| 1.1 |
A classification action appeal is defined as a manager’s opportunity to request a correction or reversal of a position classification review outcome. A manager has the right to appeal any position action request decision for which they disagree. |
| 1.2 |
This includes, but is not limited to, role changes, establishments, redefinitions, and position attribute changes. The following procedure addresses how to appeal a classification decision. |
| SCOPE: |
| 2.1 |
This procedure applies to all Classified and University Staff positions. It does not apply to Faculty positions. |
| AUTHORITIES AND ADMINISTRATION: |
| 3.1 |
The Director of the Office of Compensation Management is responsible for the approval of the classification action appeal procedure, as well as the final reviewer for all classification appeals. |
| 3.2 |
The Office of Compensation Management is available for consultation regarding classification transactions. |
| PROCEDURE: |
| 4.1 |
A compensation consultant in the Office of Compensation Management (OCM) will be assigned to each position action request that is submitted for review. Position action requests are management initiated and cannot be submitted by the employee. Once a decision has been made, the assigned compensation consultant will inform the contact person, in writing, of their decision. |
| 4.2 |
Only the designated supervisor/manager of the position may file an appeal. |
| 4.3 |
The designated supervisor/manager of the position may appeal a classification determination to the OCM no later than calendar (20) calendar days after the contact receives written notification of the decision. The appeal must be submitted on the official Position Action Appeal Request form. The appeal shall include the specific reasons for disagreement with the classification determination and any additional supporting documentation. |
| 4.4 |
A school/department may only appeal classification review outcomes that resulted from an official review conducted the University’s classification process. |
| 4.5 |
Classification decisions that are routed through the typical classification process and are appealed will be reviewed by a Panel consisting of all OCM consultants. The Panel will review the position based on existing criteria, and any new information provided by the supervisor/manager. The Panel review may also include some or all of the following:
- Review of materials used by the compensation consultant in making their determination
- On-site or telephone audit of the position with the incumbent, supervisor, and/or other individuals
- Discussion with other staff within other divisions of University Human Resources
|
| 4.6 |
If the Panel finds that more information is needed from the department, they will request it from the contact person in the department and communicate a deadline date for receipt of this information. If it is not provided by the deadline, the appeal request may be cancelled by the OCM Director. |
| 4.7 |
The Panel shall make a recommendation to the OCM Director after deliberating the merits of each eligible case. After reviewing the information regarding the position, the OCM Director (or his/her designee) will notify the contact person, in writing, of the outcome of the appeal. This notification should be within thirty (30) days of receipt of the position action appeal. This will be the final step in the appeal process. |
| 4.8 |
Should the original classification decision be overturned on appeal, any changes to the position as a result of the appeal will be processed effective the next prospective payroll begin date. Under no circumstances will the action be backdated. The Office of Compensation Management will work with the department to address any compensation issues arising from this. |
| 4.9 |
If a supervisor/manager misses the deadline of twenty (20) calendar days after notification, they are unable to appeal the position action. A supervisor/manager may not submit the same position action request that was appealed for a period of nine months. |
| FACTORS THAT MAY BE CONSIDERED FOR AN APPEAL: |
| 5.1 |
The following factors are criteria that affect the classification of a position and therefore are eligible for review upon appeal: |
| |
| 5.1.1 |
Complexity of Work: Job related duties may have been undervalued in determining the appropriate classification level. |
| 5.1.2 |
Diversity of Duties: The entire scope of responsibilities may not have been fully considered when rendering the initial decision. |
| 5.1.3 |
Independent Authority: The impact of decisions and consequence of error may not have been sufficiently considered. |
| 5.1.4 |
Impact: Supervisory responsibilities, change in the organization, and the effect on other departments or agencies, may not have been appropriately understood. |
| 5.1.5 |
Responsibility for Resources: The extent of the resources for which the employee has responsibility including, but not limited to, human, financial, facilities, material, and information systems may not have been sufficiently considered. |
|
| FACTORS THAT CANNOT BE CONSIDERED FOR APPEAL: |
| 6.1 |
The following factors are not considered in the classification decision of a position and therefore cannot be the basis of an appeal. |
| |
| 6.1.1 |
Longevity: The basis for the appeal is based on the incumbent not receiving a salary increase because he/she has reached the maximum of the range, or because the incumbent is a long term employee; |
| 6.1.2 |
External to the UVa Comparisons: The basis for the appeal is a comparison to a specific position external to the University of Virginia; |
| 6.1.3 |
Internal to UVa Comparisons: The basis for the appeal is upon a comparison to another position at UVa and not the Department of Human Resources (DHRM) classification standards; |
| 6.1.4 |
Employee’s Financial Need: The basis for the appeal is the financial need of the incumbent; |
| 6.1.5 |
Assignment of Future Work: Positions are evaluated on what they are currently doing, not what they are expected to do in the future as the job evolves; |
| 6.1.6 |
Performance Related Characteristics: Performance behaviors such as initiative, efficiency, dependability, etc. and personality traits (i.e. loyal, dedicated, hard working, etc.) are not part of the classification of a position and as such cannot be considered in an appeal; |
| 6.1.7 |
Increased Volume: The basis for the appeal rests upon increase in volume but not complexity of work. Increase in volume of work and change of duties at the same classification level may be addressed through the In-Band Adjustment (IBA) process. |
|
| WITHDRAWING AN APPEAL: |
| 7.1 |
A supervisor/manager may withdraw an appeal at any time by notifying the Office of Compensation Management. As stated above, an appeal may be cancelled if the appellant neglects to respond to requests for information within the timeframe provided. |
| RIGHT TO UPDATE THIS PROCEDURE: |
| 8.1 |
The Office of Compensation Management reserves the right to update this procedure at any time. |
| APPROVAL: |
| 9.1 |
This Procedure is approved by the Office of Compensation Management Director, 12/15/06 |
