Dear Employees,
 
As you might know, in 2007 the union filed a national level grievance when SSA management improperly implemented the Internal Vacancies on Line program (IVOL) that dramatically changed the way employees put in for vacancies and the way that the applications are scored and how selections are made. AFGE won the arbitration.

In August 2009, an Arbitrator ruled that the self-scoring questionnaire (you got to tell the agency how great you are and employees soon learned to give themselves the maximum points) and the solitary management official “selection panel” were in violation of the contract.  The agency appealed the decision.
 
On March 30, 2012, the Federal Labor Relations Authority ruled on the appeal and upheld the Arbitrator’s decision with regard to the Article 26 contract violations raised by the union (66 FLRA No. 108). Basically, IVOL was thrown out as it violated the contract.
 
In summary, the FLRA found that, in negotiating IVOL:

• Article 26 settles the matters of how employees apply for positions and how the Agency will rate and rank their applications,
• Article 26 contains a complete merit promotion plan resulting from bilateral negotiations,
• The implementation of IVOL was a contractual violation,

The agency is prohibited from implementing IVOL.
 
At this time the agency must, in compliance with the Decision of the FLRA and Arbitration Award:
 
1. Immediately discontinue the use of IVOL at every level of the agency must cease using the electronic questionnaires.
 
2. In the case of actions taken under IVOL for which selections have not yet been made, the positions must be re-announced in the same manner as item #1 of the award as described above. The agency must accept paper and electronically submitted SSA 45s. BQL lists and selections will be made in the same manner as before the introduction of IVOL. The electronic questionnaires will play no part in either the BQL or selection process
 
3. In the case of actions taken under IVOL and for which selections were made, the Union shall have 45 days from the date of the award to file grievances or request audits of selection packages
 
4. The agency must sign a Notice to All Employees and post it on all SSA bulletin boards where bargaining unit employees represented by AFGE are located. This would be in every AFGE SSA office in the country and US possessions.
 
5. Employees will have 45 days to file a grievance under the Article 24 Section 9 grievance procedure on any non-selection that the employee put in for but did not get selected. Employees will have 45 days from the date of the award (3/30/12) to file those grievances. Whether this is working days or calendar days is not specified, we would advise taking the safer route and file your grievance within 45 days of 3/30/12 or May 11, 2012.
 
At the bottom of this document is a blank grievance form. Contact your Local Union Representative about filing a grievance. Union representatives may be requesting data to support your grievance. On the grievance form, complete your name and identifying information, the name of your union representative, and in the “Description of grievance” block, all you have to state is “I was wrongly denied a promotion due to IVOL, violating Article 26 Sections 1, 7, 8, 9, 10, and 11” sign it and date it and submit it to your first line supervisor. In “Relief Sought” write “Promotion to the position(s) that I put in for”. If you have the vacancy announcement number(s) that you put in for write those in. Make a copy for yourself and your union rep. Gather up your data on the promotions that you put in for to support your position.  If you have already filed a grievance on a past non-selection, tell your supervisor to re-activate the grievance.

IVOL Grievance Form 2048

IVOL Grievance Form 2048 with discrimination