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Hiring, promotion, and evaluation technologies

Negotiating Tech: An Inventory of U.S. Union Contract Provisions for the Digital Age

Governance of workplace technology applications

4.2.a Hiring, promotion, and evaluation technologies

Unions have negotiated detailed provisions to govern how employers implement and use digital systems for hiring, promotion, and performance evaluation. In some cases, these procedures originated before such processes were automated—establishing basic rights to fair posting, evaluation, and selection. However, with the rise of digital platforms and algorithmic tools, these protections have taken on new urgency. As employers have increasingly adopted automated tools, these provisions have gained new relevance, particularly where technology has further obscured how decisions are made or reduced opportunities for worker input.

Some agreements establish bargaining requirements prior to the introduction or modification of digital systems, while others outline how job qualifications, competencies, and rating scores and ranking criteria are to be applied. In addition, unions have negotiated provisions that provide access to data outputs, audit rights, and mechanisms for maintaining transparency and due process, such as the ability to review decisions or challenge errors generated by automated tools. A smaller number of agreements address system design directly, including features that support worker access, input, or clarity in the evaluation process.

Provisions in this area fall into five key categories:

HR technology adoption and bargaining requirements

Unions have secured rights to receive advance notice and negotiate before employers adopt or modify automated systems related to hiring, performance management, or promotions. These provisions help ensure that technological changes do not bypass established procedures or diminish employee rights.

Examples:

  • “The [Employer] will provide notice and the opportunity to bargain in accordance with … Mid-Term Bargaining, prior to implementing any automated rating system.” (NTEU-OPM24)
  • “Should the [Employer] propose to establish an electronic system for processing any part of the Performance Management System, the Union will be notified and have an opportunity to bargain in accordance with … the Mid-Term Bargaining [article] of this Agreement. Nothing will be implemented until negotiations are completed.” (AFGE-OPM117)
  • “Prior to implementing an Electronic Performance Management System for bargaining unit employees, the [Employer] will provide the Union with notice and an opportunity to bargain over negotiable aspects of such changes in accordance with Mid-Term Bargaining Article of this CBA. Nothing will be implemented until negotiations are completed. Subjects will include training, computer access, duty time allotted, self-assessment procedures, privacy requirements, employee access to data maintained on themselves, and employee’s right to enter additional personal data into the system.” (AFGE-OPM38)
  • “The City must notify officers, in writing, of the artificial intelligence systems or programs (“Al”) utilized by the City to review or analyze officer data, the specific data collected and analyzed by these systems, and how any analyses may be used.” (PLEA-PCBA110)

Job posting and application procedures

Many agreements establish rules for how vacancies are posted and how employees can access and navigate online application platforms. These provisions aim to preserve transparency and equal opportunity in the digital hiring process.

Examples:

  • “The [Employer] shall post vacant positions in the bargaining unit in accordance with a regular schedule adopted by the [Employer], and the UNION shall have online access to all such postings.” (CTU-AFT-PCBA11)
  • “Vacancy announcements will be open for a minimum of 10 work days. Vacancy announcements will be posted electronically on the same day opened.” (AFGE-OPM123)
  • “All vacancies and new positions in the bargaining unit shall be posted for a minimum period of seven (7) calendar days.… “Posted” or “Postings” may include use of an internet or other computer-based job posting and/or screening system but must include a physical posting in the facility next to the facility’s time clock or another mutually agreeable location that includes the date written on the notice that the posting was posted.” (SEIU-OLMS18)
  • Vacancy announcements will be posted on the Employer’s Intranet/Internet, e.g., the online application platform. These announcements will include details such as: any promotional tests to be used, a summary of qualification requirements, instructions for filing, the contact information (name and phone number) of the personnel specialist or individual available to provide specific assessment criteria and other related information, and the rating and ranking criteria. [Along with several additional requirements, see the contract for a full list]. (AFGE-OPM7)
  • “Every six months, the Diversity Committee shall be provided with information concerning open bargaining unit positions for which the Company is seeking external candidates and a list of places where said open positions are posted, circulated or otherwise disseminated (e.g., websites, listservs, social media groups).” (WGAE-PCBA42)
  • The Employer is responsible for providing relevant information and data in response to inquiries that are not covered by the automated staffing notification system. This includes addressing inquiries from applicants, managers, EEO officials, and other appropriate parties. Additionally, application procedures will be outlined in the instructions provided for the automated application system and merit promotion vacancy announcements. (AFGE-OPM96)
  • “Management will afford bargaining unit employees access and instructions so that they may use [Employer’s] personal computers to complete automated applications [in the online application system]. Access includes a reasonable amount of time during an employee’s working hours to prepare or modify his/her application.… The [Employer] will provide appropriate training on how to file for a vacancy and how to complete [the application form].… The [Employer] will continue to make instructional material on the promotional process available to bargaining unit employees.” (AFGE-OPM7)
  • Job application procedures entail manual or automated staffing systems. A “Manual Recruitment System” is used when there are issues with the automated system, such as technical failures or loss of the vendor contract. Unless otherwise specified, candidates are required to submit their applications online through an “Automated Staffing System” by the specified deadline in the vacancy announcement. If an applicant faces a hardship, such as being in a remote location without computer access, they can contact the human resources representative listed in the announcement for assistance and submit their responses manually. The HR Office then can manually input the applicant’s data into the system on the applicant’s behalf. (NTEU-OPM29)
  • “The minimum qualification standards prescribed by [HR] and, in addition, selective placement factors, if any, identified as essential to satisfactory job performance, shall be used to determine basic eligibility of candidates for competitive placement consideration.… The employee’s application must generally demonstrate the accuracy of the minimum qualifications included in the questionnaire or assessment tool.… Applicants shall be notified upon determination of failure to meet minimum qualifications.” (AFGE-OPM39)
  • “The Employer … is responsible for keeping automated staffing systems current so applicants are notified of eligibility/ineligibility, rating determinations, selection/non-selection and applicants who are eligible but not referred for selection consideration.” (AFGE-OPM96)
  • Management will inform applicants of their selection or non-selection via email or verbally. Employees with an account in the online application system and a valid email address will automatically receive an email confirming that they have successfully applied for a position. A Notification of Results (NOR) email will also be sent by the HR Specialist, informing applicants of their eligibility for the position. Additionally, employees will receive a NOR regarding the final status of their referral once the supervisor has returned the referral list, and the selected candidate has been offered and accepted the position. (AFGE-OPM89)

Evaluation criteria and automated rating tools

Contracts often specify how job qualifications, competencies, and applicant responses must be evaluated, particularly when automated tools are involved. These provisions promote fairness and clarity in how candidates are assessed.

Examples:

  • The evaluation methods must include an analysis of the job’s knowledge, skills, and abilities (KSA’s). These KSA’s are used to create weighted rating factors. In an automated staffing system, the job competency factors will be elicited in the form of questions or requests for information that the applicant must answer. A rating plan must be developed by the subject matter expert or human resources representative. A rating threshold score (e.g., 90) is set prior to the close of the vacancy to determine which candidates are considered best-qualified. The Union will be notified if this number changes. Candidates will be ranked according to the rating score assigned by the automated staffing system or panel/SME and referred to the selecting official/panel in alphabetical order. (NTEU-OPM29)
  • Management may use automated systems, such as the internal online platform, to rate applicants based on evaluation criteria or KSAs (Knowledge, Skills, and Abilities). Applicants are ranked in descending order based on their scores, and only those who score at least 50% of the maximum possible score are eligible for further consideration on the Best Qualified List (BQL). The size of the BQL depends on the number of vacancies; for one vacancy, it includes the 15 highest-scoring applicants (plus ties), with an additional 5 applicants added for each extra vacancy. Human Resources will certify the BQL, and the best-qualified applicants are forwarded to the selecting official for consideration. (AFGE-OPM7)
  • All bargaining unit employees will participate in performance plan development and progress reviews, and receive an annual performance rating through USA Performance (USAP), a web-based application designed to facilitate the performance management process. USAP automates the full performance rating cycle, including the development of performance plans, tracking and monitoring of employee performance, providing feedback and ratings, and electronically signing performance plans. In line with government policy, the performance management and appraisal program does not establish a forced distribution of performance rating levels. Once the rating and reviewing officials have determined a final rating, the rating official will discuss and release the approved appraisal rating to the employee through USAP. The employee’s electronic signature indicates that the final rating has been communicated and acknowledges receipt of the rating. HR will process the approved and final rating, and an electronic copy will be available to both the rating official and the employee through USAP. (AFGE-OPM129)
  • “Measuring performance—when statistical data is utilized in order to evaluate employee performance, the procedures that are used must reasonably ensure the accurate evaluation of performance.” (AFGE-OPM72)
  • Promotion criteria used to evaluate candidates must be relevant to the job and consistently applied across all applicants. If tests are part of the selection process for a training or career development program, or for internal placements, they will be applied uniformly for the specific position. The [Employer] will review applications to verify that candidates meet the required qualifications. Automated systems, such as the online application platform, may be used to assess applicants based on the evaluation criteria or Knowledge, Skills, and Abilities (KSAs). The rating process will be applied consistently to all candidates. (AFGE-OPM7)
  • “Human Resources, in conjunction with the appropriate management subject matter expert (SME), conducts a thorough job analysis based on the position description of record, develops specialized experience statements for minimum qualifications determination, identifies critical competencies for the position and develops factors which have a direct relationship between the job content and the final ranking criteria to make consistent, accurate, and merit-based distinctions among candidates using the automated referral system.” (AFGE-OPM123)

HR technology system oversight, validation, audit rights

To ensure the integrity of HR technology systems, many contracts include provisions for human oversight, recordkeeping, and union access to evaluation data. These clauses create a paper trail for decisions and allow for third-party review.

Examples:

  • Applications can be evaluated by a subject matter expert (SME), rating panel, or human resources (HR) representative. When an automated system is used, HR must perform a quality review to ensure applicants’ responses are consistent with their resume and other documentation. Adjustments are only made if discrepancies are found between the applicant’s answer(s) to the automated question(s) and the documentation. (NTEU-OPM29)
  • “All assessment tools for the purpose of rating and ranking, including the occupational questionnaire, will be based on a job analysis, and written in plain language and will not contain government-specific acronyms or terminology.… The assessment tools shall be reviewed to ensure the following: qualifications are properly assessed; competencies and tasks are job-relevant; and criteria and rating scales reflect the major duties in the position description. Assessment tools shall make meaningful distinctions among applicants.… All qualified candidates shall be rated and ranked against the criteria in an assessment tool and the top 10 candidates will be validated by a Human Resources Specialist or merit staffing Candidate Evaluation panel.” (AFGE-OPM39)
  • “Applicants will be required to submit a resume for processing into an automated database.… All resumes received, accepted and verified will be stored in the database.… Placement records will be subject to review by internal evaluation methods and by higher authority. Records and other applicable regulations used to document placement actions will be maintained for a minimum of three years. Sufficient documentation will be available within the placement records to provide a clear audit trail and permit a complete reconstruction of any action under this plan.” (AFGE-OPM96)
  • Qualified applicants will be assessed and ranked on the Best Qualified List (BQL) based on their responses to the occupational questionnaire within the online application platform. All scoring to determine placement on the BQL will be done by technology. The selecting official may consider all available data, such as awards and performance appraisals, when determining candidates for promotion. If the selecting official gathers any written information about an applicant from other sources, it must be included in the promotion package. Employees may request specific information regarding vacancies filled through competitive selection processes. This includes details such as: 1) whether the employee was eligible and qualified for the position; 2) how their score was calculated; 3) the cutoff score for the Best Qualified List (BQL) and whether they were included on it; and 4) the names of the selected candidates. The Union has the right to audit selection processes if discrepancies are suspected or upon an employee’s request. The responsible official must provide all relevant records (electronically or in hard copy) to the Union auditor within 20 working days of receiving a written request. These records include vacancy announcements, training and award information, applications, questionnaires, employee responses to the questionnaires, the final overall score, the name of the selecting official, declination notices, information in the promotion package, and selection certificates. If an error leading to the exclusion of an employee from the well-qualified group is identified, priority consideration for future vacancies will be granted. (AFGE-OPM7)

HR technology data access, problem resolution, and accountability 

Unions have negotiated avenues for employees to receive feedback, challenge outcomes, and resolve technology-related issues—especially when errors, auto-rejections, or incomplete data impact hiring or promotion outcomes. In some cases, unions have also secured access to system data outputs, enabling them to monitor patterns, support contract enforcement, and strengthen oversight of digital decision-making processes.

Examples:

  • Upon request, employees will be provided with the reasons for their non-selection. The Union shall have access to information on the Merit Promotion Certificate not restricted by law, government-wide regulations, or the Privacy Act. Additionally, upon request, the Union will receive a list of individuals selected, reassigned, or promoted through competitive procedures from the previous quarter. The Merit Promotion case file will be retained for at least three years, or longer if a grievance or complaint is pending. Upon request, Union and Employer representatives shall review closed vacancy case files related to bargaining unit employee positions. The Union is entitled to relevant information for representing employees. Reviews shall take place within ten days of a formal Union request. If a violation of the competitive placement procedures outlined in this Agreement is officially confirmed, the Department will act swiftly to rectify the situation. The specific corrective actions taken will depend on the facts of the case, ensuring fairness and legal rights for all parties, while also considering the Government’s interests. (AFGE-OPM39)
  • After being officially notified of a selection, an applicant may request certain information in writing from HR within five workdays. The written response will include whether the applicant was in the group from which the selection was made, areas for improvement to enhance future chances (which may come from the Selecting Official), and details on the evaluation factors, weighted points and the procedures used to determine cut-off and final scores and the list relied upon in the evaluation and selection process. Additionally, the Union president or a designee, who is not an applicant, may request to review rating and ranking records for employees with specific written complaints. This request must be made within 10 workdays after receiving the ratings. With written employee permission, the Union’s designee can also access the employee’s electronic Official Personnel Folder (eOPF), with assistance from a staffing specialist who can answer technical procedural questions. (AFGE-OPM123)
  • “Once each month, the Medical Center agrees to provide the Union with a report from its HRIS [HR information system] database showing new hires, assigned shift, separations, job positions, and employees who are on leaves of absence.” (SEIU-OLMS88)
  • “[The Employer] will provide the Diversity Committee with an annual report including self-reported demographic data for candidates interviewed and hired for all bargaining unit jobs in an aggregated and anonymized form, consistent with data security, privacy and employment laws, and more frequently as requested (but in any event no more frequently than quarterly).” (WGAE-PCBA76)
  • “The parties agree that it is in their mutual best interest to resolve continuing issues with posting and bidding which have developed through the implementation of computerized bidding through the [HR Service Center]. To further this effort, the parties agree to meet at the Headquarters Level within ninety (90) days after the signing of this Agreement to discuss these matters and explore opportunities for resolution. The parties will continue to meet as necessary to discuss issues and to improve communication.” (APWU-PCBA14)
  • To address the issue of auto-rejected candidates in the hiring process, the parties have agreed to several steps. Starting October 1, 2023, Labor will inform their members about a Step-by-Step Guide for completing applications to reduce auto-rejections. Once the information is shared with members, labor and management will form a Triage team. This team will review cases where internal candidates believe they were auto-rejected in error. The team will consist of management and labor representatives. Labor representatives will assist candidates by verifying and submitting a form to the management team to investigate why the auto-rejection occurred (e.g., user error, incomplete information, or system error). Bi-monthly, Labor and Management workforce planning representatives will meet to capture and review auto-rejection data, reporting it quarterly to the joint labor management committee, which will then determine the next steps to address any systemic issues based on the data. (CKPU-PCBA31)
  • “Employees may add comments and supporting documentation to their official performance ratings. The new electronic version of the [evaluation program] currently does not provide a designated space for Employee comments or documentation. Resolution: Employees will be allowed to provide comments and documentation to their rating official at any time during the appraisal process. The rating official will input a reasonable amount of the information provided by the Employee. If the employee requests that an excessive amount of information be entered in the electronic form or the form is unable to accommodate all information provided it will be added to the hardcopy version forwarded to Human Resources.” (NFFE-OPM119)

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4.2.b Payroll and time and attendance management systems