Number: 

DAO 202-511

SECTION 1. PURPOSE.

.01 This Order outlines the basic policies and procedures relating to the classification of positions for covered employees of the Department of Commerce (the Department).

.02 This revision is a comprehensive update to this Order, which specifically revises the following:

a. Section 3 - excludes Experts or Consultants from coverage when employed temporarily or intermittently in accordance with Title 5, United States Code 3109.

b. Section 4 - expands, removes, and clarifies definitions.

c. Section 5 - removes reference to Principal Human Resources Management Offices and expands classification responsibilities, including the roles of Servicing Human Resources Offices and the Enterprise Services Organization, as applicable.

d. Section 7 - emphasizes the requirement that a Federal employee, with delegated classification authority, must sign Position Evaluation Statements and adds a reference for writing Position Evaluation Statement through Attachment 1.

e. Section 9 - clarifies the roles and responsibilities of an employee representative; adds information on classification issues which are neither appealable nor reviewable; adds a subsection titled General Rule; adds a subsection on Appeal Decisions; and adds a subsection on Cancellation or Withdrawal of an Appeal.

f. Section 10 - is retitled to Federal Wage System (FWS) Job Grading Appeals and further expands and defines the policies and processes of FWS appeals throughout the section.

g. Appendix - abolishes Appendix A, containing the Office of Personnel Management's (OPM) mailing addresses for appeal submissions and incorporates OPM's updated mailing address in Sections 9 and 10.

h. Attachment - adds Attachment 1, Position Evaluation Statement.

SECTION 2. GENERAL PROVISIONS.

.01 For General Schedule positions, this Order supplements the legal, regulatory, and other requirements of Chapter 51 of Title 5, United States Code (U.S.C.) (except sections 5108 and 5114), and Part 511 of Title 5, Code of Federal Regulations (CFR).

.02 For Federal Wage System (FWS) positions, this Order supplements the legal, regulatory, and other requirements of Chapter 53 of Title 5, U.S.C. and Subparts F and G of Part 532 of Title 5 CFR.

.03 The Servicing Human Resources Offices (SHROS) and the Enterprise Services Organization (ESO) will have defined roles and responsibilities regarding classification duties through other means (i.e. service level agreements, interagency agreements, etc.), then this DAO. Therefore, when the terms "SHRO/ESO" is used in this DAO, it means that whichever organizations has that defined responsibility pursuant to the roles and responsibilities defined through other means as applicable, that organization will perform those duties.

SECTION 3. COVERAGE.

All positions within the Department are subject to Chapters 51 and 53 of Title 5, U.S.C., unless specifically excepted by law or regulation. Positions currently excluded from coverage are below; however, any other future positions specifically excepted by law or regulations will also be considered excluded from coverage:

a. Senior Executive Service (SES);

b. Scientific and Professional (ST);

c. Senior Level (SL);

d. Administratively Determined (AD);

e. Foreign Service Officers (FSO) and the Senior Foreign Service (FE);

f. Commissioned Corps in the National Oceanic and Atmospheric Administration (NOAA);

g. Positions classified under the National Institute of Standards and Technology (NIST) Alternative Personnel Management System and the Department of Commerce Alternative Personnel System (CAPS) (ZS, ZT, ZA, and ZP);

h. Positions covered by the Wage Marine pay system (WM); and

i. Experts (ED) or Consultants (EF) when employed temporarily or intermittently in accordance with Title 5, U.S.C. 3109.

SECTION 4. DEFINITIONS.

.01 Classification Appeal. A written request by an employee or a group of employees occupying identical positions for a change in the official pay plan, title, series, and/or grade of the position occupied by the employee or group of employees.

.02 Classification Certificate. A final decision issued by the Department, the Office of Inspector General (OIG), the Office of Human Resources Management (OHRM), or the Office of Personnel Management (OPM) on the classification of a position. A classification certificate is binding on all administrative, certifying, payroll, disbursing, and accounting offices of the Department.

.03 Clients. Individuals or the Organization receiving services described in this DAO.

.04 Consistency Review. A review directed by OPM, the Department, or OIG/OHRM when the adjudication of a classification appeal reveals the possibility that identical, similar, or related positions may be classified inconsistently with the classification appeal decision or appropriate classification or job grading standard.

.05 Desk Audit. A fact-finding process, obtained through correspondences, telephone calls, or on-site visits, to capture information about the characteristics of the position. This process may include conducting oral or written interviews with the employee, supervisor, or other subject matter experts to capture in-depth information about the characteristics of the job and examining work samples and documents that illustrate the kind and level of work performed.

.06 Employee Representative. An individual designated in writing by an employee to advise or assist the employee in the preparation and presentation of a classification or job grading appeal.

.07 Enterprise Services Organization. As described in Department Organization Order (DOO) 10-23, ESO is an independent Departmental office reporting directly to the Deputy Secretary of Commerce, performing assigned transactional services and assigned classification services for Department of Commerce.

.08 Federal Wage System (FWS). The common job grading system that covers most trades, crafts, and labor jobs outside of the postal field service.

.09 General Schedule (GS). The classification system covered by Title 5, U.S.C. which includes a range of levels of difficulty and responsibility for covered supervisory and nonsupervisory positions from grades GSˆ’1 to GSˆ’15.

.10 Grade. The numerical designation, 1 through 15, which identifies the range of difficulty and responsibility, and level of qualification requirements of positions included in the GS and non-Supervisory FWS positions. The numerical designation for FWS supervisory positions is 1 through 18.

.11 Job Family. A broad grouping of trades, craft, and labor occupations related in one or more ways such as: similarity of functions performed, transferability of knowledge and skills from one occupation to another, or similarity of materials or equipment worked on.

.12 Job Grading Standards. The criteria used in determining the occupational series and title of jobs performing trades, craft, and labor work, as well as the grading criteria for positions classified under the FWS.

.13 Major Duties. Duties that represent the primary reason for the position's existence and which govern the qualification requirements. Typically, they occupy most of the employee's time. Minor duties generally occupy a small portion of time, are not the primary purpose for which the position was established, and do not determine qualification requirements.

.14 Occupations within FWS. A subgroup of a job family which includes all jobs at the various skill levels in a particular kind of work. The code for the job family and occupation has four numbers. The first two numbers represent the family and the second two identify the specific occupation within the job family, e.g., 5700 identifies the Transportation/Mobil Equipment Operation Job Family; 5704 identifies the Forklift Operating occupation within the family.

.15 Occupational Group. A major subdivision of the General Schedule embracing a group of associated or related occupations, e.g., the Accounting and Budget Group, GS-0500; the Engineering and Architecture Group, GS-0800; and the General Administrative, Clerical, and Office Services Group, GS-0300.

.16 Operating Unit. In accordance with Department Organization Order 1-1, Mission and Organization of the Department of Commerce, a primary or constituent organization component of the Department (e.g., Bureau of Economic Analysis, U.S. Census Bureau, Economic Development Administration, NIST, NOAA, etc.). For the purpose of this Order, the Office of the Secretary (OS) is considered an operating unit.

.17 Operational Classification Services. Position classification services provided to clients including, but not limited to: developing position descriptions; classifying positions in accordance with OPM position classification standards, job grading standards, or approved Department standards; conducting desk audits; conducting classification appeals, and any other functions agreed upon in a service level agreement, interagency agreement, or contract.

.18 Position. The duties and responsibilities assigned by management for performance by an employee.

.19 Position Classification Standard. A document issued by OPM for positions covered under the GS that links the grade level definitions in Title 5, U.S.C. to specific work situations, thereby providing the basis for determining the appropriate title, series, and grade of each position. See Introduction to the Position Classification Standards, OPM, TS-134, (July 1995, Revised 2009).

.20 Position Description (PD). The official record of management's assignment of major duties and responsibilities to a position.

.21 Position Evaluation Statement. A written defensible analysis of the classification determination of a position.

.22 Position Management. The systematic process that managers and supervisors apply when designing an efficient and economical organization. Through this process, a determination is made on how many positions are needed, how jobs should be designed, and the organizational structure needed to accomplish the mission and functional assignments of the organization.

.23 Reconsideration of OPM Appeal Decision. A written request to OPM by a GS or FWS employee or agency requesting reconsideration of an OPM classification decision.

.24 Series. A subdivision of an occupational group consisting of GS positions similar as to specialized line of work and qualification requirements. Series are designated by a title and number such as the Accounting Series, GS-0510; the Secretary Series, GS-0318; the Microbiology Series, GS-0403, etc.

.25 Servicing Human Resources Offices. Human resources offices responsible for providing advisory services on classification policies and programs of the Department and performing assigned human resources operational functions for clients.

SECTION 5. RESPONSIBILITIES.

.01 Office of Human Resources Management (OHRM). The OHRM has Department wide responsibility for the development, administration, and evaluation of human resources management policies and programs; and shall provide overall management and oversight of the Department's classification program by:

a. Issuing Department wide classification policies.

b. Ensuring consistency in position classification across operating unit lines.

c. Developing Department wide classification guidance, when necessary.

d. Coordinating the Department's participation in OPM's standards development program.

e. Managing the conduct of classification consistency reviews required by OPM.

f. Issuing Departmental decisions on classification and job grading appeals submitted to the Director, OHRM.

g. Maintaining the Department's PD Library.

.02 Servicing Human Resources Management Offices.

These offices shall:

a. Provide advisory services to managers and supervisors in implementing GS and FWS classification policies and programs of the Department.

b. Deliver assigned operational classification services to clients.

c. Review all newly established or revised PDs from a position management perspective to assure that work being assigned is consistent with the work of the organizational entity.

d. Certify that positions are classified as required by Title 5, U.S.C. and are in conformance with position classification or job grading standards published by the OPM or Department approved standards by signing Form CD-516, Classification and Performance Management Record.

e. Provide employees, representatives, and recognized labor organizations, when applicable, information on published position classification standards, job grading standards, related regulations, and other relevant materials available for review when appealing the classification of their positions.

f. Accept GS classification appeals and FWS job grading appeals from serviced clients and render classification decision through the preparation of Position Evaluation Statements, as required under Section 7.02 of this Order.

g. Notify clients of their next avenue of appeal (i.e., Department or OPM) as applicable, if they are dissatisfied with the Servicing Human Resources Office's (SHRO) GS or FWS classification decision and their right to see all relevant information forwarded to the next avenue of appeal.

.03 Enterprise Services Organization (ESO).

This office shall:

a. Deliver assigned operational classification services to clients as agreed upon in a service level agreement, interagency agreement, or contract.

b. As applicable, send all newly established and revised PDs to SHRO for signed certification by a Federal employee with delegated classification authority. Positions must be classified as required by Title 5, U.S.C. and must be in conformance with position classification or job grading standards published by the OPM or Department approved standards.

c. Provide employees, representatives, and recognized labor organizations, when applicable, information on published position classification standards, job grading standards, related regulations, and other relevant materials available for review when appealing the classification of their positions.

d. Accept GS classification appeals and FWS job grading appeals from serviced clients and render classification decision through the preparation of Position Evaluation Statements, as required under Section 7.02 of this Order. As applicable, send classification decision to SHRO for final classification certification by a Federal employee with delegated classification authority.

e. Notify clients of their next avenue of appeal (i.e., Department or OPM) as applicable, if they are dissatisfied with the ESO/SHRO's GS or FWS classification decision and their right to see all relevant information forwarded to the next avenue of appeal.

.04 Managers and Supervisors. Managers and supervisors shall exercise responsibility for accuracy of PDs, position management, and other delegated classification authorities; and shall:

a. Ensure that each subordinate employee has an accurate and certified PD which provides a definitive description of the major duties assigned by management and the nature and extent of responsibility for carrying out those duties.

b. Ensure an economical and effective position structure exists in the organizations they lead by applying sound position management principles and practices. Application of sound position management includes designing a position structure which blends the skills and assignments of employees with the goals of successfully carrying out the organization's mission or programs; ensuring the organization reflects a logical balance between employees needed to carry out the major functions of the organization and those needed to provide adequate support between professional employees and technicians, between fully trained employees and trainees and between supervisors and subordinates; and establishing grade levels of positions with assigned grades being commensurate with the work performed.

c. Perform delegated classification authority for PDs contained in the OHRM PD Library, as described in section 8 of this Order, by certifying the classification of the position by signing Form, CD-516, Classification and Performance Management Record.

SECTION 6. GENERAL SCHEDULE POSITION CLASSIFICATION AND FEDERAL WAGE SYSTEM JOB GRADING STANDARDS.

.01 The Department shall assist OPM in the development and preparation of position classification standards to the extent possible. SHROs shall participate in the development of these standards in response to requests from OHRM.

.02 Each SHRO/ESO that services GS and/or FWS-covered organizations is responsible for periodically reviewing the OPM website to maintain a current knowledge of the latest developments in position classification, including the issuance dates of new position classification or job grading standards.

.03 SHRO/ESO must apply and implement new position classification or job grading standards for all covered positions within the designated time period established by OPM or the Department. If a SHRO/ESO is unable to complete full implementation within this time frame, they must notify OHRM and provide the reason(s) for delaying completion of the project and provide a proposed completion date. The ESO may apply the new standards to positions; however, a Federal employee, with delegated classification authority, must certify, by signing Form CD-516, Classification and Performance Management Record, that the position has been properly classified as required by Title 5, U.S.C. in conformance with standards published by the OPM or the Department.

.04 Upon receipt of a classification appeal in which a new position classification or job grading standard has been published since the original classification determination was made, OHRM will apply the new standard when conducting the appeal. However, the SHRO/ESO will be responsible for developing the PD to align with the format of the revised position classification or job grading standard, as necessary.

.05 OHRM will coordinate with SHRO/ESO on the application of new position classification standards to PDs in the PD Library.

.06 SHRO/ESO may use pen-and-ink changes or other notations to document the application of position classification or job grading standards and to make minor revisions to PDs where necessary. Although it is generally advisable to describe positions using the same format as the position classification or job grading standards that cover them, SHRO/ESO shall determine when it is appropriate to rewrite existing descriptions of properly classified positions solely for the purpose of changing the format to match the format of a new standard. As applicable, the ESO will send revised PDs to the SHRO for signed certification by a Federal employee, with delegated classification authority.

.07 When necessary, OHRM will develop internal position classification guidance consistent with and supplemental to OPM position classification or job grading standards. SHROs may also develop such classification guidance specific to positions in their serviced organizations, as long as the guidance is consistent with OPM position classification or job grading standards and OHRM guidance. The ESO is not authorized to develop guidance specific to positions within their serviced client areas.

SECTION 7. POSITION DESCRIPTIONS AND EVALUATION STATEMENTS.

.01 Employees must have accurate and certified PDs providing a definitive description of the major duties of the position as described in Section 5 of this Order.

.02 SHRO/ESO shall ensure that Position Evaluation Statements are completed at a minimum when: an employee has appealed the classification of his/her position; an accretion of duties promotion has been proposed; or the evaluation rationale is not evident from the PD. Examples of the last case include: the position exceeds the highest-grade level described in the governing position classification or job grading standard, or when the grade controlling work is not covered by a directly applicable standard.

.03 A Position Evaluation Statement is a written defensible analysis of the classification determination of a position and must contain certain information as referenced in Attachment 1 of this Order.

.04 Position Evaluation Statements must be signed and dated by a Federal employee with delegated classification authority.

SECTION 8. PD LIBRARY.

.01 The PD Library consists of electronic files of generic standardized GS and FWS PDs. The files are available on the Department's OHRM web page for optional use by managers, supervisors and human resources management specialists, Department wide.

a. The PD Library is maintained by OHRM. SHRO/ESO must ensure managers and supervisors are aware of this resource and understand parameters for proper use of Library PDs.

b. PD Library descriptions have four parts. Parts I and IV allow the manager/supervisor to personalize the PD. In Part I, the organizational location of the position must be added. In Part IV, unique position requirements (such as selective placement factors) or clearance requirements, may be included. Parts II and III may not be altered as they describe the major duties and responsibilities and the classification evaluation factors upon which the grade level determination for the position is based.

SECTION 9. GENERAL SCHEDULE CLASSIFICATION APPEALS.

.01 Scope. GS employees covered by this Order or their representatives have the right to appeal the classification of their current position at any time in accordance with the appeal avenues described in Section 9.05 of this Order.

.02 Employee Representative. Representatives must be designated in writing and have the same responsibility as the employee in cooperating in the appeal process.

a. The use of a Department employee as a representative may be precluded if management determines that the individual's activities as a representative would cause a conflict of interest or position; the employee cannot be released from his or her official duties for the time spent being a representative because of priority needs of the organization, or the employees release would give rise to unreasonable costs to the organization.

b. The selection of a representative does not convey a right for the representative to be present during any fact-finding session unless specifically requested to do so by the organization conducting the session (i.e., SHRO, ESO, OHRM, OIG/OHRM, OPM) or unless specifically required by a collective bargaining agreement (CBA) or Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. 7101-7135 ("FLRA Statute").

.03 Appealable issues.

Employees may appeal the following:

a. Pay system (i.e., inclusion in or exclusion from the General Schedule).

b. Occupational series.

c. Grade.

d. Position title, if the applicable position classification standard prescribes a title or the title reflects a qualification requirement or authorized area of specialization.

.04 Non-appealable issues.

a. The following issues are not appealable. However, the issues may be reviewed under an applicable negotiated grievance procedure (NGP), if the applicable NGP and the FLRA Statute allow the issue to be grieved.

1. The accuracy of the official PD, e.g., the inclusion or exclusion of a major duty in the official PD. An employee must refer this matter to their supervisor for review. If the accuracy cannot be resolved by this method, the employee may request a review in accordance with, if applicable, the appropriate NGP.

2. An assignment or detail outside the scope of normally performed duties outlined in the official PD.

3. The accuracy, consistency, or use of Departmental classification guides.

4. The title assigned to a position, unless a specific title is authorized by a published OPM classification standard or guide, or when it reflects a qualification requirement or authorized area of specialization.

b. The following issues are neither appealable nor reviewable:

1. The series, grade, pay system, or title of a position to which the employee is not officially assigned by an official personnel action.

2. An agency's proposed classification decision.

3. The series, grade, pay system, or title of a position to which the employee is detailed or promoted on a time limited basis, except those employees serving under time limited promotions for 2 years or more may appeal the classification of their position.

4. The classification of the employee's position based on position-to-position comparisons and not based on position classification standards.

5. The accuracy of grade level criteria contained in an OPM classification guide or standard.

6. A classification appeal decision previously issued by OPM unless there has been a substantive change in the governing position classification standard or the major duties of the position.

.05 Appeal Avenues. GS employees have the following avenues of appeal after they have appealed first to their SHRO or ESO, as applicable, and received a classification decision.

a. Appeal to the Department, or in the case of OIG employees, to the OIG/OHRM.

b. Appeal directly to OPM. An appeal to OPM does not suspend or invalidate the original classification decision. However, once OPM issues a decision this precludes further action by, or subsequent appeal to, the Department or to the OIG/OHRM.

c. Appeal to OPM through the Department, or in the case of OIG employees through OIG/OHRM. In this case, the appeal must be acted on by the Department or OIG/OHRM within 60 calendar days or forwarded to OPM for action. If the decision is not in the employee's favor, the appeal is automatically forwarded to OPM.

.06 General Rule. It is recommended that employees first seek an appeal decision from the Department, or in the case of OIG employees, from the OIG/OHRM, as by following this line of progression, if the Department's or OIG/OHRM's decision is unfavorable, the employee can still appeal to OPM. Once an appeal is submitted to OPM and a decision is rendered, the employee cannot appeal OPM's decision to the Department or to OIG/OHRM if the decision is unfavorable. OPM decisions are final.

.07 Desk Audits. Unless required by a CBA, desk audits are not mandatory for resolving appeals. The responsible HR staff member may elect to conduct an audit, at their discretion, when it is considered necessary to gather or clarify facts about the position under appeal.

.08 Time Limits. An employee may file an appeal of their current position at any time. However, if the result of a classification decision results in the loss in grade or pay (the employee is not entitled to grade or pay retention), and the employee desires retroactive adjustment if the next level of appeal results in a higher grade, the time limits in Title 5, CFR 511.703 must be observed. Under this regulation, the appeal to the next level must be filed not later than 15 calendar days after the effective date of the reclassification action that resulted in the loss in grade or pay.

.09 Content of Appeals. An employee's appeal must be in writing and must include the following:

a. The employee's name, mailing address, and business telephone number.

b. The exact location of the employee's position within the Department (e.g., bureau, division, branch, section, unit).

c. The employee's current pay system, position title, occupational series, and grade.

d. The requested pay system, position title, occupational series, and grade.

e. A copy of the official PD, along with a statement concerning its accuracy. If the employee contends that the PD is not accurate, the employee must provide their own description of the work currently being performed and describe the steps that were taken to have the official PD revised.

f. Reasons why the employee alleges that the position is erroneously classified. The employee must state the specific points of disagreement with the written evaluation statement rending the classification decision referring to position classification standards that support their appeal.

g. Name, mailing address, and business telephone number for the employee's representative, if applicable.

.10 Where to Submit Appeals.

Appeals to the Department should be submitted to:

U.S. Department of Commerce, Office of Human Resources Management

Attention: Director for Human Resources Management

1401 Constitution Avenue NW

Washington, D.C. 20230

Appeals to the OIG/OHRM should be submitted to:

U.S. Department of Commerce, Office of Inspector General

Attention: Director, Office of Human Resources

1401 Constitution Avenue NW

Washington, D.C. 20230

Appeals to the OPM should be submitted to:

U.S. Office of Personnel Management

Classification Appeals and FLSA Claims Program Manager

1900 E Street NW, Room 6484

Washington, D.C. 20415

.11 Appeal Decisions. Classification decisions are based on the duties and responsibilities assigned by management and performed by the employee, on the qualifications required to perform the work, and on the proper application of the classification standards. Positions will not be compared to other positions and consideration will not be given to such factors as qualifications an employee possesses that are not required for the work of the position; quality of performance; or volume of work assigned to the position. Employees and SHRO/ESO will be notified in writing of the classification decision stating the determination of the correct pay system, title, occupational series, and grade of the position.

.12 Cancellation or Withdrawal of an Appeal. Employees may withdraw their appeal at any time before a classification decision is issued by the Department, the OIG/OHRM or OPM. The Department, OIG/OHRM or OPM may cancel an employee's appeal if the employee or their designated representative fails to provide requested information or proceed with the advancement of the appeal or leaves the position that is being appealed except when the employee would be entitled to the retroactive benefits including benefits allowable after the death of an employee appellant.

.13 Reconsideration of OPM appeal decision. There is no automatic right to a review of an OPM appeal decision; however, occasionally a review may be justified.

a. OPM may grant a reconsideration when written evidence or arguments are submitted that 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 reasonable doubt, the written request should refer specifically to the decision and to the applicable classification standard to demonstrate possible error in the technical evaluation of the position.

b. Requests for reconsideration must be submitted within 45 calendar days after the date of the decision.

c. An employee may submit a request directly to OPM; a SHRO/ESO may submit a request through the Director for Human Resources Management, OHRM; the OIG/OHRM may submit a request directly to OPM, with notification to the Director for Human Resources Management, OHRM.

SECTION 10. FEDERAL WAGE SYSTEM (FWS) JOB GRADING APPEALS.

.01 Scope. FWS employees covered by this Order, or their representatives have the right to appeal the classification of their current position at any time in accordance with the appeal avenues described in Section 10.05 of this Order.

.02 Employee Representative. Representatives must be designated in writing and have the same responsibility as the employee in cooperating in the appeal process

a. An employee may select a representative, and the employee and the representative, when the representative is also employed by the Department, shall be granted a reasonable time in presenting the appeal and shall be assured freedom from restraint, interference, coercion, or reprisal in presentation of the appeal.

b. The selection of a representative does not convey a right for the representative to be present during any fact-finding session unless specifically requested to do so by the organization conducting the session (i.e., SHRO, ESO, OHRM, OIG/OHRM) or unless specifically required by a collective bargaining agreement (CBA) or Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. 7101-7135 ("FLRA Statute").

c. In the event the employee appeals the classification of their current position to OPM and OPM audits the job, the employee's representative may not be present in accordance with Title 5, CFR 532.705(c).

.03 Appealable issues. Employees may appeal the following:

a. Pay System (i.e., inclusion in or exclusion from the Federal Wage System).

b. Occupational series.

c. Grade.

d. Position title to which the employee's job is assigned.

.04 Non-appealable issues. The following issues are not appealable; however, may be reviewed, if applicable, under the appropriate NGP.

a. The accuracy of the official PD, e.g., the inclusion or exclusion of a major duty in the official PD. An employee must refer this matter to their supervisor for review. If the accuracy of the PD cannot be resolved by this method, the employee may request a review in accordance with, if applicable, the appropriate NGP.

b. The accuracy, consistency, or use of standards established for the job.

c. The rate of pay.

d. The propriety of a wage schedule rate.

.05 Appeal Avenues. FWS employees have two avenues of appeal after they have appealed first to their headquarters' SHRO/ESO as applicable and received a classification decision. The following prescribed order must be followed:

a. First - Appeal to the Department for a final classification decision, or in the case of OIG employees, to the OIG/OHRM.

b. Second - Appeal to the OPM if dissatisfied with the Department's or OIG/OHRM's final classification decision.

.06 Desk Audits. Unless required by a CBA, desk audits are not mandatory for resolving appeals. The responsible HR staff member may elect to conduct an audit, at their discretion, when it is considered necessary to gather or clarify facts about the position under appeal.

.07 Time Limits. An employee may file an appeal of their current position at any time. However, if the result of a classification decision results in the reduction in grade or loss of pay, in order to be entitled to retroactive corrective action, if the next level of appeal results in a higher grade, the time limits in Title 5, CFR 532.703(b)(3) must be observed. Under this regulation, the following conditions must be met:

a. The appeal must be filed with the Department, or in the case of OIG employees, to the OIG/OHRM, within 15 calendar days of the effective date of the reclassification action to a lower grade.

b. If the final Department, or the OIG/OHRM classification decision was unfavorable, the subsequent appeal to OPM must be filed within 15 calendar days after receipt of the decision.

.08 Content of Appeals. An employee's appeal must be in writing and must include the following:

a. The employee's name, mailing address, and business telephone number.

b. The exact location of the employee's position within the Department (e.g., bureau, division, branch, section, unit).

c. The employee's current pay system, position title, occupational series, and grade.

d. The requested pay system, position title, occupational series, and grade.

e. A copy of the official PD along with a statement concerning its accuracy. If the employee contends that the PD is not accurate, the employee must provide their own description of the work currently being performed and describe the steps that were taken to have the official PD revised.

f. Reason(s) why the employee alleges that the position is erroneously classified. The employee must state the specific points of disagreement with the written evaluation statement rending the classification decision referring to job grading standards that support their appeal.

g. Name, mailing address, and business telephone number for the employee's representative, if applicable.

.09 Where to Submit Appeals.

Appeals to the Department should be submitted to:

U.S. Department of Commerce, Office of Human Resources Management

Attention: Director for Human Resources Management

1401 Constitution Avenue NW

Washington, D.C. 20230

Appeals to the OIG/OHRM should be submitted to:

U.S. Department of Commerce, Office of Inspector General

Attention: Director, Office of Human Resources

1401 Constitution Avenue NW

Washington, D.C. 20230

Appeals to the OPM should be submitted to:

U.S. Office of Personnel Management

Classification Appeals and FLSA Claims Program Manager

1900 E Street NW, Room 6484

Washington, D.C. 20415

.10 Appeal Decisions. Classification decisions are based on the duties and responsibilities assigned by management and performed by the employee, on the qualifications required to perform the work, and on the proper application of the job grading standards. Positions will not be compared to other positions and consideration will not be given to such factors as qualifications an employee possesses that are not required for the work of the position; quality of performance; or volume of work assigned to the position. Employees and SHRO/ESO will be notified in writing of the classification decision stating the determination of the correct pay system, title, occupational series, and grade of the position.

.11 Cancellation or Withdrawal of an Appeal. Employees may withdraw their appeal at any time before a classification decision is issued by the Department, the OIG/OHRM or OPM. The Department, OIG/OHRM or OPM may cancel an employee's appeal if the employee fails to provide requested information or proceed with the advancement of the appeal or leaves the position that is being appealed except when the employee would be entitled to the retroactive benefits including benefits allowable after the death of an employee appellant.

.12 Reconsideration of OPM appeal decision. There is no automatic right to a review of an OPM appeal decision; however, occasionally a review may be justified.

a. OPM may grant a reconsideration when written evidence or arguments are submitted that 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 reasonable doubt, the written request should refer specifically to the decision and to the applicable job grading standard to demonstrate possible error in the technical evaluation of the position.

b. There is no designated time-limit, an OPM FWS job grading appeal reconsideration request may be filed at any time.

c. An employee may submit a request directly to OPM; a SHRO/ESO may submit a request through the Director for Human Resources Management, OHRM; and the OIG/OHRM may submit a request directly to OPM, with notification to the Director for Human Resources Management, OHRM.

SECTION 11. EFFECT ON OTHER ORDERS.

This Order supersedes Department Administrative Order 202-511, dated January 10, 2001.

Signed by: Director for Human Resources Management and Chief Human Capital Officer

Approved by: Senior Advisor to the Deputy Secretary Performing the non-exclusive duties of the Chief Financial Officer and Assistant Secretary for Administration