5 U.S.C. § 5346

Job grading system

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(a) The Office of Personnel Management, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this subchapter applies. In carrying out this subsection, the Office shall—(1) establish the basic occupational alinement and grade structure or structures for the job grading system;(2) establish and define individual occupations and the boundaries of each occupation;(3) establish job titles within occupations;(4) develop and publish job grading standards; and(5) provide a method to assure consistency in the application of job standards.(b) The Office, from time to time, shall review such numbers of positions in each agency as will enable the Office to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Office finds that a position is not placed in its proper occupation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occupation and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.(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.(Added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, § 5345; renumbered § 5346 and amended Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 570; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)Editorial NotesAmendments

1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

1972—Subsecs. (a), (b). Pub. L. 92–392 added subsecs. (a) and (b).

Subsec. (c). Pub. L. 92–392 designated existing provisions as subsec. (c) and substituted in introductory text “Commission”, “a prevailing rate of employee” and “in placing his position in an occupation and grade” for “Civil Service Commission”, “an employee subject to section 5341(a) of this title” and “in classifying his position”, respectively, in par. (2) “placed in the proper occupation and grade” for “properly classified”, in par. (3) “in placing the position in an occupation and grade” for “in classifying the position” and in last sentence “subsection” for “section”.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title.

Notes of Decisions

Cited in 5 cases, 1980–2005 · leading case: Donnie A. Ward v. Alan K. Campbell, Etc., 610 F.2d 231 (5th Cir. 1980).

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Donnie A. Ward v. Alan K. Campbell, Etc., 610 F.2d 231 (5th Cir. 1980). · cites it 4× “While the CSC is responsible for establishing general grading standards, 5 U.S.C. § 5346 (a), the CSC does not grade every conceivable blue collar job that does or might exist in the federal government.”

United States v. Clark, 454 U.S. 555 (1982). “As part of the 1972 amendments, Congress added 5 U. S. C. § 5346 , which directed the Civil Service Commission to establish and maintain a job grading system for positions covered by subchapter IV.”

Wilson v. Harvey, 156 F. App'x 55 (10th Cir. 2005). · cites it 2× “5 U.S.C. § 5346 (c)(1); see also id. § 5112(a)(1).”

Atwell v. Merit Sys. Prot. Bd., 670 F.2d 272 (D.C. Cir. 1981). · cites it 2× “§ 5112 (b); 5 U.S.C. § 5346 (c). Second, and more significantly, it is apparent that it is indeed the reassignment of the person, and not the reclassification of the position, that gives rise to grade and pay retention benefits.”

Patternmakers League of North Am. v. Campbell, 619 F.2d 826 (9th Cir. 1980). · cites it 3× “They base this contention on 5 U.S.C. § 5346 (c) which allows employees to appeal the CSC’s assignment of positions to occupations and grades.”

— 5 U.S.C. § 5346(c) — 1 case

Wilson v. Harvey, 156 F. App'x 55 (10th Cir. 2005). “5 U.S.C. § 5346 (c)(1); see also id. § 5112(a)(1).”

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