3 FAM 2640
POSITION CLASSIFICATION APPEALS
(CT:PER-942; 05-06-2019)
(Office of Origin: HR/RMA)
3 FAM 2641 POLICY
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
Civil Service employees are entitled to appeal the
classification of the positions to which they are officially assigned. They
may initiate such appeals when they feel that the currently assigned duties and
responsibilities of the position occupied are not properly classified. Foreign
Service employees may not appeal the classification of the positions to which
they are officially assigned.
3 FAM 2642 AUTHORITY
(TL:PER-379; 01-11-2000)
(State Only)
(Applies to Civil Service Employees)
The authority is found under:
(1) 5 U.S.C. Chapters 51 and 53; and
(2) 5 CFR Parts 511 and 532, Subpart G.
3 FAM 2643 NON-APPEALABLE ISSUES
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
The following issues are not appealable:
(1) The accuracy of the official position description,
including the inclusion of a major duty or any organizational relationships, in
the official position description. When the accuracy of the official position
description is questioned by the employee, the employee will be directed to
review this matter with his or her supervisor. If management and the employee
cannot resolve their differences informally, the accuracy of the position
description should be reviewed in accordance with administrative or negotiated
grievance procedures (if applicable). If the accuracy of the position
description cannot be resolved in this manner, the Department will decide the
appeal on the basis of the actual duties and responsibilities assigned by
management and performed by the employee;
(2) The class, grade, or pay system of a position to
which the employee is detailed or promoted on a time-limited basis, except that
employees serving under a time-limited promotion for two years or more may
appeal the classification of their positions to the Department under these
procedures;
(3) A proposed classification decision;
(4) The classification of the employees position
based on position-to-position comparisons and not standards or guides published
by OPM and/or standards or guides issued by the Department;
(5) The adequacy of the classification criteria
contained in an OPM published classification standard or guide and/or standards
or guides issued by the Department;
(6) A classification decision that has been issued and
certified by OPM as a result of an appeal, either by the Department or an
employee, when there has been no significant change in the governing
classification standard(s), guide(s), or major duties of the position;
(7) The class, grade, or pay system of a position to
which the employee is not officially assigned by an official personnel action;
(8) The title of a position; or
(9) The Fair Labor Standards Act (FLSA) status of a
position. Procedures for how a Department employee can file a request for a
review of their FLSA designation can be found at:
https://intranet.hr.state.sbu/offices/rma/Pages/FLSACompensationClaims.aspx.
3 FAM 2644 EMPLOYEE REPRESENTATIVES
(TL:PER-379; 01-11-2000)
(State Only)
(Applies to Civil Service Employees)
An employee may select a representative of his or her
choice (designated in writing) to assist in the preparation and presentation of
an appeal. The Department may disallow an employees representative when:
The individuals activities as a representative would
cause a conflict of interest or position;
An employee who cannot be released from his or her
official duties because of the priority needs of the Federal Government; or
An employee whose release would give rise to
unreasonable costs to the Federal Government.
3 FAM 2645 FILING AN APPEAL
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
a. General Schedule employees may request to file an
appeal with the Department or OPM. General Schedule employees may not file a
request to appeal simultaneously with the Department and OPM.
b. Federal Wage System Employees are required to use
Departmental appeal procedures before appealing to OPM. (See 3 FAM 3163,
Appeals.)
c. Office of Inspector General (OIG) Civil Service
employees are excluded from these appeals procedures as provided by the
Inspector General Act of 1978. OIG employees should refer to the appropriate
OIG directive on position classification appeal procedures or contact the OIG
Office of the Executive Director (OIG/EX), for information.
3 FAM 2645.1 Department Level
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
a. Requests for appeals made at the Department level
must be made in writing and addressed to: Director, Office of Resource
Management and Organization Analysis (HR/RMA), Room H-1301, SA-1, Washington,
DC 20037. Appeals made at this level must include:
(1) Employees full name;
(2) Organizational location of the position;
(3) Requested title, series, and grade;
(4) Copy of current position description;
(5) Reasons why the position is believed to be
incorrectly classified, together with reasons supporting the classification the
appellant considers correct; and
(6) Any relevant information, or reference to any
position classification standards and/or guides, which may impact on the
appeal.
b. On appeals within the Department, HR/RMA will advise
the employee, in writing, of its decision within 60 workdays of receipt and
acceptance of the appeal.
3 FAM 2645.2 Office of Personnel
Management (OPM)
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
a. An employee may request to file an appeal to OPM, if
the Departments decision is unfavorable, advising HR/RMA that action has been
taken. Employees should be aware that OPMs options in reviewing an appeal
are:
(1) To upgrade the position;
(2) To downgrade the position; or
(3) To leave the position as currently classified.
b. All appeals must be in writing and should include:
(1) The employees name, mailing address, and
commercial office telephone number;
(2) The present classification of the employees
position and the requested classification;
(3) The name of the department or agency and the
office in which the employee works;
(4) The city where the employee works and the
installations mailing address;
(5) A copy of the employees official position
description and either a statement affirming that it is accurate or a detailed
explanation of the inaccuracies and an explanation of the efforts made to
correct the position description;
(6) Any additional information about the position that
will aid in understanding it; and
(7) Arguments supporting the requested classification
by referencing the appropriate classification standards and/or guides.
c. An OPM decision constitutes a classification
certificate issued under the authority of 5 U.S.C. 5112(b). This certificate
is mandatory and binding on all administrative, certifying, payroll,
disbursing, and accounting officials of the Federal Government.
d. General Schedule employees may appeal the
classification of his or her position to OPM at any time. Filing a prompt
appeal helps to alleviate any uncertainties concerning the classification.
e. Federal Wage System employees must first appeal to
the Department. If the employee is dissatisfied with the Departments
decision, the employee may appeal to OPM. The appeal to OPM must be filed
within 15 calendar days of the date the employee received the Departments
decision.
f. OPM classification appeal filing instructions can
be found at:
https://www.opm.gov/policy-data-oversight/classification-qualifications/appeal-decisions/#url=Filing-Instructions.
3 FAM 2646 EFFECTIVE DATES OF POSITION
CLASSIFICATION ACTIONS OR DECISIONS
3 FAM 2646.1 General
(CT:PER-511; 12-07-2004)
(State Only)
(Applies to Civil Service Employees)
a. A classification action is a determination to
establish or change the title, series, grade, or pay system of a position based
on application of published position classification standards or guides.
b. For the Department:
(1) The effective date of a position action taken by
an agency shall be the date an official with properly delegated authority
approves (certifies) the proposed classification; or
(2) The effective date of a position action may be
extended to correspond with the effective date of the personnel action when:
(a) The position is being changed to lower grade or pay;
(b) The employee occupying the position is eligible for
retained grade or pay under 5 U.S.C. 5362 - 5363; and
(c) For the Office of Personnel Management, the effective
date of a classification decision, made by means of a certificate issued under
the authority of 5110, Title 5, U.S.C., is not earlier than the date of the
certificate and not later than the beginning of the fourth pay period following
the date of the certificate.
3 FAM 2646.2 Position Actions
(CT:PER-511; 12-07-2004)
(State Only)
(Applies to Civil Service Employees)
a. A position action is implemented by a personnel
action. The personnel action must occur within a reasonable period of time
following the date of the position action.
b. If the position action results in a loss of grade or
pay to the employee occupying the position, the Department must notify the
employee, in writing, of the position action and the proposed date of the
personnel action.
3 FAM 2646.3 Retroactive Effective
Date
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
a. A retroactive effective date may be required only if
the employee is wrongfully demoted.
b. The effective date of OPMs classification appellate
certificate or the Departments appellate decision can be retroactive only if
it corrects a classification action, which resulted in a loss of grade or pay.
In order for the decision to be made retroactive, the employee must file the
initial request for review with either the Department or to OPM no later than
15 calendar days after the effective date of the reclassification action.
c. The employee has the right to a retroactive
effective date from the Department or OPM not later than 15 calendar days
following receipt of written notification of a final agency administrative
decision or 15 calendar days after the effective date of the action taken as a
result of the classification decision, whichever is later.
d. Retroactivity may be based only on duties and
responsibilities existing at the time of demotion and cannot be based on duties
and responsibilities assigned later.
3 FAM 2647 CANCELLATION OF AN
EMPLOYEES APPEAL
CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
a. An appeal shall be canceled and the employee
notified, in writing, when one of the following occurs:
(1) The employee submits a written request to cancel
the appeal;
(2) The employee is no longer officially assigned to
the position under appeal (see OPM Employee Fact Sheet on Position
Classification Appeals); or
(3) The employee or designated representative does not
furnish requested information or proceed with the advancement of the appeal in
a reasonable time (e.g., 15 calendar days).
b. The Department and the Office of Personnel
Management, may, at their discretion, reopen a canceled appeal if the employee
or designated representative can show circumstances beyond his or her control
which prevented the employee from pursuing the appeal.
3 FAM 2648 RECONSIDERATION OF APPEAL
DECISIONS
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
a. Policy There is no automatic right to
reconsideration of a Department appeal decision. However, such a review may
occasionally be justified. In such a case, the Department may, at its
discretion, reopen and reconsider its decision. Reconsideration may be granted
when the employee or the employees organization submits written evidence or
arguments that establish 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, the
employee should refer specifically to the decision and to the applicable
classification standard(s) to demonstrate possible error in the technical
evaluation of the position.
b. Procedure The Director General of the Foreign
Service and Director of Human Resources or designee has discretion to reconsider
any decision when written evidence or argument is submitted which tends to
establish that the decision is erroneous in its interpretation of statue,
regulation, or current policy. The Director General or designee may also
consider a decision that involves a new or previously unconsidered policy
consideration which may have effects beyond the case at hand, or when the case
is so exceptional that it warrants the Director Generals or designees
personal attention.
(1) The deadline for submitting a request for
reconsideration is 15 calendar days after the date of the decision.
Reconsideration requests must be made in writing and addressed to: Director
General of the Foreign Service and Director of Human Resources (DGHR), Room
6218, HST, Washington, DC 20520.
(2) For reconsiderations within the Department, DGHR
will advise the employee, in writing, of its decision within 30 work days of
receipt of the request, informing the employee of the decision to accept or
decline the reconsideration.
3 FAM 2649 APPELLATE DECISIONS AND
NOTIFICATIONS
3 FAM 2649.1 Decisions
(CT:PER-942; 05-06-2019)
(State Only)
(Applies to Civil Service Employees)
When the classification decision on a classification
appeal results in a change, the following provisions will apply:
(1) All position and personnel actions shall be
effective no earlier than the date of the appeal decision and no later than the
beginning of the fourth pay period following the date of the decision;
(2) An appellate decision is final unless reconsidered
by the Department or OPM. Reconsideration is entirely at the discretion of the
Department or OPM; and
(3) The final decision shall constitute a certificate
which is mandatory and binding on all administrative, certifying, payroll,
disbursing, and accounting officials. As such, HR/RMA will be responsible for
ensuring classification actions across the Department are consistent with the
certificate as part of a review of identical, similar, or related positions.
3 FAM 2649.2 Notifications
(TL:PER-462; 01-28-2003)
(State Only)
(Applies to Civil Service Employees)
a. The Department will notify the employee or
designated representative, in writing, of its decision.
b. OPM will notify the employee, designated
representative, if applicable and the Agency, in writing, of its decision.