Federal managers could be fired for violating veterans preference rules under a bill awaiting President Clinton's signature.
Under the Veteran's Employment Opportunities Act (S. 1021), veterans will have a new redress procedure to follow when they believe federal managers have violated statutory rules designed to help veterans get federal jobs.
The bill will also extend veterans preference to the legislative and judicial branches, require the Federal Aviation Administration, which is exempt from many civil service rules, to consider veteran status during layoffs, and toughen veterans preference requirements for government contractors.
Sen. Chuck Hagel, R-Neb., who sponsored the bill, said it will help make federal managers pay more attention to veterans preference rules.
"This bill does not guarantee anyone a job, but it does allow the sacrifices made by those who served in uniform to have their service recognized as they are considered along with others for federal jobs," Hagel said.
Hagel's bill establishes violation of veterans preference as a prohibited personnel practice, putting it on a par with rules preventing employment decisions based on race, color, religion, sex, age, marital status, disability, and political affiliation. If the Merit Systems Protection Board rules that a manager failed to consider veteran status in a hiring, promotion or layoff decision, the manager could be fired or suspended.
Veterans who suspect an agency of violating preference rules will have a three-step redress system under the bill.
First, the veteran must file a complaint with the Labor Department within 60 days of the alleged violation. If an investigation finds a violation did occur, the Labor Department must ensure that the violating agency addresses the grievance.
If the Labor Department fails to complete an investigation within 60 days of the complaint's filing, the veteran can file a complaint with the Merit Systems Protection Board.
If MSPB doesn't complete a review within 120 days, the veteran can take his case to a U.S. district court.
Under current veterans preference rules, veterans are awarded special consideration in hiring, promotion and reduction-in-force proceedings. For example, veterans who apply for federal jobs automatically gain an advantage over equally qualified non-veterans. Federal managers cannot pick a non-veteran over an equally qualified veteran for a job opening without justifying the decision to the Office of Personnel Management.
A 1995 General Accounting Office study found that agencies often avoided veterans preference rules by using non-competitive hiring authorities. GAO also found that managers were less likely to choose from a list of eligible candidates if the list was topped by a veteran than if the list was topped by a non-veteran. Veterans groups have complained to Congress that agencies fail to follow preference rules.
The President is expected to sign Hagel's bill.
NEXT STORY: FDA nominee may get another shot