# Presentation: 369239

## U.S. OFFICE OF PERSONNEL MANAGEMENT

**OFFICE OF EMPLOYMENT POLICY STAFFING AND RESTRUCTURING POLICY DIVISION**

## THOMAS GLENNON   taglenno@opm.gov

**TODAY’S TOPIC IS: ****“POSITION MANAGEMENT--           THE PERSONNEL RULES OF THE GAME”**

## THOMAS GLENNON

**U.S. OFFICE OF PERSONNEL MANAGEMENT                             ****OFFICE OF EMPLOYMENT POLICY STAFFING AND RESTRUCTURING POLICY DIVISION**
**202-606-2205**** OR ****202-606-0960**
**FAX-202-606-2329**
**E-MAIL: ****taglenno@opm.gov**

## OEP RESTRUCTURING STAFF (2001)

**Thomas Glennon, taglenno@opm.gov, 202-606-2205**
**Jacqui Yeatman, jryeatma@opm.gov, 202-606-2786**
**Charles Gray, cwgray@opm.gov, 202-606-2174**
**Pam Galemore, pjgalemo@opm.gov, 202-606-2414**

## RESTRUCTURING INFORMATION FROM OPM-RIH MODULES

**RESTRUCTURING INFORMATION HANDBOOK MODULES**
**FIVE AVAILABLE ON WEBSITE**
**NINE 2001 UPDATES AVAILABLE FROM OPM VIA E-MAIL BEFORE POSTING ON WEBSITE**

## DOWNSIZING INFORMATION FROM OPM- RIH MODULE 3

**RIH MODULE 3--REDUCTION IN FORCE (May 2001):**
**Unit A (Required Procedures)**
**Unit B (Guidance)**
**Unit D (Sample Notices)**
**Unit E (RIF Service Credit)**

## DOWNSIZING INFORMATION FROM OPM- RIH MODULE 3

**RIH MODULE 3--REDUCTION IN FORCE (May 2001):**
**SECTION 6 COVERS REORGANIZATION, MISCLASSIFICATION, AND JOB EROSION**.

## WHAT IS POSITION MANAGEMENT?

**“****POSITION MANAGEMENT”**** IS THE AGENCY’S PROCESS OF ESTABLISHING AND MAINTAINING POSITIONS IN ORDER TO PERFORM THE AGENCY’S LEGALLY ASSIGNED WORK IN             THE MOST EFFECTIVE AND                EFFICIENT MANNER.**

## HOW DO AGENCIS MOST FREQUENTLY USE POSITION MANAGEMENT?

**POSITION MANAGEMENT**** IS USED TO:**
**(1) MAINTAIN POSITIONS IN A CURRENT ORGANIZATION**
**(2) REORGANIZE POSITIONS IN A CURRENT ORGANIZATION, OR**
**(3) ESTABLISH POSITIONS IN A            NEW ORGANIZATION.**

## WHAT CAN POSITION MANAGEMENT INCLUDE?

**POSITION MANAGEMENT ****CAN RANGE FROM AUDITING A SINGLE POSITION IN THE CURRENT ORGANIZATION TO DETERMINING THE ENTIRE AGENCY’S HUMAN CAPITAL NEEDS YEARS INTO THE FUTURE.**

## WHAT IS THE STARTING POINT FOR EFFECTIVE POSITION MANAGEMENT?

**THE STARTING POINT FOR EFFECTIVE POSITION MANAGEMENT IS THE ACTIVITY’S ****“PERSONNEL ROSTER.”**
**THE ROSTER IS SOMETIMES CALLED A ****“MANNING DOCUMENT”**** OR ****“STAFFING ROSTER.”**

## WHAT IS A PERSONNEL ROSTER?

**A “****PERSONNEL ROSTER****” LISTS EACH POSITION IN THE ACTIVITY BY ORGANIZATION, GRADE, CLASSIFICATION SERIES, AND LOCATION.**

## WHAT ELSE CAN BE INCLUDED ON A PERSONNEL ROSTER?

**THE AGENCY MAY ALSO EXPAND A ****PERSONNEL ROSTER**** TO COVER ADDITIONAL ITEMS SUCH AS NAMES,  APPOINTING AUTHORITIES,  WORK SCHEDULES, AGE, AND DATE OF   INITIAL RETIREMENT           ELIGIBILITY. **

## WHY IS A PERSONNEL ROSTER IMPORTANT IN POSITION MANAGEMENT? PART ONE

**ROLE ONE****--IN ****MAINTAINING THE CURRENT ORGANIZATION****, THE PERSONNEL ROSTER ASSISTS LINE MANAGERS AND PERSONNELISTS IN EVALUATING WHETHER THE PRESENT POSITIONS ARE CONSISTENT             WITH BOTH THE ACTIVITY’S MISSION(S), AND APPLICABLE PERSONNEL REQUIREMENTS.**

## WHY IS A PERSONNEL ROSTER IMPORTANT IN POSITION MANAGEMENT? PART TWO

**ROLE TWO****--IN ****REORGANIZING THE CURRENT ORGANIZATION**** OR ****ESTABLISHING A NEW ORGANIZATION****, THE BEFORE AND AFTER PERSONNEL ROSTERS ASSIST LINE MANAGERS AND PERSONNELISTS IN PLANNING             FOR THE MOST EFFICIENT                   PERFORMANCE OF THE           ACTIVITY’S MISSION(S).**

## IMPLEMENTING POSITION MANAGEMENT-WHAT ARE THE PERSONNEL RULES OF THE GAME?

**AN EMPLOYEE’S RIGHTS AND BENEFITS ARE BASED UPON THE EMPLOYEE’S ****OFFICIAL POSITION OF RECORD****.**
**(1) UNITED STATES v. TESTAN, **424 U.S. 392 (1976)
**(2) TREESE v. POSTAL SERVICE,               **77 M.S.P.R. 187 (1998)

## IMPLEMENTING POSITION MANAGEMENT-WHAT ARE THE PERSONNEL RULES OF THE GAME?

**AN ****OFFICIAL PERSONNEL ACTION**** IS REQUIRED TO MOVE THE EMPLOYEE FROM THE EMPLOYEE’S OFFICIAL POSITION OF RECORD TO A DIFFERENT POSITION.**

## IMPLEMENTING POSITION MANAGEMENT-AN IMPORTANT PERSONNEL RULE OF THE GAME

**(EXCEPT IN A ****CONSTRUCTIVE DEMOTION**** SITUATION), AN AGENCY ALWAYS HAS THE RIGHT TO ****REASSIGN**** AN EMPLOYEE TO ANY POSITION AT THE SAME GRADE WITHOUT REGARD TO RELATIVE RETENTION STANDING, OR LOCATION OF THE POSITION.**

## IMPLEMENTING POSITION MANAGEMENT-WHAT IS CONSTRUCTIVE DEMOTION?  PART ONE

**CONSTRUCTIVE DEMOTION**** OCCURS WHEN AN AGENCY REASSIGNS AN EMPLOYEE FROM A POSITION THAT HAS BEEN CLASSIFIED TO A HIGHER GRADE AFTER:                                               (1) CORRECTION OF A         CLASSIFICATION ERROR,                         OR (2) IMPLEMENTATION OF                      A NEW STANDARD.**

## IMPLEMENTING POSITION MANAGEMENT-WHAT IS CONSTRUCTIVE DEMOTION?  PART TWO

**IF**** ****THE REASSIGNED EMPLOYEE MEETS THE QUALIFICATIONS FOR THE HIGHER-GRADED POSITION,  THE REASSIGNED EMPLOYEE HAS BEEN REACHED FOR A**** CONSTRUCTIVE DEMOTION ****ADVERSE ACTION.**

## IMPLEMENTING POSITION MANAGEMENT-WHAT IS CONSTRUCTIVE DEMOTION?  PART THREE

**FOR MORE INFORMATION ON**** CONSTRUCTIVE DEMOTION****, REFERENCE:**
**(1) RUSSELL v. NAVY, 6 M.S.P.R. 698 (1981), **
**(2) CRUM v. NAVY, 75 M.S.P.R. 76 (1997)**
**(3) HOGAN v. NAVY, 81 M.S.P.R. 252 (1999)**

## IMPLEMENTING POSITION MANAGEMENT-WHAT ARE THE PERSONNEL RULES OF THE GAME?

**POSITION MANAGEMENT**** MAY INVOLVE ONE OR MORE OF THE FOLLOWING PERSONNEL ACTIONS:**
**(1) REORGANIZATION**
**(2) JOB EROSION**
**(3) MISCLASSIFICATION**
**(4) ACCRETION OF                              DUTIES**

## WHEN IS POSITION MANAGEMENT A REORGANIZATION?  PART ONE

**A POSITION DESCRIPTION CHANGE IN THE DUTIES, RESPONSIBILITLIES, OR QUALIFICATIONS OF ONE OR MORE POSITIONS IN AN ORGANIZATION IS A ****REORGANIZATION****.  **

## WHEN IS POSITION MANAGEMENT A REORGANIZATION?  PART TWO

**THE ESTABLISHMENT, OR ABOLISHMENT, OF ONE OR MORE POSITIONS IN AN ORGANIZATION IS A ****REORGANIZATION****.  **

## WHEN IS POSITION MANAGEMENT A REORGANIZATION?  PART THREE

**A CHANGE IN REPORTING RELATIONSHIPS WITHIN AN ORGANIZATION IS A ****REORGANIZATION****.**

## WHAT IS A REORGANIZATION?

**5 CFR 351.203 STATES “****REORGANIZATION**** MEANS THE PLANNED ELIMINATION, ADDITION, OR REDISTRIBUTION OF FUNCTIONS OR DUTIES IN AN ORGANIZATION**.”

## WHAT IS A REORGANIZATION (MORE)?

**UNDER 5 CFR 351.203, A ****REORGANIZATION**** IS A MANAGEMENT-INITIATED CHANGE IN ONE OR MORE POSITIONS IN AN ORGANIZATION, OR IN REPORTING RELATIONSHIPS WITHIN AN ORGANIZATION.**

## APPEALS DECISIONS-WHEN DO OPM’S RIF REGULATIONS APPLY TO A REORGANIZATION?

**OPM’S RIF REGULATIONS APPLY WHEN AN EMPLOYEE IS SEPARATED OR DOWNGRADED AS A RESULT OF THE REORGANIZATION**:
- (1) **SHIEFER v. LABOR, 39 M.S.P.R. 34** (1988), (e.g., 6 year lag in implementation)
- (2) **BARRY v. FLRA, 74 M.S.P.R. 159** (1997), (e.g., 9 year lag in implementation)

## WHAT IS JOB EROSION? PART ONE

**WITH ****JOB EROSION****, THE GRADE OF THE POSITION IS REDUCED BECAUSE OF UNDOCUMENTED GRADUAL CHANGES TO:**
**(1) A POSITION’S DUTIES, RESPONSIBILITIES, OR QUALIFICATIONS, AND/OR **
**(2) THE REPORTING RELATIONSHIPS              IN AN ORGANIZATION.**

## WHAT IS JOB EROSION? PART TWO

**5 CFR 351.202( c)(3) EXCLUDES FROM OPM’S RIF REGULATIONS “A CHANGE TO LOWER GRADE BASED ON RECLASSIFICATION OF AN EMPLOYEE’S POSITION DUE TO EROSION OF DUTIES”**

## WHAT IS JOB EROSION? PART THREE

**THE APPELLANT CANNOT IDENTIFY A REASON, OR A TIME FRAME, IN WHICH THE APPELLANT’S POSITION OR ORGANIZATION CHANGED IN A MANNER TO REDUCE THE GRADE OF THE POSITION.**

## WHAT IS NOT JOB EROSION? PART ONE

**A DOWNGRADE RESULTING FROM A PLANNED MANAGEMENT ACTION IS NOT JOB EROSION, BUT INSTEAD IS A REORGANIZATION COVERED BY OPM’S RIF REGULATIONS**.

## WHAT IS NOT JOB EROSION? PART TWO

**THE TEST IS WHETHER THE APPELLANT CAN IDENTIFY A REASON OR TIME FRAME IN WHICH THE APPELLANT’S POSITION, OR ORGANIZATION, CHANGED IN A MANNER TO          REDUCE THE GRADE OF THE                      POSITION**.

## APPEALS DECISIONS-WHAT IS NOT JOB EROSION?

**A PLANNED MANAGEMENT ACTION IS A REORGANIZATION, NOT JOB EROSION**--
- (1) **HARDY v. ARMY**, **67 M.S.P.R. 292** (1995)
- (2) **SHIFFLET v. NAVY, 83 M.S.P.R. 472** (1999)
- (3) **HABDAS v. NAVY**,                                  **84 M.S.P.R. 412** (1999)

## WHAT IS MISCLASSIFICATION? PART ONE

**MISCLASSIFICATION**** RESULTS WHEN THE GRADE OF A POSITION CHANGES BECAUSE OF--**
**(1) CLASSIFICATION ERROR, OR**
**(2) A NEW CLASSIFICATION STANDARD**

## WHAT IS MISCLASSIFICATION? PART TWO

**WITH ****MISCLASSIFICATION****, THE GRADE OF THE POSITION CHANGES WITH NO CHANGE TO THE POSITION’S DUTIES, RESPONSIBILITIES, QUALIFICATIONS, OR REPORTING RELATIONSHIPS.**

## MISCLASSIFICATION IS NOT APPEALABLE TO MSPB

**UNDER 5 U.S.C. 5366(b)(1), ****MISCLASSIFICATION**** IS NOT APPEALABLE TO MSPB.**

## MISCLASSIFICATION IS NOT APPEALABLE TO MSPB

**REFERENCE:**
- (1) **ATWELL v. MSPB, 670 F.2d 272** (1981)
- (2) **SAUNDERS v. MSPB, 757 F.2d 1288** (1985)
- (3) **GRUBB v. INTERIOR, 73 M.S.P.R. 290** (1997)
- (4) **CRUM v. NAVY,                                          75 M.S.P.R. 75** (1997)

##  WHAT IF MISCLASSIFICATION IS ACTUALLY A REORGANIZATION DEMOTION?

**MSPB WILL DETERMINE IF A DOWNGRADE RESULTED FROM A MANAGEMENT-INITIATED CHANGE IN DUTIES RATHER THAN FROM MISCLASSIFICATION**.

##  WHAT IF MISCLASSIFICATION IS ACTUALLY A REORGANIZATION DEMOTION?

**Reference:**
- (1) **BURWELL v. ARMY, 78 M.S.P.R. 645** (1998)
- (2) **BOLTON v. ARMY, 79 M.S.P.R. 333** (1998)
- (3) **BOUDREAUX v. ARMY, 82 M.S.P.R. 393** (1999)

## WHAT IS ACCRETION OF DUTIES?        PART ONE

**WITH ****ACCRETION****, THE GRADE OF THE POSITION IS INCREASED BECAUSE OF UNDOCUMENTED CHANGES TO:**
**(1) A POSITION’S DUTIES, RESPONSIBILITIES, OR QUALIFICATIONS, AND/OR **
**(2) THE REPORTING                                   RELATIONSHIPS IN AN          ORGANIZATION.**

## WHAT IS ACCRETION OF DUTIES?        PART TWO

**THE AGENCY CANNOT  IDENTIFY A REASON OR TIME FRAME IN WHICH THE APPELLANT’S POSITION, OR ORGANIZATION, CHANGED IN A MANNER TO INCREASE THE GRADE OF THE POSITION.**

## WHAT IS ACCRETION OF DUTIES?        PART THREE

**ACCRETION OF DUTIES ****IS INTENDED AS THE CONVERSE TO JOB EROSION.**
**ACCRETION OF DUTIES**** IS NOT APPEALABLE TO MSPB BECAUSE        THE EMPLOYEE IS NOT INVOLUNTARILY                       SEPARATED OR DOWNGRADED.**

## WHAT IS ACCRETION OF DUTIES?        PART FOUR

**PROMOTION BASED UPON ****ACCRETION OF DUTIES**** IS A DISCRETIONARY EXCEPTION TO MERIT PROMOTION COMPETITION.**
**Reference: 5 CFR 335.103(c)(3)(ii)**

## WHAT IS ACCRETION OF DUTIES?        PART FIVE

**EACH AGENCY SHOULD ESTABLISH A POLICY SETTING CRITERIA FOR NONCOMPETITIVE PROMOTION BASED ON THE ****ACCRETION OF DUTIES**** EXCEPTION TO LIMIT NONCOMPETITIVE PROMOTION ACTIONS TO BONA FIDE        SITUATIONS.**

## EFECTIVE POSITION MANAGEMENT WRAP UP

**THE THREE STEPS FOR EFFECTIVE ****POSITION MANAGEMENT****:**
**(1) DETERMINE THE PROGRAM GOALS FOR THE ORGANIZATION.**
**(2) DEVELOP ****PERSONNEL ROSTERS**** BASED UPON THESE GOALS.**
**(3) LEARN AND APPLY THE     ****PERSONNEL RULES OF THE                GAME**** TO REACH THE GOALS.**