U.S. Office of Personnel Management Variations to Staffing Regulations

NOTICE AND POSTING SYSTEM

Notice of OPM Variations

AGENCIES: THIS NOTICE PROVIDES INFORMATION RELATIVE TO VARIATION REQUESTS. Section 5.1 of civil service rule V requires the Office of Personnel Management to inform agencies about variations which it grants under that rule.

Heads of Departments and Independent Establishments:

1. This notice describes non-precedent-setting variations to staffing regulations granted between July 1, 1995, and September 30, 1995. It also includes a non-precedent-setting variation inadvertently not reported during the last notice period.

Extension of Term Appointments Beyond 4 Years

2. Seven variations were granted to the 4-year service limit for term appointments contained in 5 CFR 316.301:

- On June 5, 1995, a second 2-year extension was granted for 5 Equipment Installers, WG-5301-8, with the Army Materiel Command, Rock Island Arsenal, Illinois, engaged in projects critical to the readiness of the Army.

- On July 18, 1995, a 1-year extension was granted for a Supervisory General Engineer, GS-801-15, with the Department of the Air Force, to direct a major foreign military sales program to the Saudi Arabian Government.

- On July 25, 1995, a 1-year extension was granted for 5 Geologists with the Department of the Interior, Geological Survey, to complete specific geologic projects.

- On August 23, 1995, an extension was granted for a Financial Management Specialist, GG-1160-14, at the Resolution Trust Corporation in Washington, DC, to complete work until December 31, 1995, the agency's sunset date.

- On August 23, 1995, an extension was granted for up to 3 years and 3 months for 3 Clerk-Typists, GS-322-4 at the Defense Mapping Agency in Philadelphia, Pennsylvania, who are providing clerical support during consolidation of the agency's printing and distribution function and subsequent move to St. Louis, Missouri.

- On September 18, 1995, an extension was granted for up to 2 years for 16 employees at Tinker Air Force Base, Oklahoma, to complete the B-1B Deferred Logistics Acquisition Program. The project experienced contract and funding delays.

- On September 22, 1995, a second 2-year extension was granted for an industrial Plant Equipment Inspector, WG-340-11, with the Department of the Army, Rock Island Arsenal, Illinois. The employee is a key member, of a project in Egypt to upgrade their military factory capability to produce high-quality gun mounts.

In keeping with the variation criteria and precedents, each of these variations: avoids unnecessary hardship to the agency that disruption to the project/work in which the employee is involved would cause if a staff change were to occur now; is within the spirit of the term appointment regulation by extending the employment in a manner consistent with the nonpermanent nature of the work; and promotes Government efficiency by enabling expeditious continuation of the project through retention of employees already knowledgeable of the ongoing work.

Correction of Erroneous Appointment

3. One variation was granted to allow retention and full service credit for an employee whose appointment did not meet the requirements of the authority used. Such variation involved an exception to the requirements of 5 CFR 330.101 that positions in the competitive service be filled by one of the methods authorized in civil service law and regulations.

- On August 4, 1995, variation was granted to permit the retention of a GS-7 Secretary (Typing) with the Department of State. On June 14, 1992, the agency erroneously reinstated the employee whose prior service had not conferred competitive status. After the error was discovered, it was determined that the employee would have been within reach competitively for the position at the time the error occurred. Service credit for career tenure and time in grade was granted from the date of initial appointment.

4. One variation was granted as an exception to 5 CFR 330.101 to allow service credit for career tenure and time-in-grade purpose for an employee whose appointment did not meet the requirements of the authority used.

- On August 23, 1995, variation was granted to confer service credit from September 19, 1993, to February 18, 1995, for an employee of the Department of Justice, Bureau of Prisons, Miami, Florida. That individual, who held an excepted appointment which did not confer transferability into the competitive service, was erroneously transferred to a career conditional appointment as an Accounting Technician, GS-525-6. On February 19, 1995, the agency was able to appoint the employee competitively to that position.

5. Section 5.1 of civil service rule V requires that like variations be granted in like circumstances. Therefore, if an agency believes it has a case which parallels one of those described in this notice, a variation may be requested. Agencies are reminded, however, that variation is appropriate only when no other authority exists to remedy the hardship or practical difficulty. All requests for variation must be sent through the headquarters of the agency or department involved and must be transmitted to the Office of Personnel Management for final action. Agencies do not have authority to approve variations.

[SIGNED]

Lorraine A. Green
Deputy Director

Inquiries: Staffing Reinvention Office
Employment Service, (202) 606-0830

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Page created October 16, 1997