Washington, DC

U.S. Office of Personnel Management
Job Grading Appeal Decision
Under section 5346 of title 5, United States Code

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Carlos A. Torrico
Acting Classification Appeals and FLSA Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance


10/25/2017

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Date

Introduction

OPM’s Agency Compliance and Evaluation accepted a job grading appeal from Mr. Daniel L. McDonald, whose job is currently graded as Engineering Equipment Operator, WG-5716-9.  However, he believes his job should be graded at the WG-10 level.  The job is located at the Bear Lake National Wildlife Refuge (BLNWR), Fish and Wildlife Service (FWS), Southeast Region, U.S. Department of the Interior (DOI), in Bear Lake, Idaho.  We have accepted and decided this appeal under section 5346 of title 5, United States Code (U.S.C.).

In reaching our decision, we carefully considered all information gained through interviews with the appellant and his supervisor, as well as documents submitted by the appellant and his agency.

General issues

The appellant makes various statements about his agency’s classification of his job description (JD); asserts they failed to fully consider the complexity and volume of work he performs; and compares his job to a higher-graded job within his agency.  In adjudicating this appeal, our responsibility is to make our own independent decision on the proper grading of the appellant’s job.  By law, we must make that decision solely by comparing his current duties and responsibilities to the appropriate job grading standards (JGS) (5 U.S.C. 5346).  Since comparison to JGSs is the exclusive method for grading jobs, we cannot compare the appellant’s job to others that may or may not be properly graded as a basis for deciding his appeal.  Because our decision sets aside all previous agency decisions, the appellant’s concerns regarding his agency’s job grading review process are not germane to this decision.  In addition, volume of work cannot be considered in determining the grade of a job (The Classifier’s Handbook, Chapter 5).

Although the appellant’s supervisor certified to the accuracy of the appellant’s standard JD number S000408, the appellant believes it is inaccurate because it fails to address his duties working in varied terrain, and performing work in other occupations including truck driving and applying pesticides.  A JD is the official record of the major duties and responsibilities assigned to a position by a responsible management official with authority to assign work to a position.  A job is the duties and responsibilities that make up the work performed by an employee.  Job grading appeal regulations permit OPM to investigate or audit a job and decide an appeal on the basis of the actual duties and responsibilities assigned by management and performed by the employee.  An OPM appeal decision grades a real operating job and not simply the JD.  Therefore, this decision is based on the actual work assigned to and performed by the appellant and sets aside any previous agency decision.

Job information

BLNWR was established by the U.S. Department of the Interior in 1968 and consists of approximately 18,000 acres.  Thomas Fork Wetland Enhancement Project (TFWEP), which is a separate refuge from BLNWR, is a 1,015-acre wildlife reserve located 20 miles to the east of BLNWR on the Idaho/Wyoming border, with its eastern boundary being the Wyoming State line.  The appellant works on both the BLNWR and TFWEP.  The installations include scattered grasslands, brush-covered mountain slopes, bogs and wetlands which serve as habitat for waterfowl and migratory birds and are accessed by approximately 23 miles of dikes and 5 miles of public roads constructed primarily of earth, stone, and gravel.

The appellant transports and operates a variety of medium to heavy-duty, gasoline and diesel-powered, wheeled and crawler-type construction equipment (i.e., bulldozer, grader, tractor-trailer truck, crawler, dump truck, side and bottom dump trailers) to move, dig, backfill, shape, or grade earth and other materials to modify, repair, and maintain existing roads, trails, dykes, culverts, drainage ditches, ponds, and fire breaks (i.e., a strip of open space in a forest or field used as an obstacle to the spread of fire) within BLNWR and TFWEP.  On areas where terrain is wet/boggy, he uses mats or similar devices when operating machinery (e.g., crawler or excavator) to prevent heavy equipment from sinking or getting stuck.  He operates farm tractors and a variety of related attachments (e.g., post-hole digger, scrape blade, box blade, bush hog, and bat-wing mowing deck) to maintain and repair fence lines and banks and to control the growth of vegetation in fields and drainage ditches and to disk, chop, mow, rotovate (i.e., mechanically break up an area of ground), dig, and load soil and surface roads and parking lots.

The appellant performs a variety of scheduled and intermittent maintenance checks and service (e.g., change fluids and filters, lubricate, and perform safety checks) on a variety of equipment and attachments (e.g., farm tractor, pickup truck, side and bottom dump trailers, and batwing mower), including repair and maintenance requiring the dismantling and replacement of mechanical and electrical components (e.g., remove and replace radiators, hydraulic tanks, alternators, and tracks).  He replaces worn items (e.g., excavator teeth), performs daily preventative maintenance (e.g., checks oil and coolant levels and checks for fluid and air leaks), makes minor repairs and adjustments to equipment and attachments, and refuels equipment as needed and before long-term storage, e.g., replacing chains, belts, and cables, lubricating and changing oil and filters, and checking batteries and doing safety inspections.

The appellant uses chemical sprays, machines, and other techniques such as fire to prevent invasive weeds and plants from entering the preserve.  The appellant also manages daily equipment usage and maintenance records and logs for all equipment and attachments he operates and inputs all equipment service and maintenance data in the Service Asset Maintenance Management System (SAMMS) database.

Occupation, title, and standard determination

The appellant’s job involves performing work in several wage grade occupations.  Guidance in Section III of the Introduction to the Federal Wage System Job Grading System states that jobs requiring the performance of work in two or more occupations are coded to the occupation that is most important for recruitment, selection, placement, promotion, or reduction-in-force purposes.  This is ordinarily the occupation having the highest skill and knowledge requirements.

According to documents and statements provided by the appellant, his direct supervisor, and his agency, we find the type of work typically performed by the appellant by occupational series, and the approximate percentage of time spent on each type of work, are as follows:

• Approximately 70 percent of his time is spent performing work associated with Engineering Equipment Operator, 5716.  This series covers nonsupervisory work involving the operation of gasoline or diesel-powered engineering and construction equipment with wheeled or crawler type traction such as graders, tractors with bulldozer or angle-dozer blades, front-end loaders, backhoes, trench diggers, and large industrial tractors with pan or scraper attachments to perform such functions as cutting, moving, digging, grading, and rolling earth, sand, stone, and other materials, and to maintain ditches, road shoulders and beds, and fire-lines.

• Approximately 10 percent of his time is spent performing work related to  Tractor Operating, 5705, and Motor Vehicle Operating, 5703, which cover the operation of tractors and attached or towed equipment and the operation of gasoline, diesel, or electric powered vehicles to haul cargo or passengers or to tow equipment, respectively.

• Approximately 10 percent of his time is spent performing work associated with Pest Controlling, 5026, which covers the control and prevention of insect, vertebrate, and plant pests such as weeds, plant diseases, and fungi.

• Approximately 10 percent of his time is spent performing work associated with Maintenance Mechanic, 4749, and particularly Carpentry, 4607, and Electrician, 2805, duties.  The 4749 series includes occupations dealing with the maintenance and repair of grounds, exterior structures, buildings, and related fixtures and utilities requiring the use of a variety of trade practices associated with occupations such as carpentry, masonry, plumbing, electrical, air conditioning, cement work, painting, and other related trades.

Based on our analysis of the types and percentages of work typically performed by the appellant, as well as documents and statements from the appellant’s agency and supervisor, we find his 5716 duties are considered the most important with regard to recruitment, selection, placement, promotion, and/or reduction-in-force purposes, and have the highest skill and knowledge requirements.  While the appellant performs some duties in other occupations on a regular and recurring basis (e.g., Tractor Operating), some of the duties performed in other occupations are done on an intermittent, irregular basis as needed (e.g., pest controlling, carpentry, and electrical).  Since none would exceed the grade 9 level, and are not paramount in terms of the personnel actions noted above, we find they are neither grade nor series controlling and thus have not separately evaluated them in this decision.  We concur with the agency’s coding of his work to the Engineering Equipment Operator Series, 5716, and the appellant does not disagree.  The authorized title for nonsupervisory jobs in the 5716 series is Engineering Equipment Operator.  Our evaluation of the appellant’s job by application of the grading criteria in the 5716 JGS follows.

Grade determination

The 5716 JGS describes work at the grade 8, 10, and 11 levels.  If a job differs substantially from the skill, knowledge, and other work requirements described in the grade levels, it may be graded either above or below the described grades based on application of sound job grading principles.  The 5716 JGS uses four factors to determine the grade level of a job:  Skill and Knowledge, Responsibility, Physical Effort, and Working Conditions.  No single factor is considered by itself, but only in relation to its impact on the other factors.  A job is placed in the grade that best represents the overall demands of the work.  A factor level must be fully met before it may be credited.

General

Grade 8 employees operate one or more types of heavy equipment to push, pull, pile, or load materials such as sand, gravel, earth, coal, or refuse.  For example, the operators use equipment which is fitted with a front-end loader to maneuver to a specific spot to transfer material into a dump truck.  They operate a bulldozer or angle-dozer in a refuse dump by maneuvering the equipment to push refuse into an open pit and cover with earth.  They clear brush, tree stumps, and rocks.  They adjust the attachments for proper level, angle, or depth according to the work to be done and the type of equipment used.  Work is generally done on flat or rolling terrain, refuse dumps, and construction sites with simple terrain problems.

Grade 10 employees operate one or more types of heavy equipment to excavate, backfill, grade, or level earth to rough specifications on such projects as breaking new ground for trails, roads, canals, tunnels, or construction sites.  They move earth on mountains and steep slopes, graded curves and shoulders, rocky or soft ground, hilly forests, and other surfaces with similar rough features.  They grade surfaces, compact soils, or roll to exact specifications on flat or rolling terrain.  Grade 10 employees adjust attachments for proper positioning and working order, usually making adjustments without stopping the power unit or the equipment, and steer and operate engineering equipment by using clutches, levers, brakes, and valves according to the slope or tilt.  They operate close to buildings, trees, drop-offs, rocks, or other obstructions.  The work is considered to be more complicated than that described at grade 8 because of the increased operating complexity of the equipment and the requirement to operate on all types of terrain.  While surfacing to fine specifications requires more "touch," it is done on terrain similar to that described at grade 8.

Factor 1, Skill and Knowledge

Grade 8 work requires the operator to know the uses of the different sets of controls or operation of the equipment and attachments and be skilled in handling these controls.  Frequently, these different controls are handled at the same time, requiring good hand, foot, and eye coordination.  The operators are required to have a basic knowledge of the nature of the soil and features of the terrain to determine the proper approach according to the condition of the surface and subsurface.  The operators must be able to move the equipment about in confined areas.

At grade 10, operators must have more skill than at grade 8 in order to grade surfaces to rough or fine specifications by adjusting attachments while the vehicle is in motion and on all types of terrain.   In addition to the hand, foot, and eye coordination required at grade 8, good depth perception and a high degree of concentration are required to perform the operations necessary to grade the surface.  Operators are required to have more knowledge of a variety of soil composition and conformation than outlined at grade 8, as well as more knowledge of the purpose and limitations of a greater variety of attachments.

The skill and knowledge required to perform the appellant’s typical work exceed grade 8 but does not fully meet grade 10.  While he operates a variety of heavy equipment to grade surfaces to rough specifications, adjusts attachments while the vehicle is in motion, and sometimes deals with boggy terrain and unstable surfaces, unlike grade 10 the ground he works on is fairly level including dikes, culverts, and public roads.  In contrast to grade 10, he does not perform his duties on all types of terrain typical of that level such as on mountains and steep slopes, hilly forests, and rocky ground.  While he maintains and modifies roads at the installation, he is not involved in breaking ground at new construction sites or cutting new roads, canals, or tunnels.  Given that the appellant’s work exceeds grade 8 but does not require the full knowledge and skill typical of grade 10, we assign the intervening grade 9 for this factor.

Skill and Knowledge is evaluated at grade 9.

Factor 2, Responsibility

At grade 8, operators follow oral instructions or written work orders concerning the location of the job and the work to be done. The work is performed largely without direct supervision.  They operate the equipment in a safe manner according to safety rules and regulations and use the equipment properly so that it is not damaged.  They must remain constantly alert and operate the equipment carefully, especially when close to other persons, buildings, etc., to prevent injury to others and damage to the equipment.

At grade 10, the operators follow oral instructions or written work orders as described at grade 8.  However, the operators perform the more difficult tasks of rough grading the earth to the general contour desired as well as fine surfacing on flat or rolling terrain.  Work is performed without direct supervision.  The responsibility for the safe operation of the equipment and for seeing the equipment is not damaged is greater at this grade because of the requirement to work on rough terrain.

The level of responsibility required to perform the appellant’s work exceeds grade 8 but does not fully meet grade 10.  Similar to grade 10, the appellant knows and prioritizes his work and follows oral and written work orders, performing his duties without direct supervision. Also like grade 10, he uses a variety of heavy equipment to grade surfaces to rough specifications and exercise greater caution than would be expected at grade 8 due to variations in terrain, soils, and soil compaction.  However, although the appellant regularly operates heavy machinery on narrow roads and dykes with varying soil and sub-soil conditions,  his work does not involve responsibility for regularly operating heavy equipment on the type of rough terrain indicative of grade 10 (i.e., mountains and steep slopes, graded curves and shoulders, rocky or soft ground, hilly forests, and other surfaces with similar rough features), where there is typically a higher likelihood of injury to personnel and damage to equipment.  Because the appellant’s level of responsibility exceeds grade 8 but falls short of grade 10, we assign the intervening grade 9 to this factor.

Responsibility is evaluated at grade 9.

Factor 3, Physical Effort

At grade 8, heavy physical effort is used by the operators in constantly reaching, bending, turning, and moving hands, arms, feet, and legs to handle different sets of controls to operate the equipment and attachments.  Considerable strain is caused by the constant vibration of the equipment and the jerking and jolting from operating over rough surfaces.  Because of the location of some of the controls and attachments, the operators are frequently required to work in awkward or strained positions.

At grade 10, heavy physical effort is similar to that described at grade 8, but is somewhat more strenuous because of the generally larger pieces of equipment and the requirement for more frequent adjustments under more adverse operating conditions.

The physical effort typically required to perform the appellant’s work exceeds grade 8 but does not fully meet grade 10.  Similar to grade 10, the appellant regularly experiences vibration, strain, and fatigue associated with prolonged operation of larger, heavier equipment (e.g., grader and bulldozer) and attachments (e.g., side-dumb trailer and belly-dump trailer) using hand, eye, and foot controls in awkward positions.  However, although the appellant experiences greater physical stress and strain as a result of regularly operating heavy equipment and attachments on varying terrain, he does not typically do so over all types of rough terrain encountered at the higher level (e.g., steep rocky slopes) and, therefore, is not regularly required to endure the same levels of physical stress and strain envisioned within the context of typical grade 10 work.  Therefore, we find the appellant’s physical effort exceeds grade 8 but falls short of grade 10, and thus assign the intervening grade 9.

Physical Effort is evaluated at grade 9.

Factor 4, Working Conditions,

At grade 8, work is performed in all types of weather, often in an open driver's seat or platform, on hills, slopes, grades, rolling surfaces, and forests.  The operators are exposed to injury due to the possibility of the equipment overturning.  They are subject to noise, vibration, dust, dirt, and fumes from the motor and exhaust.

At grade 10, the operation of larger and more complicated equipment in more difficult circumstances increases the exposure to injury, overturning, noise, and vibration than that described at grade 8.

The skill and knowledge required to perform the appellant’s typical work exceeds grade 8 but does not fully meet grade 10.  Similar to grade 10 working conditions, the appellant operates a variety of more complicated heavy equipment (e.g., grader, tractor trailer truck, side and bottom dump trailers, and bulldozer) with both open and closed cockpits, on relatively narrow roads and dykes constructed on less-than-favorable terrain (e.g., boggy wetlands) in varying weather and working conditions.  In addition, the regular use of heavy equipment on boggy soil increases the possibility of personal injury to the operator or other personnel due to sinking, tipping, or rolling over.  However, the circumstances in which the appellant operates equipment is less difficult and dangerous than the work environment described within the context of grade 10 duties, i.e., new construction, operating heavy equipment to move earth on steep terrain and slopes, graded curves and shoulders, hilly forests, etc.  Therefore, because the appellant’s working conditions exceed grade 8 but do not fully meet grade 10, we assign the intervening grade 9.

Working Conditions is credited at grade 9.

Decision

The appellant’s job is properly graded as Engineering Equipment Operator, WG-5716-9.

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