Formerly Executive Memorandum 88-88
Initially approved April 15, 1988
Revised: December 12, 2016
Revised: January 23, 2024
Policy Topic: Personnel
Administering Office: Office of Human Resources and Payroll
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. This policy does not apply to temporary employees or student workers.
“SHRA” means employees who are subject to the State Human Resources Act.
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 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 when the 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. All employment decisions involving recruitment, selection and priority consideration shall comply with Equal Employment Opportunity Policy. This priority consideration shall not apply when the only applicants considered for the position are current State employees.
C. Veterans’ Preference
In appreciation for their service, certain veterans are to be granted preference for employment. The State Human Resources Act requires the State Human Resources Commission provide employment preference for state positions subject to G.S. 126 to veterans who served in the Armed Forces of the United States as defined in G.S. 126-81(1-3) and to eligible members of the National Guard as defined in G.S. 126-81(4).1The preference to be accorded eligible veterans and National Guard members shall apply in initial employment, subsequent employment, promotions, reassignments, horizontal transfers, and reduction-in-force situations. “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 connected disability 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 served in the Armed Forces of United States on active duty, for reasons other than training, who died for service-related reasons during peacetime. “"Eligible member of the National Guard” refers to (i) A resident of North Carolina who is a current member in good standing of either the North Carolina Army National Guard or the North Carolina Air National Guard; (ii) A resident of North Carolina who is a former member of either the North Carolina Army National Guard or the North Carolina Air National Guard, who discharge is under honorable conditions with a minimum of six years of creditable service; (iii) the surviving spouse and dependent of a member of the North Carolina Army National Guard or the North Carolina Air National Guard who dies on State active duty either directly or indirectly as a result of that service; (iv) the surviving spouse or dependent of a member of the North Carolina National Guard 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. To claim National Guard preference, current members of the National Guard who are in good standing of either the NC Army National Guard or NC Air National Guard shall submit a copy of the NGB 23A (RPAS), Former members of either the NC Army National Guard or the NC Air National Guard, with honorable discharge and six years of creditable service shall submit a copy of the DD 256 or NGB 22 and must meet the minimum education and experience requirements for the position sought.
For initial employment or subsequent employment, the eligible veteran or eligible member of the National Guard 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.
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.