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| Definition |
A position classification appeal is a written petition from
an employee to appropriate bureau or Department officials,
or to the Office of Personnel Management (OPM), for a change
in the classification of his or her current position. |
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| Right to Appeal |
Any General Schedule employee or Federal Wage System employee
has the right to appeal the classification of the position
to which he or she is currently assigned by an official personnel
action.
An employee who files a classification appeal also has the
right to select a representative to assist him or her in
preparing and presenting the appeal, if the employee so chooses. |
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| What May Be Appealed |
Employees may seek to change only the grade, occupational
series, or pay system of a position. Under certain circumstances,
an appeal also may request a change in the position title.
Other matters, such as the inclusion or exclusion of a major
duty or responsibility in the position description, may not
be appealed, but could be addressed through the Department's
administrative grievance procedure, or through the negotiated
grievance process. |
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| Appeal Choices |
General Schedule employees may appeal at any time to the
Department or to OPM. However, appeals cannot be made to
the Department and to OPM at the same time. If the employee
appeals directly to OPM, but not to the Department, the employee
may not go back to the Department and appeal if OPM's decision
is not satisfactory. An OPM appeal decision is final and
binding. If an employee appeals to the Department and is
not satisfied with the Department's decision, he or she then
may continue the appeal to OPM.
Federal Wage System employees must first appeal to the Department
before pursuing an appeal with OPM. If the employee is dissatisfied
with the Department's decision, he or she then may pursue
the appeal with OPM within 15 calendar days of the date he
or she receives the Department's decision. In the appeal
to OPM, the employee must specify which part of the Department's
decision he or she disagrees with. |
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| Form of an Appeal |
An employee must submit a position classification appeal
in writing and sign it. If the appeal is to the Department,
it must include all information required for classification
appeals which is specified in the DOJ Order on Position Classification
Appeals, 1511.1B, September 22, 1987. If the appeal is to
OPM, it must contain information and follow the format OPM specifies. |
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| Fact Finding |
An appeal decision is based on information about the position
provided by the employee and the bureau or component. The
bureau or component is asked to provide, at a minimum, a
copy of the official position description; a written evaluation
statement explaining what and how position classification
criteria were applied; and current organizational charts,
functional or mission statements, or other information to
show the position's location in the organization and relationship
to other positions.
If the Department's appeal adjudicator determines that additional
information is needed from the appellant, it can be obtained
through correspondence, telephone call, or on-site visit.
Employees should note that a classification appeal is not
a request for a desk audit. If it is necessary to conduct
a desk audit or interview, the employee will be the only
one present. Neither the Department nor OPM conducts appeal
hearings. |
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| Appeal Decision |
Department appeal decisions are based on the work assigned
to the position, the qualifications required to perform the
work, and proper application of criteria published in OPM
position classification standards. This is the only method
established under the law for classifying positions. We will
not classify a position by comparing it to other positions,
which may or may not be properly classified. We also will
not make a classification decision by considering factors
such as the quality of the employee's work, qualifications
the employee has which are not required to perform the work,
or the volume of work assigned to the position.
The employee and the employing bureau or component will both
receive the classification appeal decision in writing. The
effective date for any change in occupational series, grade,
or title will be stated in the decision. |
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| Effect of Appeal Decision |
An appeal decision from the Department is binding on the
bureau or component, unless superseded by an OPM appeal decision.
Employees should be aware that even if the Department changes
the classification of an appealed position, the decision
might not be favorable to the employee. The classification
of an appealed position may change as the facts warrant,
even if the outcome was not requested or desired by the appellant. |
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| Cancellation of Appeals |
The Department may cancel a position classification appeal
at the employee's request, if the employee and/or the chosen
representative fail to furnish requested information in a
timely manner, or if the employee leaves the position under
appeal. Notice of cancellations will be made in writing. |
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| For Additional Information |
Employees should direct questions concerning classification
appeals or requests for additional information to their servicing
personnel offices. Title 5 of the Code of Federal Regulations
(5 CFR) contains the regulatory requirements for making an
appeal to OPM. Part
511, subpart F covers General Schedule positions, and Part
532, subpart G covers Federal Wage System jobs. Personnel
offices should have copies of 5 CFR available, or be able
to locate it for employees. |
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| Where to Send Appeals |
Appeals to the Department From Employees of the
Offices, Boards and Divisions (OBDs):
OBD employees should file classification appeals to the
Department with the Assistant Attorney General for Administration
(AAG/A). The AAG/A decides the appeals and notifies employees
of the decision. There is no further Department-level
review for these employees.
Bureau Employee Appeals Within the Department:
Employees in any of the bureaus must file their appeals
with the bureau head or his/her designee. Bureau heads
will decide appeals and notify employees in writing of
the decision and the reasons for it. If a bureau employee
is dissatisfied with the decision from the bureau head,
he or she may appeal to the Director, Personnel Staff,
Justice Management Division. In addition, a bureau head
who believes an appeal would be better decided by the
Department may forward the appeal, with the employee's
written concurrence, to the Director, Personnel Staff,
for a decision. The Director, Personnel Staff, notifies
both the appellant and the bureau of the Department's
decision. |
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| Addresses |
Assistant Attorney General for Administration
U.S. Department of Justice
10th and Constitution Ave., NW
Washington, DC 20530
Director, Personnel Staff
Justice Management Division
U.S. Department of Justice
1331 Pennsylvania Ave., NW
Suite 1110
Washington, DC 20530
OPM Addresses
and Jurisdiction |
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