5 U.S.C. § 5345 — Untitled legal text

Page 608 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 5345 [§ 5345. Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221] Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment. A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for po- sition classification appeals, was omitted in the gen- eral amendment of this subchapter, and is covered by section 5346(c) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such ef- fective date not to have such pay reduced or termi- nated and, unless section 5362 applies, employee is enti- tled to continuation of such pay, etc., see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title. § 5346. Job grading system (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 sub- chapter applies. In carrying out this subsection, the Office shall— (1) establish the basic occupational aline- ment and grade structure or structures for the job grading system; (2) establish and define individual occupa- tions and the boundaries of each occupation; (3) establish job titles within occupations; (4) develop and publish job grading stand- ards; 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 occu- pation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occu- pation and grade consistently with published standards, it shall, after consultation with ap- propriate 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, dis- bursing, and accounting officials. (c) On application, made in accordance with regulations prescribed by the Office, by a pre- vailing rate employee for the review of the ac- tion of an employing agency in placing his posi- tion in an occupation and grade for pay pur- poses, the Office shall— (1) ascertain currently the facts as to the du- ties, responsibilities, and qualification re- quirements of the position; (2) decide whether the position has been placed in the proper occupation and grade; and (3) approve, disapprove, or modify, in accord- ance with its decision, the action of the em- ploying 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 cer- tificate, and the certificate is binding on all ad- ministrative, 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 Notes AMENDMENTS 1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respec- tively, wherever appearing. 1972—Subsecs. (a), (b). Pub. L. 92–392 added subsecs. (a) and (b). Subsec. (c). Pub. L. 92–392 designated existing provi- sions 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 po- sition’’, 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 Subsidiaries EFFECTIVE 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. § 5347. Federal Prevailing Rate Advisory Com- mittee (a) There is established a Federal Prevailing Rate Advisory Committee composed of— (1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be ap- pointed by the Director of the Office of Per- sonnel Management for a 4-year term; (2) one member from the Office of the Sec- retary of Defense, designated by the Secretary of Defense; (3) two members from the military depart- ments, designated by the Director of the Office of Personnel Management; (4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military depart- ment, and the Office of Personnel Manage- ment); (5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and