Civil Service Commission Action
on OIT Class. Appeals-Backpay for Appellants

As you know, there have been very few promotions at OIT in recent years. Many experienced staff have left the agency and have not been replaced leading to a huge number of people at OIT performing out of title work.

In practice, the only means of gaining a promotion has become the classification appeal process in which our OIT members have completed DPF-44 forms describing the work that they perform and submitted them (usually with CWA's assistance) through OIT to the Department of Personnel (now the Civil Service Commission). Desk audits are then performed by DOP/CSC and a determination letter is issued by DOP/CSC indicating the appropriate title for the work performed by the person and an effective date for this new title.

In the overwhelming number of cases in recent years, DOP/CSC has found that OIT members are performing the work of a higher title and has issued letters of determination indicating this.

Up until approximately March of this year (08) OIT complied with these results by promoting our members to the title ndicated by DOP/CSC.

After March 2008, OIT stopped making promotions to comply with the DOP/CSC letters of determination.

Instead, OIT opted to attempt to have our members sign new DPF-44 forms indicating that the job duties of the higher title had been remove -- although all involved knew that the job duties had not been removed.

In response, CWA filed Requests for Enforcement with the Civil Service Commission for those members whose DPF-44s we had processed who had been found by DOP/CSC to be working out of title.

Civil Service Commission Rules on Our Appeal (Request for Enforcement)

On December 18, 2008 CSC ruled on our appeals.

Frankly speaking, the ruling was as favorable as I believe possible from the CSC. In short, the CSC determined that:

1) All appellants are owed back pay for working out of title from the date originally determined by DOP/CSC until the date of the new DPF-44 forms that indicated job duties have been taken away.

2) CSC found that those members who signed the new DPF-44s given to them by management indicating work in a lower title were now properly classified in the lower title. In several cases, members argued that they had been coerced into signing the new DPF-44 which were not accurate. The CSC chose to accept the new DPF-44 (indicating a lower title) even though the member stated that the duties of the higher title have not actually been taken away. To continue with the classification appeal, these members will need to file new DPF-44s.

3) Those members who refused to sign the DPF-44s prepared by management indicating a lower title are in a better situation. DOP will perform a new desk audit within 60 days; they may receive additional backpay and a promotion depending on the results of the desk audit.

A Word to the Wise

Beware of managers promising future promotions while asking you to sign official documents to take away a current promotional opportunity.

Anyone who processed a DPF-44 on their own and received a letter of determination should contact CWA as soon as possible to arrange for a Request for Enforcement to be filed if possible. Such people are likely to be awarded backpay even if they signed a new DPF-44 indicating duties of a lower title.

This is yet another clear indication that OIT management has not protected the interests of members in this matter. Those members who refused to sign the new management prepared DPF-44s are clearly better off.

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