ML20235D734
| ML20235D734 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 05/15/1987 |
| From: | Brown W TENNESSEE VALLEY AUTHORITY |
| To: | |
| Shared Package | |
| ML082340470 | List:
|
| References | |
| 72100, 72100-V07-R02, 72100-V7-R2, NUDOCS 8902210011 | |
| Download: ML20235D734 (68) | |
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EMPLOYEE CONCERNS SPECIAL PROGRAM l
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VOLUME 7 MANAGEMENT AND PEllSONNEL CATE ORY l
SUBCATEGORY REPORT 72100 VETERANS' PREFERENCE UPDATED l
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TVA NUCLEAR POWER l
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t TVA EMPLOYEE ~ CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REPORT TYPE: Management and Personnel Subcategory REVISION NUMBER: 2 TITLE: Veterans' Preference PAGE 1 0F 45 REASON FOR REVISION:
Incorporation of final TAS editorial cotunents.
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PREPARATION i
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CONCURRENCE (FINAL REPORT ONLY) 1753T
4 TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM FRONT MATTER REY: 3 PAGE i 0F viii Preface i
This subcategory report is one of a series of reports prepared for the
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Employee Concerns Special Program (ECSP) of the Tennessee Valley Authority'
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(TVA). The ECSP and the organization which carried out the program, the Employee Concerns Task Group (ECTG), were established by TVA's Manager of' Nuclear Power to evaluate and report on those Office of Nuclear Power (ONP) employee concerns flied before February 1, 1986. Concerns flied after that date are handled by the ongoing ONP Employee Concerns Program (ECP).
The ECSP addressed over 5800 employee concerns.
Each of the concerns was a formal, written description of a circumstance or circumstances that an employee thought was unsafe, unjust, inefficient, or inappropriate. The mission of the Employee Concerns Special Program was to thoroughly investigate all issues presented in the concerns and to report the results of those investigations in a form accessible to ONP employees, the NRC, and the general public. The results of these investigations are communicated ~
by four levels of ECSP reports:
element, subcategory, category, and final'.
Element reports, the lowest reporting level, will be published only for those concerns directly affecting the restart of Sequoyah Nuclear Plant's reactor unit 2.
An element consists of one or more closely related issues. An issue is a potential problem identified by ECTG during the evaluation process as having been raised in one or more concerns. For efficient handling, what appeared to be similar concerns were grouped into elements early in the program, but,tssue definitions emerged from the 2
evaluation process itself. Consequently, some elements did include only one issue, but often the ECTG evaluation found more than one issue per element.
Subcategory reports summarize the evaluation of a number of elements.
However, the subcategory report does more than collect element level evaluations. The subcategory level overview of element findings leads to an integration of information that cannot take place at the element level.
This integration of information reveals the extent to which problems overlap more than one element and will therefore require corrective action for underlying causes not fully apparent at the element level.
To make the subcategory reports easier to understand, three items have been placed at the front of each report:
a preface, a glossary of the i
terminology unique to ECSP reports, and a list of acronyms.
Additionally, at the end of each subcategory report will be a Subcategory Summary Table that includes the concern numbers; identifies other subcategories tnat share a concern; designates nuclear safety-related, safety significant, or non-safety related concerns; designates generic L
applicability; and briefly states each concern.
j Either the Subcategory Summary Table or another attachment or a combination of the two will enable the reader to find the report section or sections in which the issue raised by the concern is evaluated.
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- TVA EMPLOYF:: MHCERNS-REPORT NUMBER:
72100' l
SPECIAL PROGRAM FRONT MATTER REY: 2 PAGE 11 0F vill l
The subcategories'are themselves summarized in a series of eight category reports.
Each category report reviews.the major findings and collective-significance of the subcategory reports in one of the following areas:
management and personnel relations l
industrial safety j
construction material control operations quality assurance / quality control welding engineering A separate report on employee concerns dealing with-specific contentions of intimidation, harassment, and wrongdoing will be released by~the TVA Office of the Inspector General.
Just as the subcategory reports integrate the information collected at the element level, the category reports integrate the information assembled in all the subcategory reports within the category, addressing particularly the underlying causes of those problems that run across more than one subcategory.
A final report will integrate and assess the information collected by all of the lower level reports prepared for the ECSP, including the Inspector General's report.
For more detail on the methods by which ECTG employee concerns were evaluated and reported, consult the Tennessee Valley Authority Employee Concerns Task Group Program Manual. The Manual spells out the program's objectives, peope, organization, and responsibilities. It also specifies the procedures that were followed in the investigation, reporting, and closeout of the issues raised by employee concerns.
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TVA' EMPLOYEE CONCERNS
. REPORT NUNBER: 172100-
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SPECIAL PROGRAM i
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.ECSP GLOSSARY OF' REPORT TERMS
- classification of evaluated-issues the evaluation of an issue leads to one of the following determinations:
Class A: ' Issue cannot be verified as factual Class B:
Issue is factually accurate, but what is described is not a
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problem (i.e., not a condition requiring corrective action) i Class C: Issue is: factual and identifies a problem, but corrective actioni for the problem was initiated before the evaluation of the issue was undertaken Class D: Issue is factual and presents a problem for which. corrective l
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action has been, or is being,ltaken as a result of an evaluation Class E: A problem, requiring corrective action, which was not identified by an employee concern, but was revealed during the ECTG evaluation of an issue raised by an employee concern.
collective slanificance an analysis which determines the importancefand consequences of the findings'in a'particular ECSP report by putting those
._ i findings in the proper perspective, concern (see " employee concern")
corrective action steps taken to fix specific deficiencies or discrepancies revealed by a negative finding and, when necessary, to c9 erect causes in order to prevent recurrence.
1 criterion (plural: criteria) a basis for defining a performance, behavior, or quality which ONP imposes on itself (see also " requirement").
l element or element report an optional level of ECSP report,'below the j
subcategory level, that deals with one or more~ issues.
i employee concern a formal, written description of a circumstance or circumstances that an employee thinks unsafe, unjust, inefficient or inappropriate; usually documented on a K-form or a form equivalent to the K-form.
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TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM FRONT KATTER REY:
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evaluator (s) the individual (s)' assigned the responsibility to assess a specific grouping of employee concerns.
findinas includes both statements of fact and the judsments:made about those facts during the evaluation process;' negative findings require corrective action.
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issue a potential problem, as interpreted by the ECTG during the evaluation process, raised in one or more concerns.
t K-form (see " employee concern")-
requirement a standard of performance, behavior, or quality on which an evaluation judgment or decision may be based.
root cause the underlying reason for a problem.
- Terms essential to the program but which require detailed definition have been defined in the ECTG Procedure Manual.(e.g., generic, specific, nuclear safety-related, unreviewed safety-significant question).
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e TVA EMPLOYEE CONCERNS REPORT NUMBE2:
72100 SPECIAL PROGRAM FRONT MATTER REY: 2 PAGE v 0F vili Acronyms AI
' Administrative Instruction AISC American Institute of Steel Construction ALARA As Low As Reasonably Achievable ANS American Nuclear Society l
ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society j
BFN Browns Ferry Nuclear Plant BLN Bellefonte Nuclear Plant CAQ Condition Adverse to Quality CAR Corrective Action Report CATD Corrective Action Tracking Document CCTS Corporate Commitment Tracking System CEG-H Category Evaluation Group Head CFR Code of Federal Regulations i
CI Concerned Individual CMTR Certified Material Test Report COC Certificate of Conformance/ Compliance DCR Design Change Request DNC Division of Nuclear Construction (see also NU CON) l 4
v TVA EMPLOYEE CCNCERNS REPORI NUMBEk: 72100 SPECIAL PROGRAM FRONT MATTER REY:
2 PAGE vi 0F viii DNE Division of Nuclear Engineering DNQA Division of Nuclear Quality Assurance DNT Division of Nuclear Training DOE Department of Energy DP0 Division Personnel Officer DR Discrepancy Report or Deviation Report j
ECN Engineering Change Notice ECP Employee Concerns Program ECP-SR Employee Concerns Program-Site Representative ECSP Employee Concerns Special Program ECTG Employee Concerns Task Group EEOC Equal Employment Opportunity Commission EQ Environmental Qualification EMRT Emergency Medical Response Team EN DES Engineering Design l
l ERT Employee Response Team or Emergency Response Team FCR Fleid Change Request FSAR Final Safety Analysis Report FY Fiscal Year GET General Employee Training HCI Hazard Control Instruction HVAC Heating, Ventilating. Air Conditioning II Installation Instruction INPO Institute of Nuclear Power Operations IRN Inspection Rejection Notice L__-_-____--_-----_---_--_._._--
v-i TFA EMPLOYEE CONCERNS REPORT NUMBER:
72100:
SPECIAL PROGRAM FRONT MATTER REY: 2 PAGE vil 0F vili L/R Labor Relations Staff
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M&AI Modifications and Additions Instruction MI Maintenance Instruction' MSPB Merit Systems Protection Soard NT Magnetic Particle Testing NCR Nonconforming Condition Report j
l NDE Nondestructive Examination l
NPP Nuclear Performance Plan NPS Non-plant Specific or Nuclear Procedures System NQAM Nuclear Quality Assurance Manual l
l NRC Nuclear Regulatory Commission I
i NSB Nuclear Services Branch j
NSRS Nuclear Safety Review Staff l
NU CON Division of Nuclear Construction (obsolete abbreviation, see DNC) l NUMARC Nuclear Utility M.inagement and Resources Committee OSHA Occupational Safety and Health Administration (or Act) l ONP Office of Nucle-- Power OWCP Office of Workers Compensation Program PHR Personal History Record l
PT Liquid Penetrant Testing QA Quality Assurance QAP Quality Assurance Procedures QC Quality Control QCJ
. Quality Control Instruction i
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TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM FRONT MATTER REY:
2 PAGE vili 0F viii QCP Quality Control Procedure QTC Quality Technology Compan?-
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RIF Reduction l'n Force 1
RT Radiographic Testing SQN Sequoyah Nuclear Plant l
SI Surveillance Instruction l
S0P Standard Operating Procedure f
SRP Senior Review Panel SWEC Stone and Webster Engineering Corporation f
TAS Technical Assistance Staff f
1 T&L Trades and Labor TVA Tenn6ssee Valley Authority l
TVTLC Tennessee Valley Trades and Labor Council UT Ultrasonic Testing i
VT Visual Tetting l
WBECSP Watts Bar Employee Concern Special Program I
i WBN Watts Bar Nuclear Plant WR Work Request or Work Rules WP Workplans l
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VETERANS' PREFERENCE l
Subcategory Report 72100 j
Executf.ve Summary
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l This subcategory includes 44 employees concerns which raised 1?. issues.
The najor isaunn are that voterans were not given preference over nonveterans, j
that disabled veterans (DAV) were not given any prefecence, that retired veterans were tr.eated as nonveterans and that veterans' preference was unfair to nonveterans.
i Basically, TVA appeared to be in compliknee with the Veterans' Preference Act in hiring and rehiring of undisabled veterans, in transfers, in layoffs, and in reductions-in-for.ce (RTF).
(Veterans' preference is not applicable to
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transfer, layoffs, and overtime).
However, some division personnel officers l
needed a fuller understanding of th9 type of preference to give compensable l
DAVs in hiring. TVA was applying veterans' preference correctly to almost all l
military retiroes, although responses in interviews with several division i
personnel officers indicated they do not know how to handle military retirees correctly in a RIF.
j TVA's employment of veterans compares favorably with olhor roderal agencies.
l TVA exceeds the other agencies in the percentage of undisabled veterans
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employed but is lower than other agencios in the percentage of compensable DAVs hired. Many of the concerns' reflected confusion on the part of employees i
as to how and why veterans' preference is applied at TVA. 'Nevertheless, if such confusion leads employees to believe they are being Lrcated Snfairly, j
their job performance could be affected.
Corrective action was taken to update both personnel officers and supervisors I
on voteran's preferer.ce requirements. The most significant among a number of action's intunded to improve TVA's percentage of handicapped veterans was tha creation of a Manager of Veteran's Affairs.
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t TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 2 0F 45 1.0 CHARACT,ERIZATION OF ISSUES 1.1 Introduction This subcategory report addresses 11 issues raised by 44 employee concerns about veterans' preference. These issues are grouped into two elements:
Inadequate Preference for Regular and Disabled Veterans (DAV)
Miscellaneous Veterans' Preference Issues The issues in this subcategory are generic to any TVA location.
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However, most of the concerns were from trades and labor-(T&L) employees of the Watts Bar Nuclear Plant (WBN); therefore, this report addresses mainly these T&L employees.
1.2 Description of Issues 1.2.1 Inadequate Preference for Regular and Disabled Veterans Issue 72101 - Inadecuate Preference in Hiring and Rebiring i
The issue is whether regular and disabled veterans receive proper preference in hiring and rehiring.
Issue 72102 - Inadecuate Preference in Transfers i
The issue is whether regular and disabled veterans receive preference in selection for transfer or reassignment.
Issue 72103 - Inadeauste Preference in Retention The issue is whether regular and disabled veterans receive proper preference for retention during layoffs and reductions-in-force (RIF).
Issue 72104 - Job Reclassification and Security Clearance Requirements The issue is whether job reclassifications and security clearance requirements are being used to give favored nonveterans an unfair advantage over veterans in layoffs, RIFs, and hiring.
Issue 72105,- DAVs Are Not Given Any Preference The issue is whether disabled veterans receive the required preference over regular veterans.snd nonveterans.
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TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 SPECIAL, PROGRAM l
REVISION KUNBER:
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PAGE 3 0F 45-1.2.2 Miscellaneous Veterans' Preference Issues Issue 72106 - Retired Veterans Are Treated as'Nonveterans The issue is whether retired veterans are misclassified as nonveterans and wrongly denied' preference.
1 Issue 72107 - Veterans' Preference is Unfair to Nonveterans The issue is whether giving preference to veterans is unfair to nonveterans.
Issue 72108 - Discrimination in 30-day Waiting Period The issue is based on a contention that veterans are-discriminated against in the layoff policy of 11-months and 29 days by not being allowed to apply for announced vacancies during.their 30-day waiting period to be called back to work.
Issue 72109 - Posting of Openinas in Nuclear Power The issue is based on the allegation that openings posted in Nuclear Power are filled before veterans are aware of them.
Issue 72110 - Veterans Not Told Time Limits to File Grievances The issue is whether veterans who are laid off'are denied access to the labor grievance process by not having the grievance' filing time limits fully explained to them.
Issue 72111 - Acolication Forms'Do Not Identify Veterans The issue is based on a complaint that application forms for TVA employment do not ask if applicant is a veteran, j
To locate the issue in which a particular_ concern is evaluated, consult the following attachments:
l Attachment A, Subcategory Summary Toble Attachment B List of Concerns by Element / Issue All Management and Personnel Category concerns havine technical component (including all concerns designated' Nuclear Safety-related) are shared with-the appropriate technical category for investigation and resolution of that technical component. -Report (s) sharing a concern with this report are identified in the entry for that~
concern on Attachment A.
TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 4 0F 45 2.0
SUMMARY
l 2.1 Summary of Issues The primary issues are that veterans are'not given preference over nonveterans, that DAVs are not given any preference, that the creatment of retired veterans as nonveterans needs to be evaluated, and that veterans' preference is unfair to nonveterans.
2.2 Summary of Evaluation process The evaluator has reviewed all the information available on the concerns in this subcategory.
The information pertinent to the evaluation of the issues has been considered and incorporated in i
this report.
A systematic evaluation process was followed beginning with a review of each individual concern (K-form) and review of applicable reference documents and correspondence to identify the requirements and criteria that govern each issue.
Interviews with appropriate management employees were conducted and appropriate records were i
reviewed to determine if veterans' preference was being applied correctly at TVA.
2.3 Summary of Findings Basically, TVA appears to be in compliance in applying veterans' preference in hiring and rehiring undisabled veterans, in transfers, in layoffs, and in RIFs. Veterans' preference is not a factor in transfers, layoffs, and overtime.
Some division personnel officers need a fuller understanding of the type of preference to give compensable DAVs in hiring.
TVA is essentially applying veterans' preference for military retirees correctly in hiring.
Responses in interviews (in person and by telephone) with several division personnel officers indicated they do not know how to handle military ratirees correctly in a RIF.
2.4 Summary of Collective Significance Evaluation of the findings indicated the following:
The number of employee concerns specifically dealing with hiring a.
is small in comparison to the number of employees hired TVA wide and at WBN and the number of job applications processed. In addition, the number of concerns specifically dealing with layoffs and RIFs compared to the number of layoff and RIF retention lists reviewed for this report is also small, m
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TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:
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IVA's employment of veterans compares favorably with other Federal agencies.
TVA exceeds the other Federal agencies in the percentage of undisabled veterans employed and is slightly lower than the other Federal agencies in the percentage of compensable DAVs hired.
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Many of the concerns reflected confusion on the part of employees as.to how and why veterans' preference is applied at TVA. Nevertheless, if such confusion leads employees (veterans or nonveterans, disabled or undisabled) to believe they are i
being-treated unfairly, their job performance could be affected.
2.5 Summary of Causes I
The causes and responsibic organizations for the negative findings in this subcategory are:
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Lack of updated procedures in TVA's personnel Manual - Division of Personnel.
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Lack of training for managers on the application of veterans' preference at TVA - Division of Personnel.
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Lack of information in the T&L General Agreements on how veterans' preference is applied at'TVA - TVA management and l
Tennessee Valley Trades and Labor Council.
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For certain job categories, an inadequate number of veterans and compensable DAVs are available on the employment registers -
Division of Personnel.
2.6 Summary of Corrective Actions a.
In the fall of 1985, a veterans' preference information session was held at WBN for interested employees.
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The mandatory Orientation to Supervision training course was initiated during the summer of 1986. All supervisors (management and. bargaining unit supervisors) are required to attend this training. A portion of the training time is devoted to veterans' preference.
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TVA EMPLOY 2E CONCERNS
~ REPORT NUNBER: -72100 SPECIAL PROGRAM' REVISION NUMBER: 2 PAGE 6' 0F 45 c.
TVA has just hired its first Manager ~of Veterans' Affairs, effective October 12, 1986.
d.
In the 1986 summer and fall issues of the Veteran's Observer, TVA.placed an ' advertisement for engineers, nuclear unit operators, and nuclear power and construction operations professionals. However, there was no response to these advertisements. Consequently, such advertisements will be l
l placed in other veteran's publications in an attempt to reach l-more effectively prospective applicants among veterans.
e.
A Handbook'for Veterans is now being prepared by TVA. Included
'l in this handbook will be information on the correct application of veterans' preference at TVA--in hiring, transfers, promotions, layoffs, and RIFs.
f.
The TVA' personnel Manual, PM Section 7 " Reduction," parts A, B..
C, and E are to be updated to include the latest information regarding retention grouping for 30 percent or more compensable j
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disabled veterans. Also included will be the latest information regarding preference for military retirees in a RIF. Information has been deleted regarding union membershaving a separate ranking in layoffs. A revised draft of the release was
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distributed for coordination on December 18, 1986.
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Personnel Manual, PM Section 7, " Veterans," is to be updated with the latest Federal Personnel Manual information on veterans including preference of military retirees in both hiring and reduction in force. This draft rewrite was distributed for.
coordination on September 25, 1986.
h.
Training regarding the application of veterans' preference at TVA was conducted at the Division Personnel Officer mee. ting on September 16, 1986. There were follow-up sessions on October 27, 1986, in Chattanooga and October 30, 1986, in Knoxville for those who were unable to attend the September 16 meeting.
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'f7A EMPLOYEE CONCERNS REPORT NUMBER: 72100 SPECIAL PROGRAN REVISION NUMBER:
2 PAGE 7 0F 45 3.0 EVALUATION PROCESS 3.1 General Methodoloav The evaluation of this subcategory was conducted in accordance with the evaluation plan for the Employee Concerns. Task Group (ECTG)'and the evaluation plan for the Management and Personnel Group (M&P).
The concern case files were reviewed. Source documents were researched.and interviews conducted in order to identify the requirements and criteria which applied to the issues. addressed in 1
the concerns..The concerns were grouped according to the issues l
they raised. The issues were evaluated against the' identified l
requirements and criteria to determine findings. A collective significance analysis was conducted; causes were indicated for negative findings; and corrective action for the negative findings was initiated or determined to have already been initiated.
j 3.2 Detailed Methodoloav Thirty-three interviews were conducted, 16 by phone and 17 in person--to verify how requirements and criteria were applied.
I Attachment C lists the source documents that were reviewed, and l
Attachment D lists the personnel interviewed.
i An analysis was made of the following records:
1.
Job requisitions from the WBN Personnel Office for 564 T&L jobs filled for the Division of Nuclear Construction (DNC) at WBN.
This was about three-fourths of their requisitions for the period January 1985 through May 28, 1986.
2.
Twenty-nine salary policy requisitions for 43 positions filled by.the WBN Project Personnel Office for tho' period of January 1, 1985, through June 8, 1986.
3.
All salary policy requisitions filled by the Knoxville Employment Office for Office'of Nuclear Power at WBN for the period of January 1. 1985, through May 31, 1986.
4.
Twelve randomly selected RIF retention lists reviewed in the DNC Personnel Office at Knoxville.
5.
All layoff and RIF retention lists as of May 9, 1986, for Office of Nuclear Power (ONP), permanent WBN, plant personnel.
These lists were for the last one and one-half years.
6.
All T&L layoff and RIF retention lists for DNC at WBN. These lists were for the period June 1, 1984, through May 23, 1986.
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TVA EMPLOYEE CONCERNS REPORT NUMBER: '72100-SPECIAL PROGRAM REVISION NUMBER:
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The names of 17 employees were randomly selected so that microfilmed copies of their TVA personnel history record (PHR) could be reviewed.
The purpose of.this review was to verify that the service dates on the layoff and RIF retention lists for these people matched those listed in their PHRs. Also, the veterans' status listed in their PHR was checked to determine if they were placed in the correct retention group.
8.
Four of the above 17 records were randomly selected to verify that the service' dates used for their RIFs or. layoffs were figured correctly. This was performed manually.
9.
TVA's Information Management Systems (IMS) staff ran a computer.
l printout of the veterans' status of the employees. working at WBN and also employees working TVA wide as of May 31, 1986.
This information was compared with the veterans'-status of all Federal employees (excluding TVA and U.S. Postal Service) as of September 30, 1985.
10.
A :omputer printout was run of the applicants on certain naployment registers for the WBN recruitment area to determine the availability of veteran applicants on these registers.
Based on the research and interviews conducted for this evaluation, it is the judgment of the evaluator that no significant changes occurred in the handling of veterans' preference between the end j
date for the concerns in this subcategory _(February 1, 1986) and the a
writing of this report, except for those cases which will be clearly
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noted in the report. Therefore, when it was available, data l
extending beyond the February 1.end line was used to evaluate a number of issues.
4.0 FINDINGS 4.1 Backxround--Definina the Veterans' Preference Requirements 4.1.1 Legal Basis for Veterans' Preference The legal basis for veterans' preference is the Veterans' Preference Act of 1944 as amended and Office of Personnel Management regulations implementing that act.
4.1.2 Definition of a Veteran As defined in the Federal Personnel Manual, " Veteran" means a.
person who was separated with an honorable discharge or under honorable conditions from active' duty in the armed forces performed:
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TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 9 0F 45 1.
in a war; or 2.
in a campaign or expedition for which a campaign badge i
has been authorized; or l
3.
during the period beginning April 28, 1952, and ending July 1, 1955; or l
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for more than 180 consecutive days, other than for training, any part of which occurred during the period beginning February 1, 1955, and ending October 14, 1976 (section 702 of Public Law 94-502, enacted October 15, 1976, abolished peacetime preference for those entering active duty after October 14, 1976, unless they serve in a campaign or war or meet the definition of " disabled veteran").
4.1.3 Definition of Disabled Veteran The Federal Personnel Manual defines " disabled veteran" as a person who was separated under honorable conditions from active duty in the armed forces performed:
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at any time and who has established the present existence of a service-connected disability (a non-compensable l
disability or one of less than 10 percent) or 2.
is receiving compensation (i.e.
10 percent or more disability), disability retirement benefits, or a pension because of a public statute administered by the Veterans Administration or a military department.
Note:
These definitions of a veteran and DAV are what most people refer to when they speak of veterans' preference. However, under certain conditions, a spouse or a mother of a DAV and a widow or widower of a veteran are entitled to veterans' preference. These people are called derivative preference veterans.
4.1.4 Application of the Veterans' Preference Act in TVA TVA gives preference to veterans in selection for appointment and for retention during a reduction-in-force (RIF). Its procedures for doing this comply with the Veterans' Preference Act as amended and Office of Personnel Management regulations implementing that act. The act does not provide
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM-REVISION NUMBER: 2 PAGE 10 0F 45 for preference to veterans in selection for promotion, transfer, or reassignment. The act does grant to veterans the right to appeol to the Merit Systems Protection Board (MSPB) if they are reduced in force, discharged, suspended for more than 14 days, or are reduced in grade or pay.
4.2 Inadeouate Preference for Reaular and Disabled Veterans (DAV)
The basic contention of the issues in this element is that veterans and DAVs are not given preference over nonveterans at TVA. Section 4.1.4 shows that veterans are to be given preferer.ce in initial appointments and in retention'in a RIF. Veterans are not given preference over nonveterans in filling a job with a current TVA employee, in promotions, in layoffs under negotiated labor agreements, in dogoffs (wind down period of a shift.), in transfers, and in assignment of overtime.
Some veterans feel that they should receive preference in all of the l
above areas. This was determined by a review of the employee concerns. However, the Veterans' Preference Act does not provide them with preference in all of those areas. The areas in which they are to receive preference have been evaluated. The results of the evaluation will be included in the discussions of the specific issues that follow.
4.2.1 Issue 72101 - Inadequate Preference in Hiring and Rehiring Discussion 1.
The veteran with a 10 percent or greater compensable service-connected disability qualified for the job shall be selected, if avail &ble, for initial hiring or for rehiring as T&L construction. T&L operating and maintenance, and salary policy employees. Then among similarly qualified applicants, veterans are given preference.
2.
Some entry-level jobs (elevator operator, janitor, orderly, and mail clerk) are " reserved" for veterans.
3.
In the selections of professional and scientific positions at or above grades SA-2. SC-2, SD-2, SX-2, and M-2, veterans with a 10 percent or greater compensable military service-connected disability shall be treated like other veterans.
4.
For hourly T&L employees, names of candidates for employment shall be derived by recommendations from management and from the list of candidates who have made their availability known to TVA's employment offices.
H TVA ENFLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 11 0F 45 5.
Where a large number of candidates are needed IVA employment offices shall furnish the appropriate local union with a list of candidates who are qualified and who will be accepted by TVA subject to the usual employment j
processing. If the appropriate union cannot furnish the requested candidates when needed TVA shall fill any remaining positions from its own employment registers.
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T&L veteran candidates for employment muct inform a TVA employment office that they want to exercise their veterans' preference. The candidates' interests in exercising veterans' preference rights shall be noted.
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Business agents shall be requested to refer the veteran candidates who have made their availability known or J
l refer other veterans with equal preference status.
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8.
Nonveterans will not be employed until the source of DAVs f
and veteran candidates (who expressed their interest and availability) is exhausted.
9.
Salary policy jobs shall be filled from qualified candidates who have active applications on file at TVA.
The DAVs and veteran candidates applying for these jobs do not have to contact an employment office to exercise their veterans' preferences, j
i 10.
TVA's hiring and rehiring procedures are consistent in j
their preferential treatment of DAVs and veterans.
l However, the fact that many of the former TVA employees have established good work records gives them strong qualities as potential rehires.
11.
An evaluation was made to determine how all the WBN veterans working at WBN (as of May 31, 1986), compared to other Federal agencies [the Executive Branch, exclusive of TVA and the U.S. Postal Service (as of September 30, i
1985)) and TVA employees (as of May 31, 1986). Table 4-1 shows these comparisons.
(
l l
m TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 12 0F 45 Table 4-1
% Employees At Classified As FED TVA WBN Total Veterans 36.2 42.5 48.4 (Preference Elialble)
)
<30% Compensable DAVs 2.2 1.2 1.4
>30% Compensable DAVs 1.2 0.9 1.3 Total Compensable DAVs 3.4 2.1 2.7 The table indicates WBN exceeds'the Federal employment of 1
all veterans by approximately 12 percent and of all 30 I
percent or more compensable DAVs by 0.1 percent.
l However, WBN falls behind the Federal agencies in the k
employment of total compensable DAVs ' tar' O.7 percent.
l J
The above Watts Bar and TVA-wide statistics are j
sufficiently similar that additional studies at other TVA sites are not warranted.
12.
The following Table 4-2 shows the percentage of veteran f
employees for the six major groupings of employees'at WBN 1
and TVA wide.
j 1
Table 4-2 l
j Employee Groupings
% Veterans At WBN TVA Custodial 94.3 86.5 T&L 63.9 56.5 Public Safety Officers 51.8 52.0 1
Professional & Administrative 36.2 36.0 (P&A) l Subprofessional Technical 26.9 36.4
{
Clerical 12.7 10.9 Typically clerical workers are females and thus much less i
likely to be veterans. The table indicates a favorable representation of veterans in the WBN work force and in the TVA-wide work force.
13.
The following Table 4-3 shows the percentage of the j
employees at WBN and TVA wide who are compensable DAVs.
l This table includes both the 10 percent and the 30 j
percent or gretter compensable DAVs.
- 17A EMPLOYEE CONCERNS REP 0ET NUMBER: ' 72100 SPECIAL PROGRAM-REVISION NUMBER:
2' PAGE 13 0F 45 i
Table 4-3 l
j l
Employee Groupings
% Compensable DAVs at WBN TVA Custodial 11.4 7.0 T&L 3.4 2.8 Public Safety Officers 8.4 5.3 P&A 1.5
-1.3 Subprofessional. Technical-0.4 2.0 Clerical 0.9 0.8' 14.
Analysis indicates that of the 310 employees (both T&L and salary policy) hired for ONP, WBN Site, during'the period May 12, 1985, through May 12, 1986, 103 (33.2.
percent) were' veterans; and 207 (66.8' percent) were nonveterans. Included with the veterans were six-compensable DAVs (1.9 percent of total employees).
Of those 310 employees, 196 were hired during the period January 1, 1986, through May. 12, 1986. Of those 196 employees 70 (35.7 percent) were veterans and 126 (64.3 percent) were nonveterans.
Included with the veterans.were five compensable DAVs (2.6 percent of total employees).
l The review of the veterans' status of T&L employees hired l
through the Knoxville Employment Office for ONP, at WBN, for the period January 1, 1986, through May 12, 1986, shows that of the 157 employees hired in T&L, 67 (42.7 percent) were veterans; and 90 (57.3 percent) were
.l nonveterans. Included with the veterans were five j
compensable DAVs (3.2 percent of total employees).
l i
15.
On May 28, 1986, requisitions for. 564 T&L jobs were reviewed at the WBN Project Personnel Office for DNC at WBN. This was about three-fourths of their requisitions for the period January 1985'through May 28, 1986. Of those 564, 141 (25 percent) were veterans;.42 (7 percent) indicated they were veterans but did not bring in proper documentation when hired; and 381 (68 percent) were i
nonveterans. All of the job requisitions reviewed 1
appeared to be.in order.
e t
...--m_-._
.-m-
3 TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 1
SPECIAL PROGRAM j
REVISION NUMBER: 2 PAGE 14 0F 45 4
Also, 29 salary policy requisitions were reviewed for 43
{
positions filled by the WBN Project Personnel Office during the period January 1, 1985, through June 8, 1986.
{
On the 29 requisitions, 18 veteran applications (including two compensable DAVs) were submitted for i
consideration. Of the 43 applicants selected, five 1
(11.6 percent) were veterans (including one compensable DAV). The other compensable DAV was hired by the Knoxville Employment Office for ONP at WBN.
f i
The 18 veteran applications submitted include some of the same applicants counted more than once because their flies were sent for consideration on more than one job.
Of all of the applications submitted by veterans, only s
four have not been selected.
16.
On June 2, 1986, all salary policy requisitions (20) filled by the Knoxville Employment Office for Office of Nuclear Power at WBN for the period January 1, 1985, through May 31, 1986, were reviewed. Twenty-eight positions were filled on these requisitions (some requisitions were for more than one position). On the 20 requisitions, 13 applications of veterans (including three compensable DAVs) were submitted for consideration. One compensable DAV was selected and no I
undisabled veterans were selected. The percentage of compensable DAVs selected was 3.6 percent. On the i
requisitions that included veterans, former TVA employees were selected in all but four cases.
In most cases in which nonveteran former TVA employees are selected over veterans, the nonveterans have established a 6ood work record at TVA.
On one of the requisitions for which a compensable DAV was not selected, two nonveterans were selected. There is no documentation on the requisition in the Knoxville Employment Office nor in the appropriate division personnel office as to why the compensable DAV was not selected. Also, there is no documentation that this person was interviewed.
The compensable DAV's application could not be reviewed at this time to see if he met the minimum qualifications for the job because TVA no longer has this application.
Applications are made inactive after 12 months from the date of the application, unless the applicants turn in a new application.
~
s t
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:
2 1
PAGE 15 0F 45 Each time an applicant turns in an application form, it is kept in the active files for 12 months from the date of the application. It is assumed that this candidate's application was dated more than 12 months ago and he has not turned in a new application form.
On the second requisition in which a compensable disabled veteran was submitted for consideration and not selected, a nonveteran was selected. This compensable DAV was a former employee. In reviewing a microfilm copy of his l
personal history record-(PHR), it was found that he was terminated from TVA, June 10, 1983. The remarks on his last TVA form 9880 Employee Status and Information Record, stated, " Termination because assumed to have resigned." He had been absent without approval from June 13, 1983, until the date that the termination was. issued on August 2, 1983. He also had an " unapproved" absence on January 11, 1983.
It was detarmined that-nonelection of this candidate was justified.
17.
The.following Table 4-5 summarizes the results of l
interviews with 10 division personnel officers throughout TVA during the period May 1, 1986, through May 30, 1986.
Only one division personnel officer was responsible for hiring both T&L and Salary Policy employees.
l Table 4-5 Complete Not in Did not l
Compliance Compliance Know Answer i
Employment Salary Salary Salary Procedure T&L Policy T&L Policy T&L Policy Hiring Regular Veterans 1
10 0
0 0
0 10 Percent or Greater Compensable DAVs 1
5 0
5*
O O
1 l
30 Percent or Greater Compensable DAVs 1
6 0
4*
0 0
1 L_
4 e
TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 1
SPECIAL PROGRAN j
REVISION NUMBER: 2
{
PAGE 16 0F 45 l
Table 4-5 (continued) i Complete Not in Did not Compliance Compliance Know Answer Employment Salary Salary Salary Procedure T&L Policy T&L Policy T&L Policy Transfers & Promotions l
Regular Veterans 1
10 0
0 0
0 i
10 Percent or Greater Compensable DAVs 1
10 0
0 0
0 30 Percent or Greater Compensable DAVs 1
10 0
0 0
0 RIFs f
Regular Veterans 1
10 0
0 0
0 l
}
d 10 Percent or Greater Compensable DAVs 1
10 0
0 0
0 j
30 Percent or Greater Compensable DAVs 1
10 0
0 0
0 Preference Given to l
Military Retirees 1
In Hiring 0
7 0
1 1**
2**
_.In RIPS 0
3 0
2 1**
5**
4 The division personnel officers' answers to these l
questions were not in compliance for entry level jobs at TVA. However, their answers would be in compliance for professional and scientific positions at or above grades SA-2, SC-2, SD-2 SI-2, and M-2.
As noted in the table, some division personnel officers did not have the correct understanding of the type of preference to give compensable DAVs in hiring for entry level positions.
v.
4 TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100
-SPECIAL PROGRAN REVISION NUMBER:- 2 PAGE 17 0F 45 These people said if they had such a situation come up they would go to an appropriate source for the correct answer before taking any action.
18.
The following Table 4-6 sununarizes the results.of interviews with one employment officer, one project personnel officer, and four heads of employment offices throughout TVA conducted during the period of May 9, 1986, through June 6, 1986.
Table 4-6 Not In Compliance In Compliance Salary Salary Employment Procedure T&L Policy T
Policy X
l Hiring l
Regular Veterans 6
6 0
0 10 Percent or Greater Compensable DAVs 6
5 0
l' 30 Percent or Greater Compensable DAVs 6
5 0
1*
j RIFs Regular Veterans 6
6 0
0 10 Percent or Greater Compensable DAVs 6
6 0
0 30 Percent or Greater Compensable DAVs 6
6 0
0 Preference Given to Military Retirees In Hiring 6**
6**
O O
In RIFs 6***
6***
0 0
1 L---------
~
REPORT NUMBER:
72100 TVA EMPLOYEE CONCERNS-SPECIAL PROGRAN REVISION NUNBER:
2 PAGE-18 OF.45
'One person's. answer'to this question is not in compliance for entry level jobs at TVA. 'However, his answer would be in compliance for professional and scientific positions at or above grades SA-2, SC-2 SD-2, SX-2,'and N-2.
One person said if he had such a situation come up he
.would go to an' appropriate source for the correct answer.
before taking any action.
Two people said if they had such a. situation come up they-would go to an appropriate source for the correct answer before taking any action.
l NOTE:
There are several conditions involved for the military I
retiree to get preference in hiring and different conditions for the military-retiree to get preference in RIFs. The respondents did not cover all.of the.different-conditions. However, the answers they gave are correct for the majority of military retirees being hired and
-being RIF'd at TVA.
As noted in-the. table, most employment office managers have the correct understanding of-the type of preference to give regular veterans'and compensable DAVs in hiring.
The one exception was one manager did not have the h
correct understanding of the type of preference to give compensable DAVs.in hiring'for salary policy entry level positions.
19.
On June 13 and 16, 1986, a computer printout was run of the applicants on cert,ain employment registers for the WBN recruitment area to determine the availability of yeteran applicants on these-registers. The results.are' shown in Table 4-7.
Table 4-7 TYPES OF ALL COMPENSABLE DAVs APPLICANTS VETERANS ONLY TyDe Total Number It -
Clerk 203 4.9.
10
.0.5 1
Clerk-Typist 24 0.0 0
0.0
.0 Data Entry Operator 19 0.0 0
0.0
- 0 File Clerk 21 4.8 1
0.0 0
Property & Supply Clerk 38 26.3 10 0.0
.0 Public Safety Officer 334 52.7 176 4.2 14 9
v.
e l
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100-SPECIAL PROGRAM REVISION NUMBER:
2
-l PAGE 19 0F 45 20.
In the TVA Personnel Manual, Volume II, PM Section 7 Veterans, pages 1 through 38, are the instructions that provide guidelines in determining whether or not applicants can be certified as veterans and compensable DAVs. This information is taken from the Federal Personnel Manual. Most of these pages are dated
)
November 1, 1974, with the latest date being i
I March 12.1980. - This information is not the latest information from the Federal Personnel Manual that TVA-has received.
The latest information has not been distributed to the different employment offices and division personnel offices throughout TVA. The latest Federal Personnel Manual information that was distributed to the employment' offices was dated August 12, 1980. It was issued for informational purposes and not as a part.of the TVA' Personnel Manual.
The new information pertains to the type preference military retireen receive in hiring and in RIFs. It contains other information that would be beneficial to employment officers and division-personnel officers, j
1 The Veterans section of the TVA Personnel Manual has only l
limited distribution.
It is included only in the manuals in I
the Division of Personnel.
It is not included in the manuals j
for the division personnel officers throughout TVA.
]
TVA's informational material entitled " Application of the Veterans' Preference Act in TVA" is not included in the TVA Personnel Manual. However, in the Appointments Salary Policy section, page-l', dated November 16, 1978, there is veterans' information on certification of outside candidates.
The percentage of veterans employed at both WBN sad TVA wide I
is greater than with the other Federal agencies combined.
Also, the percentage of 30 percent or greater compensable DAVs is larger at WBN than at the other Federal agencies. However, the percentage of total compensable DAVs employeduat WBN and' TVA is less than the percentage employed with other. Federal agencies.
?
4
)
.c
.c 1
i TVA EMPLOYEE CONCERNS
-REPORT NUMBER: 72100 SPECIAL PROGRAM REVISION NUMBER:.
2' PAGE 20 0F 45 For certain clerical job categories, there are not many
-veteran and compensable DAY candidates on the employment
. registers. This is mainly because the majority of these-
'l candidates are females who' generally have done no military service. Also, qualifying on the TVA typing test.is a requirement for the clerk-typist positions. The June 13 and 16. 1986, computer printout of the clerical applicants for i
WBN. indicated that 81.3 percent of all the clerical. applicants were females, with 100 percent being females for the clerk-typist and data entry machine operator employment registers.
There was a good representation of veterans on the public 1
safety officer register:
52.7 percent of' applicants were.
veterans (including' compensable DAVs) and 4.2 percent compensable DAVs. The percentage of veterans.and compensable DAVs hired as public safety officers at WBN during the period January 7, 1985, through March 31, 1986 was higher than the percentage of those applicants presently on the employment register at WBN.
Conclusion Basically TVA appears to be in compliance with applying veterans' preference for hiring regular'(undisabled) veterans. However -improvement is needed in the hiring of 10 percent or' greater compensable DAVs. Some division personnel officers do not understand the type of preference.to give 10 percent or greater compensable DAVs in hiring.
This investigation does not support the general issue that
" Veterans are not given preference over nonveterans." The investigation does show that TVA employs a smaller percentage of compensable DAVs than other Federal agencies; also,'some-division personnel officers are not fully informed on the required preference. But the evidence does not'show conscious or premeditated non-preference for undisabled veterans or
~
compensable DAVs.
If the concerns in this issue were referring to undisabled vetersns, they are not factually accurate. However, there is-a problem in the hiring of 10 percent or greater compensable' disabled veterans.
___m.___.___._____
TVA EMPLOYEE CONCERNS.
REPORT NUMBER:
. 17. 0
'SPECIAL PROGRAN L
REVISION NUMBER:
2 PAGE.21 0F 45 4.2.2 Issue 72102 Inadequate Preference in Transfers-Discussion Some DAVs may be eligible for affirmative action.
consideration if covered under the agency's plans for' affirmative action for handicapped individuals or.for DAVs, but the Veterans.' Preference Act does not provide for preference to veterans in selection for promotions, transfers, or reassignments.
In the interviews, theE10 division personnel'officera stated that veterans' preference did not apply to transfers and-promotions.
In reviewing the retention lists for RIFs at the WBN Project Personnel Office on May 28, 1986, the following situations were noted:
a.
Seven employees (fiva structural ironworkers and two carpenters) were selected for positions-in Nuclear Services Branch (NSB)'from the Construction Group. Of the seven employees.six were nonveterans and one was a veteran. Two of the structural ironworkers and the two carpenters were on lists in the Construction Group to be RIF'd.
These transfers occurred June 1985.
l The NSB came into existence about May 1985. It worked out procedures with TVA's Labor Relations Staff and'the Labor Council in setting up its original organization.
i TVA does not have transfer provisions-for T&L employees.
However, an exception was made and transfers were allowed i
in setting up the original organization. This was a one-time agreement with the Labor Relations Staff and the Labor Council.
A Labor Relations Staff representative stated that he knew of no Merit Systems Protection Board (MSPB) appeals concerning these transfers to NSB.
This evaluation found these transfers were handled appropriately.. The NSB did work out procedures with TVA's Labor Relations Staff and the Labor Council in setting up the original organization. Veterans' preference did not apply to these transfers.
However, this information has been turned over to the Employment Subcategory Committee who may pursue further' how the actual selections were made.
1_.___
v TVA EMPLOYEE CONCERNS REPORT NUMBER:
73100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 22 0F 45 b.
Two steamfitter welders (veterans) were selected for positions in Office of Nuclear Power from Office of Construction, effective September 16, 1985. They went from a T&L temporary construction hourly appointment to a T&L indefinite annual appointment.
Both were on a retention list for a RIF in the Office of Construction, but neither would have been reached in the RIF.
The evaluation finds that the above' status changes were appropriate. However, this information has been turned over to the Employment Subcategory Committee who may pursue how the actual selections were made.
Conclusion This investigation found no evidence that TVA was not applying the veterans' preference correctly in transfers:
there is no prefere. ice for veterans in promotions, transfers.
l or reassignments, and none was given by TVA.
Therefore, this issue is not factually accurate.
4.2.3 Issue 72103 - Inadequate Preference in Retention Discussion l
1.
Although the employee concerns only mentioned layoffs, it is highly probable that some of them were referring to RIFs instead of layoffs. Both layoffs and RIFs are l
addressed in this report. Layoff of employees refers to the release of employees with less than one year of current continuous service since their last e.mployment starting date. A reduction-in-force (RIF) refers to the release of employees wit.h more than one year of current continuous service.
Management may invoke a layoff or RIF for the following reasons:
lack of work, a shortage of funds, reorganizations, or exercise of restoration rights.
l Layoffs of construction and operating and maintenance temporary employees are accomplished in accordance with the General Agreements between TVA and the Tennessee Valley Trades and Labor Council. For layoffs of construction employees, seniority-is determined by adding all TVA service together with active military service.
In,the case of retired members of the military. some military service may not be creditable.
1 TVA EMPLOYEE. CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAN j
REVISION NUMBER:. 2 PAGE 23 0F 45 For layoffs of operating and maintenance temporary employees, employees with the.most~recent current-employment date are laid off first. A temporary employee-is an employee whose last employment at TVA is-for less
.)
than one year.
2.
In a RIF, employees competing with each other'for work-are listed on a retention register in the'following order: Group I - those with permanent tenure; Group II -
those with propermanent tenure; and Group III -Lthose with indefinite tenure plus those with temporary appointments-who have completed one year of current l
continuous service.
In a reduction, those in Group.III:
are released first..then Group II,'and'those in Group I
'J are the last to be-released.' Within each of these tenure-groups, nonveterans are released first; veterans are released second;.and veterans with a'30 percent or greater " compensable military service-connected disability" are released last.
For RIF purposes, seniority (creditable service) and the-method of calculating Federal service dates are defined and established by the Office of Personnel Management regulations. Seniority is determined by adding all-periods of Federal employment together (including all TVA service, work with other. Federal agencies, and active service in the military). 'As in layoff procedures, some military service may not be creditable for retired members of the military.
al These RIF procedures apply not only to salary policy employees, but also to T&L constru,ction employees and to operating and maintenance employees.
3.
As noted in Table 4-5 the 10 division personnel officers gave correct answers for grouping their employees in a RIF. However, responses from a few were incorrect on-how to handle military retirees in a RIF.
,4 As indicated in Table 4-6, the six employment office managers gave essentially correct responses for grouping employees.in a RIF.
S.
Three hundred seventy-four layoff and RIF retention lists prepared by the Nuclear Construction Personnel Office at j
Knoxville, the_ Office of. Nuclear Power Personnel Office i
at WBN, and the WBN Project Personnel Office were reviewed. All appeared to have been essentially correct.
(See section 3.0 of this report for more details on the review.)
-l i
m 6
'TVA EMPLOYEE CONCERNS' REPORT NUMBER: 72100 SPECIAL PROGRAM -
REVISION NUMBER: 2 PAGE 24 0F 45 6.
From the layoff and RIF retention registers reviewed during this evaluation, 17 names-(12 nonveterans and S veterans) were randomly selected to verify' service dates for layoff or RIF purposes..Those selected were:
a.
Two salary policy employees (nonveterans),' Division of Nuclear Construction, WBN. The lists were prepared by the Division of Nuclear Construction Personnel Office at Knoxville, b.
Five T&L employees (one veteran and four nonveterans), Office of Nuclear Power, WBN. The lists were prepared by the Office of Nuclear Power Personnel Office, WBN.
c.
Ten T&L employees (four veterans and six j
nonveterans), Division of Nuclear Construction, WBN.
The lists were prepared by the WBN Project Personne1'
-l Office.
I A microfilm copy of the TVA personal history record (PHR)~
l of each. person selected was reviewed. Their. service I
dates listed on the layoff and RIF retention lists were I
checked against those listed in'their PHR's.
The service dates are generated by the computer..Also, veterans' status in PHR was checked to determine whether or not the 17 were placed in the correct retention group. All were correct.
l i
Of the 17 names, four (two veterans and two nonveterans) were randomly selected to verify that the service dates i
used for their RIFs or layoffs were figured ~ correctly.
All four were correct.
.)
j The conclusion is that the 17 people were placed on the retention lists correctly.
I i
7.
The Reduction section of the Personnel Manual. Part A, j
page 5, dated August 8, 1977. Part B, page 3, dated 2
August 8, 1977, and Part C, page 3 dated November 11 I
1977, discusses veterans' preference in a RIF. However, this information is not current.
It does not include a separate retention group for the 30 percent or greater compensable DAVs. The correct information has been provided and discussed in informational meetings concerning RIFs. Also, the layoff information in the Personnel Manual har not been updated to exclude union members from having a separate ranking in layoffs.
l
4 l
TVA EMPLOYEE CONCERNS REPORT NUMBER:: 72100 SPECIAL PROGRAM
' REVISION NUMBER:
2 PAGE 25: OF 45
.TVA's Salary Policy Articles of Agreement does contain; current and correct information on retention groupings 1in a RIF. It does include a separate retention group for-the 30 percent or more compensable DAVs.
The General Agreements for construction and operating and maintenance employees do not describe how veterans and compensable DAVs are placed on retention lists for RIFs.
However, a Handbook for Veterans is being developed to-provide this necessary information to all managers, employees and applicants.
j An examination of the Merit Systems Protection Board appeals
]
and grievances under the Grievance Adjustment Procedure j
showed that TVA lost no T&L appeals on veterans' preference in 1985. Nor.did it lose any such appeals or grievances-for.
salary policy workers at WBN for 1985.
Conclusion This investigation found that TVA is essentially applying.
veterans' preference correctly in layoffs and RIFs..
Veterans' preference is a factor in RIFs but not inl layoffs.
A few division personnel officers may not be handling military retirees correctly in RIFs. The only evidence of-this was the results of the interviews with 10 division.
personnel officers. No situations were discovered where military retirees were handled incorrectly in a RIF.
Therefore, this issue cannot be considered factually correct.
4.2.4 Issue 72104 - Job Reclassification and Security Clearance Requirements
Background
The contention in this issue is that job reclassification and i
security clearance requirements have been used to give favored nonveterans an unfair advantage over veterans in layoffs, RIFs, and hiring.
The following are the requirements and criteria that apply to this issue.
1.
Veterans' preference is a factor in RIFs but not in layoffs, see 4.2.3 section of this report. All "one year or less" T&L employees in the same classification for in the same subtitle if used) are compared in the layoffs.
Also, for RIFs, all "more than one year" T&L employees in
)
\\
4
4 TVA EMPLOYEE CONCERNS
' REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:,
2-PAGE 26 0F-45 the same classification are compared, with veterans' preference being a factor.
2.
In a layoff or RIF, a job steward is retained as long as there is work in his/her classification for which he/she is qualified. If it is necessary to~ release all'"one year or less" employees and continue into a RIF of "more than one year" employees, the "one year or less" job stewards must be terminated before a RIF is effected for any,"more than one year" employees.. (See Personnel-Manual, Vol. 2, PM Section 7, Reduction, part A, pages 2 and 3; H-VII-C-3 and H-VII-E-3 in General Agreement for construction workers and A-VII-C-8 in General Agreement for operating and maintenance employees.)
3.
Employees are assigned'certain job classifications because of the jobs for which they were hired. As discussed in section 4.2'1 of this report, candidates.
considered for specific openings come from the following sources:
1 a.
Those referred from the unions.
b.
Those recommended by management (call-by-name procedure),
c.
Those who have exercised their veterans' preference rights with a TVA employment office.
Outside of RIF mode, employees can be changed from one classification to another as long as TVA.can use the employees in the new classification; for example, a steamfitter welder could become a steamfitter.
4 Representatives from TVA's Labor Relations Staff indicated that it is against TVA's policies for employees I
to be removed from layoff or RIF lists because of reclassifications or status changes--even if the layoff or'RIF notices are issued up to two weeks after the change.
i
6 4
TVA F.MPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 27 OF'45 j
i
~
The General Agreement for construction employees,
d (H-VII-C-4 and H-VII-E-4) states that in certain crafts, foremen selected for a RIF are offered reassignment to j
journeyman jobs in the same competitive. ares..However.
1 they do not have reassignment rights unless they.can roll-i back to 'the journeyman level and.be retained there.. The J
foreman can only roll back to the journeyman position i
held before being promoted.to the foreman position.
l This has also been true in the-past for the T&L operating l
l and maintenance employees. However, with their new 1
i General Aareement, effective May 13,.1986, the hourly operating and maintenance foremen no longer have the reassignment rights, but the annual operating and g
maintenance foremen still have the rights.
.)
4.
In positions at nuclear facilities, security clearance for unescorted nuclear plant access is a qualification
- j requirement.for selection and retention.
Compliance with clearance requirements-is considered before veterans' l
status in this situation.
i 1
5.
hourly employees do not have job descriptions at TVA; however, annual employees do.
The union and TVA-agree on j
the job descriptions for the T&L annual employees.
n 6.
The Veterans' Preference Act does not provide preference to veterans in transfers, j
l 7.
" Favoritism" is a violation of TVA's policies on employment matters.
{
\\
Discussion l
A recent Merit Systems Protection Board (MSPB) ruling j
reinforces the validity of the criteria spelled out in item 3
)
above. The MSPB ruled against a steamfitter' foreman who 1
thought he should have been reassigned to a steamfitter j
classification rather than to the steamfitter welder j
classification in which his lower retention standing resulted in his being RIF'd.
The MSPB ruled-that the steamfitter foreman was only entitled to be considered for reassignment
. I to the journeyman position he held before his promotion to steamfitter foreman. The implication of.this ruling is that reclassification guidelines can not be ignored in order to; save someone's job.
4
]
1 l
..a-____-_-_______-___-
4 TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECZAL PROGRAM REVISION NUMBER: 2 PAGE 28 0F 45 The speed with which an employee can be cleared for unescorted access to protected areas in a nuclear plant can be a legitimate factor in hiring or in retention if retained employees are required to have security clearances. However, among those with security clearance (those who are " badged"),
veterans must be given first preference in hiring and preference during a RIF in their tenure group and competitive area as described in section 4.2.3.
Among those who can quickly get clearance (those who are readily "badgeable" because they have previously had clearance, for instance),
veterans again must be given first preference.
Conclusion l
This issue does not focus on whether favoritism is a problem for ONP. Issues dealing with favoritism are evaluated in the subcategory reports on Labor Relations (71600), Management Technique (70600), and Employment (71800). The point of contention here is whether or not job reclassification or the need for security clearance has been or could be used to deny a veteran his/her legal right to veterans' preference.
The answer is no.
The rules preventing such abuse are in place and are enforced. Therefore, this issue is not factually accurate.
4.2.5 Issue 72105 - Disabled Veterans Are Not Given Any Preference The evaluation of this issue includes the findings of issues 72101 through 72104 Discussion A.
Audit by Office of Personnel Management--TVA's Disabled Veterans Affirmative Action Program was audited March 13-15, 1984, by Office of Personnel Management (OPM).
The OPM's major findings and recommendations are summarized below:
1.
Recruitment and Hiring of DAVs a.
OPM Findings:
Labor union seniority referral systems present a formidable obstacle for affirmative recruitment of DAVs in the T&L occupations. At the time of this review, there was no active program in place for recruiting DAVs. This fact accounts in part for the low DAV hiring rate at TVA.
4 TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 29 0F.45 1
b.
OPM Recommendations:
1.
IVA top management should attempt to obtain I
recognition of preference for DAVs in the i
local council's referr61 procedures.
I 2.
Recruitment staff must vigorously implement
- l the recruitment action items in the current l
Disabled Veterans Affirmative Action Program I
(DVAAP) plan.
2.
Promotions (Internal Advancement) of DAVs.
a.
OPM Findings:
j Once on board, the DAV employee is "on his/her own."
The promotion / advancement policy of 38
. l U.S.C. 2014 is not understood or carried out at
)
TVA, resulting in a low promotion rate for DAV.
l b.
OPM Recommendations:
1.
The " internal advancement" section of the l
current DVAAP plan must be revised to include I
i more positive action items.
l
\\
2.
Managers and supervisors should be trained in and sensitized to the policies and procedures of the DVAAP. They should be held accountable, through the agency performance appraisal system, for contributing to the DVAAP as part of their EE0 responsibilities.
3.
OPM's general finding was, as a class, DAVs had been neglected at TVA.
The following is a summary of Mr. Charles H. Dean, Jr.'s (Chairman, TVA Board of Directors) written response to OPM.
a.
IVA has an excellent overall affirmative action program for handicapped individuals, including its DAVs program.
b.
There is no problem with the local union referral procedures, and the agency's agreements with blue-collar unions have long recognized preference for DAVs.
v
'TVA EMPLOYEE CONCERNS REPORT NUMBER:
72300
.SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 30 0F 45 c.
TVA's College and Professional Relations Staff and
-area employment office liaisons will be directly involved in recruiting DAV candidates.
.In. addition, efforts will be made to strengthen and expand TVA's contact with outside organizations which provide services to DAVs.
B.
TVA's Disabled Veterans' Affirmative Action Program's accomplishments for fiscalLyear 1985 are included in the Affirmative Action Fiscal Year 1985 Accomplishment-Report and Fiscal Year 1986 Update for Disabled Veterans.- Also included in the report are the objectives and strategies to be used to promote the employment and advancement of.
DAVs at TVA during fiscal year 1986.
The objectives for 1986 are 'as follows:
1.
To increase: the number of job qualified DAV applicants'on TVA employment registers.
l 2.
To increase-internal' advancement opportunities for DAVs through career planning and upward mobility opportunities, q
3.
To provide managers'and' supervisors awareness training and information pertaining to the policies and procedures of the Disabled Veterans Affirmative Action Program.
4.
To provide internal and out-placement opportunities for DAVs scheduled for reduction-in-force.
5.
To increase DAVs input l'nto affirmative action issues and concerns and'to provide opportunities for awareness of TVA policies, procedures, and legislation affecting their employment.
6.
To increase managers' and supervisors' understanding of the reasonable accommodation concept and its application in meeting career advancement and career development needs;of certain DAVs.
L A memorandum dated April 7, 1986, from Charlesetta Woodard-Thompson to Guenter Wadewitz with subject " Watts Bar Employee Concerns Raised on TVA's Disabled Veterans Affirmative Action Program" lists the highlights of actions that have been taken or are in the process.of being implemented under TVA's. Disabled Vetera.ns Affirmative Action Program.
l
.y.
TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 31 0F 45 Some of the actions listed in this memorandum and in the Fiscal Year 1985 Accomplishment' Report are as follows:
1..
Recruitment and Hiring--The Division of Personnel's Employment Branch has sensitized its employment officers to the need for seeking outside applicants who are qualified DAVs for specific. job openings.
Also, special consideration is,given to DAVs as candidates in TVA's special employment programs such as the Student Training and Employment Project (STEP), Student Co-Op Program, and the Training and Orientation Project (TOP).- Additionally, special:
meetings have been held with' administrative officials of the Veterans Administration's Rehabilitation Counseling Services Program and the Knoxville and Chattanooga' Veterans Outreach Centers to improve our referral process and to' establish linkage with these I
organizations to strengthen TVA's outreach recruitment capability.
2.
promotions--In January 1986, the Manager of Employee Relations issued a memorandum to all office heads dealing with OPM's findings concerning TVA's-DVAAP with a recommendation that agency managers give immediate attention to providing career counseling i
and to Individual Development Plans (IDP's)-for 30 percont (or more) compensable DAVs employed in their organizations. To assist in this activity, in February 1986, all division personnel officers (DP0s) received a printout of their organizations' 30 percent or greater DAVs including all personnel actions recorded for each 30 percent or greater DAV in their organizations. DPos were requested to target those DAV employees who lacked the necessary skills for advancement and who had remained at entry-level positions or had progressed slowly into higher level positions.
TVA is in the process of receiving responses from the DP0s concerning the career development planning for their compensable DAVs.
3.
Final guidelines have been developed for TVA's l
Advisory Committee for disabled persons. Each TVAL L
office will have a representative on the committee with an alternate member also chosen by office managers to represent the committee.in his/her absence. A minimum of four-committee members will be DAvs with a provision that a subcommittee made up 9
____.____.m_
s TVA EMPLOYEE CONCERNS
' REPORT NUNBER: 72100 l
SPECIAL PROGRAM a
REVISION NUMBER: 2 4
.PAGE;32 0F 45 i
exclusively ~of DAVs may be established to address specific problems and needs facing DAVs employed by
'TVA.
The committee will meet bimonthly. The first meeting was held May 29, 1986,- in Knoxville.
4.
In March.1985 a special edition of TVA's Management Newsletter was published on the topic " Disabled Veterans: A Challenge.".The newsletter focused.upon OPM's audit of TVAs DVAAP and provided guidelines to be'used in implementing affirmative action activities intended to address specific needs of DAVs.
1 C.
Ms. Woodard-Thompson states in her memorandum that most of the recommendations made by OPN as a result of'their audit have been or are in'the process of being addressed.
OPM's review of TVA's Fiscal Year 1985 Accomplishment Report indicated that it met the basic requirements of 5 CFR Part 720. The four requirements met in the report-are:
1.
Methods used to recruit and employ DAVs especially 30 percent or more DAVs.
2.
Methods used to provide / improve internal advancement opportunities.
3.
Description of how installations were monitored, reviewed, and evaluated.
4.
Explanation of progress or lack of progress-in the l
program.
Conclusions TVA is making some progress in its attempt to enhance the-employment and advancement of DAVs. However, at this time, improvement is sti11'needed in the hiring of compensable DAVs. Some. division personnel officers do not understand the type of preference to give compensable DAVs in hiring. For certain job categories, the employment registers have inadequate numbers of veterans and compensable DAVs.
4
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 33 0F 45 As discussed in section 4.2.3 of this report TVA is in compliance in handling layoffs and RIFs of compensable DAVs.
The increased hiring of compensable DAVs does need corrective action, but the handling of layoffs and RIFs of compensable DAVs does not constitute a problem.
4.3 Miscellaneous Veterans' Preference Issues 4.3.1 Issue 72106 - Retired Veterans Are Treated As Nonveterans Discussion A.
The issue here is the call for an evaluation of the policy of treating retired veterans as nonveterans.
TVA has no option in what type of preference to give military retirees in hiring or in RIFc. TVA is required to follow the guidelines set out in the Federal personnel Manual. Those guidelines are as follows:
1.
For a military retiree to receive preference for appointment purposes, the individual must meet one of the following two conditions:
a.
Must be a DAV. A DAV means a person who was separated under honorable conditions from active duty in the armed forces performed at any time and who has established the present existence of a sarvice-cennected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Veterans Administration or a military department.
or b.
The individual must have retired below the rank of major or its equivalent.
2.
For a military retiree to receive preference in a RIP, the individual must meet one of the following conditions:
i
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 34 0F 45 a.
Must have retired from the uniformed service based on a disability resulting from injury or disease received in line of duty as a direct result of armed conflict.
or b.
Must have retired from the uniformed service based on disability caused by an instrumentality of war and incurred in the line of duty during a period of war.
or c.
Must have retired from the uniformed service (at a grade below that of major or equivalent) under 1
circumstances not covered in (a) or (b) above.
l and (1) Had less thad 20 years of full-time active service, regardless of when service was performed. In counting service for this purpose, full-time active duty for training is not counted.
l or, 1
(2) On November 30, 1964, was employed in a civillen position to which the RIF retention provisions of 5 USC 3502 applied and, on and after that date, the individual continued to be employed in that kind of position ~without a break in service of more than 30 days, or l
d.
Must have retired from the uniformed service at or above the rank of major or equivalent and be a DAV and meet one of the conditions covered in c(1) or c(2) above.
v TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 35 0F 45 B.
As rection 4.2.3 revealed, responses from a few division personnel officers interviewed were incorrect on how to handle military retirees in a RIF (see Table 4-5).
Two of the division personnel officers indicated the preference they would give a retiree in a RIF would be the preference indicated on the retiree's form 9880, Employee Status and Information Record. However, that preference is for appointments and not for RIFs. More l
retirees get preference for appointments than for RIFs.
I C.
Also, one of the 10 division personnel officers indicated l
l he would treat military retirees as nonveterans in l
l hiring. This would be correct for a person who retired i
at the rank of major or above and who was not a DAV.
However, most military retirees applying for work at TVA retired below the rank of major or its equivalent and, therefore, would be treated as veterans in hiring. The other nine division personnel officers essentially gave correct answers as to the preference they would give these people in hiring.
D.
The General Agreements do not describe veterans' preference for military retirees in hiring and in RIFs.
There is no information in TVA's personnel Manual on veterans' preference for the retirees in hiring.
Although preference for the retirees in RIFs is addressed in the Personnel Manual, the information is not current.
It does not address military retirees who were officers.
1 Conclusion l
This investigation indicates there were no situations l
discovered where military retirees were handled incorrectly in a RIF.
In the great majority of cases TVA is handling military retirees correctly in hiring. Therefore, this issue is not factually accurate and does not identify a problem.
4.3.2 Issue 72107. Veterans' Preference Is Unfair to Nonveterans This issue is based on an opinion that any preference for veterans is unfair.to nonveterans.
Background information concerning application of the Veterans' Preference Act is presented in section 4.1.
The fairness of that Act will not be judged here. The evaluation of this issue will instead address the availability of grievance procedures to nonveterans.
TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 SPECIAL PROGRAM-REVISION NUMBER: 2 PAGE 36 0F 45 Discussion The Veterans' Preference Act grants'to veterans with more than one year of current service the right to appeal to MSPB if they are RIF'd, discharged, suspended for more than 14 days, or are reduced in grade or pay. Also, nonveterans with more than one year of current service are entitled to appeal to MSPB if they are RIF'd, but not for any of the other adverse actions. However, nonveterans, like other represented employees, may appeal an adverse action through TVA's internal negotiated grievance procedures. They can also file a complaint with TVA's Equal Opportunity Staff if they believe the action in question is based on discrimination on the basis of race. color, religion, sex, national origin, handicap, age, and/or reprisal for participating in an Equal Employment Opportunity (EEO) complaint.
The. employees are allowe'd-to appeal only under one of the above procedures.
The TVA Employee Concern Program is also available to employees (nonveterans or veterans) who have concerns or feel they are victims of job harassment or mistreatment. They are encouraged to discuss the situations with any of the
)
following sources.
A.
Immediate supervisor B.
Employee Concern Program Site Representative C.
TVA Inspector General in Knoxville All new employees (salary policy and T&L) for WBN are given a copy of the TVA Employee Concern Program.
Conclusion No evidence was found that nonveterans do not have access to sufficient grievance procedures. Therefore, this concern is not factually accurate and does not identify a problem.
w 4
TVA EMPLOYEE CONCERNS REPORT NUMBER:
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2 PAGE 37 0F 45 4.3.3 Issue 72108 - Discrimination in 30-day Waiting Period This issue was raised by a contention that veterans are discriminated against in TVA's layoff policy of 11 months and 29 days by not being allowed to apply to vacancy announcements during their 30-day waiting period to be called back to work.
Discussion A.
Only TVA employees can apply for job vacancy announcement positions.
B.
TVA still has appointments of less than one year. Also, TVA has T&L hourly appointments without an ending date.
Some people may be rehired less than 30 days from their termination dates; whereas others may not be rehired until 30 days have elapsed. In either case they are not allowed to apply on a vacancy announcement after they are terminated until they have been rehired.
C.
Although the following has no bearing on whether or not a person (veteran or nonveteran) can apply on a vacancy announcement after he/she is laid off or RIF'd, it may help to understand why the 30 days was mentioned in the l
concern.
1.
If a T&L person is re-employed in the same i
competitive arca with less than a 30-day service break, periods of service should be added together in calculating current continuous service for RIFs.
2.
A veteran preference eligible employee who her completed one year of. current continuous TVA service in the same or similar positions has appeal rights to MSPB in adverse actions. If a person is re-employed in the same competitive area and same competitive level with less than a 30-day service break, the periods of service should be added together in calculating current continuous service for adverse actions.
NOTE: There are some exceptions to the above.
l' (They are listed in a memorandum dated May 29. 1985, from James D. Pullin to Heads of Offices and Divisions with subject,
" Adverse Actions and Reductions in Force of Trades and Labor Employees.")
~
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAN REVISION NUMBER:
2 PAGE 38 0F 45 D.
Some T&L employees are. laid off and rehired frequently.
'E.
Hourly jobs are not filled through vacancy announcements.
F.
In the General Aareements that were in effect from 1984 until May 13. 1986, only the General Aareement for annual and hourly operating and maintenance employees described how jobs 1 tere filled through vacancy announcements.
In the new agreements effective May 13, 1986, only the General Aareement for the annual. operating and maintenance employees has information as to how positions are filled through vacancy announcements.
G.
Even though~the vacancy announcements do not indicate they are specifically directed to TVA employees, they f
are posted only in TVA offices. The form used to respond to the announcements is form TVA 9824. Employee Application for Announced Ve: ant Position. The top of form 9824 states that it is to be completed only by present TVA employees.
1 Conclusions As outlined in TVA procedures, neither veterans nor nonveterans are ellowed to apply for vacancies by means of form TVA 9824 after being terminated or before being rehired at TVA. Therefore, this concern is not factually accurate and does not identify a problem.
4.3.4 Issue 72109 - Posting of Openings in Nuclear Power This issue is based on-the complaint that openings' posted in j
Nuclear Power are filled before veterans are aware of them.
Discussion A.
As stated previously, veterans'. preference does not apply l
i l
to. transfers.
I B.
For T&L Openings--According to section A-III-B-2 of the General Aareement for annual operating and maintenance employees, the job announcements are posted on TVA bulletin boards where qualified employees in the-competitive areas are located. The closing date for receipt of applicati ns is not less than 15 calendar' days after the date of the iraue of the announcement.
l l
l
2 TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 i
SPECIAL PROGRAM l
REVISION NUMBER: 2 PAGE 39 0F.45 l
C.
If eligible well-qualified annual employees are not available within the competitive area, selection may be made from among well-qualified hourly or temporary annual employees'in the competitive area and well-qualified employees elsewhere in TVA who have requested consideration for positions of the type and geographic location of the position being filled.
D.
For Salary Policy Openings--According to section S-7:B-2 of the Articles of Aareement, a salary policy vacancy announcement is directed to employees in one of the following groups:
Group 1:
Employees in the competitive area in which the l
vacant position is located.
Group 2:
Employees anywhere in the division in which the j
vacant position is located.
)
i Group 3:
Employees anywhere in the office of which the
]
division having the vacant posi' tion is a part.
+
Group 4:
Employees in all offices and divisions.
The announcement allows not less than 10 calendar days after the date of posting for employees to apply.
E.
According to the Division Personnel Officer for the Office of Nuclear Power at WBN, ONP WBN annual T&L operating.and maintenance openinge'are posted TVA wide.
Posting is in accordance with A-III-B-2 of the General Aareement. All of these annual T&L jobs are posted unless they have obtained a waiver that was agreed on by both the union and TVA management. The jobs are normally posted since a waiver is seldom obtained.
Conclusion Employees (veterans and nonveterans) can only apply on announcements directed and posted for them.
If a veteran employee is located where a job announcement has been directed and posted, he/she is alleded as much time to respond to the announcement as a nonveteran, in accordance with existing TVA procedures. Therefore, this concern is not-factually accurate and does not identify a problem.
e TVA EMPLOYEE CONCERNS REPORT NUMBER: 72100 SPECIAL PROGRAN REVISION NUMBER:
2 PAGE 40 0F 45 i
4.3.5 Issue 72110 - Veterans Not Told Time Limits to File Grievances The issue is whether veterans are denied access to the labor grievance process by not having the grievance filing time
)
limits fully explained to them.
Discussion j
A.
T&L Construction Employees at WBN--The T&L construction j
employees at WBN are given a packet of information, including a copy of the General Agreement, when they are processed for employment by the WBN Project Personnel Office. The General Agreement Section H-IX, entitled
" Grievance Adjustment Procedure," tells the employees how to file a grievance and about the time limit requirements.
The employees sign a form in the personnel office that they received this information. This signed form goes in their personnel field file, which is kept at the WBN Personnel Office.
Also, the job steward and someone in the craft superintendent's office will give job orientation to each new employee. A part of that orientation is talking i
about job rules and the General Agreement, which would include information about filing a grievance.
Proposed RIF--With a notice of a proposed-RIF, the affected employees are given information about procedures and time limits in filing an appeal through TVA's internal negotiated grievance procedures and with MSPB.
They are also given information about filing a complaint with TVA's Equal Opportunity Staff (EOS) if they believe the action in question >1s based on discrimination on the basis of race, color, religion, sex, national origin, handicap, age, and/or reprisal for participating in an EE0 complaint.
The employees are allowed to appeal only under one of the j
above precedures. They are told this when they receive i
the above information.
i Both veteran and nonveteran employees are given the same information listed above.
3.
T&L Operating and Maintenance Employees at WBN--Up until now the T&L operating and maintenance employees at WBN have not been given a copy of the General Agreement at either the Knoxville Employment Office where they are processed for employment or at the Office of Nuclear
1 l
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72300 SPECIAL PROGRAM y
REVISION NUMBER:
2 PAGE 41 0F 45 1
i I
Power Personnel Office at WBN. These employees have been r
obtaining them through their unions. Their job stewards tell them about procedures for filing a grievance and about time limits.
The reason T&L operating and maintenance employees have j
not been receiving a copy of the General Agreement has
{
probably been the cost.
Each book costs about $1.50.
1 However, during the last negotiations, it was agreed that each employee (hourly or annual) would get a copy of the General Agreement appropriate for them.
Copies will be available at the Dp0's offices, the project sites, the Labor Council, and the Labor Relations l
Staff. The division personnel officer will probably be 1
the office to give a copy to the new operating and maintenance employees. The copies of the new General Agreements were just printed and made available for distribution about June 14, 1986.
I When these employees are given their KIF notices, they are also given information about procedures and time limits in filing an appeal through the incernal grievance procedures, MSpB, and TVA's EOS office, the same as T&L construction employees.
C.
No evidence was found that veterans and nonveterans were treated differently in being notified about time limits in filing a labor grievance.
Conclusion All employees (veterans and nonveterans) are given sufficient information about procedures and time limits in filin&
" labor" grievances (negotiated grievances) and the other appeals available to them. Hovever, such information may not have been available for all at the time the concern was-filed. Therefore, this concern identifies a problem which by the time of this evaluation had been remedied by normal procedures (in this case, negotiations).
4.3.6 Issue 72111 - Application Forms Do Not Identify Veterans The issue is based on a complaint that application forms for TVA employment do not ask if the applicant is a veteran.
4 e
.a
v TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM RRVISION NUMBER: -2 PAGE 42 0F 45 Discussion 1
A.
As stated previously, veterans have preference in selection for appointment and for retention _in a RIF.
Veterans do not have preference in selection for promotion or transfer.
B.
The only TVA application form that does not ask the q
applicant if he/she is a veteran is form TVA 9824 Employee Application for. Announced Vacant Position. This is the application form that TVA employees complete when they are applying.on a TVA vacancy announcement. Since
.l veterans do not have preference in transfers, it is not necessary for this application form to ask the employees about their veterans' status.
C.
Form TVA 1, TVA's present application form for both salary policy and T&L employees, asks the applicants about their veterans' status. TVA started using this form August 1985. Before that, two different applications were being used--one for. salary policy employees (form TVA 1) and one for T&L employees (form TVA 5).
Both of these applications also requested the applicants to include veterans' status information.
Conclusions
)
No change needs to be made regarding veterans' status on TVA's present. application form for outside applicants, form TVA 1, or the application form for TVA employees, form TVA 9824. The concern is not factually accurate and does not identify a problem, l
5.0 COLLECTIVE SIGNIFICANCE I
Evaluation of the findings indicated the following:
A.
The number of employee concerns specifically dealing with hiring is small in comparison to the number of employees hired TVA wide and at WBN and the number of job applications processed.' In addition, the.
number of concerns specifically dealing with layoffs and RIFs compared to the number of layoff and RIF retention-lists reviewed for this report is also small.
B.
TVA's employment of veterans compares favorably with other Federal agencies. TVA exceeds the other Federal agencies in the percentage of undisabled veterans employed and is slightly lower than the other Federal agencies in the percentage of compensable disabled veterans hired.
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER:
2 PAGE 43 0F 45 C.
Many of the issues raised reflected confusion on the part of employees as to how and why veterans' preference is applied at TVA.
Nevertheless, if such confusion leads employees (veterans or nonveterans, disabled or undisabled) to believe they are being treated unfairly, their job performance could be affected.
6.0 CAUSES J
Generie j
1 The causes and responsible organizations for the negative findings in 1
this subcategory are:
A.
Lack of updated procedures in TVA's Personnel Manual.
Responsible organization: Division of Personnel.
The Personnel Manual contains no information as to the preference military retirees should receive in hiring.
B.
Lack of training for division personnel officers and employment officers on the application of veterans' preference at TVA.
Responsible organization: Division of Personnel.
C.
Lack of information in the T&L General Agreements on how veterans' i
preference is applied at TVA. Responsible organization: TVA Management and Tennessee Valley Trades and Labor Council.
1 D.
For certain job categories, there are inadequate numbers of veterans and compensable DAVs available on the employment "ogisters, f
Responsible organization: Division of Personnel.
An example is the clerical job categories, the majority of whose candidates are females with no military duty. Also, the qualification skills (passing TVA typing test) are not common in male veterans.
I 7.0 CORRECTIVE ACTIONS 7.1 Already Initiated Corrective Actions.
A.
In the fall of 1985, a veterans' preference information session was '.:91d at VBN for interested employees.
B.
The mandatory Orientation to Supervision training course was initiated during the summer of 1986. All supervisors (management and bargaining unit supervisors) are required to attend this training. A portion of the training time is being devoted to veterans' preference.
)
i 1
TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100 SPECIAL PROGRAM REVISION NUMBER: 2 PAGE 44 0F 45 C.
TVA has just hired its first Manager of Veterans' Affairs, effective October 12, 1986.
D.
In the 1986 summer and fall issues of the Veteran's Observer, TVA placed an advertisement for engineers, nuclear unit operators, and nuclear' power and construction operations professionals. However there was no response to these advertisements. Consequently, such advertisements will be placed in other veteran's publications in an attempt to reach more effectively prospective applicants among veterans.
E.
A Handbook for Veterans is now being prepared by TVA. Included in this handbook will be information on the correct application of veterans' preference at TVA--in hiring, transfers, promotions, layoffs, and RIFs. A dra.ft of this handbook has already been sent out for review. The handbook will be made available to TVA managers, employees, and applicants for.
employment.
7.2 Corrective Action as a Result of This Evaluation A.
The TVA Pere aa1 Manual PM Section 7 " Reduction," parts A, B, C, and E are/, g ) ion;1roupiad jo @ g g ~y. n e gpd,atpdg e incluce tne ua u.2......
s regarding ret,nt
.e disabled vetiedans.' ^Alsd M$ideWNITdbe d.l..
compensab informat,on regarding pdeferenes4 pitary retJrees a RIF Information [has beer)]lavo f,tt1* regard @e een having a
separate ra=kiat in s.
a rev a.u...... _
alaaea was distributed for coordination.
(caiu; m moC; i
B.
Personnel Manual. PM Section 7. " Veterans," is to be updated with the latest Federal Personnel Manual information on veterans, including preference of military retirees in both hiring and reduction in force. This draft rewrite was distributed for coordination.
(CATD:
721-NPS-02)
C.
Training regarding the application of veterans' preference at TVA was couu m.,..... C h i ::.":::---a
^*r8---
==^*ia-There werd Ttmatem up+ % ons,,
g eo - --* in Knoxvil Le for those 4 ( M u)abI,eg.,fy g
g tg Q (CATD:
721-NPS-0:.:)
j I
DATE-6-21-s8 i
y TVA EMPLOYEE CONCERNS REPORT NUMBER:
72100
'j SPECIAL PROGRAM i
REVISION NUMBER: 2 PAGE 45 0F 45 8.0 ATTACHMENTS Attachment A., Subcate6ory Sununtry Table 1
Attachment B., List of Concerns by Element / Issue Attachment C., List of Documents Reviewed Attachment D., List of Personnel Interviewed j
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ATTACHMENT B VETERAN 3' PREFERENCE List of Concerns by Element /Israe This Subcategory Report (72100) addresses 11 lasues raised by 44 employee concerns.
Inadeousto Preference for Reaular and Olsabled Veterans (OAV) 72101 - Inadequate Preference in Hiring and Rohiring EI 85-146 001 IN.85-454-009' IN-85-362-001' IN 85 489-002 IN-85-378-003' IN-85-885 001 IN-85-395-001' 4
72102 - Inadequate Preference in Transfers EX-85 015 008' IN.85 693 001 IN-85 378-003' IN-85 708 003-IN.85 395 001' IN-85 722 001 IN.85 454-009' IN.85 760 001 IN-85-535 001 IN.85-800 001' IN.85-562 003 VI.85 072 002' 72103 - Inadequate Preference in Retention EI.85-013-001 IN-85-376 003 EX-85-014 001 IN.85 378-003' EX 85 015 008' IN.85 395-001' EI 85 015 013 IN.85-411 006 EI.85 058 005 IN.85 454-009=
EI.85 145 001*
VI.85 007-001 EI.85 158 001 72104 - Job Classification and Security clearance Requirements IN-85 381 001 IN 85-562 002 IN-85-708-006 72105 - DAVs Are Not Olven Any Preference EI.85-072-003 EI 85-145 001' IN-85-800 001' VI-85-072-002' Page 1 of 2 s
=
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ATTACHMENT B (Continued) i Miscellaneous Veterans' Preference Issues 72106 - Retired Veterans Treated as Nonveterans i
IN-85-575-001 72107 Veterans' Preference Unfair to Nonveterans EX-85 060-002 IN-85-331 002 IN-86-304 002 EX-85-074-003 IN-85-870 001 PH 85-002-010 IN-65 266 001 IN-85 916-003 PH-85-002-025 IN-85 316-003 IN 86 300-002
'72108 - Discrimination in 30-day Vaiting Period EI 85 015 008' j
72109 - Posting of openings in Nuclear Power IN-85 760 002 72110 Veterans Not Told Time Limits to File Grievances IN 85-708-005 72111 - Appilcation Forms Do Not Identify Veteran j
IN-46-306 003
' Concern addressed in more than one issue.
l Pe8e 2 of 2
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1 5
ATTACHMENT C
{
i I
The following is a list of documents reviewed.
)
1.
Federal Personnel Manual 2.
TVA Personnel Manual 3.
Application of the Veterans' Preference Act in TVA (informational handout) 4.
TVA General Aareement for Trades and Labor (T&L) Construction Employees 5.
TVA General Aareement for TEL Operating and Maintenance Employees 6.
TVA Articles of Aareesqtg for Salary Polley Employees 7 Correspondence regarding T&1. employment 8.
Merit Systems Protection Board (MSPB) appeal procedure 9.
Sample packet of information given to reduction in-force employees, along with sample reduction-in-force memorandums
- 10. Appilcation form used by outside appilcants for TVA jobs
]
- 12. Various reports and correspondence, such as TVA's Affirmative Action Fiscal Year 1985 Acconolishment Renort and Fiscal Year 1986 Vodate for Disabled Veterans; memorandum dated April 7. 1986 from Charlesetta Woodard Thompson to Guenter Wadewits with subject " Watts Bar j
Employee Concerns Raised on TVA's Disabled Veterans Affirmative Action i
Program;* articles in TVA Manatoment Newsletter and Inside TVA concerning j
veterans and disabled veterans l
13.
Layoff and reduction.in force (RIF) retention lists 14.
Records ladleating who was selected for positions
- 15. Various statistical information
- 16. Sample packets of information given to new employees 1
e e-w
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ATTACHMENT D The following list the personnel who were interviewed:
1.
Division Personnel Officer for the Division of Nuclear' Construction
' 2.
Division Personnel Officer for WBN. Office of Nuclear Power 3.
Assistant Personnel Officer far WBN. Office of Nuclear Power 4.
Personnel Officer for WBN Construction Project
%f 5.
The Employment Officer in the Knosville Employment Office who serves WBN l
6.
Division Personnel Officer for the Division of Medical Services 7.
Division Personnel officer for the Division of Property and Services 8.
Division Personnel Officer for the Division of Management Systems 9.
Division Personnel Offleer for Division of Personnel. Office of the j
General Manager. Office of the General Counsel. Office of the Inspector d
General. Division of the Comptroller. Division of Occupations 1 Health and Safety, and Labor Relations Staff
- 10. Division Personnel Officer for Division of Land and Economic Resources
- 11. Division Personnel Officer for office of Agricultural and Chemical Development
- 12. Division Personnel Officer for Pubile Safety Service
- 15. Head of TVA's Muscle Shoals Employment Office 16.
Head of TVA's Nashville Employment Office 17.
Representatives from the Labor Relations Staff
- 18. A Construction Management Assistant at WBN
- 19. A Personnel Staff Officer in the Division of Personnel
- 20. Manager of TVA's Handicap Services Program
- 21. WBN Site Manager for Nuclear Services Branch i
- 22. WBN Assistant Site Manager for Nuclear Services Branch
- 23. Teterans' Specialist. Office of Personnel Management. Washington. D. C.
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