PERMISS

Grievance And Appeal Rights For DCIPS Employees

Disclaimer:
DCIPS replaces CIPMS. Until all references can be updated, both terms may appear and are considered interchangeable.

Administrative Grievance System (AGS). The AGS used by the Department of Defense and Army for the Competitive Service also applies to the Defense Civilian Intelligence Personnel System (DCIPS). The AGS provides a procedure that gives employees the opportunity to receive a fair, objective, thorough, and prompt review of dissatisfactions with matters under the control of management.

Non-preference eligible DCIPS employees, employed under 10 USC 1601, may grieve their removal, suspension, reduction in grade or pay, or furlough for 30 days or less, if they have completed one year of current continuous service in the same or similar position in DoD under other than a temporary appointment of 2 years or less except for terminations for national security reasons under 10, USC 1609. An activity’s AGS should normally provide for an impartial hearing in removal cases involving DCIPS employees. These hearings may be done on a reimbursable basis by the Defense Civilian Personnel Management Service’ Office of Complaint Investigations.

In addition to the items listed in DoD 1400.25-M, Subchapter 771, the following matters are also excluded from the grievance procedures:

1) – Contents of DoD or Army-approved occupational guides, qualification standards, and standardized factor degree descriptions, performance standards, and job descriptions.

2) – The denial and/or nonreceipt of a DCIPS recruitment or retention incentive.

3) – Removal processed through the authority of Section 1609, Title 10, USC.

4) – Army DCIPS coverage.

Merit System Protection Board (MSPB). In addition to using the AGS, DCIPS employees who have "veterans preference", and have completed one year of current continuous service in the same or similar position also have appeal rights to the MSPB for most matters under MSPB jurisdiction (such as separation for performance or conduct). DCIPS employees who do not have "veterans preference", and have completed one year of current continuous excepted service in DCIPS, have the right to grieve through the agency AGS for any grievable matter. Non-preference eligible employees also have appeal rights to MSPB, but only for actions resulting from reduction-in-force (RIF).

Merit System Protection Board Decision – Denial of Within-Grade Increase. The Merit Systems Protection Board (MSPB) has ruled that it lacked jurisdiction to hear appeals for denial of within-grade increases for employees appointed under 10 USC 1590 (now DCIPS - 10 USC 1601). The Board found that 10 USC 1590 (now DCIPS - 10 USC 1601(a)) authorized the Secretary of Defense to fix compensation for civilian intelligence personnel of the military departments without regard to the provisions of any other law. Thus, positions under 10 USC 1590 (now DCIPS - 10 USC 1601) are not subject to requirements of 5 USC 5335(c), DCIPS employees may, however, seek redress through the use of the AGS. (Ref: George C. Monser v. Department of Army, 95 FMSR 5179 (MSPB 05/02/95)

Separate Classification and Termination Procedures. Separate DCIPS appeal procedures are established for position classification issues, and terminations under section 1609, title 10, United States Code.

Content last reviewed: 1/28/2005-YYW

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This page was last revised: 1/28/2005