[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29828]
[[Page Unknown]]
[Federal Register: December 5, 1994]
VOL. 59, NO. 232
Monday, December 5, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 300, 550, 752, 771, 831, and 842
RIN 3206-AG37
Agency Administrative Grievance System
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The U.S. Office of Personnel Management (OPM) is proposing to
abolish regulations at 5 CFR Part 771 on the agency administrative
grievance system (AGS). This change would implement a human resources
management recommendation under Vice President Al Gore's National
Performance Review (NPR). This change also would be consistent with
OPM's initiative under the NPR to sunset the Federal Personnel Manual
(FPM), which included abolishing FPM Chapter 771 on the AGS as of
December 31, 1993.
DATES: Comments must be received on or before January 4, 1995.
ADDRESSES: Written comments may be sent or delivered to Marjorie A.
Marks, Chief, Family Programs and Employee Relations Division, Office
of Labor Relations and Workforce Performance, U.S. Office of Personnel
Management, Room 7412, 1900 E Street NW, Washington D.C. 20415.
FOR FURTHER INFORMATION CONTACT:
Gary D. Wahlert (202) 606-2920.
SUPPLEMENTARY INFORMATION: The National Performance Review was issued
on September 7, 1993. Appendix C to the NPR is entitled Major
Recommendations Affecting Governmental Systems and includes a number of
recommendations concerning reinvention of human resources management.
One recommendation, HRM08, stated that agencies should ``improve
processes and procedures established to provide workplace due process
for employees'' and elaborated that ``[a]ll agencies should establish
alternative dispute resolution methods and options for informal
disposition of employment disputes.'' Among other things, the
recommendation specifies that ``[t]he Director of the Office of
Personnel Management (OPM) should eliminate by December 1994, all
regulations governing internal agency grievance and appeal procedures,
thus freeing agencies to tailor ADR [or alternative dispute resolution]
techniques to various situations.''.
The proposed abolishment of the AGS regulations does not preclude
agencies from continuing their AGS procedures established under Part
771 to resolve workplace disputes. It merely means that the mandatory
requirement for such procedures would cease to exist. Thus, agencies
would be free to continue their AGS procedures, modify them, or
eliminate them depending on the needs of their organizations. As
suggested by the NPR, agencies could take the opportunity to use ADR
techniques in helping resolve disputes in the workplace. Tried and
proven techniques such as mediation and facilitation, to name only two
of many possibilities, may be used in this regard. In addition,
elimination of the restrictions contained in the current regulations
affords agencies even more flexibility to design and operate
appropriate workplace dispute resolution procedures. OPM's Office of
Labor Relations and Workforce Performance will be available upon
request to assist agencies in exercising their new flexibility in this
important area of human resources management. In this role, OPM
endorses and is guided by the NPR which states that ``[w]orkplace
problems which are not resolved in a timely and sensitive way impair
productivity and morale and impede mission accomplishment.''
Conforming Amendments
OPM also proposes to delete references to Part 771 as they appear
elsewhere in title 5 of the Code of Federal Regulations. In those
cases, the languages would be modified to refer generically to
``administrative'' grievances or grievance systems to reflect the fact
that agencies may have administrative grievance systems even though
they would no longer technically be established under Part 771, i.e., 5
CFR 300.104(c)(2), 550.803, 752.203(f), 831.204(e)(2), and
842.106(e)(2). Likewise, other current references to ``administrative''
grievances in title 5 (and not also referring to Part 771) would remain
unchanged, i.e., 5 CFR 511.607(a)(1) and 550.804(b)(1).
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it applies
only to Federal employees.
List of Subjects
5 CFR Part 300
Freedom of information, Government employees, Reporting and
recordkeeping requirements, Selective Service System.
5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
5 CFR Part 752
Administrative practice and procedure, Government employees.
5 CFR Part 771
Administrative practice and procedure, Government employees.
5 CFR Part 831
Administrative practice and procedure, Alimony, Claims, Disability
benefits, Firefighters, Government employees, Income taxes,
Intergovernmental relations, Law enforcement officers, Pensions,
Reporting and recordkeeping requirements, Retirement.
5 CFR Part 842
Air traffic controllers, Alimony, Firefighters, Government
employees, Law enforcement officers, Pensions, Retirement.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM proposes to amend title 5 of the Code of Federal
Regulations as follows:
PART 300--EMPLOYMENT (GENERAL)
1. The Authority citation for part 300 continues to read as
follows:
Authority: 5 U.S.C. 552, 3301, and 3302; E.O. 10577, 3 CFR 1954-
1958 Comp., page 218, unless otherwise noted.
Secs. 300.101 through 300.104 also issued under 5 U.S.C. 7201,
7204, and 7701; E.O. 11478, 3 CFR 1966-1970 Comp., page 803.
Secs. 300.401 through 300.408 also issued under 5 U.S.C.
1302(c), 2301, and 2302.
Secs. 300.501 through 300.507 also issued under 5 U.S.C.
1103(a)(5).
Sec. 300.603 also issued under 5 U.S.C. 1104.
2. In Sec. 300.104, paragraph (c)(2) is revised to read as follows:
Sec. 300.104 Appeals, grievances and complaints.
* * * * *
(c) * * *
(2) Except as provided in paragraph (c)(1) of this section, an
employee may file a grievance with an agency when he or she believes
that an employment practice which was applied to him or her and which
is administered or required by the agency violates a basic requirement
in Sec. 300.103. The grievance shall be filed and processed under an
agency grievance system, if applicable, or a negotiated grievance
system as applicable.
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart H--Back Pay
3. The authority citation for subpart H of part 550 continues to
read as follows:
Authority: 5 U.S.C. 5596(c); Pub. L. 100-202.
4. In section 550.803, the definition of ``grievance'' is revised
to read as follows:
Sec. 550.803 Definitions
* * * * *
Grievance has the meaning given that term in section 7103(a)(9) of
title 5, United States Code, and (with respect to members of the
Foreign Service) in section 1101 of the Foreign Service Act of 1980 (22
U.S.C. 4131). Such a grievance includes a grievance processed under an
agency administrative grievance system, if applicable.
* * * * *
PART 752--ADVERSE ACTIONS
5. The authority citation for part 752 continues to read as
follows:
Authority: 5 U.S.C. 7504, 7514, and 7543.
6. In section 752.203, paragraph (f) is revised to read as follows:
Sec. 752.203 Procedures
* * * * *
(f) Grievances. The employee may file a grievance through an agency
administrative grievance system (if applicable) or, if the suspension
falls within the coverage of an applicable negotiated grievance
procedure, an employee in an exclusive bargaining unit may file a
grievance only under that procedure. Sections 7114(a)(5) and 7121(b)(3)
of title 5 U.S.C., and the terms of any collective bargaining
agreement, govern representation for employees in an exclusive
bargaining unit who grieve a suspension under this subpart through the
negotiated grievance procedure.
* * * * *
PART 771--AGENCY ADMINISTRATIVE GRIEVANCE SYSTEM [Removed]
7. Part 771, consisting of Secs. 771.101 through 771.205, is
removed.
PART 831--RETIREMENT
8. The authority citation for part 831 continues to read as
follows:
Authority: 5 U.S.C. 8347: Sec. 831.102 also issued under 5
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a;
Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2);
Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2);
Sec. 831.204 also issued under section 7201(m)(2) of the Omnibus
Budget Reconciliation Act of 1990, Pub. L. 105-508, 104 Stat. 1388-
339; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2);
Sec. 831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also
issued under section 1(3), E.O. 11228, 3 CFR 1964-1965 Comp.;
Sec. 831.663 also issued under 5 U.S.C. 8339(j) and (k)(2);
Secs. 831.664 also issued under section 11004(c)(2) of the Omnibus
Budget Reconciliation Act of 1993, Pub. L. 103-66; Sec. 831.682 also
issued under section 201(d) of the Federal Employees Benefits
Improvement Act of 1986, Pub. L. 99-251, 100 Stat. 23; subpart S
also issued under 5 U.S.C. 8345(k); subpart V also issued under 5
U.S.C. 8343a and section 6001 of the Omnibus Budget Reconciliation
Act of 1987, Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also
issued under section 7001(a)(4) of the Omnibus Budget Reconciliation
Act of Pub. L. 101-508; 104 Stat. 1388-328.
9. In Sec. 831.204, paragraph (e)(2) is revised to read as follows:
Sec. 831.204 Elections of retirment coverage under the Portability of
Benefits for Nonappropriated Fund Employees Act of 1990.
* * * * *
(e) * * *
(2) The procedures must not allow review under any employee
grievance procedures, including those established by chapter 71 of
title 5, United States Code.
* * * * *
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY
10. The authority citation for part 842 continues to read as
follows:
Authority: 5 U.S.C. 8461(g); Sections 842.104 and 842.106 also
issued under 5 U.S.C. 8461(n); Sec. 842.105 also issued under 5
U.S.C. 8402(c)(1) and the 7701(b)(2); Sec. 842.106 also issued under
sec. 7202(m)(2) of the Omnibus Budget Reconciliation Act of 1990,
Pub. L. 101-508, and 5 U.S.C. 8402(c)(1); Sections 842.604 and
842.611 also issued under 5 U.S.C. 8417; Section 842.607 also issued
under 5 U.S.C. 8416 and 8417; section 842.614 also issued under 5
U.S.C. 8419; section 842.615 also issued under 5 U.S.C. 8418;
Sec. 842.703 also issued under sec. 7001(a)(4) of the Omnibus Budget
Reconciliation Act of 1990, Pub. L. 101-508; section 842.707 also
issued under section 6001 of the Omnibus Budget Reconciliation Act
of 1987, Pub. L. 100-203; section 842.708 also issued under section
4005 of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-
239 and section 7001 of the Omnibus Budget Reconciliation Act of
1990, Pub. L. 101-508; subpart H also issued under 5 U.S.C. 1104.
11. In Sec. 842.106, paragraph (e)(2) is revised to read as
follows:
Sec. 842.106 Elections of retirement coverage under the Portability of
Benefits for Nonappropriated Fund Employees Act of 1990.
* * * * *
(e) * * *
(2) The procedures must not allow review under any employee
grievance procedures, including those established by chapter 71 of
title 5, United States Code.
* * * * *
[FR Doc. 94-29828 Filed 12-2-94; 8:45 am]
BILLING CODE 6325-01-M
