APPEAL PROCEDURE FOR CLASSIFICATION ACTIONS
FREQUENTLY ASKED QUESTIONS
1. Do employees have the right to have their position reviewed to
see if it is properly classified?
Yes. The Division of Personnel Administrative Rule, Section 4.5
(e) and (f), requires that the appointing authority inform the Division
of Personnel when significant changes occur in the duties assigned to a
position. If the agency fails to notify the Division of Personnel, then
the employee can file a request to have his or her position reviewed for
2. What is the basis for requesting a review of a position?
When new and significantly different duties are added to or deleted
from a position the agency should have a new Position Description Form
completed and sent to the Division of Personnel. If the agency fails to
do this then the employee may submit the Position Description form on their
own. But, remember, the Position Description Form requires that the immediate
supervisor complete parts of the form. Also, the agency head or designee
must certify and sign the form. If the required signatures are not on the
form, then the Division of Personnel will return the form to the agency
for certification and signature. By rule, the Position Description Form
is the official description of the duties assigned to the position.
3. What happens after the completed Position Description Form is
received by DOP?
The Position Description Form is sent to the Classification & Compensation
Section for review. A Personnel Analyst who has responsibility for your
agency will review the form to see if it is completed properly or if additional
information is needed for the review. The Position Description Form is
then compared to various class specifications to see if the position is
properly classified. The review may include a field audit where the analyst
goes to the work site and talks to the employee and the supervisor. Based
on the information provided the analyst makes a classification determination
which is then further reviewed by the Classification & Compensation
Section manager. A memo explaining the classification decision along with
the Position Description Form is returned to the agency personnel unit
or to the agency head. The memo also explains the appeal rights permitted
One of the important items the Classification & Compensation Section
is looking for in the review is the addition of significant new duties
to the position. Agencies and employees should not submit Position Description
Forms for review unless a substantial change has been made to the position.
It is not appropriate to request a classification review simply as a means
to grant an employee a pay increase.
4. What can the agency or the employee do if they disagree with the
decision made on the classification of the position?
Either the employee or the agency can submit a written request for reconsideration
to the Director, Division of Personnel. The director will review all the
information submitted by the employee and the agency as well as the analysis
of the position by the Classification & Compensation Section and then
render a final classification determination. This determination is submitted
in writing to the employing agency and the employee.
5. What are the timelines for the classification appeals process?
The Division of Personnel has a stated goal of processing classification
reviews within 30 days after receipt. Additional time may be required for
the review if it is necessary to request additional information such as
a more complete description of the duties or an organizational chart. Also,
the timeline is necessarily extended if a field audit is required to complete
the review. The agency will receive a memo acknowledging receipt
of the Position Description Form and the expected date of completion.
If the employee does not receive a response within 30 days he or she should
contact the Classification & Compensation Section and inquire about
the review. Section phone numbers and e-mail addresses are found in the
Us section of the Classification & Compensation site.
6. What if the employee disagrees with the Director of Personnel's
determination on the classification of the position? Is there any way to
get the decision reviewed?
Yes. State employees can have the decision reviewed under the state employees grievance procedure. Chapter 29-6A of the West Virginia Code allows employees to seek redress of classification issues through the grievance procedure. The grievance must be filed within 10 working days after receipt of the Director of Personnel's written notification. Employees needing assistance in filing a grievance should talk to his or her supervisor or call the Division of Personnel, Employee Relations Section at (304) 558-3950 ext. 57209.
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