U.S. Office of Personnel Management
 Office of Merit Systems Oversight and Effectiveness
 Classification Appeals and FLSA Programs

 Atlanta Oversight Division
 75 Spring Street, SW., Suite 1018
 Atlanta, GA 30303-3109

Classification Appeal Decision
Under section 5112 of title 5, United States Code


	Appellant:		[Appellant]

	Agency classification:	Customs Inspector (Port Director)
				GS-1890-11

	Organization:		Department of the Treasury

	OPM decision:		Supervisory Customs Inspector
				GS-1890-11

	OPM decision number:	C-1890-11-02

 /s/
 _____________________________
 Virginia L. Magnuson
 Classification Appeals Officer

 9/20/01
 _____________________________
 Date




As provided in section 511.612 of title 5, Code of Federal
Regulations, this decision constitutes a certificate that is
mandatory and binding on all administrative, certifying, payroll,
disbursing, and accounting officials of the government. The
agency is responsible for reviewing its classification decisions
for identical, similar, or related positions to ensure
consistency with this decision. There is no right of further
appeal. This decision is subject to discretionary review only
under conditions and time limits specified in the Introduction to
the Position Classification Standards, appendix 4, section G
(address provided in appendix 4, section H).

Since this decision changes the title of the appealed position,
it is to be effective no later than the beginning of the fourth
pay period after the date of this decision, as permitted by 5 CFR
511.702. The servicing personnel office must submit a compliance
report containing a Standard Form 50 showing the personnel action
taken. The report must be submitted within 30 days from the
effective date of the personnel action.

Decision sent to:

[Appellant]

Mr. Robert M. Smith
Assistant Commissioner of Human Resources
Office of Human Resources Management
U.S. Customs Service
1300 Pennsylvania Avenue, NW.
Washington, DC 20229

Mr. Ronald A. Glaser
Director, Office of Personnel Policy
U.S. Department of the Treasury
1500 Pennsylvania Avenue, NW.
 ATTN: Metropolitan Square
 Room 6075
Washington, DC 20220
Introduction

On April 12, 2001, the Atlanta Oversight Division of the Office
of Personnel Management (OPM) accepted an appeal for the position
of Customs Inspector (Port Director), GS-1890-11, [organization],
U.S. Customs Service, Department of the Treasury, [geographical
location]. The appellant is requesting that his position be
classified as Customs Inspector (Port Director), GS-1890-12.

The appeal has been accepted and processed under section 5112(b)
of title 5, United States Code. This is the final administrative
decision on the classification of the position subject to
discretionary review only under the limited conditions and time
outlined in part 511, subpart F, of 5 CFR.

General issues

On March 21, 2000, a member of the staff of the Customs Service's
Position Management and Classification Branch, Office of Human
Resources Management, conducted an onsite desk audit of the
appellant's position. This action was taken following a request
for a classification review of this position by the Director of
Field Operations, [location], Customs Management Center (CMC).
In a memorandum dated July 12, 2000, the CMC was notified that
the review had determined that the work assigned to and performed
by the appellant warranted classification of the position at the
GS-12 level. The memorandum included several recommendations for
resolving the classification issue, such as promoting or
reassigning the appellant or eliminating the higher level work.
No action was taken by the agency on any of the recommendations.
The appellant subsequently appealed to OPM.

An Atlanta Oversight Division representative conducted telephone
interviews with the appellant and the appellant's immediate
supervisor. This appeal was decided by considering the audit
findings and all information of record furnished by the appellant
and his agency, including his official position description.

Position information

The appellant is assigned to position description number [#].
The appellant, his supervisor, and the agency have certified the
accuracy of the position description.

The appellant functions as a senior level Customs Inspector and
first line supervisor over a small work force consisting of three
Customs Inspectors, GS-1890-9 (two full-time and one limited
duty), one Customs Inspector, GS-1890-7 (limited duty), and three
Customs Inspectors, GS-1890-5 (limited duty), at the
[organizational location]. The appellant performs a range of
complex advisory and coordination duties and/or other specialized
assignments involving highly sensitive passenger, baggage, cargo,
and other issues related to import and export to and from the
United States through the [geographical location]. The
subordinate Customs Inspectors perform the full range of
inspection, enforcement and examination work related to the entry
and clearance of foreign merchandise, cargo, passengers and
baggage, and carriers entering and departing the United States.
The purpose of the work is to exclude terrorists, drugs and other
contraband; enforce quotas and marketing agreements; collect and
protect revenues due the United States; and facilitate legitimate
international trade and traffic.

The appellant works under the administrative supervision of the
Port Director, Area Port of [location], who assigns work in terms
of management goals and policies and/or as problems or areas
warranting analysis or investigation. The appellant
independently organizes approaches, determining the extent of
fact-finding and analysis, and adapts techniques and methods.
The appellant's work is normally accepted without major
revisions, and recommendations on changes in procedures and
practices are reviewed in terms of effect on other operations and
administrative and policy considerations such as time, staff, and
costs. The supervisor is kept informed of the status of the
appellant's activities and of situations that may have policy or
political overtones.

Standards Referenced

Customs Inspection Series, GS-1890, dated April 1973.
General Schedule Supervisory Guide, dated April 1998.

Series and Title Determination

The appellant does not contest the title or series determination
of his position. The agency appeal decision determined that the
appellant's position is properly placed in the Customs Inspection
Series, GS-1890, and meets the requirements to be titled
Supervisory Customs Inspector. However, the appellant's SF-50
does not indicate that the position is supervisory. The
GS-1890 work represents 25 percent of the work supervised and the
position meets the requirements for coverage by the General
Schedule Supervisory Guide (GSSG). We concur that the position
is properly placed in the GS-1890 series and titled Supervisory
Customs Inspector. OPM has not prescribed any parenthetical
titles for positions in this series, however, according to the
Introduction to the Position Classification Standards, section
III.H.2, the agency may add a parenthetical designation to the
official title when it determines the designation adds materially
to the understanding and identification of the position.

Grade determination

The appellant performs both non-supervisory and supervisory
duties. Each type of work must be evaluated separately using the
appropriate classification criteria for each. The overall grade
of the position is the higher level of either the supervisory or
non-supervisory work. The appellant does not contest the
agency's GS-11 grade determination for his non-supervisory
inspector duties. We concur that these duties are properly
evaluated at the GS-11 level.

The GSSG is used to grade supervisory work and related managerial
responsibilities that require accomplishment of work through
combined technical and administrative direction of others;
constitute a major duty occupying at least 25 percent of the
position's time; and meet at least the lowest level of Factor 3
in this guide, based on supervising Federal civilian employees,
Federal military or uniformed service employees, volunteers, or
other noncontractor personnel. The appellant provides technical
and administrative direction to a work force comprised of seven
subordinate Customs Inspectors. The appellant's immediate
supervisor estimated that approximately 35 percent of his work
hours are spent providing technical and administrative direction
to these subordinates. The appellant also exercises delegated
supervisory and managerial authorities identified in Factor 3 of
the GSSG to meet the minimum requirements for consideration as a
supervisor. Therefore, the GSSG will be used to determine the
grade of this position.

The GSSG provides evaluation criteria for determining the grade
level of supervisory positions in grades GS-5 through GS-15. The
Guide uses a point factor evaluation approach with six evaluation
factors designed specifically for supervisory positions. These
factors are: program scope and effect, organizational setting,
supervisory and managerial authority exercised, personal
contacts, difficulty of typical work directed, and other
conditions.

The position is evaluated as follows:

Factor 1 - Program Scope and Effect

This factor assesses the general complexity, breadth, and impact
of the program areas and work directed, including its
organizational and geographical coverage. It also assesses the
impact of the work both within and outside the immediate
organization. To credit a particular factor level, the criteria
for both scope and effect must be met. The agency credited Level
1-2.

a. Scope

This element addresses the general complexity and breadth of: (1)
the program (or program segment) directed; and the work directed,
the products produced, or the services delivered. The geographic
and organizational coverage of the program (or program segment)
within the agency structure is included under this element.

At Level 1-2a, The program segment or work directed is
administrative, technical, complex clerical, or comparable in
nature. The functions, activities, or services provided have
limited geographic coverage and support most of the activities
comprising a typical agency field office, an area office, a small
to medium military installation, or comparable activities within
agency program segments.

Level 1-2a is met. The appellant's primary work is
administrative and technical in nature. The work that he directs
principally impacts two counties and the inspection and control
activities associated with the clearance of cargo, passengers,
and carriers arriving at and departing from the Port of
[location]. This is equivalent to the limited geographic
coverage typical of an agency field office as described for this
level.

At Level 1-3a, the position directs a program segment that
performs technical, administrative, protective, investigative, or
professional work. The program segment and work directed
typically have coverage which encompasses a major metropolitan
area, a state, or a small region of several states.

Level 1-3a is not met. The program segment and work for which
the appellant is responsible does not involve providing the
agency's services for a major metropolitan area, a state, or a
small region of several states.

Level 1-2a is credited for this subfactor.

b. Effect

This element addresses the impact of the work, the products,
and/or the programs described under "Scope" on the mission and
programs of the customer(s), the activity, other activities in or
out of government, the agency, other agencies, the general
public, or others.

At Level 1-2b, the services or products support and significantly
affect installation level, area office level, or field office
operations and objectives, or comparable program segments; or
provide services to a moderate, local or limited population of
clients or users comparable to a major portion of a small city or
rural county.

This position somewhat exceeds Level 1-2b. Information provided
by the appellant reflects that the two county area for which he
provides service includes an international airport, two airports
handling private aircraft, five bonded warehouses, and six trade
zone sites. The appeal record contained a profile of activity at
the facility prepared by the agency and provided by the
appellant. The profile reflected 426 commercial aircraft
arrivals; 82 vessel passengers and crewmen; and 64,824 passengers
and pedestrians. This indicates that the facility provides
agency services for a population exceeding that comparable to a
major portion of a small city or rural county.

At Level 1-3b, the activities, functions, or services
accomplished directly and significantly impact a wide range of
agency activities, the work of other agencies, or the operations
of outside interests (e.g., a segment of a regulated industry),
or the general public.

Level 1-3b is not met. The appellant's work primarily impacts a
limited segment of the agency's activities in a two county area.
The work does not provide essential support functions to
numerous, varied and complex technical, professional, and
administrative functions, or directly and significantly affect
the wide range of agency-wide programs or the work of other
agencies such as described at Level 1-3.

Level 1-2b is credited for this subfactor.

This factor is credited at Level 1-2 for both Scope and Effect
for 350 points.

Factor 2 - Organizational Setting

This factor considers the organizational situation of the
supervisory position in relation to higher levels of management.
The agency credited Level 2-1.

At Level 2-1, the position is accountable to a position that is
two or more levels below the first (i.e., lowest in the chain of
command) SES, flag or general officer, equivalent or higher level
position in the direct supervisory chain.

Level 2-1 is met. The appellant's immediate supervisor is the
Port Director, a GS-15 position which reports directly to the
Director, [location], Customs Management Center, another GS-15
position.

At Level 2-2, the position is accountable to a position that is
one reporting level below the first SES, flag or general officer,
or equivalent or higher level position in the direct supervisory
chain.

Level 2-2 is not met. The appellant's immediate supervisor is
two or more levels below the first SES, flag or general officer,
equivalent or higher level position in the direct supervisory
chain

This factor is credited at Level 2-1 for 100 points.

Factor 3 - Supervisory and Managerial Authority Exercised

This factor covers the delegated supervisory and managerial
authorities which are exercised on a recurring basis. To be
credited with a level under this factor, a position must meet the
authorities and responsibilities to the extent described for the
specific level. The agency credited Level 3-2c

To meet Level 3-2c, the position must carry out at least 3 of the
first 4 and a total of 6 or more of the 10 authorities and
responsibilities described for this level in the GSSG.

Level 3-2c is met. The appellant is responsible for planning
work to be accomplished by subordinates, and setting and
adjusting short-term priorities for seven subordinate Customs
Inspectors. He assigns work to subordinates based on priorities,
selective consideration of the difficulty and requirements of
assignments, and the capabilities of employees; evaluates work
performance; provides advice, counsel, or instruction to
employees on both work and administrative matters; interviews
candidates for positions in his unit; recommends appointment,
promotion, or reassignment to such positions; hears and resolves
complaints from employees, referring group grievances and more
serious unresolved complaints to a higher level supervisor or
manager; identifies developmental and training needs of
employees, providing or arranging for needed development and
training; and finds ways to improve production or increase the
quality of the work directed. The appellant's delegated
supervisory responsibilities include 8 of the 10 required
authorities under Level 3-2c (1, 2, 3, 4, 5, 6, 8 and 9).

At Level 3-3, the supervisor must meet one of two conditions. To
meet the first condition (Level 3-3a), the supervisor must
exercise delegated managerial authority to set a series of
annual, multiyear, or similar types of long-range work plans and
schedules for in-service or contracted work; determine the best
approach for resolving budget shortages; and plan for long-range
staffing needs. To meet the second condition (Level 3-3b), the
supervisor, in addition to exercising the authorities and
responsibilities described at Level 3-2c, must meet at least 8 in
a list of 15 additional authorities and responsibilities that
establish a level of authority significantly higher than Level 3-
2c. This level is intended to credit supervisors who direct at
least two or more employees who are officially recognized as
subordinate supervisors, leaders, or comparable personnel.
Further, the supervisor's subordinate organization must be so
large and its work so complex that it requires using those two or
more subordinate supervisors or comparable personnel.

Level 3-3 is not met. The appellant's duties do not include
delegated managerial authority for setting a series of annual,
multiyear, or similar types of long-range work plans and
schedules for in-service or contracted work; determining the best
approach for resolving budget shortages; and planning for long-
range staffing needs. In addition, he does not accomplish work
through the use of subordinates who function as supervisors,
leaders, or in comparable positions.

Level 3-2 is credited for this factor for 450 points.

Factor 4 -- Personal Contacts

This is a two part factor which assesses the nature and the
purpose of personal contacts related to supervisory and
managerial responsibilities. The nature of the contacts,
credited under Subfactor 4A, and the purpose of those contacts,
credited under Subfactor 4B, must be based on the same contacts.
The agency credited Level 4-2 for both subfactors.

Subfactor Level 4A- Nature of Contacts

At Level 4A-2, contacts are with members of the business
community or the general public; higher ranking managers,
supervisors, and staff of program, administrative, and other work
units and activities throughout the field activity, installation,
command (below major command level) or major organization level
of the agency; representatives of local public interest groups;
case workers in congressional district offices; technical or
operating level employees of state and local governments;
reporters for local and other limited media outlets reaching a
small, general population. Contacts may be informal, occur in
conferences and meetings, or take place through telephone,
televised, radio, or similar contact, and sometimes require
nonroutine or special preparation.

Level 4A-2 is met. The appellant's regular and recurring
contacts are with representatives of state and local government
(e.g., county commissioners, mayors, state elected officials,
etc.), representatives of city and county media organizations
providing coverage for the general population of the area, and
business representatives and other parties having a financial
interest in the operations at the Port of [location]. He also
has contacts with private groups, schools, colleges, and other
organizations desiring knowledge about the nature of his agency's
operations and activities.

At Level 4A-3, contacts are comparable to any of the following:
high ranking military or civilian managers, supervisors, and
technical staff at bureau and major organizational levels of the
agency; agency headquarters administrative support staff; or with
comparable personnel in other Federal agencies; key staff of
public interest groups (usually in formal briefings) with
significant political influence or media coverage; journalists
representing influential city or county newspapers or comparable
radio or television coverage; congressional committee and
subcommittee staff assistants below staff director or chief
counsel levels; contracting officials and high level technical
staff of large industrial firms; local officers of regional or
national trade associations, public action groups, or
professional organizations; and/or state and local government
managers doing business with the agency. Contacts include those
which take place in meetings and conferences and unplanned
contacts for which the employee is designated as a contact point
by higher management. They often require extensive preparation
of briefing materials or up-to-date technical familiarity with
complex subject matter.

Level 4A-3 is not met. The appellant's contacts are more limited
than those identified at this level. The appellant does not have
frequent contacts with high ranking civilian managers,
supervisors, and technical staff at bureau and major organization
levels of his agency; the agency's headquarters administrative
support staff; or with comparable personnel in other Federal
agencies. His contacts do not typically involve individuals or
parties who are politically influential, represent large regional
or national trade organizations, or are associated with
influential media outlets. His contacts also do not require the
extensive preparation of briefing materials or knowledge of
subject matter of the complexity described at this level.

Level 4A-2 is credited for this subfactor for 50 points.

Subfactor 4B - Purpose of Contacts

This subfactor covers the purpose of the personal contacts
credited in Subfactor 4A, including the advisory,
representational, negotiating, and commitment-making
responsibilities related to supervision and management.

At Level 4B-2, the purpose of contacts is to ensure that
information provided to outside parties is accurate and
consistent; to plan and coordinate the work directed with that of
others outside the subordinate organization; and/or to resolve
differences of opinion among managers, supervisors, employees,
contractors or others.

Level 4B-2 is met. Contacts by the appellant are primarily for
the purpose of planning and coordinating the work performed by
his subordinates with that of other organizations, providing
accurate information to outside parties and to resolve
differences of opinions regarding how activities are or should be
carried out or coordinated.

At Level 4B-3, the purpose of contacts is to justify, defend, or
negotiate in representing the project, program segment(s), or
organizational unit(s) directed, in obtaining or committing
resources, and in gaining compliance with established policies,
regulations, or contracts. Contacts at this level usually
involve active participation in conferences, meetings, hearings,
or presentations involving problems or issues of considerable
consequence or importance to the program or program segment(s)
managed.

Level 4B-3 is not met. The appellant's contacts typically do not
require him to justify, defend, or negotiate in representing his
organization for the purposes of obtaining or committing
resources, or to gain compliance with the established policies
and regulations carried out or enforced by his organization.

Level 4B-2 is credited for this subfactor for 75 points.

Factor 5 - Difficulty of Typical Work Directed

This factor measures the difficulty and complexity of the basic
work most typical of the organization(s) directed, as well as
other line, staff, or contracted work for which the supervisor
has technical or oversight responsibility, either directly or
through subordinate supervisors, team leaders, or others. The
agency credited Level 5-5.

The GSSG directs that the difficulty and complexity of work
directed by first level supervisors be based on a determination
of the highest grade which best characterizes the nature of the
basic (mission oriented) nonsupervisory work performed or
overseen by the organization directed; and constitutes 25 percent
or more of the workload (not positions or employees) of the
organization. Once this has been established, the proper factor
level and points are assigned based on a chart in the GSSG.
Level 5-5 is met. This level is assigned when the highest level
of base work is GS-9 or 10, or equivalent. The highest level of
work which the appellant directs and provides supervision is GS-
9. Level 5-5 is credited.

Level 5-6 is not met. This level is assigned when the highest
level of base work is GS-11 or equivalent.

Level 5-5 is credited for this factor for 650 points.

Factor 6 - Other Conditions

This factor measures the extent to which various conditions
contribute to the difficulty and complexity of carrying out
supervisory duties, authorities, and responsibilities.
Conditions affecting work for which the supervisor is responsible
(whether performed by Federal employees, assigned military,
contractors, volunteers, or others) may be considered if they
increase the difficulty of carrying out assigned supervisory or
managerial duties and authorities. The agency credited Level 6-3
for this factor.

The GSSG describes two types of supervisory situations which meet
Level 6-3. The first situation identifies supervision and
oversight which requires coordination, integration, or
consolidation of administrative, technical, or complex technician
or other support work comparable to GS-9 or 10, or work at the GS-
7 or 8 level where the supervisor has full and final technical
authority over the work. Directing the work at this level
(cases, reports, studies, regulations, advice to clients, etc.)
requires consolidation or coordination similar to that described
at Factor Level 6-2a, but over a higher level of work. The
second situation identifies positions which direct subordinate
supervisors over positions in grades GS-7 or 8 or the equivalent
which requires consolidation or coordination within or among
subordinate units or with outside units.

The first situation in Level 6-3 is met. The appellant
coordinates, integrates or consolidates administrative,
technical, or complex technician or other support work comparable
to GS-9 or 10. He has full and final technical authority over
the work performed by his subordinates.

At Level 6-4, supervision requires substantial coordination and
integration of a number of major work assignments, projects, or
program segments of professional, scientific, technical, or
administrative work comparable in difficulty to the GS-11 level.

Level 6-4 is not met. As determined under Factor 5, the highest
grade-level supervised by the appellant is GS-9. Additionally,
the work does not require the coordination and integration of a
number of major work assignments, projects or program segments as
identified at Level 6-4.

Level 6-3A is credited for this factor for 975 points.

Summary
 Factor 			Level 	Points

1. Program Scope and Effect 	1-2 	350
2. Organizational Setting 	2-1 	100
3. Supervisory and Managerial 	3-3 	450
 Authority Exercised
4. Personal Contacts
 A. Nature of Contacts 		4A-2 	50
 B. Purpose of Contacts 	4B-2 	75
5. Difficulty of Typical Work
Directed 			5-4 	650
6. Other Conditions 		6-3a 	975

 Total 					2650

A total of 2650 points equates to GS-11, 2355 to 2750 points,
according to the point-to-grade conversion chart in the GSSG.

Decision

This position is properly classified as Supervisory Customs
Inspector, GS-1890-11.