5 C.F.R. § 511.603
Right to appeal
(a) Employee appeal. An employee, or the employee's designated representative acting on behalf of an employee, may request an Office decision as to:
(1) The appropriate occupational series or grade of the employee's official position.
(2) The inclusion under or exclusion from chapter 51 of title 5, United States Code, of the official position by the employee's agency or the Office, except in the case of a position located in the Office of the Architect of the Capitol.
(b) Agency appeal. The head of an agency, or an authorized representative, may appeal any classification certificate issued by the Office under sections 5103 or 5110 of title 5, U.S.C., with respect to any position in the agency.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1974–2021 · leading case: Douglas v. Norton, 167 F. App'x 698 (10th Cir. 2006).
Douglas v. Norton, 167 F. App'x 698 (10th Cir. 2006). “§ 5112 (a)(3), (4), (b); 5 C.F.R. § 511.603 (a)(1). The “decision made by the Office [of Personnel Management] is final unless reconsidered by the Office.”
Hunt v. United States Dep't of Agric., 740 F. Supp. 2d 41 (D.D.C. 2010). “See 5 C.F.R. § 511.603 ; see also Marcheggiani v.”
Weslie C. Haneke v. Sec'y of Health, Educ. & Welfare, 535 F.2d 1291 (D.C. Cir. 1976). “§ 5103; see 5 C.F.R. § 511.603 (a)(2) (1975) (employee right to appeal to CSC from agency decision including him within or excluding him from the “General Schedule”).”
Chambers v. Sebelius, 6 F. Supp. 3d 118 (D.D.C. 2013). “While Plaintiff appealed the desk audit’s findings, this appeal was cancelled when Plaintiff applied for and was selected for a GS-11 position at ACF, as an employee cannot appeal the classification of apposition to which they are not officially assigned.”
Milo Burroughs v. Off. of Pers. Mgmt., 764 F.2d 1300 (9th Cir. 1985). “Section 5112 grants OPM general authority to decide whether positions are appropriately classified and authorizes classification appeals by affected employees or agencies to OPM.”
Hunt v. United States Dep't of Agric. (D.D.C. 2010). “See 5 C.F.R. § 511.603 ; see also Marcheggiani v.”
Marrone v. U. S. Immigr. & Naturalization Serv., 500 F.2d 418 (2d Cir. 1974). “Thus, although it is true that there were submissions by the Council and the Union before the Commission adopted the revised standard here in dispute, these informal procedures were no substitute for the administrative appeal procedures embodied in 5 C.F.R. § 511.603 . See,…”
Marrone v. U.S. Immigr. & Naturalization Serv., 500 F.2d 418 (2d Cir. 1974). “5 C.F.R. 511.603. In substance, that regulation expressly permits an appeal by an employee such as Marrone or any other member of the class to request a Commission decision as to the appropriate class or grade of his position.”
Kay Austin v. Env't Prot. Agency (MSPB 2016). “151 , 154 (1990), as such disputes fall within the exclusive jurisdiction of the Office of 4 Personnel Management, 5 C.F.R. § 511.603 . Thus, the Board may exercise its jurisdiction in a constructive demotion appeal only when a position actually has been reclassified upward and…”
Jennifer Seed v. Env't Prot. Agency (MSPB 2016). “” 5 C.F.R. § 511.603 (a)(1). 11 adjudication only if the administrative judge’s comments or actions evidence “a deep-seated favoritism or antagonism that would make fair judgment impossible.”
Jennifer Seed v. Env't Prot. Agency (MSPB 2016). “” 5 C.F.R. § 511.603 (a)(1). 11 adjudication only if the administrative judge’s comments or actions evidence “a deep-seated favoritism or antagonism that would make fair judgment impossible.”
Guertin v. MSPB (Fed. Cir. 2021). “612 ; see also 5 C.F.R. § 511.603 (provid- ing the circumstances in which an employee has a right to appeal and to whom).”
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