You can get help drafting and presenting your appeal, which is often a good idea because the OPM appeal judgment is binding on your agency. Image: Hyejin Kang/Shutterstock.com
By: By: Mathew Tully, Esq.A position classification appeal, also known as a desk audit, is a process where your tasks as a federal employee are assessed to determine whether your job should be upgraded or degraded in terms of pay level, classification, and grade. Employees may request a desk audit through both their local agency and the Office of Personnel Management (OPM) later in the appeals process. While seemingly simple, there are many issues that can arise when requesting and undergoing a desk audit.
Starting a Desk Audit
The desk audit process often begins when you become aware that you could be performing more work or having more responsibilities than you once did, or when your responsibilities are similar to those of a federal employee who fills a similar function but earns a higher pay grade or salary. While speaking with your supervisor is a good place to start, it may also be wise to look up the position classification standards that were used to categorize your position. This will allow you to compare your position and duties to how they were originally classified and make an accurate comparison. Usually, but not always, these are maintained in your human resources department. Regardless, since your supervisor can validate the accuracy of your position’s description, they can give you an explanation of its contents as well.
Your supervisor has the ability to request that the human resources department undertake a review of your position without consulting you. The human resources professional may carry out a desk audit to find out more about the kind and difficulty of the work you are doing (in which they interview both you and your supervisor).
In the event that your position is being audited, concentrate on your primary duties and how your job contributes to the broader operations of your unit and agency. Most importantly, avoid understating or exaggerating the breadth of your responsibilities, and ensure that the human resources professional has a clear understanding of your role throughout the interview.
Following the audit, the agency has 60 days to decide on the desk audit request. You would then have the choice to file an appeal with the OPM Classification Appeals Office if the outcome did not satisfy you.
What Can You Appeal?
You can request to have your General Schedule (GS) employment turned into a Federal Wage System (FWS) post or vice versa, as well as to have your grade and the title of your position changed.
Some matters, however, cannot be appealed, such as the accuracy of a classification standard, an agency’s proposed classification judgment, the classification of jobs to which you are not formally assigned, or the classification of positions to which you are temporarily promoted for less than two years.
If you are a General Schedule employee, you may file an appeal with your agency or directly with the OPM at any time. However, you cannot make an appeal to both the OPM and your agency at the same time. It is often advised that you appeal to your agency first since you still have a chance to appeal to the OPM if your agency rejects your appeal. However, you are not permitted to appeal to your agency if you first appealed to the OPM and were unsatisfied with the outcome.
If you are a Federal Wage System employee, you must first submit an appeal to your agency. If you disagree with the decision, you have 15 days from the day you receive your agency’s decision to submit an appeal with the OPM.
OPM Appeals
If you decide to appeal to the OPM, whether before or after your agency’s decision, you will need to present certain pieces of information in writing with your appeal. While further outlined on the OPM’s webpage, some information that should be listed include:
· The city where you work and the installation’s mailing address;
· Your name, mailing address, email address, and commercial office phone number;
· The current classification of your position and the requested classification;
· The name of the department or agency and the office where you work;
· Any additional information about your position that will help reviewers understand the full scope of the position;
· Arguments in favor of the requested classification by citing the appropriate classification standards, and
· A copy of your 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.
You can have a representative assist you in drafting and presenting your appeal case, which is frequently encouraged because the OPM appeal judgment is binding on your agency. Additionally, even if the OPM decides to reclassify your employment, it might not be in your best interests. They may decide to raise or reduce the grade of your position based on the facts you provide and their own fact-finding. Furthermore, any decision will not necessarily modify your job duties because the agency will always have power.
While there are other aspects of a desk audit that are not covered in this article, it is critical that if you are a federal employee considering filing a classification appeal, you consider hiring or speaking with an experienced attorney who can assist you through the process and defend you so that you receive the right employment classification and remuneration.
Tully Rinckey PLLC has experience assisting federal employees with classification appeals and is ready to help you today. Mathew B. Tully is a founding partner of the firm and concentrates his practice on representing federal government employees and military personnel. To schedule a consultation with one of the firm’s federal employment law attorneys call (888)-529-4543 or email info@tullylegal.com.
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