Section 1. A position consists of all the current major duties and responsibilities assigned or delegated by management.
Section 2. The position description is a written record of the principal duties and responsibilities assigned to a position and which comprise the work assigned to an employee. The position description shall clearly state what work is to be performed.
Section 3. A position description must state the principal duties, responsibilities and supervisory relationships in a manner necessary for proper classification. However, position descriptions are not expected to contain a comprehensive or exhaustive listing of each and every task or duty which is performed by an employee. Minor duties may be omitted from the position description or covered by a brief statement showing that minor duties may be performed.
Section 4. A group of like positions, those similar in principal duties, responsibilities and supervisory relationships, may be covered by a single position description.
Section 5. Neither the listing of duties in a position description nor the inclusion or omission of a statement regarding the performance of other duties as assigned controls or in any manner affects the right of the Employer to assign duties to an employee or to assign, change or eliminate part or all of the duties and responsibilities that have been grouped together to constitute a position.
Section 6. It is the obligation of the Employer to periodically review position descriptions to ensure that they reflect the currently assigned duties of the employee, and to ensure that significant changes in duties and responsibilities are reflected in the position description.
Section 7.
A. An employee will be provided with a copy of their position description when he reports for duty in the position; when changes are made in the position description; and upon appropriate request.
B. The Employer will also provide the Union with copies of proposed classification standards referred to the Employer by the Office of Personnel Management for comment.
Section 8.
A. An employee has the right to appeal the classification of their position at any time.
B. When the classification of a position results in the reduction in grade or pay of an employee, the employee may appeal to the Merit Systems Protection Board under such regulations as the Merit Systems Protection Board may prescribe.
C. Proposed changes in position descriptions will be provided to the Union for comment.
Section 9. An employee may file a classification appeal directly or designate in writing a representative to process their appeal for him.
Section 10.
A. A General Schedule (GS) employee may file a classification appeal directly with the Office of Personnel Management or through the Appeals Procedure established by the Agency.
B. A Prevailing Rate (WG) employee may file a classification appeal directly with the Office of Personnel Management only after appealing through the Appeals Procedure established by the Agency.
Section 11. The following steps explain the process for employees wishing to file a classification appeal:
Step 1. (WG employees must file their appeal at this step first.)
A. The appeal must be made in writing and forwarded to the Director, OHRM, NIH, or designee.
B. The appeal must contain the following information:
2. Title (or requested title), series and grade;
3. Reasons why the position is believed to be incorrectly classified; and
4. A statement of any relevant circumstances, information, or classification standards which have a bearing on the appeal.
C. An appeal decision will be provided to the employee following a reasonable investigation and evaluation period not to exceed thirty (30) days. If no decision is rendered within this time frame, the employee may proceed directly to step 2.
Step 2. (GS employee may file directly to this step.)
A. An employee who has filed and is dissatisfied with the decision of the Director, OHRM, NIH, may appeal to the Office of Personnel Management within fifteen (15) days of the agency decision. GS employees may file directly to the OPM and by pass the step 1 procedure, if they so chose.
B. The appeal may be filed through the Director, OHRM or OPM and contain the following:
1. A copy of the appeal decision sent to the employee;
2. A copy of the official position description and evaluation report;
3. An organizational chart showing the location and grades of the appellants and related positions; and
4. Any other information which is pertinent to the appeal.
* See OPM position classification appeals: Employee fact sheet for other required information.
Section 12.
A. Appeals will be canceled:
1. Upon the written request of the appellant;
2. When the appellant vacates the position being appealed unless there is the possibility of a retroactive benefit; or
3. On failure to prosecute, when the appellant does not furnish requested information and duly proceed with the advancement of their appeal. OPM may reopen a canceled appeal at its discretion on a showing that circumstances beyond the control of the appellant prevented them from prosecuting the appeal.
Section 13.
A. Office of Personnel Management appeals decisions are final and binding upon the Agency.
B. The final classification determination of an appeal will be effected no later than the beginning of the second full pay period following the receipt of the decision.
Section 14.
A. An employee who has filed a classification appeal shall be entitled to a Union Representative, if requested, at any desk audit or meeting with any agency representative concerning the appeal.
B. An employee who has filed a classification appeal shall not be subject to any penalty, reprisal, discrimination, or harassment because he has filed such an appeal.
C. For the purposes of this section a grade reduction as a result of a classification appeal is not considered a penalty, reprisal, discrimination, or harassment.
Section 15. Each position which has the same level or grade controlling duties and responsibilities will be classified at the same grade level in accordance with applicable law, rule, or regulation.
Section 16.
A. Except as set forth in Section 11, above, the procedures set forth in this Article are the sole procedures for processing classification appeals. B. All other complaints other than classification appeals alleging a violation of this Article or appropriate position classification regulations shall be subject to the grievance and arbitration provisions of this Agreement.
.