Delegation of Classification Authority (DCA) Commander’s Briefing

Purpose Enable the Commander to delegate and oversee classification processes Publicize Army classification policies Explain impact of Fair Labor Standards Act requirements

The Pendleton Act of 1883 created the first true U.S. civil service History The Pendleton Act of 1883 created the first true U.S. civil service Fundamental Concept - Equal pay for work of equal value It is one of the merit principles and is based in law [Title 5 of the United States Code (5 USC) & Code of Federal Regulations (5 CFR)] The challenge Assure sufficient internal equity while still assuring pay comparability with industry and non-profit employers Underlying Assumption and Expectation Classification decisions are fair, equitable and demonstrate adherence to the highest levels of professional and ethical standards Instructor: You may decide to provide additional background on the historical events leading up to the Pendleton Act of 1883. It was created during the aftermath of the death of President Garfield who was shot by a disgruntled applicant who felt he deserved a government job because he had helped with Garfield’s campaign. At that time, government jobs were usually filled by people who had political connections with the current administration. It truly was a system based on primarily who you knew, rather than qualifications. This was known as the “spoils system.” The Pendleton Act established a new U.S. civil service system that was based on merit. Classification systems aid managers in designing and transitioning to high performance organizations - Increase organizational effectiveness – Identify process improvements - Improve competitiveness in contracting-out studies - Minimize potential for pay abuses - Establish opportunities for employee growth, job enhancement, and/or career development  

Regulatory Base Executive Orders Title 5, USC Code of Federal Regulations (5 CFR) OPM Operating Manuals DOD Regulations/Manuals/Instructions Army Regulations & Policy Memoranda Army Command Regulations Local Regulations & Union Agreements Note that if Bargaining Unit Agreements are in conflict with other regulations, the negotiated contract takes precedent. However, the union contract cannot contradict what is based in law.

CPAC Classification Functions Classification processing (at least 90% accurate) Classification advice to managers Application of new standards Review of appeal packages Pay administration (FLSA, premium pay, etc.) Advice to employees (appeals, grievances) Train managers Some managers have said “If I’m doing the classification, what does the CPAC Classifier do?” This slide shows the various classification functions that are performed by the HR Classification Advisor.

Classification Decisions DCA Manager Classification Decisions CPAC HR Classification Advisor Decisions Are duties accurately described in the PD with estimates of the percentage of time Is the PD in the proper format? What is the proper pay system? What is the proper series? What is the proper grade? What is the proper title? Ensure PDs are in the proper format, verifies accuracy Advise managers on pay system, series, grade, title Fair Labor Standards Act Competitive levels and position other codes The left hand column lists the kinds of decisions the DCA Manager must make. The right hand column lists the kinds of decisions and activities carried out by the CPAC classification advisor.

About Delegation of Classification Authority Memo dated November 17, 1997 Delegation to commanders who may delegate through management chain to the lowest practical level Managers must complete required training DCA managers must follow the law, published classification standards, OPM/DoD appeal decisions, etc. Certain restrictions (i.e., cannot classify your own position) When manager does not have authority, CPAC classifies position The 1997 memo establishes the Army policy regarding delegated classification within the agency. Some of the memo’s key points are reflected beneath The DA memo also outlines some restrictions. For example, a supervisor may not upgrade the base level of his/her employees in order to force an upgrade of his/her own position.

Organizational design considerations Balancing Economy & Efficiency Organizational design considerations Use the lowest grades feasible to accomplish the mission Normally provide for career progression Eliminate excessive layers of supervision Avoid assignment of employees to position descriptions that do not match the work assigned and performed Supervisors and managers have always had responsibility for accomplishing their missions by designing their organizational structures and assigning duties and responsibilities to their positions. It has always been, and will continue to be, a balancing act between the most efficient organizational design versus the most economical design. This slide identifies some of the issues that should be considered when designing organizations and position structures.

About Job Design Job design is a supervisory responsibility. It is essential for Delegated Classification Authority Job design involves deciding how the work of your organization will be distributed among the positions you are authorized Grouping duties and responsibilities in different ways can result in differences in the classification of those positions (e.g., pay system, title, series, and grade The key point on this slide is that job design is a management responsibility. This is because supervisors are responsible for assigning duties and responsibilities to each position. Knowing the principles underlying job design is important for those who have Delegated Classification Authority.

Why is Job Design Important? Good Design Enhances organizational effectiveness Aids in retaining employees Bad Design Increases employee turnover Reduces productivity Increases personnel costs This slide reflects some of the benefits of job good design and the disadvantages of poor job design. For example, a job design that involves challenging work and some decision making authority can not only aid in employee retention, but also improve organizational effectiveness.

Characteristics of General Schedule (GS) Covers “white collar” work Grades 1-15; 10 steps per grade Single worldwide base salary Locality differentials Annual general increase General Schedule Characteristics of General Schedule.

Characteristics of Federal Wage System Covers “blue collar work” WG for non-supervisory positions WL for leaders WS for supervisors Locality rates FWS Characteristics of FWS.

GS Career Patterns P A T C O Professional/ Administrative Both include 2-grade interval work Technician/Assistant Both include 1-grade interval work Clerical Includes 1-grade interval work Other Includes 1-or 2-grade interval work P A T C O These are the 5 PATCO categories displayed by the their career patterns. Understanding how OPM categorizes work is important in the classification process.

Position Descriptions Decisions made about job design are documented in Position Descriptions (PDs) Managers use FASCLASS (Fully Automated System for Classification) to create PDs FASCLASS is a library housing all civilian PDs in the Army Use caution when relying on FASCLASS PDs; some contain classification errors FASCLASS can be accessed through: CPOL/References & Tools/ Position Classification You may want to demonstrate FASCLASS if time permits and a PC is readily is available.

Typical GS Grading Patterns Prof/Admin Grades 5/7/9/11/12/13/14/15 Referred to as 2-grade interval work GS-13/14 usually found at HQs/Command levels Tech/Asst Grades 4/5/6/7/8 Referred to as 1-grade interval work GS-8 is unusual GS-4/5 typically involve information gathering GS-6/7 typically support 2-grade interval specialists Clerical Grades 1/2/3/4/5/6 GS-1/2/3 involved in filing, processing forms GS-4/5 involved in problem solving GS-5/6 involve clerical specialization, leading other clerks

Job Evaluation Major Duty Represents the essential and basic reason for the position, either: 25% of the employee’s time (GS only), OR Requires a significant knowledge, skill, or ability that would influence recruitment Work is regular and recurring Give some emphasis to major duty. Note: a major duty can be less than 25% if it controls KSAs. A good example is a Secretary (Stenography), who uses steno skills only 10% of the time, or Spanish language requirement for an Hispanic EEO Coordinator.

Job Evaluation What is Regular and Recurring? Not emergency Not acting in the absence Typically scheduled (every day, every week, etc.) Grade-controlling for FWS, but use caution when low % of time Explain what is meant by regular and recurring. It’s also referred to as regular and continuing. Formal work schedules or production logs provide evidence for regular and recurring. Regular and recurring is NOT acting in the absence of employees who randomly use AL or SL. However, performing duties every other Friday because of an alternate work schedule would be considered regular and recurring. For FWS positions, there is no % of time required for a major duty. The only requirement is that the work be regular and recurring. However, low % of time, like 5% or less, should be examined carefully. More than likely the duty is a task rather than a major duty and could be absorbed in a larger major duty paragraph in the PD, or not described at all.

Job Evaluation Grade Controlling Work which supports the grade or pay level of the position In GS, must be at least 25% or more of the employee’s time In FWS, must be regular and recurring Grade Controlling Spend a little time contrasting FWS and GS grade-controlling rules. Make the basic definition of grade-controlling work is understood: Work performed that represents the overall grade of the position . For example, if a position performs a combination of GS-5 and GS-6 level work, then the duties performed at the GS-6 level represent the grade-controlling work. This is because we classify to the highest level of work performed that is at least 25% of the time (GS) or regular and recurring (FWS).

About Classification Standards Published by OPM at http://www.opm.gov Based on Title 5 Describe work covered by the standard/guide Provide for determination of pay system, title, series, and grade Point out that OPM publishes all federal classification standards and guides. DoD and DA publish a few agency references such as DCIPS, certain COE classification standards, or NAF guides.

Fair Labor Standards Act (FLSA) Passed in 1938 for private sector Applied to Federal Government in 1974 OPM administers FLSA for Federal employees Two categories: Exempt: not covered by FLSA overtime and minimum wage provisions (see 5 CFR Ch 550) Nonexempt: covered by FLSA overtime and minimum wage provisions (see 5 CFR Ch 551) Quickly go over the background of FLSA. Point out that FLSA is primarily concerned with OT computation, but there are other provisions in the law as well (e.g., child labor restrictions). Emphasize that all supervisors, including DCA managers, need to understand the fundamentals of FLSA. The primary outcome of FLSA is the determination of whether or not a position is covered or not covered by the provisions of FLSA.

Rules for Exempt and Nonexempt employees differ in: Why Should You Care? Rules for Exempt and Nonexempt employees differ in: Rights/options of employees How OT payment is calculated What counts as “hours of work”, especially travel and training activities Latitude of management in directing comp time in lieu of OT payment This slide highlights the major reasons why supervisors and managers should care about how the FLSA is applied.

FLSA Provisions Overtime provision (1.5 X regular rate ) GS employees can request compensatory time; Nonexempt employees cannot be ordered to take comp time FWS employees: may earn comp time, but check your labor agreement Suffer or permit doctrine Point out that OT under FLSA is calculated as 1.5 times the employee’s regular rate of pay. All GS employees may request comp time in lieu of OT. However, supervisors/managers CANNOT order nonexempt employees to take comp time. For example, a supervisor may have a limited OT budget. He/she may order his/her Exempt employees (e.g., GS-11 Budget Analysts) to work comp time for a particular project, but must offer OT to his/her Nonexempt employees (e.g., GS-5 Budget Assistants) who support the project. It is permissible to approve comp time for Nonexempt employees if they request it. One on of the most important provision of FLSA concerns the “suffer or permit doctrine.” The following slide will go into more detail about this doctrine. Be careful with FWS employees. Prior to changes in 2007, FWS employees were not permitted to request comp time. Some labor agreements have not been renegotiated to reflect that change.

What is “Suffer and Permit”? Any work the supervisor allows a Nonexempt employee to perform is counted as work: Supervisor need not order or authorize Sufficient that supervisor has reason to believe work was performed Nonexempt employees are entitled to OT compensation, unless they request comp time Spend a little time on this slide to ensure it is understood that managers can’t simply allow Nonexempt employees to perform work that goes beyond their normal tour of duty without being compensated. This includes knowingly letting them work through their lunch hour. To do so leaves the supervisor vulnerable to FLSA back pay claims at a later date. Example: Employee works late or on the weekend and puts completed work in supervisor's "in box"

Positions that are always Nonexempt FLSA Quick Tests Positions that are always Nonexempt GS-8 and below Trainee positions (GS-5/7/9) Wage Grade and Wage Leaders Here are some quick rules that can be used to determine Nonexempt positions.

Bottom Line…… Commanders/Directors delegated classification authority: must assure compliance with statutory and regulatory requirements for accurate description and grading of civilian positions take action to correct inaccurate classification, misassignment of employees to inappropriate position descriptions, or other error conditions Establish procedures for assessing program trends Approving the classification of a position has the effect of approving the expenditure of funds Army requires classification programs maintain a position description and job grading accuracy rate of 90%