U.S. Office of Personnel Management
WELFARE-TO-WORK
September 29, 1997
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U.S. Office of Personnel ManagementWELFARE-TO-WORKSeptember 29, 1997 |
Q. In making Worker-Trainee appointments, are agencies permitted to use an "inverted" rating process where more credit is given for candidates who are least qualified?
A. No. The process that was used in the early 1970's in rating candidates for Worker-Trainee positions, gave more credit to those candidates who were least qualified for the position. The reason for this "inverted rating" process was based on the fact that General Schedule (GS)-1, Wage Grade (WG)-1 and WG-2 jobs require no experience or education in order to qualify for the job. Candidates were selected based on their willingness to perform simple tasks and follow instructions. The less experience, training or education the applicant had, the more credit was granted. This process was challenged because it did not measure factors that determined the best qualified candidate. Under challenge for its validity, the Office of Personnel Management discontinued its use.
Selection for the Worker-Trainee positions should be made based on a process for identifying the best qualified candidates for the positions. OPM cannot sanction, nor defend, an evaluation process that is not based on criteria that determine the best qualified for the position. Agencies are reminded that the Temporary Appointment Pending Establishment of a Register (TAPER) authority continues and may be used to fill Worker-Trainee positions in order to take advantage of the flexibilities that are outlined in part 333 of title 5, Code of Federal Regulations.
Q. What options do agencies have in determining the length of time vacancy announcements for Worker-Trainee positions must remain open?
A. At a minimum, adequate public notice must assure open competition by guaranteeing that necessary information will be accessible and available on inquiry. If agencies believe that they will receive an adequate number of qualified and diverse applicants, they may wish to adjust the open period accordingly. Agencies must be mindful that decisions regarding excessively short open periods are subject to oversight review based on section 2301 of title 5, United States Code (U.S.C.), in determining if fair and open competition occurred.
Q. Are Federal agencies permitted to accept volunteer services under the Welfare-to-Work initiative?
A. The intent of the Welfare-to-Work initiative is to place welfare recipients into paid positions in order to provide opportunities to secure long-term income. Although "volunteer" service may prepare welfare recipients for other employment opportunities, agencies are reminded that "volunteer" work assignments may not be used to satisfy their "employment" commitment under the Welfare-to-Work initiative.
The general rule under section 1342 of title 31, United States Code (U.S.C.), is that no person may provide volunteer service to the Government. However, exceptions to the general rule are permitted for emergencies, for student volunteers appointed under 5 U.S.C. 3111, and for individual agencies with specific statutory authority. In addition, a 1975 Comptroller General decision ruled that "Federal agencies may participate as hosts for enrollees or trainees by providing work, training projects and on-site experience..." when offered under the Comprehensive Employment and Training Act which was later replaced by the Job Training Partnership Act.
While the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provides for various types of employment opportunities, the placement of welfare recipients as volunteers with Federal agencies is not authorized by this law. Use of volunteers is only permitted when the agencies use one of the previously mentioned authorities.
Q. What is a "Host-Enrollee" and is it an option under the Welfare-to-Work initiative?
A. "Host-Enrollee" is a term used to describe the relationship between agencies and individuals participating in Federal Grant Programs such as the [former] Comprehensive Employment and Training Act (CETA) program. Participants in the program -- the "Enrollees" were placed (as volunteers) with "Host Agencies" which provided work experience or training. The participants became known as "Host-Enrollees." In 1982, the CETA legislation was replaced by legislation that created the Job Training Partnership Act (JTPA).
Federal agencies using a specific authority available for this purpose may accept welfare recipients as volunteers (e.g., "Host-Enrollees" under the JTPA ). However, as stated earlier, the intent of the Federal Government's Welfare-to-Work initiative is to place welfare recipients into paid positions.
Page created September 29, 1997