[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Rules and Regulations]
[Pages 15285-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7789]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 61 / Wednesday, March 31, 1999 / 
Rules and Regulations  

[[Page 15285]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 316

RIN 3206-A145


Temporary and Term Employment

AGENCY: Office of Personnel Management.

ACTION: Final regulation.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to allow for 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.

EFFECTIVE DATE: April 30, 1999.

FOR FURTHER INFORMATION CONTACT: Diane Tyrrell on 202-606-0830, FAX 
202-606-2329, or TDD 202-606-0023.

SUPPLEMENTARY INFORMATION: On November 18, 1998, [63 FR 64008] OPM 
published proposed regulations and received comments from six Federal 
agency headquarters, six agency components, one employee organization, 
and one individual. Following is a summary of the regulatory provision 
and the relevant comments.

Providing Added Advancement Opportunity for Individuals Hired as 
Worker-Trainees Under the TAPER (Temporary Appointment Pending the 
Establishment of a Register) Authority

    We proposed to raise the maximum grade level for promotion to the 
GS-4, WG-5, or equivalent in the Federal Wage System, for employees who 
are serving as Worker-Trainees under the TAPER authority. In response 
to this proposal, one agency component suggested that the opportunity 
for advancement be increased to the GS-5 level, and one agency 
headquarters suggested that there be no limitation on the grade level 
to which these employees may be promoted. These possibilities were 
considered during the development of the proposed regulatory change. 
Because these are trainee positions requiring minimal or limited 
skills, it would be inappropriate to permit promotions beyond the GS-4 
and WG-5, or equivalent, as those levels do not reflect trainee level 
work. We have, therefore, not adopted these suggestions.
    One agency component suggested that this regulatory provision be 
amended to permit initial appointments under the program be made up to 
the GS-3, and WG-4, or equivalent level in the Federal Wage System. 
This suggestion is not consistent with the intent of the Worker-Trainee 
program. This program is designed to provide a simple process to allow 
individuals with limited skills the opportunity to qualify and apply 
for positions in the Federal government. Those individuals who do 
possess skills which qualify them for higher level positions should be 
recruited using traditional competitive recruitment methods. We have 
not adopted this suggestion.
    One agency requested that the regulatory change include a 
``grandfather clause'' to enable those employees who are already 
employed under this program to be covered by this change. All employees 
serving as Worker-Trainees under the TAPER authority will be subject to 
the changes that are implemented in the final regulation. A grandfather 
clause is, therefore, unnecessary since all employees employed under 
the program would receive coverage under the regulatory change.
    One agency component suggested modification of the Student 
Temporary Employment Program Authority which the agency has used in 
appointing welfare recipients under the President's Welfare to Work 
initiative. This request is outside the scope of this proposal.
    One employee organization and one individual commenter expressed 
similar concerns about providing added advantage to those hired under 
the worker-trainee program as opposed to other employees who have not 
been afforded the same benefits. Their specific concern was with regard 
to the recruitment method and the perception that unfair advantage had 
been given to those hired under this program while involuntarily 
separated federal employees had not been given the same priority in 
hiring. These commenters also stated that they believe agencies created 
positions to be filled under this initiative and that the result of 
this regulation will be to provide additional advantage in the 
promotion process. They believe these program aspects provide added 
benefits that other employees do not have. In addressing these 
concerns, we would like to point out that recruitment for positions 
under the welfare to work initiative has been accomplished through 
typical recruitment methods. Federal regulations require the 
application of displaced employment program procedures as well as 
veterans preference in the recruitment process, thus providing the 
opportunity for involuntarily separated federal employees and veterans 
to receive the same priority and preference in the hiring process as 
they do for any other position. Positions filled under the worker-
trainee program are primarily the result of reengineering existing 
positions, rather than creating new ones, thus allowing recruitment at 
lower levels in order to provide experience and training which will 
help to prepare these employees to perform the higher level duties and 
to qualify for consideration for promotion. This is the same process 
that is used when hiring employees into most entry level clerical and 
trainee positions which have promotion potential to higher grade levels 
and, therefore, subjects them to the same promotion process. The 
additional concerns that were raised by these commenters regarding the 
receipt by worker-trainees of benefits from outside sources and the 
benefits entitlements of employees under temporary versus TAPER 
appointments are outside the scope of this proposal.
    After considering all of the comments, we believe our original 
proposal represents a reasonable compromise. Therefore, the final 
regulation will allow promotion of Worker-Trainees under the TAPER 
authority to be made up to the GS-4, WG-5 or equivalent level in the 
Federal Wage System.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities

[[Page 15286]]

because the regulation pertains only to Federal employees and agencies.

List of Subjects in 5 CFR Part 316

    Government employees.

Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is amending 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. Page 218).

    2. Section 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. 99-7789 Filed 3-30-99; 8:45 am]
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