| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| Addresses | Assistant Attorney General for Administration Director, Personnel Staff OPM Addresses and Jurisdiction |
Last Updated October 3, 2000
usdoj/jmd/ps/jpc