How Civil Service Reform Act 1978 Changed Civil Service
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The Civil Service Reform Deed of 1978 (CSRA) is legislation that implemented changes to the construction, management, and employment practices of the federal civil service. The CSRA reaffirmed the merit system selection process of the competitive civil service, decentralized authoritative personnel functions, and codified a number of changes to workforce practices and procedures, including the prohibition of certain discriminatory practices. The New York Times described the CSRA every bit the "most sweeping change in Federal personnel regulations since the Ceremonious Service Human activity of 1883."[1] [two]
Background
The Pendleton Civil Service Reform Act of 1883 eliminated the spoils system of the 19th century, which rewarded individuals for partisan loyalty and service through appointments to regime positions. The legislation ushered in the competitive civil service, a merit-based system for the appointment of federal executive co-operative employees. The new system, overseen by the U.South. Civil Service Commission, allowed individuals to use for regime employment and compete through examinations rather than seek an appointment to a position on the basis of their political ideology or authorities connections. During the late 19th century and early 20th century, members of the competitive civil service gained workers' compensation protections, retirement annuities, and procedural protections confronting removal, which ensured that federal employees could just be fired for only cause.[3] [4]
By the 1970s, federal employees had begun to express dissatisfaction with perceived shortcomings in their procedural protections and discriminatory practices in the workplace. The resulting Civil Service Reform Act of 1978 (CSRA) reaffirmed the merit system selection process, codified commonage bargaining procedures, and identified prohibited practices in the federal workforce, including nepotism and discrimination on the footing of age, sex activity, race, religion, or other specified factors. The legislation also created guidelines for the removal of personnel for unsatisfactory performance and created the Senior Executive Service, a separate tier of administrators "designed to attract and retain highly competent senior executives," according to the legislation. [one] [5] [vi] [7]
The CSRA as well replaced the U.S. Civil Service Commission with the following agencies:[8]
- The U.S. Function of Personnel Direction
The U.S. Role of Personnel Management is tasked with implementing rules to oversee the management of the federal workforce.[one]
- The Merit Systems Protection Board
The Merit Systems Protection Board is responsible for processing employment-related hearings and appeals. According to the Merit Systems Protection Lath website, the Lath "was given new responsibilities to perform merit systems studies and to review the significant actions of OPM. The CSRA also created the Office of Special Counsel (OSC) which investigates allegations of prohibited personnel practices, prosecutes violators of civil service rules and regulations, and enforces the Hatch Act. Although originally established every bit an role of the Board, the OSC now functions independently as a prosecutor of cases earlier the Board.[1] [9]
- The Federal Labor Relations Authority
The Federal Labor Relations Authority is responsible for establishing guidelines and resolving issues related to collective bargaining practices.[1]
Provisions
The Civil Service Reform Act of 1978 (CSRA) included the following provisions:[ane]
Title I—Merit System Principles
The CSRA reaffirmed the merit system selection process for competitive civil service employees and prohibited bigotry on the footing of political affiliation, race, organized religion, national origin, sex activity, marital status, age, or disability.[1]
| " | (1) in guild to provide the people of the United States with a competent, honest, and productive Federal piece of work force reflective of the Nation's variety, and to amend the quality of public service, Federal personnel management should be implemented consistent with merit organization principles and complimentary from prohibited personnel practices; (ii) the merit system principles which shall govern in the competitive service and in the executive co-operative of the Federal Government should be expressly stated to furnish guidance to Federal agencies in carrying out their responsibilities in administering the public business, and prohibited personnel practices should exist statutorily defined to enable Federal employees to avert conduct which undermines the merit system principles and the integrity of the merit system;[1] [10] | " |
Title II—Civil Service Functions; Performance Appraisement; Agin Actions
Championship II established the U.South. Function of Personnel Management to oversee personnel management for civil service employees, created the Merit Systems Protection Lath to process hearings and appeals related to personnel matters, and authorized the Office of the Special Council to investigate alleged prohibited personnel practices. This section also established operation appraisal systems and best practices for employee suspensions.[one]
| " | (3) Federal employees should receive appropriate protection through increasing the authority and powers of the Merit Systems Protection Board in processing hearings and appeals affecting Federal employees; (4) the authority and power of the Special Counsel should be increased so that the Special Counsel may investigate allegations involving prohibited personnel practices and reprisals against Federal employees for the lawful disclosure of certain information and may file complaints against agency officials and employees who engage in such conduct;[1] [10] | " |
Title Three—Staffing
Title III put forth provisions related to volunteers, interpretive assistants for deaf employees, probationary periods, training, travel, retirement, veterans' preference, dual pay for retired war machine members, civil service job postings, minority recruitment, and temporary employment.[1]
| " | (five) the part of filling positions and other personnel functions in the competitive service and in the executive co-operative should be delegated in appropriate cases to the agencies to expedite processing appointments and other personnel actions, with the control and oversight of this delegation being maintained by the Role of Personnel Management to protect confronting prohibited personnel practices and the use of unsound direction practices by the agencies;[1] [10] | " |
Title 4—Senior Executive Service
The CSRA created the Senior Executive Service for high-level direction positions.[1]
| " | (6) a Senior Executive Service should be established to provide the flexibility needed past agencies to recruit and retain the highly competent and qualified executives needed to provide more effective management of agencies and their functions, and the more expeditious assistants of the public business organization;[1] [x] | " |
Title V—Merit Pay
The provisions of Title V provided for a pay-for-operation system and incentive pay.[one]
| " | (7) in appropriate instances, pay increases should be based on quality of functioning rather than length of service;[1] [x] | " |
Title VI—Research, Demonstration, and Other Programs
Title 6 authorized the U.Due south. Role of Personnel Management to comport enquiry, sit-in projects, and other programs with the goal of improving personnel management.[ane]
| " | (eight) inquiry programs and demonstration projects should be authorized to permit Federal agencies to experiment, field of study to congressional oversight, with new and different personnel direction concepts in controlled situations to attain more efficient management of the Government'southward human resources and greater productivity in the delivery of service to the public;[one] [10] | " |
Championship VII—Federal Service Labor-Management Relations
The CSRA codified collective bargaining practices for the competitive ceremonious service and allowed for dorsum pay in the case of certain grievances.[1]
| " | (10) the correct of Federal employees to organize, bargain collectively, and participate through labor organizations in decisions which touch them, with full regard for the public interest and the constructive conduct of public business, should be specifically recognized in statute;[one] [10] | " |
Championship VIII—Grade and Pay Retentivity
Title VIII provided for certain form and pay procedures and retraining efforts in order to encourage employee memory.[1]
| " | (9) the training program of the Government should include retraining of employees for positions in other agencies to avoid separations during reductions in strength and the loss to the Government of the knowledge and feel that these employees possess;[1] [10] | " |
Title IX—Miscellaneous
Miscellaneous provisions nether Title Ix include the authorization for a written report on the decentralization of governmental functions, appropriations authorization, protections for presidential authority, and other related technical amendments and provisions.[1]
| " | (a) Every bit shortly equally practicable after the constructive date of this Act, the Director of the Role of Management and Budget shall conduct a detailed study apropos the decentralization of Federal governmental functions. (b) The written report to exist conducted under subsection (a) of this section shall include--, (1) a review of the existing geographical distribution of Federal governmental functions throughout the United States, including the extent to which such functions are full-bodied in the District of Columbia; and (ii) a review of the possibilities of distributing some of the functions of the various Federal agencies currently full-bodied in the District of Columbia to field offices located at points throughout the Usa.[1] [10] | " |
See also
- Civil service
- The states Civil Service Committee
External links
- Code of Federal Regulations
- United states Code
- Federal Annals
- Search Google News for this topic
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.ten 1.11 1.12 i.thirteen 1.fourteen one.15 i.xvi ane.17 one.18 1.19 1.20 1.21 one.22 1.23 Part of Personnel Management, "Ceremonious Service Reform Act of 1978," accessed September 30, 2017
- ↑ The New York Times, "POLITICAL SCIENTISTS Encounter Little IMPACT OF 1978 CIVIL SERVICE LAW," May 3, 1982
- ↑ USHistory.org, "American Authorities—8a. The Development of the Hierarchy," accessed October 2, 2017
- ↑ Encyclopedia Britannica, "Pendleton Civil Service Deed," accessed September 29, 2017
- ↑ Encyclopedia.com, "Ceremonious Service Acts (1883)," accessed September 29, 2017
- ↑ U.South. Federal Labor Relations Dominance, "The Statute," accessed September xxx, 2017
- ↑ American Historical Clan, "What Is Federal Civil Service Like Today?" accessed September 25, 2017
- ↑ Westlaw, "Civil Service Reform Act of 1978 (CSRA)," accessed October 5, 2017
- ↑ U.South. Merit Systems Protection Board, "About," October 14, 2020
- ↑ x.0 10.ane 10.2 x.3 ten.4 10.5 10.vi ten.7 x.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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