Common use of Acting Capacity Pay Clause in Contracts

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) The temporary absence of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) The temporary absence of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's ’s control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) a. The temporary absence of an incumbent; b.) b. A vacancy exists for which recruitment is underway; or c.) c. Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) d. A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) e. Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee required to perform temporary the duties of a position in a classification for which the that has a rate of pay which is higher than that of the employee's classification for any shall be paid additional compensation on the 21st consecutive calendar day of work in the following reasons: a.acting capacity, retroactive to the first day stated in writing that the employee served in official acting capacity. In the event there is a vacancy that is anticipated to exceed thirty (30) consecutive calendar days the employee shall be paid acting capacity pay from the first day the employee started working in the higher classification. The temporary absence amount of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties acting capacity pay shall be at a level least 6% higher than that of the employee's classification. d.) A qualified current salary but not more than the maximum pay for the salary range. Employees shall receive duty days and accrual of leave rates commensurate with the position. The University may appoint any employee with the most seniority requisite experience and requirements of the position, to an acting capacity status in order to meet operational needs when time or circumstances do not permit the unit where immediate selection of a replacement. When an employee is appointed to or actually serving in an acting capacity he/she shall be eligible to receive the hourly rate of pay applicable to the higher classification but not less than the minimum of the salary grade. The University shall not rotate employees in and out of an acting capacity position in order to avoid the payment of acting capacity pay to one employee. Upon conclusion of the acting appointment, the employee’s salary shall revert to the employee’s last regular salary rate in effect prior to the acting capacity. Acting capacity appointments shall be voluntary and no employee shall be disciplined or retaliated against for rejecting an opportunity to work in an acting capacity appointment. Prior to accepting the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absentappointment, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications provided a job description of expected duties. The performance evaluation of the employee working the duties of a higher level and upon written request from pay rate shall reflect the Union shall provide a copy added responsibilities the employee performs. Employees who do not satisfactorily perform the required duties of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when returned to their previous position and shall not suffer formal disciplinary action, unless the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation employees conduct or actions warrant such disciplinary action. Acting capacity shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, on an hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity basis. The maximum period of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall be limited to six (6) months but may be extended for a period not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in payexceed twelve (12) months.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) The temporary absence of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher higher-level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection.of (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-for- hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) a. The temporary absence of an incumbent; b.) b. A vacancy exists for which recruitment is underway; or c.) c. Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) d. A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) e. Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) a. Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) b. For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) The temporary absence of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties at a level higher levelhigher than that of the employee's classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) The temporary absence of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher higher-level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control ’s control, or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee required to perform temporary the duties of a position in a classification for which the that has a rate of pay which is higher than that of the employee's classification for any shall be paid additional compensation on the 21st consecutive calendar day of work in the following reasons: a.acting capacity, retroactive to the first day stated in writing that the employee served in official acting capacity. In the event there is a vacancy that is anticipated to exceed thirty (30) consecutive calendar days the employee shall be paid acting capacity pay from the first day the employee started working in the higher classification. The temporary absence amount of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties acting capacity pay shall be at a level least 6% higher than that of the employee's classification. d.) A qualified current salary but not more than the maximum pay for the salary range. The University may appoint any employee with the most seniority requisite experience and requirements of the position, to an acting capacity status in order to meet operational needs when time or circumstances do not permit immediate selection of a replacement. When an employee is appointed to or actually serving in an acting capacity he/she shall be eligible for a salary increase of not less than six percent (6%) retroactive to the unit where first day of performing the higher duty. The University shall not rotate employees in and out of an acting capacity position in order to avoid the payment of acting capacity pay to one employee. Upon conclusion of the acting appointment, the employee’s salary shall revert to the employee’s last regular salary rate in effect prior to the acting capacity. Acting capacity appointments shall be voluntary and no employee shall be disciplined or retaliated against for rejecting an opportunity to work in an acting capacity appointment. Prior to accepting the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absentappointment, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications provided a job description of the higher level and upon written request from the Union shall provide a copy expected duties in writing. The performance evaluation of the acting capacity form as documentation employee working the duties of a higher pay rate shall reflect the added responsibilities the employee performs. Employees who do not satisfactorily perform the required duties of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when returned to their previous position and shall not suffer formal disciplinary action, unless the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 ’s conduct or above, additional compensation shall be paid for the period in excess of 20 continuous workdaysactions warrant such disciplinary action. The initial maximum period of acting capacity is shall be limited to 6 six (6) months or less and but may be extended for periods of up a period not to 6 exceed twelve (12) months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. A. An employee designated by an appointing authority to perform on a temporary basis the duties of a position in a classification that has a rate of pay which is higher than that of the employee=s classification shall be paid additional compensation. The amount of acting capacity pay shall be the amount which the employee would be paid if permanently promoted to the higher classification unless otherwise provided by law. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's =s classification for any of the following reasons: a.(a) The temporary absence of an incumbent; b.(b) A vacancy exists for which recruitment is underway; or c.(c) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's =s classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an An appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selectionlevel. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's =s classification if both the employee's =s classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's =s normal rate of compensation is: a.(a) Between grades 5 1 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdayswork days; b.(b) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdayswork days. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's =s control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) The temporary absence of an incumbent; b.) A vacancy exists for which recruitment is underway; or c.) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to continueto be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's ’s control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that actionsthat relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. A. An employee designated by an appointing authority to perform on a temporary basis the duties of a position in a classification that has a rate of pay which is higher than that of the employee=s classification shall be paid additional compensation. The amount of acting capacity pay shall be the amount which the employee would be paid if permanently promoted to the higher classification unless otherwise provided by law. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's =s classification for any of the following reasons: a.a) The temporary absence of an incumbent; b.b) A vacancy exists for which recruitment is underway; or c.c) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's =s classification. d.) A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an An appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selectionlevel. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's =s classification if both the employee's =s classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's =s normal rate of compensation is: a.a) Between grades 5 1 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdayswork days; b.b) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdayswork days. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's =s control or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.

Acting Capacity Pay. (1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: a.) a. The temporary absence of an incumbent; b.) b. A vacancy exists for which recruitment is underway; or c.) c. Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. d.) d. A qualified employee with the most seniority in the unit where the acting capacity is to occur will normally be given the opportunity to perform the higher higher-level duties. If a less senior employee is designated, upon written request from the Union, the appointing authority or designee shall provide a copy of the acting capacity form as documentation of the selection. e.) e. Should a supervisor assign an employee more than 50% of the higher-level duties of a position that is vacant or from which the incumbent is temporarily absent, the employee shall be considered designated for acting capacity pay. (2) Wherever possible an appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level and upon written request from the Union shall provide a copy of the acting capacity form as documentation of the selection. (3) An appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. (4) Payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: a.) Between grades 5 and 10, additional compensation shall be paid for the period in excess of 10 continuous workdays; b.) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous workdays. The initial period of acting capacity is limited to 6 months or less and may be extended for periods of up to 6 months. Notwithstanding the above, hour-for-hour acting capacity pay shall be paid to eligible employees who function in the capacity of the Transportation Heavy Equipment Shop Chief effective with the first hour of the assignment and acting capacity pay will continue to be paid in other cases where employees currently receive such pay. (5) An employee in acting capacity shall not be relieved of such capacity prior to the completion of the waiting period for the purpose of avoiding acting capacity payment as evidenced by their subsequent return to acting capacity. The Employer shall not rotate employees in an acting capacity position to avoid acting capacity payment nor shall employees be recurrently scheduled in an acting capacity position without compensation unless there are unusual circumstances outside the Employer's control control, or they volunteer to do so. An employee who is not paid acting capacity pay may not be negatively evaluated on his/her performance in the acting capacity position and may not be disciplined for actions that relate to the acting position taken in good faith. An employee shall not be required to accept an acting capacity assignment if he/she would suffer a loss in pay.