Can federal employees make Position Classification Appeals to the MSPB?
The short answer - no; the MSPB does not have jurisdiction over appeals of position classifications. However, you can file a Position Classification Appeal with the Office of Personnel Management (OPM).
Here are some aspects of your position classification you can challenge: the grade, occupational series, and sometimes, the title of your position. You may also seek to have your general schedule (GS) position converted to the wage system, or vice versa.
Here are some things you may not challenge: the content or accuracy of your position description, classification of positions to which you are not officially assigned, or the classification of positions to which you are detailed or temporarily promoted.
You can file a position classification appeal with your Agency or OPM, but not both. It is often recommended that an employee making such a challenge should utilize their Agency’s administrative grievance procedure and, if not successful, appeal the Agency’s decision to OPM. Although different situations call for different strategies, the foregoing is a good general practice.
You are entitled to have a representative in your position classification appeal to the Agency or to OPM. If you retain an attorney, you will be responsible for your own attorney fees. There is no provision by which you can recover attorney fees for such an appeal.
If you would like to discuss your position classification appeal with a Federal employment lawyer, please contact the Attig Law Firm today.
