5 CFR 297.204: Access by the representative of the data subject.
A record may be disclosed to a representative of the individual to whom the record pertains after the system manager receives written authorization from the individual who is the subject of the record.
5 CFR 315.804: Termination of probationers for unsatisfactory performance or conduct.
(a) When an agency decides to terminate an employee serving a probationary or trial period because his work performance or conduct during this period fails to demonstrate his fitness or his qualifications for continued employment, it shall terminate his services by notifying him in writing as to why he is being separated and the effective date of the action. The information in the notice as to why the employee is being terminated shall, as a minimum, consist of the agency's conclusions as to the inadequacies of his performance or conduct.
(b) Probation ends when the employee completes his or her scheduled tour of duty on the day before the anniversary date of the employee's appointment. For example, when the last workday is a Friday and the anniversary date is the following Monday, the probationer must be separated before the end of the tour of duty on Friday since Friday would be the last day the employee actually has to demonstrate fitness for further employment.
[33 FR 12418, Sept. 4, 1988, as amended at 60 FR 53505, Oct. 16, 1995]
5 CFR 315.805: Termination of probationers for conditions arising before appointment.
When an agency proposes to terminate an employee serving a probationary or trial period for reasons based in whole or in part on conditions arising before his appointment, the employee is entitled to the following:
(a) Notice of proposed adverse action. The employee is entitled to an advance written notice stating the reasons, specifically and in detail, for the proposed action.
(b) Employee's answer. The employee is entitled to a reasonable time for filing a written answer to the notice of proposed adverse action and for furnishing affidavits in support of his answer. If the employee answers, the agency shall consider the answer in reaching its decision.
(c) Notice of adverse decision. The employee is entitled to be notified of the agency's decision at the earliest practicable date. The agency shall deliver the decision to the employee at or before the time the action will be made effective. The notice shall be in writing, inform the employee of the reasons for the action, inform the employee of his right of appeal to the Merit Systems Protection Board (MSPB), and inform him of the time limit within which the appeal must be submitted as provided in Sec. 315.806(d).
5 CFR 315.806: Appeal rights to the Merit Systems Protection Board.
(a) Right of appeal. An employee may appeal to the Merit Systems Protection Board in writing an agency's decision to terminate him under Sec. 315.804 or Sec. 315.805 only as provided in paragraphs (b) and (c) of this section. The Merit Systems Protection Board review is [[Page 166]] confined to the issues stated in paragraphs (b) and (c) of this section.
(b) On discrimination. An employee may appeal under this paragraph a termination not required by statute which he or she alleges was based on partisan political reasons or marital status.
(c) On improper procedure. A probationer whose termination is subject to Sec. 315.805 may appeal on the ground that his termination was not effected in accordance with the procedural requirements of that section.
(d) An employee may apeal to the Board under this section a termination which the employee alleges was based on discrimination because of race, color, religion, sex, or national origin; or age (provided that at the time of the alleged discriminatory action the employee was at least 40 years of age); or handicapping condition if the individual meets the definition of ``handicapped person'' as set forth in regulations of the Equal Employment Opportunity Commission at 29 CFR 1613.702(a). An appeal alleging a discriminatory termination may be filed under this subsection only if such discrimination is raised in addition to one of the issues stated in paragraph (b) or (c) of this section.
[33 FR 12418, Sept. 4, 1968, as amended at 40 FR 15380, Apr. 7, 1975; 44 FR 48951, Aug. 21, 1979; 55 FR 29339, July 19, 1990]
5 CFR 330: RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
5 CFR 335: PROMOTION AND INTERNAL PLACEMENT
5 CFR 337: OPM - EXAMINING SYSTEM (Rating applicants.
, Evaluating qualifications for employees who are in a retained grade.)
5 CFR 337, subpart B: (not found)
5 CFR 337.204(b): (not found)
5 CFR 337.205(b): (not found)
5 CFR 339: MEDICAL QUALIFICATION DETERMINATIONS
5 CFR 339, subpart C: Medical Examinations (sections 301-306, authorities to require and offer exams, procedures, payment, records, processing elegibility determinations)
5 CFR 339.104: (definitions, including): Medical documentation or documentation of a medical condition means a statement from a licensed physician or oher appropriate practitioner which provides information the agency considers necessary to enable it to make a employment decision. To be acceptable, the diagnosis or clinical impression must be justified according to established diagnostic criteria and the conclusions and recommendations must not be inconsistent with generally accepted professional standards. The determination that the diagnosis meets these criteria is made by or in coordination with a physician or, if appropriate, a practitioner of the same discipline as the one who issued the statement. An acceptable diagnosis must include the following information, or parts identified by the agency as necessary and relevant:
(a) The history of the medical conditions, including references to findings from previous examinations, treatment, and responses to treatment;
(b) Clinical findings from the most recent medical evaluation, including any of the following which have been obtained: Findings of physical examination; results of laboratory tests; X-rays; EKG's and other special evaluations or diagnostic procedures; and, in [[Page 235]] the case of psychiatric evaluation of psychological assessment, the findings of a mental status examination and the results of psychological tests, if appropriate;
(c) Diagnosis, including the current clinical status;
(d) Prognosis, including plans for future treatment and an estimate of the expected date of full or partial recovery;
(e) An explanation of the impact of the medical condition on overall health and activities, including the basis for any conclusion that restrictions or accommodations are or are not warranted, and where they are warranted, an explanation of their therapeutic of risk avoiding value;
(f) An explanation of the medical basis for any conclusion which indicates the likelihood that the individual is or is not expected to suffer sudden or subtle incapacitation by carrying out, with or without accommodation, the tasks or duties of a specific position;
(g) Narrative explanation of the medical basis for any conclusion that the medical condition has or has not become static or well stabilized and the likelihood that the individual may experience sudden or subtle incapacitation as a result of the medical condition. In this context, ``static or well-stabilized medical condition'' means a medical condition which is not likely to change as a consequence of the natural progression of the condition, specifically as a result of the normal aging process, or in response to the work environment or the work itself. ``Subtle incapacitation'' means gradual, initially imperceptible impairment of physical or mental function whether reversible or not which is likely to result in performance or conduct deficiencies. ``Sudden incapacitation'' means abrupt onset of loss of control of physical or mental function.
5 CFR 351: OPM: REDUCTION IN FORCE
5 CFR 351, subpart C: Transfer of Function, sections 301 (Applicability), 302 (Transfer of Employees), 303 (Identification of positions with a transferring function)
5 CFR 351.503:OPM - RIF - Length of service.
5 CFR 351.504(c) and (d):
(c) Missing ratings. Additional retention service credit for employees who do not have three actual ratings of record during the 4- year period prior to the date of issuance of reduction in force notices or the 4-year period prior to the agency-established cutoff date for ratings of record permitted in paragraph (b)(2) of this section shall be determined under paragraphs (d) or (e) of this section, as appropriate, and as follows:
(1) An employee who has not received any rating of record during the 4-year period shall receive credit for performance based on the modal rating for the summary level pattern that applies to the employee's official position of record at the time of the reduction in force.
(2) An employee who has received at least one but fewer than three previous ratings of record during the 4-year period shall receive credit for performance on the basis of the value of the actual rating(s) of record divided by the number of actual ratings received. If an employee has received only two actual ratings of record during the period, the value of the ratings is added together and divided by two (and rounded in the case of a fraction to the next higher whole number) to determine the amount of additional retention service credit. If an employee has received only one actual rating of record during the period, its value is the amount of additional retention service credit provided.
(d) Single rating pattern. If all employees in a reduction in force competitive area have received ratings of record under a single pattern of summary levels as set forth in Sec. 430.208(d) of this chapter, the additional retention service credit provided to employees shall be expressed in additional years of service and shall consist of the mathematical average (rounded in the case of a fraction to the next higher whole number) of the employee's applicable ratings of record, under paragraphs (b)(1) and (c) of this section computed on the following basis:
(1) Twenty additional years of service for each rating of record with a Level 5 (Outstanding or equivalent) summary;
(2) Sixteen additional years of service for each rating of record with a Level 4 summary; and
(3) Twelve additional years of service for each rating of record with a Level 3 (Fully Successful or equivalent) summary.
5 CFR 351.505: OPM - RIF - Records.
5 CFR 351.506: OPM - RIF - Retention standing - Effective date of retention standing.
Except for applying the performance factor as provided in Sec. 351.504:
(a) The retention standing of each employee released from a competitive level in the order prescribed in Sec. 351.601 is determined as of the date the employee is so released.
(b) The retention standing of each employee retained in a competitive level as an exception under Sec. 351.606(b), Sec. 351.607, or Sec. 351.608, is determined as of the date the employee would have been released had the exception not been used. The retention standing of each employee retained under any of these provisions remains fixed until completion of the reduction in force action which resulted in the temporary retention.
(c) When an agency discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction-in-force action to accord with the employee's proper retention standing as of the effective date established by this section.
[51 FR 319, Jan. 3, 1986, as amended at 60 FR 3063, Jan. 13, 1995; 62 FR 10682, Mar. 10, 1997]
5 CFR 351.604: OPM - RIF - Release from competitive level - Use of furlough.
(a) An agency may furlough a competing employee only when it intends within 1 year to recall the employee to duty in the position from which furloughed.
(b) An agency may not separate a competing employee under this part while an employee with lower retention standing in the same competitive level is on furlough.
(c) An agency may not furlough a competing employee for more than 1 year.
(d) When an agency recalls employees to duty in the competitive level from which furloughed, it shall recall them in the order of their retention standing, beginning with highest standing employee.
5 CFR 351.606: OPM - RIF - Mandatory Exceptions
5 CFR 351.607: OPM - RIF - Permissive continuing exceptions. An agency may make exception to the order of release in Sec. 351.601 and to the action provisions of Sec. 351.603 when needed to retain an employee on duties that cannot be taken over within 90 days and without undue interruption to the activity by an employee with higher retention standing. The agency shall notify in writing each higher-standing employee reached for release from the same competitive level of the reasons for the exception.
5 CFR 351.608: OPM - RIF - Permissive temporary exceptions.
5 CFR 351.702: OPM - RIF - Qualifications for assignment.
5 CFR 351.901: OPM - RIF - Appeals. An employee who has been furloughed for more than 30 days, separated, or demoted by a reduction in force action may appeal to the Merit Systems Protection Board. [52 FR 46051, Dec. 4, 1987]
5 CFR 353: RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY
5 CFR 353.102: General Proisions - Definitions
5 CFR 430.202(d): Agency requests for exclusions. Heads of agencies or their designees may request the Director of OPM to exclude positions in the excepted service. The request must be in writing, explaining why the exclusion would be in the interest of good administration.
5 CFR 531.603: Locality pay areas.
5 CFR 550, subpart H: PAY ADMINISTRATION (GENERAL)
, sections 801-808: Applicability, Coverage, Definitions, Determining entitlement to back pay, Back pay computations, Interest computations, Payment of reasonable attorney fees, Prohibition against setting aside proper promotions.
5 CFR 731: OPM: SUITABILITY
5 CFR 831.1205: Disability Retirement - Agency-filed disability retirement applications.
5 CFR 844.202: Applications for Disability Retirement - Agency-filed disability retirement applications.
5 CFR 9901: (not found, NSPS, when implemented)
5 CFR 9901, subpart H: (not found, NSPS, when implemented - Appeals)
5 USC 11: OFFICE OF PERSONNEL MANAGEMENT
5 USC 12, subchapters II (OFFICE OF SPECIAL COUNSEL) and III (INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES)
5 USC 31: AUTHORITY FOR EMPLOYMENT
5 USC 31, subchapter II: THE SENIOR EXECUTIVE SERVICE
5 USC 33: EXAMINATION, SELECTION, AND PLACEMENT
5 USC 35: RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT
5 USC 43: PERFORMANCE APPRAISAL
5 USC 45: INCENTIVE AWARDS
5 USC 51: CLASSIFICATION
5 USC 53: PAY RATES AND SYSTEMS
5 USC 53, subchapter III: GENERAL SCHEDULE PAY RATES
5 USC 53, subchapter IV: PREVAILING RATE SYSTEMS
5 USC 53, subchapter VI: GRADE AND PAY RETENTION
5 USC 53, subchapter VIII: PAY FOR THE SENIOR EXECUTIVE SERVICE
5 USC 55: PAY ADMINISTRATION
5 USC 55, subchapter V: PREMIUM PAY (except section
5545b: Pay for firefighters)
5 USC 59: ALLOWANCES
5 USC 59, subchapter III: OVERSEAS DIFFERENTIALS AND ALLOWANCES
5 USC 71: LABOR-MANAGEMENT RELATIONS
5 USC 73, subchapter III: SUITABILITY, SECURITY, and CONDUCT - POLITICAL ACTIVITIES
5 USC 75: ADVERSE ACTIONS
5 USC 77: APPEALS
5 USC 83: RETIREMENT
5 USC 84: FEDERAL EMPLOYEES’ RETIREMENT SYSTEM
5 USC 87: LIFE INSURANCE
5 USC 552: ADMINISTRATIVE PROCEDURE - Public information; agency rules, opinions, orders, records, and proceedings (Freedom of Information)
5 USC 552a: Records maintained on individuals (Privacy)
5 USC 553: Rule making
5 USC 801:
5 USC 1214(a)(1): MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION - Investigation of prohibited personnel practices; corrective action
5 USC 1215: Disciplinary action
5 USC 1215(a)(3): A final order of the Board may impose disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000.
5 USC 1221(c): Individual right of action in certain reprisal cases - ...
(1) Any employee, former employee, or applicant for employment seeking corrective action under subsection (a) may request that the Board order a stay of the personnel action involved.
(2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that such a stay would be appropriate.
(A) The Board shall allow any agency which would be subject to a stay under this subsection to comment to the Board on such stay request.
(B) Except as provided in subparagraph (C), a stay granted under this subsection shall remain in effect for such period as the Board determines to be appropriate.
(C) The Board may modify or dissolve a stay under this subsection at any time, if the Board determines that such a modification or dissolution is appropriate.
5 USC 1302(c): SPECIAL AUTHORITY - Regulations - (c) The Office shall prescribe regulations for the administration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia.
5 USC 2105: EMPLOYEES - GENERAL PROVISIONS - DEFINITIONS - Employee is ...
5 USC 2301: MERIT SYSTEM PRINCIPLES
5 USC 2302: (not found)
5 USC 2302(b): (not found)
5 USC 2302(b)(1): (not found)
5 USC 2302(b)(11): (not found)
5 USC 3104: EMPLOYMENT AUTHORITIES - Employment of specially qualified scientific and professional personnel:
(a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes (including procedures under which the prior approval of the Director may be required), by agency action.
(b) The provisions of subsection (a) of this section shall not apply to any Senior Executive Service position (as defined in section 3132 (a) of this title).
(c) In addition to the number of positions authorized by subsection (a) of this section, the Librarian of Congress may establish, without regard to the second sentence of subsection (a) of this section, not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress which require the services of specially qualified personnel.
5 USC 3132: Definitions and exclusions
5 USC 3132(a)(7): "noncareer appointee" means an individual in a Senior Executive Service position who is not a career appointee, a limited term appointee, or a limited emergency appointee;
5 USC 3133: Authorization of positions; authority for appointment
5 USC 3301: THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
5 USC 3302: EXAMINATION, CERTIFICATION, AND APPOINTMENT - Competitive service; rules:
The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for-
(1) necessary exceptions of positions from the competitive service; and
(2) necessary exceptions from the provisions of sections 2951, 3304 (a), 3321, 7202, and 7203 of this title.
Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.
5 USC 3304: Employment and Retention - Examination, Selection, and Placement - Examination, Certification and Appointment - Competitive service; examinations:
5 USC 3304(a)(3)
5 USC 3304(a)(3)(A)
(a) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for-
(1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought;
(2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy; and
(3) authority for agencies to appoint, without regard to the provision of sections 3309 through 3318 , candidates directly to positions for which-
(A) public notice has been given; and
(B) the Office of Personnel Management has determined that there exists a severe shortage of candidates or there is a critical hiring need.
5 USC 3309: Preference eligibles; examinations; additional points for
5 USC 3310: Preference eligibles; examinations; guards, elevator operators, messengers, and custodians
5 USC 3311: Preference eligibles; examinations; crediting experience
5 USC 3312: Preference eligibles; physical qualifications; waiver
5 USC 3313: Competitive service; registers of eligibles
5 USC 3314: A preference eligible who resigns, on request to the Office of Personnel Management, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title.
5 USC 3315: Registers; preference eligibles furloughed or separated.
(a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an Executive agency, or the government of the District of Columbia.
(b) The Office may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section.
5 USC 3316: Preference eligibles; reinstatement
On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the competitive service, an Executive agency, or the government of the District of Columbia.
5 USC 3317: Competitive service; certification from registers
(a) The Office of Personnel Management shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service.
(b) When an appointing authority, for reasons considered sufficient by the Office, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification.
5 USC 3318 Competitive service; selection from certificates
5 USC 3319: Alternative ranking and selection procedures
5 USC 3320: Excepted service; government of the District of Columbia; selection
The nominating or appointing authority shall select for appointment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by sections 3308-3318 of this title. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.
5 USC 3321: Competitive service; probationary period
5 USC 3324: Appointments to positions classified above GS-15
5 USC 3325: Appointments to scientific and professional positions
(a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management or its designee for this purpose.
(b) This section does not apply to positions established under section 3104 (c) .
5 USC 3327: Civil service employment information
(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.
(b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of-
(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and
(2) the period during which applications will be accepted.
As used in this subsection, “agency” means an agency as defined in section 5102 (a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service.
5 USC 3330: Government-wide list of vacant positions
5 USC 3341: DETAILS, VACANCIES, AND APPOINTMENTS - Details; within Executive or military departments
5 USC 3501: RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT - RETENTION PREFERENCE - Definitions; application
5 USC 3501(a): RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT - RETENTION PREFERENCE - Definitions; application
5 USC 3502: Order of retention
5 USC 3502(a)(A) and (B): Order of Retention...
In computing length of service, a competing employee-
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for-
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under section 3501 (a)(3)(A) , (B), or (C) of this title; and
5 USC 4303: PERFORMANCE APPRAISAL - GENERAL PROVISIONS - Actions based on unacceptable performance
5 USC 4507: INCENTIVE AWARDS - Awarding of ranks in the Senior Executive Service
5 USC 4521-4523: AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES
5 USC 5102(c)(11): Pay and Allowances - Classification - Definitions;Application.
(c) This chapter does not apply to-
(11) aliens or noncitizens of the United States who occupy positions outside the United States;
5 USC 5105: Standards for classification of positions
5 USC 5108: Classification of positions above GS-15
(a) The Office of Personnel Management may, for any Executive agency-
(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and
(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15.
(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
5 USC 5112(b): General authority of the Office of Personnel Management
(b) An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.
5 USC 5304: PAY RATES AND SYSTEMS - PAY COMPARABILITY SYSTEM - Locality-based comparability payments
5 USC 5304(f)(2)(B): PAY RATES AND SYSTEMS - PAY COMPARABILITY SYSTEM
(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers.
5 USC 5305: PAY RATES AND SYSTEMS - PAY COMPARABILITY SYSTEM - Special pay authority
5 USC 5346: PAY RATES AND SYSTEMS - PREVAILING RATE SYSTEMS - Job grading system
5 USC 5346(c): PAY RATES AND SYSTEMS
(c) On application, made in accordance with regulations prescribed by the Office, by a prevailing rate employee for the review of the action of an employing agency in placing his position in an occupation and grade for pay purposes, the Office shall-
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position;
(2) decide whether the position has been placed in the proper occupation and grade; and
(3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in placing the position in an occupation and grade.
The Office shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
5 USC 5376: PAY RATES AND SYSTEMS - MISCELLANEOUS PROVISIONS - Pay for certain senior-level positions
5 USC 5504: Pay and Allowances - PAY ADMINISTRATION - GENERAL PROVISIONS - Biweekly pay periods; computation of pay
5 USC 5505: Pay and Allowances - PAY ADMINISTRATION - GENERAL PROVISIONS - Monthly pay periods; computation of pay
5 USC 5545b: Pay and Allowances - PAY ADMINISTRATION - PREMIUM PAY - Pay for firefighters
5 USC 5595: Pay and Allowances - PAY ADMINISTRATION - SEVERANCE PAY AND BACK PAY - Severance pay
5 USC 5596: Pay and Allowances - PAY ADMINISTRATION - SEVERANCE PAY AND BACK PAY - Back pay due to unjustified personnel action
5 USC 5753: Pay and Allowances - TRAVEL, TRANSPORTATION, AND SUBSISTENCE - Recruitment and relocation bonuses
5 USC 5754: Pay and Allowances - TRAVEL, TRANSPORTATION, AND SUBSISTENCE - Retention allowances
5 USC 5941: Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska
5 USC 5948: ALLOWANCES - Physicians comparability allowances
5 USC 6303(f) (part f not found, but 5 USC 6303 has to do with Annual Leave; accrual)
5 USC 7101 through 7135: LABOR-MANAGEMENT RELATIONS
5 USC 7102: Employees' rights
5 USC 7103(a)(1) "person" means an individual, labor organization, or agency;
5 USC 7103(a)(15) "professional employee" means- ...
5 USC 7104(a): The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law.
5 USC 7111: Exclusive recognition of labor organizations
5 USC 7120: Standards of conduct for labor organizations
5 USC 7121(a)(1): Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d), (e), and (g) of this section, the procedures shall be the exclusive administrative procedures for resolving grievances which fall within its coverage.
5 USC 7121(c):The preceding subsections of this section shall not apply with respect to any grievance concerning-
(1) any claimed violation of subchapter III of chapter 73 of this title (relating to prohibited political activities);
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under section 7532 of this title;
(4) any examination, certification, or appointment; or
(5) the classification of any position which does not result in the reduction in grade or pay of an employee.
5 USC 7122: Exceptions to arbitral awards
5 USC 7122(a): Exceptions to arbitral awards
(a) Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator’s award pursuant to the arbitration (other than an award relating to a matter described in section 7121 (f) of this title). If upon review the Authority finds that the award is deficient-
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.
(b) If no exception to an arbitrator’s award is filed under subsection (a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An agency shall take the actions required by an arbitrator’s final award. The award may include the payment of backpay (as provided in section 5596 of this title).
5 USC 7123: Judicial review; enforcement
5 USC 7123(a): Judicial review; enforcement
(a) Any person aggrieved by any final order of the Authority other than an order under-
(1) section 7122 of this title (involving an award by an arbitrator), unless the order involves an unfair labor practice under section 7118 of this title, or
(2) section 7112 of this title (involving an appropriate unit determination),
may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the Authority’s order in the United States court of appeals in the circuit in which the person resides or transacts business or in the United States Court of Appeals for the District of Columbia.
5 USC 7135(a)(2): Continuation of existing laws, recognitions, agreements, and procedures
(a) Nothing contained in this chapter shall preclude-
(1) the renewal or continuation of an exclusive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter; or
(2) the renewal, continuation, or initial according of recognition for units of management officials or supervisors represented by labor organizations which historically or traditionally represent management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the effective date of this chapter.
5 USC 7311: Loyalty and striking
An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he-
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
5 USC 7512: Employment and clearance; individuals removed for national security
Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.
5 USC 7532: Suspension and removal
5 USC 7701: Appellate procedures
5 USC 7701(g):
(1) Except as provided in paragraph (2) of this subsection, the Board, or an administrative law judge or other employee of the Board designated to hear a case, may require payment by the agency involved of reasonable attorney fees incurred by an employee or applicant for employment if the employee or applicant is the prevailing party and the Board, administrative law judge, or other employee (as the case may be) determines that payment by the agency is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the agency or any case in which the agency’s action was clearly without merit.
(2) If an employee or applicant for employment is the prevailing party and the decision is based on a finding of discrimination prohibited under section 2302 (b)(1) of this title, the payment of attorney fees shall be in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5 (k) ).
5 USC 7702: Actions involving discrimination
5 USC 7703: Judicial review of decisions of the Merit Systems Protection Board
5 USC 7703(d): The Director of the Office of Personnel Management may obtain review of any final order or decision of the Board by filing, within 60 days after the date the Director received notice of the final order or decision of the Board, a petition for judicial review in the United States Court of Appeals for the Federal Circuit if the Director determines, in his discretion, that the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management and that the Board’s decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. If the Director did not intervene in a matter before the Board, the Director may not petition for review of a Board decision under this section unless the Director first petitions the Board for a reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceeding before the Court of Appeals. The granting of the petition for judicial review shall be at the discretion of the Court of Appeals.
5 USC 81, subchapter I: COMPENSATION FOR WORK INJURIES - GENERALLY
5 USC 8151: COMPENSATION FOR WORK INJURIES - Civil service retention rights
5 USC 9902
5 USC 9902 (not found)
5 USC 9902 (not found)
5 USC 9902(a) (not found)
5 USC 9902(a) and (k) (not found)
5 USC 9902(a) through (h) and (k) through (m) (not found)
5 USC 9902(h) (not found)
5 USC 9902(h)(1) (not found)
5 USC 9902(h)(3) (not found)
5 USC 9902(h)(4) (not found)
5 USC 9902(h)(6) (not found)
5 USC 9902(k) (not found)
5 USC 9902(m) (not found)
29 USC 206(d): FAIR LABOR STANDARDS - Minimum wage (in Chapter 8)
29 USC 621 et seq.: AGE DISCRIMINATION IN EMPLOYMENT - Congressional statement of findings and purpose
29 USC 791 et seq: RIGHTS AND ADVOCACY - Employment of individuals with disabilities
32 USC 709: NATIONAL GUARD - SERVICE, SUPPLY, AND PROCUREMENT - Technicians: employment, use, status
38 USC 4303: VETERANS’ BENEFITS - READJUSTMENT AND RELATED BENEFITS - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES - Definitions
38 USC 4316: VETERANS’ BENEFITS - READJUSTMENT AND RELATED BENEFITS - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES - Rights, benefits, and obligations of persons absent from employment for service in a uniformed service
38 USC 74: VETERANS’ BENEFITS - BOARDS, ADMINISTRATIONS, AND SERVICES - VETERANS HEALTH ADMINISTRATION-PERSONNEL
42 USC 2000e et seq.: THE PUBLIC HEALTH AND WELFARE - CIVIL RIGHTS - EQUAL EMPLOYMENT OPPORTUNITIES (in Chapter 21, Subchapter VI)
42 USC 2000e-5(k)): (EEO Enforcement) Attorney’s fee; liability of Commission and United States for costs
In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.
44 USC 35: PUBLIC PRINTING AND DOCUMENTS - COORDINATION OF FEDERAL INFORMATION POLICY
Executive Order 11491: Labor-management relations in the Federal Service (Nixon, 1969)
Executive Order 11616: relating to labor-management relations in the Federal service (Nixon, 1971, ammends EO 11491)
Executive Order 11636: Employee-management relations in the Foreign Service of the United States (Nixon, 1971, ammends EO 11491)
Executive Order 11787: Revoking Executive Order No. 10987, relating to agency systems for appeals from adverse actions (Nixon, 1974)
Executive Order 11838: Amending Executive Order No. 11491, as amended by Executive Orders 11616 and 11636, relating to labor-management relations in the Federal service (Ford, 1975)
Executive Order 12988: Civil Justice Reform (Clinton, 1996)
Executive Order 13132: Federalism (Clinton, 1999)
This page was last updated on 19 June 2008