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Article 18Merit Promotion and Non- Competitive PromotionsApplies Only to Title 5 EmployeesSection 1. GeneralThe purpose and intent <strong>of</strong> this Article is to ensure that employees are given full and fair considerationfor advancement and to ensure selection from among the best-qualified candidates. All positions shall besubject to <strong>Indian</strong> Preference in accordance with United States District Court for the District <strong>of</strong> ColumbiaCivil No. 04-01215 dated December 12, 2008. Actions under a promotion plan, whether inidentification, qualification, evaluation, or selection <strong>of</strong> candidates or any other phase <strong>of</strong> the promotionprocess, shall be made without regard to political, religious, or labor organization affiliation or nonaffiliation,marital status, race, color, sex, national origin, non-disqualifying physical disability, sexualorientation, or age, and shall not be based on any criteria that are not job-related, including favoritismbased on personal relationship, patronage, or nepotism.Section 2. Application <strong>of</strong> Competitive ProceduresA. Competitive procedures apply to the following actions:(1) Permanent promotion to a higher-graded position or to a position with a higher fullperformance level than previously held on a permanent basis in the competitive service.(2) Temporary promotions for more than 120 calendar days or details for more than 120calendar days to a higher-graded position or to a position with greater promotionpotential than previously held on a permanent basis in the competitive service.(3) Selection for training which is part <strong>of</strong> an authorized training <strong>agreement</strong> required beforean employee may be considered for promotion.(4) Reassignment, transfer or change to a lower-graded position with promotion potentialgreater than any position held on a permanent basis in the competitive service.(5) Reinstatement to a permanent or temporary position at a higher grade with a higher fullperformance level than any position previously held on a permanent basis in thecompetitive service.(6) Promotions due to the addition <strong>of</strong> substantive, new and higher-graded duties when thenew position is not a clear successor to the old position or there are other employeesserving in similar or identical positions within the organizational unit to whom the newduties could have been assigned.B. Competitive procedures do not apply to the following actions:66

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