Mass. Gen. Laws » Part I Title III Chapter 30
Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 49 (2026)

Appeal from classification

✓ current as of July 2026
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Section 49. A manager or an employee of the commonwealth objecting to any provision of the classification affecting the manager or employee's office or position may appeal in writing to the personnel administrator. If the administrator finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, he shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five. Any manager or employee or group of employees further aggrieved after appeal to the personnel administrator may appeal to the civil service commission. Said commission shall hear all appeals as if said appeals were originally entered before it. If said commission finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, it shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five.

If the personnel administrator or the civil service commission finds that the office or position of the person appealing shall warrant a different position allocation or that the class in which said position is classified shall be reallocated to a higher job group and so recommends to the budget director and the house and senate committees on ways and means in accordance with the provisions of this section, and if such permanent allocation or reallocation shall have been included in a schedule of permanent offices and positions approved by the house and senate committees on ways and means, such permanent allocation or reallocation shall be effective as of the date of appeal to the personnel administrator.

The provisions of this section, as they relate to appeals on the reallocation of a class or group of classes to a higher job group or job groups, shall not apply to any employee whose position is included in a collective bargaining unit represented by an employee organization certified in accordance with the provisions of section four of chapter one hundred and fifty E.

Notes of Decisions
Cited in 6 cases, 1972–2006 · leading case: Town of Falmouth v. Civil Serv. Comm'n, 857 N.E.2d 1052 (Mass. 2006).
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Town of Falmouth v. Civil Serv. Comm'n, 857 N.E.2d 1052 (Mass. 2006). “7, § 25A (transfer of certain supplies and equipment between State agencies); G. L. c. 30, § 49 (classification of office or position of State employee); G.”
Murphy v. Adm'r of the Div of Pers. Admin., 386 N.E.2d 211 (Mass. 1979). “Subsequently, tax counsel members of the Murphy group appealed to the Personnel Bureau and then to the Personnel Appeals Board, pursuant to G.L.c. 30, § 49, seeking a three-job group reallocation.”
Kirkpatrick v. Commonwealth, 284 N.E.2d 618 (Mass. 1972). · cites it 7× “Under G. L. c. 30, § 49, as amended through St.”
Serv. Employees Int'l Union v. Labor Relations Comm'n, 571 N.E.2d 18 (Mass. 1991). · cites it 6× “The collective bargaining agreement provided in effect that any individual employee who was dissatisfied with the classification of his or her position had a right to challenge the determination by an appeal pursuant to G. L. c. 30, § 49 (1988 ed.). If such an appeal were to be…”
Murphy v. Adm'r of the Div. of Pers. Admin., 386 N.E.2d 211 (Mass. 1979). “Subsequently, tax counsel memhers of the Murphy group appealed to the Personnel Bureau and then to the Personnel Appeals Board, pursuant to G. L. c. 30, § 49, seeking a three-job group reallocation.”
Gavin v. Commonwealth, 310 N.E.2d 922 (Mass. App. Ct. 1974). “838, § 1) (commissioner) forwarded to the director a copy of the 1969 decision *834 and recommendation of personnel appeals board (G. L. c. 30, § 49, as amended) (appeals board) did not amount to a “request” by the commissioner within the meaning of § 45(5) (a) or (b) or to a…”
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