Section G - Classification Appeals
Federal employees have the right to appeal the classification of their positions if they disagree with the official classification. Employee appeals will be submitted without fear of restraint, interference, coercion, or reprisal. Prior to filing an appeal, employees are encouraged to discuss their concern(s) with their supervisor as resolution can often be reached outside of the appeal process. Regardless of the outcome of an appeal decision, agency management retains full control over the assignment of duties to a position and who performs those duties.
|Options for Filing Appeals||
Employees have three options for filing appeals:
General Schedule employees can appeal their position using any of the three options above, but may not appeal to their agency and OPM at the same time. OPM recommends that employees first seek an appeal decision from their agency (HRD/MRPBS or OHRM), as employees cannot further appeal to their agency if they first appeal to OPM.
Employees also have the option to appeal to OPM through their agency (Director, OHRM). The agency must act on the appeal within 60 days or forward the appeal to OPM for action.
Federal Wage System employees must first appeal to their agency (Director, HRD, MRPBS). If employees are dissatisfied with the decision, they can then appeal to the Department or OPM. The appeal must be filed within 15 calendar days of the date the employee received the agency’s decision.
Employees may designate in writing a representative to assist with an appeal. The representative may provide assistance in preparing and presenting the appeal under the following parameters:
The following items can be appealed:
The following items cannot be appealed:
Note: some of the above issues may be covered by administrative or negotiated grievance procedures. Please refer to the appropriate directive or bargaining unit agreement for further information.
Employees are notified of the appeal decision in writing. A classification appeal decision can only be made retroactive if it corrects a classification action that resulted in an actual decrease in pay. For a decision to be made retroactive, the employee must appeal the classification to either OHRM or OPM within 15 calendar days after the effective date of the reclassification action, based on the duties and responsibilities existing at the time of the demotion.
|Reconsideration of Appeal Decisions||
OPM states there is no automatic right to a review of appeal decisions, but occasionally a review may be justified if written evidence establishes a reasonable doubt as to the technical accuracy of the decision, or presents new, relevant, and substantive information that was not considered in the original decision.
To establish a reasonable doubt, reference should be made to the decision and to the applicable classification standard to demonstrate possible error in the technical evaluation of the position. The deadline for submitting a request for reconsideration is 45 calendar days after the date of the decision.
An appeal will be canceled if:
Classification appeals must be submitted in writing as they require the original signature of the appellant and/or the designated representative. Appeals frequently contain supporting documentation such as PDs, organizational charts, and work samples that are not available online. Appeals must contain the following information:
Classification appeals can be filed personally or through a designated representative, and submitted to one of the three office addresses below, depending on the preference of the employee:
1) Marketing and Regulatory Programs Business Services HR Office Address:
Office of the Director
2) USDA Office of Human Resources Management Address:
U.S. Department of Agriculture
3) Office of Personnel Management Address:
Classification Appeals and FLSA Claims Program Manager