FEDERAL · 5 U.S.C. · Chapter 51
Basis for classifying positions
5 U.S.C. § 5106
Title5 — Government Organization and Employees
Chapter51 — CLASSIFICATION
This text of 5 U.S.C. § 5106 (Basis for classifying positions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
5 U.S.C. § 5106.
Text
(a)Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.
(b)Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.
(c)Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, s
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Related
Jefferson Wilson v. Merit Systems Protection Board
807 F.2d 1577 (Federal Circuit, 1986)
Charles Albert v. The United States
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446 F. Supp. 149 (District of Columbia, 1978)
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362 F. Supp. 914 (S.D. New York, 1973)
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349 F.3d 162 (Third Circuit, 2003)
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Source Credit
History
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 453.)
Editorial Notes
In subsection (c), the prohibition is restated in positive form. The words "to pay" are substituted for the words "to pay the compensation of". The words "the group, section, bureau" are omitted as included in the words "the organization unit". The word "actually" in the phrase "of the supervision exercised" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Bluebook (online)
5 U.S.C. § 5106, Counsel Stack Legal Research, https://law.counselstack.com/usc/5/5106.