We will be glad to submit part 300. Mr. HAWKINS. Would you submit that for the record. [Information referred to follows:] PART 300-EMPLOYMENT (GENERAL) Sec. 300.101 Purpose SUBPART A. EMPLOYMENT PRACTICES 300.102 Policy 300.103 Basic requirements 300.104 Appeals, grievances, and complaints SUBPART B. (RESERVED) SUBPART C. COMMISSION APPROVAL IN FILLING POSITIONS IN GS-16 AND ABOVE 300.301 Commission approval in filling positions in GS-16 and above AUTHORITY: The provisions of this part 300 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218; unless otherwise noted. Sections 300.101-300.104 also issued under 5 U.S.C. secs. 7151, 7154, E.O. 11478; 3 CFR, 1966-70 Comp. p. 803. Sections 300.601 to 300.605 interpret and apply 5 U.S.C. 3101 note. SUBPART A. EMPLOYMENT PRACTICES Sec. 300.101 Purpose. The purpose of this subpart is to establish principles to govern, as nearly as is administratively feasible and practical, the employment practices of the Federal Government generally, and of individual agencies, that affect the recruitment, measurement, ranking, and selection of individuals for initial appointment and competitive promotion in the competitive service or in positions in the Government of the District of Columbia required to be filled in the same manner that positions in the competitive service are filled. For the purpose of this subpart, the term "employment practices" includes the development and use of examinations, qualification standards, tests, and other measurement instruments. Sec. 300.102 Policy. This subpart is directed to implementation of the policy. that competitive employment practices: (a) Be practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of candidates for the jobs to be filled; (b) Result in selection from among the best qualified candidates; (c) Be developed and used without discrimination because of race, color, religion, sex, age,← national origin, partisan political affiliation, or other nonmerit grounds; and (d) Insure to the candidate opportunity for appeal or administrative review, as appropriate. Sec. 300.103 Basic requirements. (a) Job analysis. Each employment practice of the Federal Government generally, and of individual agencies, shall be based on a job analysis to identify : (1) The basic duties and responsibilities; (2) The knowledges, skills, and abilities required to perform the duties and responsibilities; and (3) The factors that are important in evaluating candidates. The job analysis may cover a single position or group of positions, or an occupation or group of occupations, having common characteristics. (b) Relevance. (1) There shall be a rational relationship between performance in the position to be filled (or in the target position in the case of an entry position) and the employment practice used. The demonstration of rational relationship shall include a showing that the employment practice was professionally developed. A minimum educational requirement may not be established except as authorized under section 3308 of title 5, United States Code. (2) In the case of an entry position the required relevance may be based upon the target position when (i) The entry position is a training position or the first of a progressive series of established training and development positions leading to a target position at a higher level; and (ii) New employees, within a reasonable period of time and in the great majority of cases, can expect to progress to a target position at a higher level. (c) Equal employment opportunity. An employment practice shall not discrimate on the basis of race, color, religion, sex, age, national origin, partisan political affiliation, or other nonmerit factor. This requirement is generally met when an employment practice is relevant to performance in the position to be filled (or in the target position in the case of an entry position). Sec. 300.104 Appeals, grievance and complaints. (a) Employment practices. (1) A candidate who believes that an employment practice which was applied to him and which is administered or required by the Commission violates a basic requirement in section 300.103 is entitled to appeal to the Commission. (2) An appeal shall be in writing, shall set forth the basis for the candidate's belief that a violation occurred, and shall be filed with the Appeals Review Board, U.S. Civil Service Commission, Washington, D.C. 20415, no later than 15 days from the date the employment practice was applied to the candidate or the date he became aware of the results of the application of the employment practice. The board may extend the time limit in this subparagraph for good cause shown by the candidate. (3) An appeal shall be processed in accordance with subpart D of part 772 of this chapter. (b) Examination ratings. A candidate may file an appeal with the Commission from his examination rating or the rejection of his application. The appeal shall be filed and processed in accordance with instructions in chapter 337 of the FEDERAL PERSONNEL MANUAL. (c) Complaints and grievances to an agency. (1) A candidate may file a complaint with an agency when he believes that an employment practice which was applied to him and which is administered or required by the agency discriminates against him on the basis of race, color, religion, sex, or national origin; →or age, provided that at the time of the alleged discriminatory action the candidate was at least 40 years of age but less than 65 years of age.← The complaint shall be filed and processed in accordance with →subparts B and E← of part 713 of this chapter, (2) Except as provided in subparagraph (1) of this paragraph, an employee may file a grievance with an agency when he believes that an employment practice which was applied to him and which is administered or required by the agency violates a basic requirement in section 300.103. The grievance shall be filed and processed under the agency grievance system, or a negotiated grievance system, established in accordance with subpart C of part 771 of this chapter. SUBPART C. COMMISSION SUBPART B. (RESERVED) APPROVAL IN FILLING POSITIONS IN GS-16 AND ABOVE Sec. 300.301 Commisson approval in filling positions in GS-16 and above. An agency, unless excepted from this requirement by law, may fill a competitive or expected position classified in GS-16, GS-17, or GS-18 only by a person whose qualifications for the position have been approved by the Commission. (5 U.S.C. 3324) SUBPART D. CEILING ON PERMANENT EMPLOYEES Sec. 300.401 Limitations on career appointments and conversions. The Commission may not permit an agency to make an initial career appointment or a conversion to career employment which would increase the number of permanent personnel of the Federal Government above the total number of permanent employees permitted by the Whitten amendment. (5 U.S.C. 3101 note) SUBPART E. OBLIGATED POSITIONS Sec. 300.501 Definitions. In this subpart: (a) Active military duty means active duty in full pay status in the Armed Forces of the United States, including an initial period of active duty for training. (b) Obligated position means a position to which an employee has a statutory restoration right based on active military duty or a reemployment right based on subpart B of part 352 of this chapter. Sec. 300.502 Restriction on filling obligated position on permanent basis. An agency may fill an obligated position on a permanent basis, only : (a) By reassignment through reduction in force to or below a grade (or level) permanently held by the employee before September 1, 1950; or (b) By demotion to or below a grade (or level) permanently held by the employee before September 1, 1950. (5 U.S.C. 3101 note) SUBPART F. TIME-IN-GRADE RESTRICTIONS Sec. 300.601 Applicability. (a) This subpart applies to any advancement from a competitive or excepted position that is subject to the General Schedule to a competitive position that is subject to the General Schedule by : (1) Promotion; (2) Transfer to a higher grade; or (3) Any type of appointment under this chapter (including reemployment and reinstatement) made within one year after separation from a nontemporary appointment. (b) This subpart does not apply: (1) When the position from which the advancement is made is outside the competitive service and in the legislative or judicial branch; or (2) When the position from which the advancement is made is not subject to the General Schedule unless the employee advanced held a position of this type within the preceding year. Sec. 300.602 Restrictions. (a) Advancement to positions at GS-12 or above. An agency may advance an employee to a position at GS-12 or above only after he has served one year at the next lower grade. (b) Advancement to positions at GS-6 through GS-11. An agency may advance an employee to a position at GS-6 through GS-11 only after he has served: (1) One year in a position two grades lower, when the position to which he is advanced is in a line of work properly classified at two-grade intervals; or (2) One year at the next lower grade, when the position to which he is advanced is in a line of work properly classified at one-grade intervals. (c) Advancement to positions at GS-5 or below. An agency may advance an employee to a position at GS-5 or below which is not more than two grades above the lowest grade he held within the preceding year under a nontemporary appointment. Sec. 300.603 Exceptions to restrictions. (a) Section 300.602 does not prevent the advancement of an employee when : (1) The advancement is in accordance with a training agreement which has been approved by the Commission; however, an agency may not make promotions of more than two grades in one year solely on the basis of a training agreement or series of training agreements; (2) The advancement is to any grade or level up to that from which the employee has ever been demoted or separated by any agency because of a reduction in force: (3) The employee is within reach on a register for competitive appointment to the position to be filled; or (4) The Commission, or request of the head of the agency, authorizes the advancement to avoid undue hardship or inequity, in an individual case of meritorious nature. (b) Section 300.602 (a) and (b) does not prevent the advancement of an employee who has 1 year of service in a position two grades lower than the position to be filled if there is no position in the normal line of promotion that is one grade lower than the position to be filled. (c) Section 300,602 (c) does not prevent the advancement of an employee to a position at GS-5 or below which he held previously or to which he could have been advanced previously under that paragraph. Sec. 300.604 Periods of creditable service. (a) Except as provided in section 330.502 of this chapter, the periods of service required by sections 300.602 (a) and (b) and 300.603 (b) include all service at the appropriate or higher grade or level in positions in the Federal or District of Columbia civilian service regardless of whether or not the positions were subject to the General Schedule. (b) Except as provided in section 330.502 of this chapter, when two periods of service in positions subject to the General Schedule are interrupted for less than one year by service in a position not subject to the General Schedule, the latter service is counted as a continuation of the prior service in the position subject to the General Schedule. (c) Except as provided in paragraph (b) of this section, and in section 330.502 of this chapter, service in a position not subject to the General Schedule is counted at the equivalent General Schedule grade in effect when the service was performed. The equivalent General Schedule grade is determined by comparing the representative rate of the position, as defined in part 351 of this chapter, with the representative rates of positions under the General Schedule. The highest General Schedule grade whose representative rate does not exceed the representative rate of the position by more than one within-grade increase is the equivalent General Schedule grade. Sec. 300.605 Other time restrictions. The time-in-grade restrictions in this subpart are in addition to the time-after-competitive-appointment restrictions contained in subpart E of part 330 of this chapter. Mr. BUCHANAN. This, of course, applies only to people in the Federal service. If a person on the outside felt discriminated against, he would not be included in this system? Mr. KATOR. He would be. It applies to applicants as well. Mr. BUCHANAN. Could you give me an idea of the number of complaints you have from applicants? Mr. KATOR. Very few complaints. The majority of the complaints are from Federal employees, persons on the roles. Mr. BUCHANAN. Is there ever the dissemination of the information that this remedy is available to an applicant? Mr. KATOR. Yes. We have posters put into our employment offices, and this remedy is spelled out clearly in various pamphlets given to applicants, such as "Working for the U.S.A." We have pictures of counselors, and we are discussing, incidentally, additional publicity means. I am not personally satisfied we do enough in this area. Mr. BUCHANAN. Does something appear on application forms or examination forms, something you are certain he would have to handle in applying for a job; is this information contained? Mr. KATOR. No; it does not. It does not state specifically you have a right to file a complaint. Mr. BUCHANAN. I would think that would be one step you might take just to assure fairness. Mr. HAWKINS. Mr. Hampton, I have just two series of questionsone by the committee, concerning the 11 professional positions we submitted for the record, certain information in connection with that concerning the levels of PACE and sales exceptions, promotions, and so forth-I will just submit that as a written request and allow you to respond by letter to that. The other is a request from the National 56-250--75-15 Congress of Hispanic American Citizens, a letter signed by Mr. Manual D. Fierro, the president of that organization, asking us if we would ask you a series of questions. They seem to be very relevant to those we have already asked, and somewhat related thereto, and I won't repeat them, but I will also submit that letter to you and ask you to respond to that, and the response to both of these will be printed in the record, at this point. [Questions referred to follow:] NATIONAL CONGRESS OF HISPANIC AMERICAN CITIZENS, Hon. AUGUSTUS F. HAWKINS, Chairman, Subcommittee on Equal Opportunities, Washington, D.C. DEAR MR. CHAIRMAN: First of all, I would like to congratulate you and members of the Committee on the series of oversight hearings on the federal enforcement of Equal Employment Opportunity (EEO) laws. As you know, this is one area in which El Congreso is deeply concerned. Enclosed is a list of questions El Congreso has prepared which we recommend be asked of the Chairman of the Civil Service Commission (CSC). As you know, the EEO Act of 1972 applied Title VII to federal employment and CSC was given the mandate to insure all personnel action be free of discrimination. Additionally, the Commission was given considerable enforcement ability, but it is our belief that they have been extremely passive in this regard. In conclusion, your efforts to insure that the enclosed questions are asked at the hearings or handed to the Chairman for his response for inclusion in the hearing record would be greatly appreciated. Again, I congratulate you, your colleagues on the Subcommittee and the efforts of the Subcommittee staff in this worthy endeavor. Please feel free to call me if you have any questions. With best regards, MANUEL D. FIERRO, President. JULY 30, 1975. Hon. ROBERT E. HAMPTON, Chairman, Civil Service Commission, Washington, D.C. DEAR CHAIRMAN HAMPTON: I have been requested by the National Congress of Hispanic American Citizens to submit the following questions to you in connection with the hearing on the Civil Service Commission in June: I. Under the EEO Act, agencies are required to assess their EEO efforts and to prepare a detailed EEO plan which includes specific action items which are aimed specifically to the program's needs and deficiencies identified at the assessment stage. In addition, particular agency officials are assigned individual responsibilities for the accomplishment of specific items in the EEO plan. A. At its annual review, what has the Commission done to insure that these officials were held accountable for meeting the objectives in the plan? Could you also provide this committee with specific instances where the Commission has taken action in those cases where national agency officials have not taken the initial steps to carry out the action items? B. What have you done when you do not agree with an assessment that an agency has made of its efforts and problems? State five (5) examples of action that has been taken by the Commission in this regard. C. In those cases where national plans of certain agencies have persisted in being inadequate and unresponsive, what has the Commission done in withdrawing appointed authorities or suspending referrals of eligible candidates to these agencies? II. Under the EEO Act of 1972, agencies are required to provide sufficient resources in terms of money, manpower, time, etc., to assure a viable EEO program. A. Since the Commission has enforcement authority under the Act, explain why the Department of Commerce has failed to have any full time EEO officials at its department headquarters level to guide its various components |