FEDERAL · 5 U.S.C. · Chapter 51
Review of classification of positions
5 U.S.C. § 5110
Title5 — Government Organization and Employees
Chapter51 — CLASSIFICATION
This text of 5 U.S.C. § 5110 (Review of classification of 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. § 5110.
Text
(a)The Office of Personnel Management, from time to time, shall review such number of positions in each agency as will enable the Office to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.
(b)When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the ce
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Related
United States v. Testan
424 U.S. 392 (Supreme Court, 1976)
Seymour A. Kleiman v. Department of Energy
956 F.2d 335 (D.C. Circuit, 1992)
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771 F.2d 1515 (D.C. Circuit, 1985)
Atwell v. Merit Systems Protection Board
670 F.2d 272 (D.C. Circuit, 1981)
Martin Pierce v. Merit Systems Protection Board
242 F.3d 1373 (Federal Circuit, 2001)
Grumbine v. United States
586 F. Supp. 1144 (District of Columbia, 1984)
Johnson v. Merit Systems Protection Board
431 F. App'x 915 (Federal Circuit, 2011)
Proposed Settlement of Diamond v. Department of Health & Human Services
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Lorraine C. Cambric-Gumbs v. Department of the Air Force
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Source Credit
History
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 95–454, title IX, §906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
Editorial Notes
In subsection (b), the words "to which this chapter applies" are omitted as unnecessary in view of section 5102. The words "appropriate officials" and "administrative, certifying, payroll, disbursing, and accounting officials" are substituted for "appropriate officers and employees" and "administrative, certifying, payroll, disbursing, and accounting officers", respectively, to preserve the application to members of the uniformed services who are excluded from the definition of "officer" and "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsecs. (a), (b). Pub. L. 95–454 substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively.
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.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsecs. (a), (b). Pub. L. 95–454 substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively.
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.
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Bluebook (online)
5 U.S.C. § 5110, Counsel Stack Legal Research, https://law.counselstack.com/usc/5/5110.