agency), but stops an appointment or transfer. The recruitment process does not stop until a Well-Qualified PPP match accepts a valid offer. 8

10 CHAPTER 2 COMPETITNE ACTIONS AND EXCEPTIONS TO COMPETITION 2-1. MANDATORY PLACEMENT ACTIONS. The following mandatory placement actions are accomplished in accordance with the competitive procedures of this plan: a. Permanent promotion to a higher-graded position or to a position with more promotion potential than any position previously held on a permanent basis. b. Reassignment or demotion to a position with more promotion potential than any position previously held on a permanent basis except as permitted by RIF regulations. c. Time-limited promotion for more than 120 days to a higher-graded position. Prior service during the preceding 12 months under noncompetitive time-limited promotions and non-competitive details to higher-graded positions count toward the 120 day total. A temporary promotion may be made permanent without further competition provided the temporary promotion was originally made under competitive procedures, and the fact that it may lead to a permanent promotion was made known to all potential candidates in the appropriate area of consideration. d. Detail of more than 120 days to a higher-graded position or to a position with greater promotion potential. Prior service during the preceding 12 months under non-competitive detail to highergraded positions and non-competitive time-limited promotion counts toward the 120 day total. e. Transfer or reinstatement to a position at a higher grade or with more promotion potential than any previously held on a permanent basis ACTIONS EXEMPT FROM COMPETITION. The personnel placement actions exempt from the competitive procedures of this plan are as follows: a. Promotion resulting from the upgrading of a position without significant changes in duties and responsibilities, due to the issuance of a new classification standard or the correction of a classification error, as published by NG-Jl-TNC. b. A non-competitive promotion resulting when an employee position description (PD) is changed by NGB-Jl-TNC as an amended PD; or, when the PD is abolished and replaced with a new PD that is classified higher-grade because of additional duties and responsibilities that meet the criteria to be accomplished non-competitively. c. Actions involving statutory, regulatory or administrative placement, to include actions directed by NGB, DoD, or OPM, arbitration decisions, court decisions, local settlements and discrimination complaint decisions. d. Career ladder promotion(s), e.g., a promotion without further competition of an employee who was appointed from a civil service register, by delegated examining authority, by direct hire, by noncompetitive appointment or non-competitive conversion, or under competitive procedures of this plan for an assignment intended to prepare the employee for the position being filled-the intent must be made as a matter of record and career ladders must be documented. e. Promotion to a grade previously held on a permanent basis, from which the employee was separated or demoted for other than performance or conduct reasons. 9

11 f. Promotion, reassignment, demotion, transfer, reinstatement, or detail to a position having no greater promotion potential than that of a position an employee currently holds or previously held on permanent basis, from which he/she was separated or demoted for other than performance or conduct reasons. g. Placements made during or in-lieu of a RIF as permitted by governing regulations. h. Temporary promotions of 120 days or less. Temporary promotions during the preceding 12 months, under non-competitive time-limited promotions to higher-grade positions count toward the 120 day total. i. Details to higher-graded positions of 120 days or less, or to positions with known promotion potential. Details during the preceding 12 months under non-competitive details to higher grade positions and noncompetitive time-limited promotions, count toward the 120 day total. j. Promotion or placement of an employee entitled to non-competitive priority consideration as corrective action for failure to be given proper consideration under the requirements of this plan. k. If an employee fails to receive proper consideration under a previous recruitment (promotion or reassignment action), and the improper personnel action is allowed to stand, the employee is considered-for the next appropriate and bona fide vacancy, i.e., at the same grade of the position previously denied and one for which the employee is fully qualified and available. l. An employee is entitled to only one consideration for each failure to receive proper consideration under this provision, unless otherwise directed. The selecting official is not required to select an employee referred under this provision. m. Placement of employees who have eligibility for special consideration for re-promotion-these employees are those who are receiving grade or pay retention due to involuntary placement in lower grade or declination of a functional transfer. (1) If fully qualified, they are referred to the selecting official for positions up to and including their former grade before a competitive referral list is issued. (2) The selecting official is not required to select an employee referred under this provision. (3) Declination of a valid offer at an intervening grade will terminate the employee's entitlement to re-promotion consideration at the grade level referred, but the employee will continue to receive special consideration for higher grades, up to and including that from which downgraded. n. Other types of actions not specified above which are permitted by regulation and are consistent with the spirit and intent of the merit principles delineated in TS, United States Code. 10

12 CHAPTER 3 LOCATING AND EVALUATING CANDIDATES 3-1. JOB ANALYSIS. Prior to advertising for recruit and fill of NG TS Excepted Service employee positions, a completed formal job analysis and crediting plan are required. This mandatory personnel action is a systematic method for gathering information. It focuses on the position's work behaviors, tasks, and outcomes. The competencies (knowledge, skills, abilities, and behaviors) must be identified in the job analysis and serve as the foundation for the HR specialist's assessment strategy. The HR specialist in coordination with the First Line Supervisor, must spend adequate time in the beginning of the process to perform a thorough assessment of the position's competencies, as defined by the job analysis, and clearly identify the competencies required to minimally qualify and fully qualify based on the crediting plan rating system CREDITING PLAN. This document provides an objective statement of the. position's qualification requirements and criteria against which applicants are evaluated. For TS positions, the numeric values are applied in the crediting plan to rate the candidates' capabilities and co:qipetencies to successfully perform the position's described duties and responsibilities. The crediting plan is developed as a result of a job analysis that identified the position's knowledge, skills, abilities, and competencies AREAS OF CONSIDERATION (AOC). The area of consideration to compete for the position must be sufficiently broad to ensure the availability of a reasonable number of qualified candidates, taking into account the nature and level of the position to be filled, merit principles, affomative action goals and objectives, applicable regulations, and requirements of negotiated agreements. The AOC is identified in the USAJOBS Job Opportunity/Announcement (JOA). JOA's will normally remain open for receipt of applications a minimum of 14 calendar days. Management positions may be advertised less than 14 days. a. Non-Bargaining Unit Positions. The area of consideration for each specific position vacancy announcement will be that deemed most appropriate by the HRO, in coordination with each respective Director, to ensure the receipt of sufficient Highly-Qualified candidates. The type of position, availability of candidates, position qualifications, budgetary and work force limitations, and compatibility requirements (T32) will be considered in determining the area of consideration. b. Bargaining Unit Positions. The employer has the right to fill vacant full-time support positions from among properly ranked and certified candidates for promotion, or from any other appropriate source. The area of consideration for bargaining unit employee vacancy announcements will be: AREAS OF CONSIDERATION (AOC) T32 DS bargaining unit employee vacancies: Area 1 ; Current permanent and indefinite Technicians of the Nebraska Army or Air National Guard; and current Title S employees of the Nebraska Military Department who are military members of the Nebraska National Guard. Area 2 -All Drill Status/M-Day members and temporary Technicians of the Nebraska Air or Army National Guard. 11

13 Area 3 -Current military service members who are willing and eligible to become members of the Nebraska Air or Army National Guard. Area 4-All qualified candidates eligible and willing to become a member of the Nebraska Air or Army National Guard prior to the effective date of hire. NG TS bargaining unit employee vacancies: Area 1- Currently employed T32/T5 full-time permanent, indefinite and term personnel of the Nebraska Air or Army National Guard Area 2 -All current Career Conditional/Career Status Federal Employees and Reinstatement Eligibles Area 3 -Open to Public (Nationwide)- United States citizens Exception Area-All On-Board T32/T5 in a specific Directorate/Unit/Wing (Only used in cases where organizations are at their authorized funding level or possible RIF). Must be approved by HRO and Union if bargaining position REQUEST FOR FILLING VACANCY (RECRUIT TO FILL). The following procedures will be followed when requesting to fill position vacancies: a. All requests to fill positions must be submitted, through Command channels, to the HRO utilizing the Standard Form (SF) 52, Request for Personnel Action. b. The requesting office will initiate the SF 52 in accordance with the instructions in Appendix B JOB OPPORTUNITY/ANNOUNCEMENTS (JOA). For each NG TS Excepted Service employee position that is advertised on USAJOBS for initial recruit and fill; or, for merit promotion, the JOA must clearly define the series, qualifications and numeric category used to assess each applicant based on the set of identified competencies directly related to the job. For each NG T32 Excepted Service employee position that is advertised on USAJOBS for initial recruit and fill; or, for merit promotion, the JOA must clearly define the series, qualifications. T32 positions will not receive a numeric rating. Applicants meeting basic eligibility will be referred for selection. a. The Human Resources specialist must use the "How You Will Be Evaluated" section of the JOA to clearly communicate to applicants the numeric rating criteria, to include the numeric category and other qualifying factors such as education, certifications, and specialized experience factors, that are applied to assess all applicants as either Highly-Qualified, Well-Qualified, or Qualified. b. In addition, each NG TS Excepted Service position advertised for initial recruit and fill, the JOA must include the veteran preference categories and clearly state/define the type of required documentation needed for each identified preference category in the application. Veterans' preferences apply to permanent, term, and temporary positions for competitive processing. The supervisory probationary process will be managed by CNGBI Vol 431. c. JOA's used to solicit candidates are uploaded to USAJOBS as required when filling vacancies through competitive procedures. 12

14 d. JOA's must include: (1) JOA number, opening, and closing dates. (2) Type of appointment- T32 DS, TS Excepted, permanent, indefinite/term, temporary. (3) Position title/series/grade (to include full performance level, if appropriate) organization and location. ( 4) Sufficient information for the applicant to understand the AOC. (5) A summary of the job duties. ( 6) A statement of the qualification requirements or information on where the qualification requirements are located. (7) Selection Placement Factors: Any special job requirements (i.e., security clearance, certifications, driver's license, etc.). (8) Designation of any special requirements. (9) The Veterans' Preference criteria and eligibility requirements are fully explained (TS Excepted Service positions). (10) Clearly defmed numeric category (at least two groups) used to assess each applicant based on the competencies directly related to the job. (TS Excepted Service positions) (11) EEO statement. (12) That the position being filled is one with known promotion potential, if applicable. (13) Assessment Questionnaire with numeric values - determined by the position's job analysis results. (TS Excepted Service positions) (14) Instructions on how to apply or information on where the instructions are found. (15) JOA's are open for receipt of applications for a minimum period of 14 days or as agreed in the CBA APPLICATION PROCEDURES. Each NG T32 or NG TS applicant is required to submit a resume for processing. All resumes received, accepted, and verified are stored in the USAJOBS database and merit case files. Receipt of applications is accepted by the JOA's closing date via USAJOBS. a. Applicants may apply using a format of their choosing. This includes the use of a resume or application. Applications must contain a clear and concise explanation of how the applicant's experience meets the specialized experience for the position. Failure to provide this information may result in the applicant not receiving proper credit for work experience. b. Applicants must submit official or copies of official college transcripts when substituting education for experience. Transcripts are also required for career fields that have specific education requirements. Credit for post-secondary education will not be given unless transcripts are provided. 13

15 c. Applications for positions advertised at multiple grade levels must indicate the lowest grade the applicant is willing to accept. Applicants will not be considered for positions lower than the lowest grade indicated on the application or announcement. d. Applicants not currently appointed or commissioned, applying for a position requiring officer status, must submit evidence of eligibility for appointment or commission. e. Applicants will apply for advertised positions at All announcements will provide the specific details of how to apply. Applicants may also use the "How to Apply" section on the web site ASSESSMENT. Prior to initiating hiring and promoting competitive procedures through USAJOBS for NG TS Excepted Service personnel and positions, the HR specialist must complete a formal job analysis and crediting plan to ensure the position's competencies and numeric value, where applicable, are correctly assessed. The competencies (knowledge, skills, abilities, and behaviors), required by the position are identified in the job analysis and serve as the foundational criteria for the assessment strategy. The candidates' qualifications to the job are assessed by the HR specialist using the job-related criterion as established and defined in the job analysis and crediting plan for at least two of the numeric categories: Highly-Qualified, Well-Qualified, or Qualified as applicable NUMERIC CATEGORY. Only for TS Excepted Service positions, the position's multiple numeric groups, defined as at least two groups, are established to assess each candidate against job-related criteria defined by the job analysis and crediting plan. Applicants who meet the basic qualification requirements, established for the position, are placed in a numeric group. The position's job analysis and credit plan's ranking factors are knowledge, skills, abilities, and behaviors (KSAB) that are expected to significantly enhance performance in a position; however, are not essential for satisfactory performance. Applicants who possess such competencies are ranked above those who do not; but, no one is rated ineligible solely for failure to possess all defined competencies. a. Highly-Qualified. The numeric category rating normally ranges from points. This higher numeric category group is applied for those candidates who possess the type and quality of experience that substantially exceeds the minimum qualifications of the position, including all selective placement factors and appropriate numeric ranking factor(s) as determined by the job analysis and crediting plan. To be Highly-Qualified, the candidates are considered, by the HR specialist, as highly proficient and fully competent to effectively perform all the job requirements; and, can successfully perform in the position almost immediately, or with a minimum amount of training and/or orientation. b. Well-Qualified. The numeric category normally ranges from points. This next lower numeric category is used for those candidates that meet the minimum qualifications of the position and are proficient in most, but not all, of the requirements of the position. Candidates may require some training and/or orientation in order to satisfactorily perform the duties of the position. c. Qualified. The numeric category normally ranges from points. This lowest group is used for those candidates who meet the minimum qualifications of the position and are proficient in some, but not all, of the position's requirements. Candidates will require extensive training and/or orientation in order to satisfactorily perform the position's duties COMPETITNE PROCEDURES AND CANDIDATE EVALUATIONS FOR NG TS EXCEPTED SERVICE POSITIONS. Assessed applicants are placed in the appropriate numeric category and ranked according to preference eligibility and non-preference eligibility. All qualified preference eligibles are placed ahead of non-preference eligibles within their numeric category. Qualified preference eligibles are ' 14

16 listed in alphabetical order. Qualified non-preference eligibles are listed in alphabetical order. The following are exceptions: a. For scientific and professional positions at the GS Grade 09 or higher, qualified preference eligibles, with a compensable service-connected disability of 10% or more (CPS and CP), are placed ahead of non-preference eligibles within the same numeric category rating. Candidates within the preference groups are listed in alphabetical order. b. For all other positions (series) and grade levels, qualified preference eligibles with a compensable service-connected disability of 10% or more (CPS and CP) are added to the preference eligible list of the highest numeric category rating (Highly-Qualified); and, placed ahead of non-preference eligibles also rated in the highest numeric category rating. Candidates within the preference groups are listed in alphabetical order. 15

17 4 April 2018 NE TPR335 CHAPTER4 GRADE RETENTION 4-1. PURPOSE. The provisions of this chapter apply to employees entitled to grade retention under Section 5362 of Title 5, USC. This provision of the Merit Placement Plan (MPP) does not apply to employees entitled solely to pay retention. It is TAG's intent to provide aggressive priority placement assistance to those employees in grade retention status PLACEMENT ACTIONS. a. Separate retained grade rosters for ARNG and ANG employees who are placed in lower graded positions as the result of RlF or reclassification actions will be maintained by HRO. b. These employees will be afforded priority placement for a period of two (2) years to equal or intervening grade positions for which they meet the NGB/OPM qualifications (T32/T5), and military qualifications for compatibility (T32). Such priority placement efforts will precede normal vacancy publication actions under the MPP. Upon receipt of a request to publish a vacancy announcement, HRO will: ( 1) Review the retained grade roster; (2) Determine if qualified employees are available within the commuting area; (3) If only one qualified employee is identified from the retained grade roster, a reassignment offer will be made and an information copy of the offer will be forwarded to the supervisor who requested the announcement; ( 4) If more than one qualified employee is identified within the commuting area, on "over-graded employee certificate" of all eligible employees will be forwarded to the selecting supervisor for selection; (5) If no qualified employees are identified within the commuting area, reassignment offers will be made to qualified employees outside the commuting area. Information copies of the offers and employee responses will be furnished to the supervisor who requested the announcement. Offers outside the commuting area may be made to equal or intervening grade positions; and (6) If no qualified employees are identified from the retained grade roster, the vacancy announcement will be processed in accordance with this plan. c. Grade and pay retention will be terminated if an employee refuses an offer to a position within the commuting area equal to the employee's retained grade. d. Over-graded employee's names will be removed from the over-graded roster at the expiration of the two (2) year grade retention period. e. Acceptance or declination of a position at an intervening grade will not affect grade retention. (Example: An employee in a retained grade of GS-9 in a GS-7 position who is offered and declines a GS-8 position.) f. Acceptance or declination must be in writing and received within a reasonable amount of time established by the HRO. 16

18 CHAPTERS TEMPORARY APPOINTMENTS NOT TO EXCEED (NTE) 5-1. NG T32 DS TECHNICIAN TEMPORARY APPOINTMENTS (NTE). A temporary appointment is authorized outside competitive procedures if the duration of the appointment is not to exceed one year (12 months from the date hired Tenure "O"). Selections for temporary appointments must meet the qualifications for the position and at the grade level for which employed. a. Temporary (NTE) appointments for short periods of time are generally filled at the full performance level. b. Temporary (NTE) appointments may be terminated with no notice when the position or the employee's services are no longer needed. c. A temporary (NTE) appointment does not confer permanent status. d. Employees appointed for less than one year can be extended beyond the first year in one year increments up to a total of 4 years NG T32 DS I TS Excepted (INDEFINITE). Appointments based on indefinite tenure ("3") are used when there are needs for the position to accomplish special projects. a. Competitive procedures are always applied when filling positions as temporary appointments with indefinite tenures. b. A temporary appointment with indefinite tenure does not confer permanent status unless identified in the advertisement. c. Temporary appointments with indefinite tenures are terminated when the positions and/or the employees' services are no longer required. d. Terminations for all temporary appointments with indefinite tenure require a thirty (30) day written notification by the HRO to the employee. e. Temporary appointments with indefinite tenure employees may be promoted, reassigned, or changed to a lower grade with competition to other positions TEMPORARY APPOINTMENTS TS (NOT TO EXCEED-NTE). A temporary appointment is not authorized outside competitive procedures. Selections for temporary appointments must meet the qualifications for the position and at the grade level for which employed. a. Temporary (NTE) appointments for short periods of time are generally filled at the full performance level. b. Temporary (NTE) appointments may be terminated with no notice when the position or the employee's services are no longer needed. c. A temporary (NTE) appointment does not confer permanent status. 17

19 d. Employees appointed for less than one year can be extended beyond the first year in one year increments up to a total of 3 years. 18

20 4 April 2018 NE TPR335 CHAPTER6 EVALUATING CANDIDATES 6-1. RANKING PANELS. The Human Resources Officer or his/her designee may appoint a ranking panel of 3 members to evaluate and rank candidates for referral to the selecting official, when there are more than 10 fully qualified applicants within a designated area of consideration (T32) or numeric category rating (TS). Members of the ranking panel will be of equal or higher grade than the position being evaluated and must have technical knowledge in the career field in which the position exists. Additionally, an HRO representative who is qualified in qualification examination techniques will serve as a non-voting member of the ranking panel. At the supervisor's discretion, he/she may elect to forego the ranking panel and interview all of the candidates. a. Exception to rule of 10; if more than 10 Veteran's Preference eligible applicants are referred in any one numeric category rating all preference eligible must be interviewed JOB ANALYSIS. The specialized experience identified in the NGB/OPM qualification standards will normally be used when it is necessary to refine a list of eligible applicants through the evaluation process. In cases where the NGB/OPM standards are overly broad, the HRO may conduct a job analysis and consult with the selecting official to determine what will be used by the ranking panel. Three to eight factors will normally be used EVALUATION OF APPLICANTS. When a panel is used, all applications meeting the basic eligibility requirements will be presented for evaluation. Experience will be evaluated in terms of type and quality in relation to the requirements of the position. Length of service or experience may be used when there is a clear relationship with quality of performance. Experience will be rated in categories as shown below: a. "A" Level (21-30 Points). The applicant possesses the type and quality of experience/training that substantially exceeds the basic requirements of the position, including selective placement factors, that would allow the applicant to perform effectively in the position almost immediately or with a minimum of training and/or orientation. b. "B" Level (11-20 Points). The applicant possesses the type and quality of experience/training that exceeds the basic requirements of the position, including selective placement factors that would allow the applicant to perform effectively in the position within a reasonable period of time (3 to 6 months). c. "C" Level (1-10 Points). The applicant satisfies the basic requirements of the position with respect to experience/training, including selective placement factors. However, type and quality of experience or training beyond that which is basically required is minimal and extensive additional training or orientation would be required to enable the applicant to satisfactorily perform the duties of the position PERFORMANCE AND AWARDS. a. Credit is awarded for outstanding performance ratings and suggestion awards conferred at the next lower qualifying grade. The HRO staffing specialist will analyze the awards record to assess the qualifications demonstrated and their bearing on the requirements of the position being filled. The date of the award or rating is also considered to assure that current qualifications are reflected. b. Awards that are more than 3 years old will not be considered. A maximum of five (5) points may be credited for this factor. Points are assigned as follows: 19

21 4 April 2018 NE TPR335 Outstanding Performance Rating Sustained Superior Performance/QSI Suggestion Award Total Possible Award Age of Performance Rating or Award 1 year 2 years years OVERALL RATING. Points credited for performance or awards will be added to the rating for experience/education to determine the applicants' fmal score REFERRAL AND SELECTION CERTIFICATE. When more than 10 candidates are eligible for referral, no less than 5 or more than 10 candidates will be referred. The top 5 applicants, arrived at through the evaluation process, will be listed as Highly-Qualified on the certificate of eligibles as outlined in Chapter 7. 20

22 CHAPTER 7 REFERRAL AND SELECTION PROCEDURES 7-1. REFERRAL OF APPLICANTS. Following the determination of basic eligibility and evaluation of applicants as outlined in Chapter 3 (if applicable), the HRO will: a. Notify those applicants not meeting the minimum qualifications. b. Notify those applicants who were found qualified at the trainee level. c. Notify those applicants who were rated by the ranking panel as basically qualified, but not referred for consideration. d. Notify Area 2 applicants when Area 1 applicants have been referred for bargaining unit positions (T32). e. Notify Qualified and Well-Qualified applicants when Highly-Qualified applicants have been referred (TS). f. Certify to the selecting official the qualified applicants. Applicants will be listed alphabetically. Qualified applicants will be referred, on separate certificates, in the following order: (1) Non-Bargaining Unit Positions (T32); (i) Highly-Qualified (when a ranking panel is convened); (ii) Fully Qualified (Target Grade); (2) Bargaining Unit Positions (T32); (i) Highly-Qualified Area 1 (when a ranking panel is convened); (ii) Fully Qualified Area 1; (iii) Highly-Qualified Area 2 applicants (when a ranking panel is convened); (iv) Fully Qualified Area 2 applicants; (v) Highly-Qualified Area 3 (when a ranking panel is convened); (vi) Fully Qualified Area 3; (vii) Highly-Qualified Area 4 (when a ranking panel is convened); (viii) Fully Qualified Area 4; (ix) Trainee Qualified applicants. 21

23 g. Subsequent Areas of Consideration (Area 2, Area 3, Area 4 and Trainees) will be referred after the selecting official has interviewed, considered, and placed in abeyance applicants from the previous Area of Consideration in the referral orders. (1) T5(Target Grade) positions (i) Highly-Qualified Preference Eligibles (ii) Highly-Qualified Non-Preference Eligibles (iii) Well-Qualified Preference Eligibles (iv) Well-Qualified Non-Preference Eligibles (v) Qualified Preference Eligibles (vi) Qualified Non-Preference Eligibles (2) T5(Trainee Grade) positions (i) Highly-Qualified Preference Eligibles (ii) Highly-Qualified Non-Preference Eligibles (iii) Well-Qualified Preference Eligibles (iv) Well Qualified Non-Preference Eligibles (v) Qualified Preference Eligibles (vi) Qualified Non-Preference Eligibles h. Certificates of eligibility will be valid for a period of 45 calendar days. If a selection is not made within 45 calendar days, the HRO will notify the selecting official that the certificate is overdue and the position will again be considered for fill through placement procedures. If there is no one eligible for Priority Placement consideration, the HRO may either extend the certificate provided the supervisor provides adequate justification for the delay or cancel the certificate at the discretion of the HRO. The selection process, to include certifying, ranking, referral, interviews, and selection should be concluded within eighty (80) calendar days after the closing date of the vacancy announcement. Time extensions may be approved by the HRO ACTION BY THE SELECTING OFFICIAL. Prior to receipt of certificate of eligible, selecting official will receive HRO approval of interview questions and selection panel members. a. Upon receipt of the T32 certificate of eligibles, the selecting official will interview all applicants referred on the certificate of eligibles. If the selecting supervisor chooses not to select from a certificate of eligibles, he/she will place applicants in abeyance and then request the next certificate of eligibles from the HRO. The HRO will issue an Area 2, Area 3 or Area 4 or Trainee certificate as appropriate. The referral and interview process will be repeated until the supervisor makes a selection or has interviewed all of the referred applicants and elects to select or non-select. 22

24 b. Upon receipt of the TS certificate of eligibles, the selecting official will interview all applicants referred on the certificate of eligibles. If preference eligibles were referred, the selecting official must make a selection from preference eligibles unless there are grounds for a pass over and the agency has complied with pass over procedures. If there are less than three applicants in any numeric category, the supervisor may request to merge the next numeric category; however if there are preference eligible in the lower numeric category, they must be interviewed first. c. The selecting official may choose to use a selection panel. If a panel is used it should consist of at least two non-bargaining unit members with the selecting official chairing the panel. The selecting official will be the first line supervisor of the position being filled. Members of the selection panel will be of equal or higher grade than the position being evaluated and must have technical knowledge in the career field in which the position exists. The panel composition should reflect the diversity of the applicant pool if possible. A non-voting subject matter expert (i.e. traditional/m-day) may be appointed to advise the interview panel and will not be part of the selection process. Military unit commanders may be part of the board when the position advertised has direct impact on the unit and there is no higher level full time employee within the unit (i.e. Administrative Officer (AO) or, Readiness Technician). Nepotism is prohibited when serving as member of a selection panel. (1) Every effort will be made to conduct personal interviews with all applicants. If this is not possible, telephone interviews may be conducted. interviews may be conducted with mobilized employees as a last option. Reasonable efforts should be made to contact the applicants (i.e. telephone number and ). Should the selecting official be unable to contact an applicant after several attempts, he/she may proceed with the interview process. A record of the dates and times of the attempts to notify the applicant will be included on the return endorsement of the certificate to the HRO. Failure to contact a mobilized employee who applies does not disqualify the employee from consideration. The mobilized employee may be selected based on their application only. (2) All rating and selection procedures will be based on careful analysis of the duties of the job to be filled, and to be clearly related to the ability to perform these duties. This also applies to the interview process. The selecting official will: (i) Conduct an analysis of the job to identify the job elements to be measured in the interview; (ii) Develop a standardized set of questions for use with all of the applicants, which will measure the job elements identified. Questions should be job-related, open-ended, and not have just one "correct" answer; (iii) Review each candidate's application and supporting documentation in detail; (iv) Review the electronic Official Personnel Folder (eopf) in the Nebraska HRO, if applicable and available; (v) Since the candidates' qualifications have been evaluated prior to referral, written performance or job knowledge tests can NOT and will NOT be administered by the selecting official. d. The selection process will be based on a number of considerations. Primary consideration will be toward meeting the objectives of the employer's mission. Other considerations include 23

25 comparison of the abilities of each candidate, the selecting official's judgment concerning the candidate who best fits the needs of the position and the candidate's potential for successful performance in the position. The selecting official is entitled to select or non-select any applicant referred to him/her, subject to the limitations in this chapter. The selecting official may contact the current and/or past employer(s) of a job applicant who is under final consideration for appointment to obtain pertinent information regarding the applicant's qualifications, character, and record of employment. This includes contacting the current employer of an applicant who has indicated on his or her application that the employer should not be contacted provided: ( 1) The applicant has been tentatively selected for appointment; and, (2) The applicant is contacted and gives permission to contact his or her current employer. If at this point, the applicant continues to refuse to have his or her employer contacted, the applicant may be removed from consideration. e. Ensure the tentative selectee meets the military requirements (T32 DS). The supervisor will verify, with the appropriate military personnel office, that the selectee is eligible for assignment to a compatible military position. If the individual is not compatible, whether through unit/organization of assignment, or AFSC/MOS, forward documentation to HRO along with the selecting package showing the individual has been placed into a compatible position. This action must be prior to or coincide with the effective date of the requested personnel action (T32 DS). This includes but is not limited to physical requirements, satisfactory A VSAB scores, suitability for security clearance, and military grade to prevent grade inversion. Selectees cannot be placed or appointed to the position until they meet compatibility requirements. f. Make a final selection. After completing interviews and evaluating the applicant's qualifications, character, and records of employment the supervisor will make a final selection with written justification. If a Fully-Qualified applicant is selected over a Highly-Qualified applicant, or a trainee qualified applicant over a Fully-Qualified or Highly-Qualified applicant, stronger justification is needed. This selection is subject to review by the State Equal Employment Manager (SEEM) and approval by The Adjutant General or his/her designated representative. The supervisor must exercise caution to prevent release of the selectee's name prior to approval. g. Endorse the certificate of eligibles and return all applications, interview questions, score sheets, certificates, and endorsements. A proposed effective date can be requested for the personnel action but must be approved at the HR Office. The entire completed employment package must arrive in the HRO at least three (3) work days prior to the beginning of the pay period in which the action is to be effected. Effective dates should be at the beginning of the pay period or the first day the individual reports for work, whichever is applicable. The complete interview package will be forwarded through command channels to the HRO. h. If all applicants are rejected after being interviewed, the selecting official will return the certificate to the HRO with reasonable justification as to why a selection was not made. Once approved by the HRO, the position may be re-advertised, if requested EQUAL EMPLOYMENT MANAGER REVIEW AND TAG/HRO APPROVAL. Upon receipt, the selection package will be reviewed by the State Equal Employment Manager (SEEM) to determine if the selection meets the Affirmative Employment Program objectives/goals established by The Adjutant General of Nebraska. The Adjutant General or his/her designee may: 24

26 a. Approve the selection. b. Direct the supervisor to reconsider his/her selection. c. Recommend alternate selection to the supervisor. d. Direct the vacancy announcement be closed without selection and the vacancy be re-advertised. e. Re-interview applicants due to an error in the selection package. f. Request the supervisor revise the justification NOTIFICATION. After The Adjutant General or his/her designee approves the selection, the HRO will: a. Authorize the selecting supervisor to inform the selectee of the tentative job offer pending resolution of military compatibility issues. Selectee must meet compatibility requirements prior to appointment to the position. After this is accomplished, the supervisor will notify the other applicants, by telephone, in person or when the person is L WOP and not available by phone (i.e. deployed), that they were not selected. b. Require the supervisor to document assignment of the selectee to a compatible military position. c. Inform the supervisor and/or the selectee when the employee will be in-processed. d. Notify, by , those applicants who were not selected. e. Initiate Standard Form 50, Notification of Personnel Action, to effect appropriate personnel action. f. Provide the Supervisor's Employee Brief or TAGNE Form, 904-1, Supervisor's Record of Technician Employment for new employees. This form will be hand carried by the individual to the supervisor START DATE. The effective date for non-appointment personnel actions will be the first day (Sunday) of each biweekly pay period. For new appointments, it wih be the first duty day normally Monday or Tuesday of a pay period, according the individual's work schedule. The effective date for new employees under a temporary intermittent work schedule who report for work on other than the first scheduled workday of the pay period will be the actual day they report. If the selectee is currently an on-board employee, the gaining supervisor must coordinate a start date with the losing supervisor allowing the employee to assume his/her new position as soon as practicable. Release will normally be within two weeks after selection. The gaining supervisor must keep the HRO informed when this situation arises. 25

27 4 April 2018 NE TPR335 CHAPTERS RECORDKEEPING AND PROGRAM REVIEW 8-1. RECORDKEEPING. HRO will maintain a record of each position filled, using processes described in this plan, sufficient to allow for reconstruction of the placement action. The NG follows The Army Records Management System (ARIMS), AR a. Complete placement/promotion records will be maintained by the HRO to: ( 1) Provide a clear record of the action taken; (2) Evaluate the merit placement program; (3) Provide proof that merit placement actions are being made on a fair and equitable basis in accordance with this plan. b. The required information includes, but is not limited to: (1) The Job Opportunity Announcement; (2) The resume and supporting documents submitted by all applicants; (3) The individual qualification sheets, if used - the panel ranking sheets; ( 4). Correspondence to and from applicants; (5) The referral certificate and selecting official's endorsement; (6) Supervisor's request for advanced in-hire rates, or incentives; (7) Record of Priority Placement lists having been cleared; (8) National Guard Bureau qualifications standards used in the evaluation and rating process; (9) Copy of the Standard Form 52, Request for Personnel Action RETENTION. Retention periods may change occasionally because Qf statutory, legal, financial, or administrative requirements. The records must be retained in the local files area for up to two years (5 CPR ). If disputed, case files are retained by the HRO until claim is settled. Selecting Officials are required to maintain all documents that were used in the selection process for a minimum of two years. (Panel Ranking Sheets, interview questions, or correspondence to and from applicants) 8-3. MERIT PLACEMENT PROGRAM REVIEW. At a minimum, HRO will make provisions to review its merit promotion and internal placement program annually. To support continued use of specific procedures, and to ensure proper administration, use, and control, the HRO must have a system for reviewing the need and appropriateness of its procedures. This includes gathering of data to illustrate the effectiveness of each procedure and subsequent documentation. Where NG-J 1-TN determines an HRO does not meet the requirements of this plan, it will require the HRO to modify or suspend any procedures which NGB determines are deficient and/or unsatisfactory. The NGB, DoD, and/or OPM may/will inspect the state to see that the provisions of this and other regulatory guidance is followed; and make periodic reviews of the use of evaluation procedures in the state in order to evaluate the effectiveness of 26

28 this plan. Each has the authority to require the HRO to modify or suspend any procedures, which do not meet the requirements in this plan PRN ACY PROTECTION. Information relating to individual placement actions or to the applicant will not be discussed with or shown to unauthorized individuals. Supervisors and personnel specialists participating in merit placement actions will not disclose the details of their work to unauthorized persons. 27

29 CHAPTER9 CORRECTIVE ACTION AND GRIEVANCE COMPLAINTS 9-1. GRIEVANCES AND COMPLAINTS. NG T32 DS Technicians and the NG TS employees may have the right to file a grievance concerning merit promotion matters under the Nebraska NG administrative grievance procedures or under the negotiated grievance procedure, as appropriate. NGB or OPM may conduct investigations of violations of the merit placement program or selection processes and direct corrective action(s). Management and the HRO staff will make every effort to informally resolve employees' concerns regarding placement actions. An employee may not file both a formal grievance and an EEO complaint at the same time for the same issue. However, if an applicant believes that he/she was not provided due consideration because of reprisal or race, color, national origin, gender, religion, age ( over 40 but under 65), disability, or sexual orientation, he/she may file a complaint through the appropriate Nebraska NG Equal Opportunity program. To have complaints considered through the EEO process, individuals must contact an EEO counselor within 45 days from the date of the matter alleged to be discriminating or, in the case of personnel action, within 45 days of the effective date of the action EXCLUSIONS. While violations of Merit Placement and Promotion procedures are proper subjects for complaints or grievances, non-selection from among a group of properly referred, qualified applicants is not a basis for a complaint or grievance. Management has the right to determine qualifications and the appropriate source of candidates most likely to best meet mission needs CORRECTIVE ACTION. Failure to adhere strictly to laws, OPM regulations and instructions, DoD, or NGB instruction, policies and guidelines must be promptly rectified by the state involved. An example of a required corrective action may be to rectify a violation incident that involved an applicant who was erroneously promoted or appointed. The nature and extent of actions taken in any case must be determined on the basis of all the verified and validated facts in the case. The provisions of this paragraph do not restrict the remedies that are afforded in resolving a grievance TIME LIMITATIONS. Complaints must be timely in order to preserve the rights of other applicants. A grievance must be presented within the time limitations established under applicable grievance procedures. 28

30 CHAPTER l0 KEY STAFF POSITIONS PURPOSE. This chapter identifies those Technician positions in the Nebraska National Guard considered to be Key Staff Positions. A Key Staff position is a T32 DS Technician senior managerial position whose incumbent is a member of the immediate staff of TAG; or, who reports directly to or under the direction of TAG. In accordance with NGB guidance on Key Staff Positions, these positions are filled solely on the basis of merit. All NG employees are provided the maximum opportunity to compete for placement opportunities KEY STAFF POSITIONS. All Key Staff positions of the Nebraska National Guard are as identified in TN Policy on Key Staff Positions. Such positions may serve as head or deputy of a major organization within a state; or direct a specialized program of marked difficulty, responsibility and statewide significance QUALIFICATIONS. Appointees to Key Staff Positions must meet the qualification requirements for the positions established by NGB, and maintain a compatible military assignment. The HRO staffing section will screen eopf, if applicable, to determine those individuals having the necessary qualifications for the position. Key Staff Positions are not required to have a vacancy announcement published REFERRAL AND SELECTION. Actions are taken to assure that every effort is made to reach all potential candidates based on.the criteria provided by the TAG (i.e., military rank, military assignment, and occupational series) or selecting official. The HRO will review personnel folders (Technician and military) to determine those candidates having the necessary qualifications for the position. A list of eligibles (Dual Status Technicians, AGR, Traditional Guardsmen, or TS employees that have maintained military membership) is established based on the results and submitted to the selecting official. USERS OF THIS PUBLICATION ARE INVITED TO SEND COMMENTS AND SUGGESTED IMPROVEMENTS ON DA FORM 2028 (RECOMMENDED CHANGES TO PUBLICATIONS AND BLANK FORMS) TO TAG-HRO, 2433 NW 24 th Street, LINCOLN, NE BY ORDER OF THE GOVERNOR: DARYL L. BOHAC Major General The Adjutant General CRAIG W. STRONG COL,MP, USA Human Resources Officer DISTRIBUTION: "Special" (1 ea. Tech Supv) (1 ea. Mil Dept. Activity/Organization) 29