University Policy 37

Posting of SHRA Vacancies, Promotions, and Veteran's Preference

Formerly Executive Memorandum 88-88
Initially approved April 15, 1988
Revised: December 12, 2016

Policy Topic: Personnel

Administering Office: Office of Human Resources and Payroll

I. POLICY STATEMENT

It is the policy of Western Carolina University (the “University”) to comply with State Human Resources Commission policies pertaining to posting of SHRA job vacancies and priority consideration for qualified State employees and veterans.

II. DEFINITIONS

SHRA” means employees who are subject to the State Human Resources Act.

III. IMPLEMENTING PROCEDURES

A.  Posting Requirements

All SHRA vacancies for which the University openly recruits, and which are not otherwise exempt from the posting requirement as described herein, are posted via the online employment system for a minimum of five (5) business days.  Postings are accessible 24/7 online through the WCU jobs site, the Office of State Human Resources and North Carolina Division of Employment Security employment sites, and may be linked by other online job boards and posting sites.  The requirements of posting do not apply to vacancies which must be filled immediately to prevent work stoppage or because of protection of public health, safety, or security is at risk.

B.  Career Status Employee Priority

If a current State employee with career status, as that term is defined in NCGS 126-5(a)(2), applies and is qualified for another State position at a higher level and has qualifications substantially equal to those of the highest ranking applicant who is not a State employee, the State employee must be given priority consideration over the non-employee applicant. State employees separated from policy-making exempt jobs for reasons other than cause, State employees separated by reduction-in-force, and employees returning from workers’ compensation leave are not considered outside applicants for the purpose of the promotional priority policy.

C. Veterans’ Preference

In appreciation for their service, certain veterans are to be granted preference for employment. Those eligible must have served in the United States Armed Forces on active duty, for reasons other than training, during periods of war or any other campaign, expedition, or engagement for which a campaign badge or medal is authorized by the United States Department of Defense and have been discharged under other than dishonorable conditions.  “Eligible veteran” refers to (i) a veteran who served during a period of war; (ii) the spouse of a disabled veteran; (iii) the surviving spouse or dependent of a veteran who died on active duty during a period of war either directly or indirectly as a result of such service; (iv) a veteran who suffered a disabling injury for service-related reasons during peacetime; (v) the spouse of a veteran who suffered a disabling injury for service-related reasons during peacetime; or (vi) the surviving spouse or dependent of a person who died for service-related reasons during peacetime. For consideration, eligible veterans must submit a DD Form 214, Certificate of Release or Discharge from Active Duty and must meet the minimum education and experience requirements for the position sought.

For initial employment or subsequent employment, the eligible veteran shall be hired when overall qualifications, as defined below, are substantially equal to one or more non-veterans in the pool unless there are State employees with the following priorities: (i) a qualified current State employee with career status who is seeking a promotional opportunity; (ii) a qualified employee separated from an exempt policy-making or exempt managerial position for reasons other than just cause; (iii) a qualified state employee with career status who is notified of or separated by reduction in force; or (iv) an employee returning from workers’ compensation leave.

For purposes of this policy, the term ‘qualifications" means (i) training and education; (ii) years of related work experience; and (iii) other skills, knowledge, and abilities demonstrated in the selection process which bear a reasonable functional relationship to the requirements of the position applied for.

D. Appeals

Any State employee with career status who has reason to believe that he/she was denied promotion due to the failure of the University to post notice of the job vacancy or to afford the appropriate priority has the right of appeal through the University grievance procedure. If the Grievant is not satisfied with the Final University Decision, the Grievant may appeal to the Office of Administrative Hearings. The Office of Human Resources and Payroll will assist University administrators and supervisors in complying with the policies described herein.

IV. POLICY REVIEW

This Policy shall be reviewed and revised as necessary in the event that the North Carolina Office of State Human Resources revises related policies and/ procedures.

V. RELATED POLICIES AND RESOURCES

Office of State Human Resources Veteran’s Preference Policy: http://www.oshr.nc.gov/policies-forms/recruitment-selection-workforce-planning/veterans-preference
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