OFFICE OF THE GENERAL COUNSEL
Division of Operations-Management

To: All Regional Directors, Officers-in-Charge, and Resident Officers

From: Richard A. Siegel, Associate General Counsel

Subject: Federal Career Intern Field Examiner Program

Executive Order 13162 signed on July 6, 2000, established the Federal Career Intern Program as a recruitment method for federal agencies to attract exceptional candidates who wish to pursue a professional or administrative career in the federal service. This memorandum is to outline the policies and procedures for the Federal Career Intern Program for the Field Examiner position in the National Labor Relations Board's Regional Offices. This program, in conjunction with other recruitment methods, will assist the Agency in attracting and recruiting outstanding Field Examiner candidates. In utilizing the Federal Career Intern Program to hire Field Examiners, Regions must engage in broad-based recruitment efforts to ensure a diverse pool of highly qualified applicants.

This program will be used to fill Field Examiner positions at the GS-7 and 9 grade levels in conjunction with other methods to secure candidates. Since Field Examiner applicants at the GS-7 level are subject to the terms of the Luevano Consent Decree, these applicants are still required to take the Administrative Careers With America (ACWA) examination in order to qualify for consideration. Because of the additional requirements of this decree, the Federal Career Intern Program is implemented only at the GS-9 level for the Field Examiner position at this time. Once the Agency determines how best to satisfy the requirements of the decree, this program will be expanded to include the GS-7 level Field Examiner position; this will be completed within the next four months.

This memorandum should be read in conjunction with Attachment B which describes the program in some detail. Individuals hired as GS-9 Field Examiners under this program are given two-year non-competitive appointments at the end of which they may be eligible for non-competitive conversion to a career or career-conditional appointment at the GS-12 level. While merit principles and veterans preference continue to apply to selections for this program, there is no need to post for the position. The rating and ranking and selection process is all accomplished in-house.

Since the rating and ranking process will be conducted in the Regional Offices, each Regional Director must designate a supervisor or manager as the Region's "subject matter expert" on the Field Examiner position who will not only be responsible for qualifying applicants for the GS-9 Field Examiner position but also be responsible for rating and ranking the applicants in the selection process. In order to carry out these functions, this individual must be conversant with the qualification requirements for the Field Examiner position (Attachment A) and the requirements of Interim APC 01-03 (Attachment B). Please advise your AGC or Deputy of the name of the Region's designated subject matter expert.

Every open Field Examiner application in the Region must be considered when selecting a Federal Career Intern. Accordingly, Regional Offices should not be holding any Field Examiner applications except from those applicants who are to be considered under this program. If a Region does not have any hire authorization, these applications should be forwarded to the Division of Operations-Management for consideration for hire in other offices. However, if the Region does have hire authorization and wishes to consider these applicants under the Federal Career Intern Program, the Region's subject matter expert should first determine whether the applicants meet the qualification requirements for the GS-9 Field Examiner position. There is no minimum number of applicants that must be considered in the selection process. Once it is determined that the applicants are eligible, they should be evaluated against the Agency quality ranking factors for the Field Examiner position as outlined in Attachment C. The subject matter expert must determine whether an applicant is Best-Qualified, Well-Qualified, or Qualified for the GS-9 Field Examiner position and must place the applicant in the appropriate group. The groups are more fully described in Attachment B. If an applicant is a veteran preference eligible or otherwise entitled to priority consideration[1], the applicant must be coded appropriately and placed at the top of his or her respective group. The applicants will be referred to the Regional Director in groups as Best-Qualified, Well-Qualified, or Qualified. Within each group there will be no ranking of applicants other than those who are entitled to veterans preference or priority consideration being placed at the top of their respective groups.

The Regional Director may select an applicant from any of the three groups. It is not mandatory that the selection be made from the Best-Qualified group; however, it is more than likely that most selection recommendations will be made from the Best-Qualified group. It is possible for the Regional Director to recommend an applicant for selection from the Well-Qualified or Qualified list even though there may be candidates in the Best-Qualified group. However, a selection may not be made from lower group categories if there are preference eligibles in a higher group. Selection of a non-preference eligible over a preference eligible requires prior approval from Personnel. A written justification in support of not selecting a veteran will be reviewed by Personnel in order to determine whether to grant or deny the request.

The Region's recommendation for selection for the Federal Career Intern Program should be forwarded to your AGC or Deputy with all supporting documentation for the selection. Once the selection has been approved by the General Counsel, the Region will be advised and should then contact the applicant to make a verbal offer of employment under the Federal Career Intern Program. If the applicant accepts, Attachment E should be sent to the applicant confirming the verbal offer and acceptance with the appropriate security forms and other required documents.

The Field Examiner Federal Career Intern will receive a two-year non-competitive appointment as a GS-9 Field Examiner during which the intern will be eligible for career-ladder promotions depending upon his or her development. Attachment D is a sample training plan for the intern. At the end of the two-year period, a determination must be made whether to convert the intern to a career or career-conditional appointment in the NLRB. If the intern is not converted, the Federal Career Intern appointment terminates and the intern is separated from the NLRB. However, if the intern is a NLRB employee who held a career or career-conditional appointment with the NLRB immediately prior to entering the Career Intern Program but fails to complete the program for reasons unrelated to misconduct or suitability, he or she will be placed in a career or career-conditional position in the NLRB at a grade or pay no lower than the one the employee left to accept the position in the Career Intern Program.

With the establishment of the Federal Career Intern Program for the Field Examiner position in the Regional Offices, an invaluable tool for hiring Field Examiners is now available to the Agency. Each Regional Office is encouraged to make wise use of this program to recruit and hire the best applicants to fill the Field Examiner vacancies within the Agency. Please also review the Memorandum of Understanding the Agency and the NLRBU (Attachment F) have negotiated regarding the status of Federal Career Interns during their internship. The availability of the Federal Career Intern Program should not discourage our continued and increased utilization of the co-op program to test and qualify potential Field Examiner candidates. In addition, the posting procedures remain available and should be utilized, if necessary, to broaden the applicant pool.

If there should be any questions regarding this program, please contact your AGC, Deputy, or myself.

/s/
R. A. S.

cc: NLRBU

Attachments

MEMORANDUM OM 01-59

FORM NLRB-4896 (2-74)

NATIONAL LABOR RELATIONS BOARD
WASHINGTON D.C. APC

ADMINISTRATIVE POLICY CIRCULAR

To: The Board, General Counsel Division Heads, Regional Directors and Officers-In-Charge

Date:

Subject: Interim Federal Career Intern Program for NLRB (Field Offices Only)

1. Purpose: To establish policies and procedures concerning the operation of the National Labor Relations Board's (NLRB) Federal Career Intern Program. This program will be used in conjunction with other recruitment methods to assist in recruiting and attracting exceptional candidates who have a variety of experience, academic disciplines or competencies necessary for the effective analysis and execution of public programs.

2. Effective Date: This program is effective upon issuance.

3. References:

a. Executive Order 13162 signed by President Clinton, July 6, 2000.

b. 5 CFR Parts 213, 302 and 315

4. Policy: It is the policy of the National Labor Relations Board (NLRB) to use the Federal Career Intern Program as a supplement to other sources in recruiting and attracting exceptional candidates from within and outside the Agency for selected positions who have a variety of experience, academic disciplines or competencies necessary for appointment to internships for the selected positions.

5. Coverage: The program is intended to be used for grades GS-5, 7 and 9 professional or administrative (2-grade interval) positions. For those positions, generally at the GS-5 and 7 levels, subject to the Luevano Decree, the NLRB will be required to use those assessment tools permitted under the Decree.

6. Agency Responsibilities: The Personnel Branch, working in conjunction with appropriate Agency managers, will determine the appropriate use of the Career Intern Program as one of the Agency's recruitment tools to attract and train individuals in specific occupational series, grades and geographical areas.

Attachment B

The Agency will ensure that the program is developed, implemented, and maintained in accordance with the merit system principles.

Accordingly,

The Director of Administration is responsible for the development and administration of the Agency's Federal Career Internship Program and for overall planning, direction and evaluation of the Program.

Operating office(s) are responsible for reviewing the Agency's Career Intern Program and making recommendations to the appropriate Division level to request approval to participate in the Program. After approval, the operating office is responsible for recruitment, reviewing qualifications, seeking budget and personnel approval, preparing the necessary paperwork, e.g., SF-52, developing individual career development plans, etc.

The Personnel Branch, Personnel Operations Section is responsible for assisting managers in recruiting for interns, making the final determination as to eligibility, qualifications, grade level and effective date of appointment for selected interns. In addition, Personnel is responsible for granting extensions, up to 120 days, to the 2-year internship period, and reviewing and acting upon requests from selecting officials to passover a veterans preference eligible. All such requests will be addressed in a timely manner.

7. Qualifications: Candidates will be evaluated using OPM qualification requirements as recorded in OPM's Qualification Standards Handbook. Candidates will be further evaluated by use of Agency quality ranking factors and/or other evaluative measures to determine their designation as Best-Qualified, Well-Qualified and Qualified. After the aforementioned designation has been determined, candidates will receive appropriate consideration for veterans preference and/or priority consideration. Candidates will be referred without ranking; however, they will be placed on the appropriate list, e.g. Best-Qualified, Well-Qualified, and Qualified in order of their preference. For example, veterans will be placed at the top of their category with the proper veterans' preference codes, e.g., CPS - 10-point compensable preference based on a service-connected disability of 30% or more; CP - 10-point compensable preference based on a service-connected disability of 10% or more; TP - 5-point preference. A selection of a non-preference eligible over a preference eligible in the same or higher category will require prior approval from Personnel. The manager will provide Personnel with a written justification to support the nonselection of the veteran. Personnel will review and make a determination as to the granting or denial of such a request.

8. Recruitment: Participants selected for the program may be recruited from within the Agency as well as from a variety of sources outside the Agency, e.g., professional organizations, various colleges and/or other institutions of higher education, referrals etc. There is no requirement to publish, such as a notice of vacancy announcement (posting), opportunities under the Federal Career Intern Program. However, upon the request of an operating office the Personnel Operations Section will issue a posting to assist in recruitment.

9. Candidates Evaluation: The rating of candidates are to be done by a subject matter expert (SME) and/or a personnel management specialist (PMS). The SME can not be a selecting official. Where there is more than one (1) candidate being considered, all applications and evaluations must be submitted to the Personnel Operations Section for review prior to appointment.

10. Selection: Selection will be from among those candidates who meet the qualification requirements and are deemed to be qualified within specified categories. Such categories will include Best-Qualified, Well-Qualified and Qualified. Candidates identified as veterans preference eligible will receive first consideration within their group designation. In addition, selection(s) may not be made from lower group categories if there are preference eligibles in a higher group. For example, if there is a veteran preference eligible in the Best-Qualified group, a selection of a non-preference may not be made from the Well-Qualified group without approval from the Personnel Operations Section. As previously mentioned, requests for passing over a preference eligible must be submitted in writing to Personnel for action.

11. Appointments: Appointments made under the Federal Career Intern Program may not exceed two (2) years. However, the NLRB may request, in writing, to OPM approval to extend internships for up to one (1) additional year for additional training and/or developmental activities. Agencies are delegated authority to extend, without OPM approval, two (2) year internships for up to an additional 120 days to cover rare or unusual circumstances. Such requests must be submitted in writing to the Personnel Operations Section for review and approval.

12. Career Development: During the internship period, the NLRB will design and provide career interns with formal training and developmental opportunities to acquire the appropriate agency-identified competencies needed for conversion. The Personnel Operations Section will assist the appropriate management representatives in developing specific training programs relevant to the position(s) being filled. Such training and/or developmental opportunities may include on-the-job experience, mentoring with more senior employees in the same or related field; rotational assignments, attendance at Agency sponsored conferences and seminars and personalized training courses, as appropriate.

13. Promotions: During the internship period, participants in the program will receive promotions, in accordance with the established career-ladder, qualifications, and performance and development requirements. This provision does not confer entitlement to promotion.

14. Conversion To Competitive Service: Except as provided in paragraph (b) below, service as an intern shall confer no rights to further Federal employment in either the competitive or excepted service upon the expiration of the internship period.

(a). Appointment in the competitive civil service may be granted to career interns who successfully complete their internships and meet all qualifications, suitability and performance requirements. These noncompetitive conversions will be effective on the date the 2-year service requirement is met or at the end of the extended period. No additional probationary period is required of an Intern after conversion.

(b). An employee who held a career or career-conditional appointment in the NLRB immediately before entering the Career Intern Program, and who fails to complete the Career Intern Program for reasons unrelated to misconduct or suitability, shall be placed in a career or career-conditional position in NLRB at a grade or pay no lower than the one the employee left to accept the position in the Career Intern Program.

(c). Service under the Career Intern Program counts toward career tenure in the competitive service, if the career intern is converted to a career-conditional appointment.

15. Terminations: The appointment of a career intern expires at the end of the 2-year internship period, or any granted extensions. NLRB may, with no break in service, convert the intern to a career or career-conditional appointment. If an employee is not converted to a career or career-conditional appointment, the career intern appointment terminates and the intern is separated, unless specifically eligible for placement under paragraph (b) of the above-mentioned Conversion to Competitive Service section.

Gloria Joseph
Director of Administration

Qualification(s) Determination
Labor Management Relations Examiner (FX)
GS-244-9

Listed below are the quality ranking factors that will be used to further evaluate candidates who meet the minimum qualifications for the above position. In addition, each factor will have narrative definitions of experience and/or education to assist in determining the level of qualification(s).

1. Knowledge of the National Labor Relations Board and its mission of administering the National Labor Relations Act, as amended.

Operational Definition: Incumbent must have knowledge of the National Labor Relations Board and its mission of administering the National Labor Relations Act, as amended, in order to serve as a Labor Management Relations Examiner. Incumbent must investigate and negotiate voluntary settlements in assigned "R" cases that have been filed in the Regional Office and may recommend institution of formal action in those cases where settlement has not been effected, or dismissal of those found without merit, where voluntary withdrawal has not been secured. Incumbent will also be given easier "C" cases for initial investigation and will be assigned as a member of a team to participate in the investigation of more complex or priority "C" cases.

Best-Qualified or (High Level): Experience and/or education demonstrates applicant understands and is able to apply the provisions of the National Labor Relations Act, as amended; basic legislation, Agency regulations, Board and Court decisions, etc., relative to the Agency's mission and function. Applicant can also apply the principles of collective bargaining, practices and policies of industrial management and of labor groups, fundamental knowledge of occupational and industrial organizations, and staffing patterns affecting labor management relations. This level normally requires substantial direct experience as a Labor Management Relations Examiner or in a closely related field OR comparable experience.

Well-Qualified or (Above Satisfactory): Experience and/or education demonstrates applicant has some knowledge of the National Labor Relations Act, as amended, basic legislation, Agency regulations, Board and Court decisions, etc., affecting labor management relations. Knowledge which may have been gained as a Labor Management Relations Examiner or in some other non-clerical work that required substantive exposure to labor relations, e.g., working with union representatives or officers, dealing with bargaining unit employees OR comparable experience.

Attachment C

Qualified or (Satisfactory): Experience and/or education demonstrates applicant shows evidence of high potential to understand and be able to apply provisions of the laws, rules, regulations, etc. covering labor management relations. This may be evidenced by ability to successfully apply rules, regulations, etc., in present or past positions OR comparable experience.

2. Ability to gather, analyze, research, and objectively evaluate issues of fact and law in order to develop solutions or make recommendations.

Operational Definition: Incumbent must have the ability to gather, analyze, research, and objectively evaluate issues of fact and law in order to develop solutions or make recommendations. This is as a result of investigating and negotiating voluntary settlements in assigned cases that have been filed in the respective Regional Office under the provisions of the National Labor Relations Act, as amended.

Best-Qualified or (High Level): Experience and/or education demonstrates applicant has successful relevant experience that demonstrates superior analytical abilities, such as fact gathering and researching applicable legal principles, as well as insight and understanding of appropriate applications of law to the facts of a case. Applicant also has extensive experience in preparing and compiling investigative reports and findings, analyzing statistical and analytical information, and determining the merits of opposing positions. Duties require applicant to deal effectively with persons other than co-workers to accomplish tasks, such as gathering or disseminating information; persuasion to take a course of action; defense of policy, concept, idea, or program; or perform advisory services; OR comparable experience.

Well-Qualified or (Above Satisfactory): Experience and/or education demonstrates applicant has successful relevant experience that has equipped the applicant with basic analytical abilities, such as fact gathering and researching applicable principles, as well as a basic understanding of appropriate applications of law to the facts of a case. Experience has provided a basic background in preparing and compiling investigative reports and findings, analyzing statistical and analytical information, and recommending appropriate alternative courses of action or education that has provided a background in analytical processes and reasoning concepts, OR comparable experience.

Qualified or (Satisfactory): Experience and/or education demonstrates applicant's total background demonstrates basic analytical abilities, such as fact gathering and researching applicable legal principles to perform the duties and responsibilities of the position in a successful manner, and indicates limited assignments requiring in-depth analysis of legal and factual issues OR comparable experience.

3. Ability to effectively deal with a diversity of people, some of whom may be indifferent, uncooperative, and/or hostile.

Operational definition: Incumbent of this position must have the ability to deal effectively with a diversity of people, some of whom may be indifferent, uncooperative and/or hostile. Incumbent must also exercise responsible judgement during the course of investigations in assigned cases in approaching witnesses, in pursuing, further leads to secure relevant facts, and in discussing differences with the parties involved; the issues must be presented impartially and objectively. Incumbent must be able to amicably withstand criticism and charges of bias and to persuade voluntary resolution of differences.

Best-Qualified or (High Level): Experience and/or education demonstrates applicant has held more than one position or assignment that afforded opportunities to represent an entity whose purpose was labor relations related. Applicant has past and current work experience that indicates personal interaction with individuals at various levels (e.g., staff, managers, executive, parties to cases, employers, union representatives, and support personnel). Applicant has work experience that required him/her to use discretion, tact, and negotiating skills to achieve cooperation and develop consensus. Applicant uses various techniques to develop effective working relationships and interactions are effective OR comparable experience.

Well-Qualified or (Above Satisfactory): Experience and/or education demonstrates applicant has held at least one position or assignment that afforded opportunities to interact with individuals in outside organizations at various levels regarding information and labor relations, but not as extensive as at the High Level, and evidence that interactions were effective OR comparable experience.

Qualified or (Satisfactory): Experience and/or education demonstrates applicant has some experience interacting with individuals in outside organizations at various levels regarding information and labor relations OR comparable experience.

4. Ability to communicate clearly and concisely, both orally and in writing.

Operational Definition: Incumbent must be able to communicate clearly and concisely, both orally and in writing, in order to interview witnesses of the charging party of unfair labor practices (C cases) or the petitioner and take affidavits, as appropriate, as to their knowledge of allegations. Incumbent must prepare reports on cases to which assigned and recommended subsequent course of action on cases that have not been disposed of by Consent or Stipulated election agreements. Recommendations must be fully supported with detail description of the facts and an analysis of policy and law.

Best-Qualified or (High Level): Experience and/or education demonstrates applicant's work experience reflects ability to communicate orally, legal issues of the National Labor Relations Act, as amended, in a manner which is persuasive and easily understood. Applicant has written documents that require written presentation of legal analysis, such as case decisions, reports of findings and recommendations OR comparable experience.

Well-Qualified or (Above Satisfactory): Experience and/or education demonstrates applicant has some relevant work experience that reflects applicant's ability to analyze facts and issues and to effectively communicate the facts or issues, both orally and in writing. Subject matter is almost totally unrelated to the National Labor Relations Act, as amended, OR comparable experience.

Qualified or (Satisfactory): Experience and/or education demonstrates applicant's total background indicates limited experience requiring the analysis and communication of non-legal or legal matters, both orally or in writing, OR comparable experience.

In order to determine a candidate's level of qualification, you must evaluate their experience and/or education against the quality ranking factors listed above. By using the narrative descriptions, you are to assign a level to each quality ranking factor. Once that is completed, you will assign an overall level of qualification. To assist in this final determination, the following conversion chart is provided:

Best-Qualified or (High Level) - All factors are rated at the Best-Qualified/High Level or all factors are rated at the Best Qualified/High Level except one, which must be at the Well-Qualified/above Satisfactory level.

Well-Qualified or - All factors are rated at the Well (Above Satisfactory) Qualified/Above Satisfactory or higher level or all factors are rated Well-Qualified/Above Satisfactory level except one, which must be rated Qualified/Satisfactory.

Qualified or (Satisfactory) - All factors are rated at the Qualified/Satisfactory level or higher.

TRAINING/DEVELOPMENTAL OPPORTUNITIES
GS-244-9, LMRE (FX)
FEDERAL CAREER INTERN PROGRAM

Candidates selected for the Program will receive training and/or developmental opportunities to assist them in meeting the competencies needed for promotion and/or conversion to the position of Labor Management Relations Examiner (Field Examiner). Listed below are the competencies that need to be met for promotion and conversion. In addition, please find outlined the training and/or development opportunities that will be utilized to meet these competencies. Individual career development plans will be designed to accommodate the various degrees of training needed.

GS-244-11:

Competencies needed at this level requires a practical knowledge of the fundamental principles, policies and practices of field examiner work for application to specific phases of moderately complex, though well-precedented issues and/or problems. In addition, a practical knowledge of basic legal research to locate appropriate and applicable legal precedents, legislature history and legal documentation is required. Also, analytical skill is necessary to analyze basic issues of fact, issues of law, allegations, and alternatives available with relative advantages and disadvantages in order to reach timely and correct conclusions, express decisions clearly and concisely in both written and oral form; and interpersonal relationship skills.

GS-244-12:

In addition to the competencies described for the GS-11 level, assignments at this level require seasoned analytical and diagnostic skill. This requires a broad breadth of approach and intensity to resolve complex or abstract interrelated problems and issues when precedent cases and guidelines are not directly applicable. At this level, the field examiner is also required to demonstrate a comprehensive and in-depth knowledge of case law and theories, principles, practices, laws, administrative decisions and interpretations to resolve problems and situations that are less well defined and where precedent cases and guidelines are not directly applicable.

As previously mentioned, these training and developmental opportunities will be individually designed to meet the training needs of the candidate(s), and will include, but are not limited to, the following:

On-the-job experience; Mentoring with a senior field examiner; Rotational assignments, as appropriate; Attendance at Agency sponsored conferences and seminars; and Other formalized training courses as appropriate.

Attachment D

Sample Letter

Dear:

This will confirm the recent offer of employment contingent upon your passing a Pre-Employment Check (PEC) conducted by the Security Office.

You will be appointed as a Field Examiner, GS-9, Step 1, $_______________ per annum, under this Agency's Federal Career Intern Program for the Field Examiner position in Region ___, ____________, effective ____________, 2001. Your appointment is not to exceed two years from the date you enter on duty at the end of which you may be eligible for non-competitive conversion to a career-conditional appointment at the GS-12 level if you successfully complete the training program. In order to process your application, you will need to complete and return the enclosed OF-306, Declaration for Federal Employment; SF-85P, Questionnaire for Public Trust Positions; SF-85P-S, Supplemental Questionnaire for Selected Positions; and Fair Credit Reporting Act of 1970, as amended. Please contact Office Manager _______________ at ________________ in order to arrange to complete Form INS-9, Employment Eligibility Verification, and have your fingerprints taken. Your appointment is subject to a security investigation that will be conducted during the initial months of your employment.

We look forward to having you join the Agency.

Very truly yours,

Regional Director

Enclosures

cc: District
Carole Coleman

Attachment E

[1] Preference eligibles would include 10-point compensable preference eligibles based on a service-connected disability of 30% or more (CPS), 10-point compensable eligibles based on a service-connected disability of 10% or more (CP), and 5-point preference eligibles (TP).

MEMORANDUM OF UNDERSTANDING
FEDERAL CAREER INTERN PROGRAM
GS-7 and GS-9 FIELD EXAMINER INTERNS

This agreement is between the General Counsel (GC) and the National Labor Relations Board Union (Union) and resolves all issues raised in connection with the implementation, for field offices, of the National Labor Relations Board's Federal Career Intern Program (Program) for GS-7 and GS-9 Field Examiner Interns. In accordance with Interim APC 01-03, dated April 23, 2001, which implements the Program, the GC has determined to utilize the Program as one way of filling Field Examiner positions at the GS-9 level. In addition, the GC will utilize the Program as a way of filling Field Examiner positions at the GS-7 level once an implementation plan is developed. The implementation plan for GS-7 Field Examiner Interns will be completed within 4 months of the date of this Agreement.

1. All GS-7 and GS-9 Field Examiner Interns (Interns) hired pursuant to the Program will be included in the professional bargaining unit represented by the Union.

2. All provisions of the field collective-bargaining agreement will apply to Interns except to the extent inconsistent with applicable law or government-wide rule or regulation.

3. It is specifically understood that the provisions of Article 17 of the professional agreement will apply to Interns during the 2-year internship period.[1] Thus, Interns will have the same contractual rights as all other excepted service employees during the 2-year internship period.

4. An Intern (or the Union acting on his or her behalf) may not challenge, under any article or provision of the professional agreement, any of the following actions:

a. non-conversion to a career or career-conditional appointment at the end of the 2-year internship period; or

b. the Agency's determination to extend, or not extend, the 2-year internship period. [2]

FOR THE GENERAL COUNSEL: FOR THE NLRBU:

/s/
Harry E. Jones

/s/
D. Bruce Hill

Date: April 18, 2001

Date: April 25, 2001

[2] In the event that the Agency does not follow the procedures in Article 17, Section 4 prior to any determination not to extend an internship period beyond 2 years, the Agency will, as allowed by E.O. 13162 and 5 C.F.R. 213.3202, extend the internship period for as long as necessary to comply with the provisions of Article 17, Section 4, but such extension will not exceed 120 days.