Ask The Lawyer

By Debra Roth

Q & A Session: Delay in Classification Audit

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Q:  I submitted a classification audit based on accretion of duties.  There was a long delay in interviewing me until I asked the Union President for help on this matter.  Then, I finally was interviewed for the audit five months ago.  The interviewer told me that her boss had said I deserved a grade increase based on my work.  I have heard nothing since.  I am afraid my Agency is retaliating against me for contacting the union about this matter.  Do they have a deadline to respond?  Can I file a Freedom of Information Act request to learn more about what is going on?

A: It sounds as though you have pursued a desk audit performed by your Agency.  Your internal agency processes and deadlines for processing your audit are unclear to me, but you could request the written guidelines from your human resources office.

You may be able to learn more about what is going on behind the scenes with a Freedom of Information Act/Privacy Act request.  Agencies are sometimes slow to respond to such requests, but it can be a useful means to learn more.  You could also continue to request union assistance, since it appears that they were able to aid you in speeding the process along before.

Please know that you can always seek a classification appeal with the Office of Personnel Management. You can find the appeal procedures at 5 CFR § 511.601-511.616.  However, be aware that OPM can and does find that that people requesting audits are actually graded too highly, leading to a reduction, rather than an increase, in grade.

This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth P.C., a federal employment law firm.

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Comments

  1. Rules Of Civil Procedure Says:
    June 5th, 2014 at 12:05 pm

    Cheers for submitting this. This addressed a whole lot of concerns in which I had.

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