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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) The following issues are not appealable to the Office under this subpart. Such issues may be reviewed under administrative or negotiated grievance procedures if applicable:
(1) The accuracy of the official position description including the inclusion or exclusion of a major duty 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 the accuracy of the position description cannot be resolved in this manner, the Office will decide the appeal on the basis of the actual duties and responsibilities assigned by management and performed by the employee;
(2) An assignment or detail out of the scope of normally performed duties as outlined in the official position description;
(3) The accuracy, consistency or use of agency supplemental classification guides; or,
(4) The title of the position unless a specific title is authorized in a published Office classification standard or guide, or the title reflects a qualification requirement or authorized area of specialization.
(b) The following issues are neither appealable nor reviewable:
(1) The class, grade, or pay system 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 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 time-limited promotion for 2 years or more may appeal the classification of their positions to the Office under these procedures.
(4) The classification of the employee's position based on position-to-position comparisons and not standards;
(5) The accuracy of grade level criteria contained in an Office classification guide or standard; or
(6) A classification decision that has been issued by the Office under this subpart when there has been no change in the governing classification standard(s) or the major duties of the position.
Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.511.607 Nonappealable issues - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-511-607/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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