Can a non-supervisory employee, who is not a member of the bargaining unit, become a permanent supervisor via a position description rewrite? Is there any recourse to such a change?
Yes, your employing Agency is generally free to assign you duties, including supervisory duties, in a fashion which best fits the Government’s needs. You probably have very minimal recourse to contest such a change. Although your employing Agency might allow you to file a grievance regarding a change to your position description or supervisory status, if management has already decided to move to a supervisory position, you may not be successful in any such grievance. Before filing any grievance, you should review your Agency grievance procedures to determine if the matter may be grieved, and as a practical matter, you should also consider whether resisting a change in supervisory status might cause your managers to view you as someone who avoids greater responsibility.
This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth P.C., a federal employment law firm.
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