CSC APPROVAL OF DEMOTION DELAYS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000200090006-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: April 15, 2002
• Sequence Number: 6
• Publication Date: September 23, 1977
• Content Type: MF

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INTERAGENCY ADVISORY GROU
UNITED STATES CIVIL SERVICE COMMISSION
OFFICE OF THE EXECUTIVE DIRECTOR
WASHINGTON, D.C. 20415
Chairman
Raymond Jacobson
Executive Director, CSC
Room 5518, Ext. 26111
Executive Vice-Chairman
Clinton Smith
Room 1304, Ext. 26272
September 23, 1977
TO: Directors of Personnel
FROM: Raymond Ja
Chairman
SUBJECT: CSC Approval c Remotion Delays
Secretariat
Room 1304-1900 E St., N.W.
Code 101, Ext. 26266 or
Area Code 202-632-6266
Attached are the proposed guidelines to implement the Commissionts decision
of August 30, 1977, to extend to all agencies requesting it, administrative
remedies similar to those approved for DREW to delay or avoid demotions.
In that decision, the Commissioners did not approve a proposed Government-
wide moratorium on demotions but concluded that those agencies believing
that their classification or reorganization problems cannot be dealt with
successfully under current CSC procedures should be permitted to request
appropriate administrative relief.
These guidelines incorporate our understanding of the Commissionts decision,
and the comments of the original IAG workgroup and those of union officials
on an initial draft of the guidelines. Before asking the Commissioners to
consider the guidelines formally, I would appreciate any comments you may
wish to make.
Since we hope the Commission will be able to act on the guidelines shortly,
I am asking for your comments by September 30, 1977. They should be
provided to John D. R. Cole, Director, BPME, either in writing or by
phone [phone]).
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GUIDELINES FOR AGENCY REQUESTS TO DELAY OR AVOID DEMOTIONS
I. Purpose of This Temporary Authority
This is a temporary liberalization of the Commission=s instructions in FPM
Chapter 511-7 governing agency requests to delay demotions and the normal
time limitations governing details as described in FPM Chapter 300-8. The
purposes of this temporary authority are to:
- minimize the adverse impact of demotions on employees in an
agency having overgrading problems or in an agency having
such problems as a result of, or in combination with, a
major reorganization;
- correct overgrading when the normal corrective processes would
have a deleterious effect on the agencyts work or would seriously
handicap the initiation or completion of planned organizational
or program changes; and
- insure that the agency's affirmative action plans are not thwarted
by the agency's efforts to place overgraded employees in properly
graded positions.
II. Criteria for Commission Approval of This Authority
A. The agency explains its known overgrading problems or the indicators
that overgrading exists and that the actions usually required to
correct this overgrading, if implemented during the normal time
span, would adversely affect the work of the organization or would,
in combination with other management actions, seriously handicap
the initiation or completion of planned organizational or prog am
changes;
The agency head anticipates a reorganization which will involve
substantial movement of people and positions. (This authority
would not be appropriate in situations where employees are being -
separated through reduction-in-force procedures because such
would probably necessitate reductions in grade); and
B. The agency adopts a forceful program to place overgraded employees
in properly graded positions with a minimum of adverse personal
impact; and
C. The agency head judges that, to the maximum extent possible, the
agency's placement efforts will not have an adverse affect on the
agency's commitment to equal employment opportunity and affirmative
action for minorities and women.
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III. Conditions for Granting This Authority
In the agency's formal request for this authority, the agency head:
A. Explains the operational and personnel management situation which
the agency head believes warrants the granting of the authority;
B. Commits the agency to correct its classification and overgrading
problems by developing corrective action plans to:
- identify, document, and ultimately correct overgraded positions;
- assure the correct classification of existing positions which
become vacant and of newly established positions;
C. Commits the agency to a forceful placement program designed to
achieve the overall objective of placing overgraded or displaced
employees in properly graded positions as early as practicable
before the end of the authorized demotion delay period. Such
programs should be tailored to meet the organizational and personnel
management needs of the agency;
D. Insures that the agency's placement plans take into account those
organizations or occupations where, due to past practices, minorities
or women are underrepresented and authorize exceptions to normal
placement efforts to overcome these identified problems;
E. Affirms that the agency's obligations under Executive Order 11491,
as amended, have been met. Specifically, before the agency implements
a placement plan for a unit represented by a union having exclusive
bargaining rights, the agency has consulted with such union in
developing the placement plan; further, that nothing in an agency's
placement plans conflicts with any negotiated agreements the agency
may have with recognized labor unions. Negotiated placement plans,
however, must meet the essential requirements for systematic
uuLLeeLLUU of overgrading and contain provisions- to insure that the
agency's affirmative action objectives will be rzet.;and
F. Commits the agency to maintain accurate and timely records on over-
graded employees and positions which permit the agency to effectively
manage and report on its placement, classification, and affirmative
action efforts. The Commission will not require agencies to establish
new record keeping procedures for the purposes of this authority,
provided that records of all employee transactions clearly establish
employee rights in accordance with Federal Personnel Manual
instructions.
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IV. Situations Covered By the Demotion Delay and Detail Authority
A Approved demotion delays will cover employees in any one of the
following situations:
1. Employees occupying overgraded positions which were
established and classified before the terminal date
of the authority;
2. Employees who appeal the classification of their positions
if the adjudication of the appeal would result
in a downgrading. The proper grade of the position will
be certified, but the effective date will be suspended
during the delay period. Appeal decisions which result in
a certification to the same or higher grade will be imple-
mented under normal procedures; and
3. Employees who may become subject to demotion as the result
of the issuance of new classification standards.
B;. Extended details will-be authorized to avo:d demotions and the use
of reductions-in-force procedures in situations of major reorgani-
zation. Agency requests to extend details beyond 120 days may be
made separately or in conjunction with a request to delay demotions
resulting from classification errors. The nature and length of
extended details will be approved on the basis of individual agency
justifications for them.
V. Requirements for Agency Requests
Requests for authority to delay demotions or to both delay demotions and to
extend details shall be made to the Director, Bureau of Personnel Management
Evaluation; requests only to extend details shall be made to the Director,
Bureau of Recruiting and Examining, U. S. Civil Service Commission,
Washington, D. C. 20415.
A_ Reouests for Extended Details Only. Requests for extended details
should be made over the signature of the Director of Personnel.
The request should:
1. explain the agency's need for the extentions;
2. specify the period of time requested;
3. explain how the details will be used and for
what purposes; and
4. list the names of the persons the agency proposes
to detail.
This will be considered a blanket request, so individual SF-59's
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B. Requests to Delay Demotions. Requests for this authority shall
be made over the signature of the agency head who shall, in
addition to the information required in Part IIL`
1. Identify the organizations (all or part of the agency)
for which this authority is requested. The agency must
explain the need for such authority agency-wide if the
problems and circumstances which prompt the agency's
request arc confined to only part of the agency;
2. Define the period of delay requested, up to but no
later than December 31, 1979. The length of time
requested should be based on the scope. and severity
of the agency's problems and the placement opportun-
ities likely to occur during the period requested; and
3. Describe the systems the agency will use to manage and
report on the use of this authority and to insure the
proper establishment of employee rights upon termination
of the authorized delay period. The agency should also
describe its internal reporting requirements, the data
to be reported, and the frequency of such reports.
C. Submission of Agency Plans. Agencies are not required to submit
their classification and placement plans at the same time they
request this authority. -Upon approval of such a request, however,
the agency should submit its plans for Commission review as soon
as practicable. This submission delay permits the agency to
fulfill its obligations under Executive Order 11491 and to
develop fully workable plans. Upon review, the Commission may
require changes in the plans to insure that they address the
objectives of this authority. An agency's continued use of
this authority is contingent upon Commission approval of its
plans and the agency's good faith in carrying them out.
VI. Commission Monitoring of This Authority
The Commission will monitor the effectiveness of agency placement and
corrective action plans during the period of authorized demotion delay.
Agencies will be required periodically to furnish information reflecting
their progress in achieving the purposes of this authority. In addition,
the Commission will conduct onsite evaluations of agencies' use of this
authority as necessary.
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