Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. A. If the employee or the Union is not satisfied with the decision of the agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's receipt of the agency director's decision. B. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days. C. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining shall direct the agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, in writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. E. The parties shall schedule a hearing officer to determine if an employee was performing the duties contained in a classification which carries a higher pay range than the employee's current classification and for what period of time. Present at the hearing shall be a union representative and a management representative who will present their arguments to the hearing officer. The hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. The expenses of the hearing officer shall be borne equally by the parties. The decision of the hearing officer shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes.
B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency Agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency Agency designee determines that the grievant is performing duties not contained in his/her classification, the agency Agency designee will direct the appropriate management Management representative to immediately insure iensure that the grievant stops performing those particular duties. No meeting shall be held. If the agency Agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency Agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's ’s current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's ’s current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union.
A. C. If the employee or the Union is not satisfied with the decision of the agency Agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's ’s receipt of the agency Agency director's ’s or designee’s decision.
B. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining Bargaining, or designee, shall investigate and issue a decision within thirty (30) calendar days.
C. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining Bargaining, or designee, shall direct the agency Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, arbitration in writing, writing within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. 1. The parties shall schedule a hearing officer an arbitrator to determine if an employee was performing the duties contained in a classification which carries a higher pay range other than the employee's ’s current classification and for what period of time.
2. Present at the hearing shall be a union Union representative and a management Management representative who will present their arguments to the hearing officerofficer arbitrator. The hearing officer arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time.
3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties.
4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer arbitrator shall be borne equally by the parties. The decision of the hearing officer arbitrator shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes.
B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency Agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's ’s current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union.
A. C. If the employee or the Union is not satisfied with the decision of the agency Agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's ’s receipt of the agency director's Agency director or designee’s decision.
B. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining Bargaining, or designee, shall investigate and issue a decision within thirty (30) calendar days.
C. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining Bargaining, or designee, shall direct the agency Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, arbitration in writing, writing within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. 1. The parties shall schedule a hearing officer an arbitrator to determine if an employee was performing the duties contained in a classification which carries a higher pay range other than the employee's ’s current classification and for what period of time.
2. Present at the hearing shall be a union Union representative and a management Management representative who will present their arguments to the hearing officerarbitrator. The hearing officer arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time.
3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties.
4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer arbitrator shall be borne equally by the parties. The decision of the hearing officer arbitrator shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes.
B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union.
A. C. If the employee or the Union is not satisfied with the decision of the agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's receipt of the agency director's decision.
B. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days.
C. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining shall direct the agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, in writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. 1. The parties shall schedule a hearing officer to determine if an employee was performing the duties contained in a classification which carries a higher pay range other than the employee's current classification and for what period of time.
2. Present at the hearing shall be a union representative and a management representative who will present their arguments to the hearing officer. The hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time.
3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties.
4. The parties mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer shall be borne equally by the parties. The decision of the hearing officer shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. A. New employees SECTION 1 The top three scoring firefighters on the most recent promotional examination shall be provided a copy of their position descriptionassigned, one each, to the three platoons as designated by the Fire Chief. When position descriptions are changed, employees These firefighters shall be furnished a copy designated as the Acting Fire Lieutenant of each respective unit.
SECTION 2 In the event that any of the top three scoring firefighters refuses to take the position as an Acting Lieutenant, his name will be placed on the bottom of the current promotional list.
SECTION 3 In the absence of the regularly promoted Lieutenant, the Acting Lieutenant will accept responsibilities, duties and compensation of the regularly promoted Lieutenant.
SECTION 4 In the event that the firefighter designated as Acting Lieutenant of the unit is absent or cannot be placed on the engine company due to staffing difficulties, the Captain shall designate the firefighter who will temporarily assume the position of Acting Lieutenant.
SECTION 5 Any Acting Lieutenant vacancies shall be allowed to comment and propose changesfilled by the next highest scoring firefighter on the most recent Lieutenant’s promotional examination.
B. If an employee believes SECTION 6 In the absence of the regularly promoted Captain of the unit, the Lieutenant assigned to that he/she has been assigned duties substantially beyond unit shall accept the scope of his/her current classificationduties, responsibilities and compensation as acting Captain.
SECTION 7 During time periods so designated by the Fire Chief, the Fire Chief may designate the highest ranking officer on duty to assume the duties, responsibilities, and compensation as the assigned duties have been performed for more than four (4) working days, then Acting Fire Chief.
SECTION 8 An Acting Fire Chief shall be compensated at the regular hourly rate of the Fire SECTION 9 Acting Fire Officer positions shall be filled only by successive ranks. SECTION 10 Any employee may file a grievance with of the agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally Division of Fire who is required or assigned to accept the employee. The agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that responsibilities must carry out the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance.
A. If the employee position or the Union is not satisfied with the decision of the agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's receipt of the agency director's decision.
B. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days.
C. If it is determined rank above that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining shall direct the agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, in writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. The parties shall schedule a hearing officer to determine if an employee was performing the duties contained in a classification which carries a higher pay range than the employee's current classification and for what period of time. Present at the hearing shall be a union representative and a management representative who will present their arguments to the hearing officer. The hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. The expenses of the hearing officer shall be borne equally by the parties. The decision of the hearing officer shall be final and binding.he
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes.
B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will wi ll issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union.
A. C. If the employee or the Union is not satisfied with the decision of the agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's receipt of the agency director's decision.
B. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days.
C. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining shall direct the agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, in writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. 1. The parties shall schedule a hearing officer to determine if an employee was performing the duties contained in a classification which carries a higher pay range other than the employee's current classification and for what period of time.
2. Present at the hearing shall be a union representative and a management representative who will present their arguments to the hearing officer. The hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time.
3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties.
4. The parties mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer shall be borne equally by the parties. The decision of the hearing officer shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. The language in this Article continues unchanged from the previous Agreement.
A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes.
B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union.
A. C. If the employee or the Union is not satisfied with the decision of the agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's receipt of the agency director's decision.
B. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days.
C. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining shall direct the agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, in writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. 1. The parties shall schedule a hearing officer to determine if an employee was performing the duties contained in a classification which carries a higher pay range other than the employee's current classification and for what period of time.
2. Present at the hearing shall be a union representative and a management representative who will present their arguments to the hearing officer. The hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time.
3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties.
4. The parties mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer shall be borne equally by the parties. The decision of the hearing officer shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes.
B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the agency Agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The agency Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency Agency designee determines that the grievant is performing duties not contained in his/her classification, the agency Agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency Agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency Agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's ’s current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's ’s current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union.
A. C. If the employee or the Union is not satisfied with the decision of the agency Agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee's ’s receipt of the agency Agency director's ’s decision.
B. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days.
C. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining shall direct the agency Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above.
D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration, in writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due.
E. 1. The parties shall schedule a hearing officer to determine if an employee was performing the duties contained in a classification which carries a higher pay range other than the employee's ’s current classification and for what period of time.
2. Present at the hearing shall be a union Union representative and a management representative who will present their arguments to the hearing officer. The hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time.
3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties.
4. The parties mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer shall be borne equally by the parties. The decision of the hearing officer shall be final and binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement