Common use of Allocation and Reallocation Clause in Contracts

Allocation and Reallocation. Allocation and Reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions of the Human Resources Manager or the Arbitrator shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties shall agree to utilize the services of a single arbitratorpermanent Arbitrator and alternate. The Arbitrator Both shall be experienced arbitrators in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorArbitrator and alternate, they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator Arbitrator and alternate and each party shall bear the costs cost of preparing and presenting its own case. The State will notify the Union of any decisions reached concerning any requests for a reclassification and/or reallocation at the same time the agency is notified. 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. a a. The Arbitrator’s decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of the year the reclassification or reallocationreallocation is budgeted. 6. An employee The provisions of this Article will be effective as provided in the Term of Agreement article; provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979- D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdaysconducted only as part of compensation system bargaining and only pursuant to 26 M.R.S.A. §979-D(1)(E)(l)(h).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification Reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment Assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the The establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS MMA and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification The provisions of this Article (493) shall be effective as provided in Article 71 (Term of Agreement); provided, however, that provisions of this Article shall be re-opened for negotiation upon thirty (30) day written notice, or a reallocation shall do so in writing demand to the Human Resources Managerreopen, given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), (h) and (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS re-opened negotiations shall be posted for five (5) workdaysconducted only as a part of compensation system bargaining and only pursuant to 25 M.R.S.A. §979-D(1)(E)(1)(h).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation realloca­tion are the assignment or reassignment, respectively, of a classification clas­si­fication to the appropriate grade in the compensation com­pensation plan. 1. MSEA MSTA may appeal to final and binding arbitration a determination de­­­­termi­nation of the Director of Human Resources Manager on the classificationclassifica­­­­tion, reclassificationre­clas­sification, allocation or reallocation real­loca­tion of a position or classificationclassifi­cation. Such appeal shall be made within fifteen fif­teen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologicallychro­nologically, by date of appeal, unless un­less the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be an arbitrator experienced in job evaluation disputesdis­putes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Associa­tion. The parties shall share equally the costs and expenses of the arbitrator arbitra­tor(s) and each party par­ty shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing exist­ing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions 's deci­sion shall be final and binding on: (a) the The combination or merging merg­ing of classifications and the allocation al­location of the resulting new classifications clas­sifications to pay grades; (b) reclassification Reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocationallo­cation; (c) assignment Assignment to classifications classifica­tions or the establishment and pay grade allocations of new classifications classifi­cations for new positions; (d) the The establishment of separate sep­arate classifications and pay grade allocations for positions within the same classification on the basis ba­sis of significant difference in duties. 3. Except for reclassifications reclassifica­tions and reallocations in connection con­­­nec­tion with a reorganization, any reclassification re­classification or reallocation decisions de­cision of the Director of Human Resources Manager or the Arbitrator Arbitra­tor or Alter­nate shall be effective as of the date of the written initiation ini­ti­a­tion of the reclassification or reallocation realloca­tion request by the employee, MSEA MSTA or MainePERS State and shall be implemented implement­ed retroactively when the funds are provided pursuant to budgetary procedurespro­cedures. MainePERS The State shall pay the employee reclassified or reallocated interest of two thirds of one percent (12/3%) per month on all moneys monies due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations re­allocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced re­duc­ed in salary as a result of reclassification re­clas­sification or reallocation. 6. An employee shall be provided pro­vided with a copy of his/her job description and specifications when appointed to a position and whenever whenev­er the job description and/or specifications spec­ifications are changed. 7. If qualifications for a classification change, affected employees em­ployees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification cer­tification or special qualifications qualifica­tions are required by state law, federal law or court order, or except ex­cept where licensing, registration, certification or special qualifications qualifica­tions are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification The provisions of this Article (34) shall be effective as provided in Article 50 (Term of Agreement); provided, however, that provisions of this Article shall be reopened for negotiation upon thirty (30) day written notice, or a reallocation shall do so in writing demand to the Human Resources Managerreopen, given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), (h) and (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS re-opened negotiations shall be posted for five (5) workdaysconducted only as a part of compensation system bargaining and only pursuant to 25 M.R.S.A. §979-D(1)(E)(1)(h).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassificationreclas- sification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions of the Human Resources Manager or the Arbitrator shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.. ◼ COMPENSATION 1. Merits

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Supervisory Services Bargaining Unit Agreement

Allocation and Reallocation. Allocation and Reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions of the Human Resources Manager or the Arbitrator shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties shall agree to utilize the services of a single arbitratorpermanent Arbitrator and alternate. The Arbitrator Both shall be experienced arbitrators in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorArbitrator and alternate, they shall seek the assistance of the Labor Relations ConnectionConnection (LRC). The parties shall share equally the costs and expenses of the arbitrator Arbitrator and alternate and each party shall bear the costs cost of preparing and presenting its own case. The State will notify the Union of any decisions reached concerning any requests for a reclassification and/or reallocation at the same time the agency is notified. 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a significant change in duties duties, except as provided below. The Arbitrator’s decisions 's or alternate's decision shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of the year the reclassification or reallocationreallocation is budgeted. 6. An employee The provisions of this Article will be effective as provided in the Term of Agreement article; provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979- D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdaysconducted only as part of compensation system bargaining and only pursuant to 26 M.R.S.A. §979-D(1)(E)(l)(h).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade or level in the compensation plan. 1. Requests for a job audit, whether by an employee, an employee's supervisor, a Department or Division Head, the Human Resources Director or the State Court Administrator must be submitted using the Position Evaluation Request (PER) Form (issued on 1/1/95) in accordance with the procedures outlined thereon. PER forms may be obtained from the Office of Human Resources. Requests for a job audit submitted in any other format will not be honored. Any job audit conducted by the Office of Human Resources as a result of the submission of a Position Evaluation Request form will be completed within a reasonable period of time, with the appropriate personnel, including the State Court Administrator, being notified of the findings and recommendations. The State Court Administrator will issue a determination as expeditiously as possible. If implementation cannot occur immediately due to the unavailability of budgeted funds, implementation shall occur retroactively when funds are provided pursuant to budgetary procedures. At that time, the Judicial Branch shall pay the employee reclassified or reallocated interest of 2/3 of one percent per month on all monies due as a result of the reclassification or reallocation from the date of the final decision until payment. MSEA shall be provided, when completed, with copies of any and all job audits, classifications and reclassifications and pay level allocations and reallocations conducted by the Judicial Branch. MSEA shall be provided prior notice and, when completed, copies of any and all job audits conducted by the Judicial Branch. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager State Court Administrator on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen thirty (1530) workdays work days of the ManagerState Court Administrator’s determination or within thirty (30) work days from the point at which MSEA becomes aware of such determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator the alternative permanent arbitrator who shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the alternative permanent arbitrator and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator alternative permanent arbitrator shall not assign any existing classification to a new salary grade level unless there has been a change in duties except as provided belowor labor market standards. The Arbitratoralternate permanent arbitrator’s decisions shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay gradeslevels; (b) reclassification b. Reclassification or pay grade level reallocation of positions the duties of which have changed since their last classification or allocationpositions; (c) assignment c. Assignment to classifications or the establishment and pay grade allocations level allocation of new classifications for new positions;; and (d) the d. The establishment of separate classifications and pay grade level allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions of the Human Resources Manager or the Arbitrator shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with reorganization shall be effective on the date they are approved and implemented. 5classification. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination de- termination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitratoran arbitration panel. The Arbitrator Subsequent selection of panel members, if necessary, shall be experienced in job evaluation disputes. If the parties cannot agree on the selection agreed to within sixty (60) days of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case.termination 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications Reclassification and reallocations reallocation in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS MMA and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description The provisions of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty this Article (6049) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five effective as provided in Article 71 (5) workdays.Term of Agreement); provided, however, that provisions of this Article shall be re-opened for

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS MMA and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS The MMA shall pay the employee reclassified or reallocated interest of two thirds of one percent (12/3%) per month on all moneys monies due as a result of the reclassification or reallocation from the date of the final decision until payment. However, any employee with a pending reclassification action in process prior to July 1, 1997, shall be entitled to interest payment of one percent (1%) per month on all monies due. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination determi- nation of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case.the 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation The provisions of this Article (54) shall do so be effective as provided in writing to the Human Resources Manager. Such request Article 75 (Term of Agreement); provided, however, that provisions of this Article shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty be re-opened for negotiation upon thirty (60) days after the request. If no determination is issued within the sixty (6030) day periodwritten notice, the union may appeal the matter or demand to binding arbitration any time thereafter. 9. Reclassification determinations made reopen, given by MainePERS shall be posted for five (5) workdays.either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system Reclassification/Range Change Appeal Committees

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination de- termination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment.the 4. Reclassifications Reclassification and reallocations reallocation in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties shall agree to utilize the services of a single arbitratorpermanent Arbitrator and alternate. The Arbitrator Both shall be experienced exper­ienced arbitrators in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorArbitrator and alter­nate, they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator Arbitrator and alternate and each party shall bear the costs cost of preparing pre­paring and presenting its own case. The State will notify the Union of any decisions reached concerning any requests for a reclassification and/or realloca­tion at the same time the agency is notified. 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties duties, except as provided below. The Arbitrator’s decisions 's or alternate's decision shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of reclassification or reallocationthat year. 6. An employee The provisions of this Article (8) will be effective as provided in Article 60 (Term of Agreement); provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdaysconducted only as part of compensation system bargaining and only pursuant to 25 M.R.S.A. §979-D(1)(E)(l)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions of the Human Resources Manager or the Arbitrator shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Supervisory Services Bargaining Unit Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassificationreclas- sification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case.the 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification The provisions of this Article (48) shall be effective as provided in Article 71 (Term of Agreement); provided, however, that provisions of this Article shall be re-opened for negotiation upon thirty (30) day written notice, or a reallocation shall do so in writing demand to the Human Resources Managerre-open, given by either party when such notifying party has concluded that re- opened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), (h) and (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS re-opened negotiations shall be posted for five (5) workdaysconducted only as a part of compensation system bargaining and only pursuant to 25 M.R.S.A. §979- D(1)(E)(1)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case.the 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a significant change in duties duties, except as provided below. The Arbitrator’s decisions 's or alternate's decision shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of the Consumer Price 6. An employee The provisions of this Article will be effective as provided in the Term of Agreement article; provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979- D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdaysconducted only as part of compensation system bargaining and only pursuant to 26 M.R.S.A. §979-D(1)(E)(l)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination determi- nation of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment.the 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination determi- nation of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case.the 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation The provisions of this Article (49) shall do so be effective as provided in writing to the Human Resources Manager. Such request Article 71 (Term of Agreement); provided, however, that provisions of this Article shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty be re-opened for negotiation upon thirty (60) days after the request. If no determination is issued within the sixty (6030) day periodwritten notice, the union may appeal the matter or demand to binding arbitration any time thereafter. 9. Reclassification determinations made reopen, given by MainePERS shall be posted for five (5) workdays.either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassificationreclas- sification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on:duties (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSLEA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment.the 4. Reclassifications and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties shall agree to utilize the services of a single arbitratorpermanent Arbitrator and alternate. The Arbitrator Both shall be experienced arbitrators in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorArbitrator and alternate, they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator Arbitrator and alternate and each party shall bear the costs cost of preparing and presenting its own case. The State will notify the Union of any decisions reached concerning any requests for a reclassification and/or reallocation at the same time the agency is notified. 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. change a. The Arbitrator’s decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of the year the reclassification or reallocationreallocation is budgeted. 6. An employee The provisions of this Article (8) will be effective as provided in Article 60 (Term of Agreement); provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979- D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdaysconducted only as part of compensation system bargaining and only pursuant to 26 M.R.S.A. §979-D(1)(E)(l)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSLEA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the American Arbitration Association or Labor Relations ConnectionConnection (LRC). The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a significant change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on:in (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSLEA or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSTA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation realloca- tion of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be an arbitrator experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the American Arbitration Association or Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party par- ty shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a significant change in duties except as provided below. The Arbitrator’s decisions 's decision shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification Reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment Assignment to classifications or the establishment and pay grade allocations of new classifications classifi- cations for new positions; (d) the The establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSTA or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until paymentpro- cedures. 4. Reclassifications and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification cer- tification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications qualifica- tions are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification The provisions of this Article shall be effective as provided in the Term of Agreement Article; provided, however, that provisions of this Article shall be reopened for negotiation upon thirty (30) day written notice, or a reallocation shall do so in writing demand to the Human Resources Managerreopen, given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), (h) and (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS re-opened negotiations shall be posted for five (5) workdaysconducted only as a part of compensation system bargaining and only pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination determi- nation of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced exper- ienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Associa- tion. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment.of 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSEA-SEIU may appeal to final and binding arbitration a determination determi- nation of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSEA-SEIU or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection connections with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions of the Human Resources Manager or the Arbitrator shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.

Appears in 1 contract

Samples: Administrative Services Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager System President on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s System President's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties Parties mutually agree otherwise. The parties Parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties Parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties Parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications classification or the establishment and pay grade allocations of new classifications classification for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications reclassification and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Human Resources Manager System President or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS the MCC System and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS The Trustees shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys monies due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications Reclassification and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented fathered except where licensing, registration, certification or special qualifications are required by state State law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee For the duration of this Agreement, the Parties agree to adopt the current State of Maine class specifications that exist as of the signing of this Agreement for the purposes of classification and reclassification decisions and appeals, and to use the State of Maine Hay Job Evaluation System and points-to-pay grade conversion tables for the purpose of allocation decisions and appeals. 9. Requests for actions described in the definitions above shall be initiated by the requesting a reclassification or a reallocation shall do so in writing employee(s) submitting to the Human Resources Manager. Such request shall include a description of System President and the employee’s assigned supervisor two copies of a complete job tasks as they exist at analysis form which has been signed and dated by the time of the requestemployee(s). The Human Resources Manager System President or his/her designee shall review the request and respond with a determination no later than to the employee(s) within sixty (60) days after the requestwork days. If no determination is issued within the sixty (60) day periodwork days, the union may MSEA may, at any time, appeal the matter to final and binding arbitration any time thereafterarbitration. Notwithstanding other provisions of this Article, there shall be no reallocations processed or appealed during the term of this Agreement. 910. Reclassification determinations made by MainePERS shall be posted for five If there is a dispute with the System President’s decision, the parties will attempt to adjust the dispute within four (54) workdaysmonths of the System President’s decision. 11. By mutual agreement, the parties may address the dispute through mediation prior to submitting the dispute to arbitration. If mediation is utilized, the process will include the employee(s), an MSEA representative, the College President’s designee, and the System President’s designee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties shall agree to utilize the services of a single arbitratorpermanent Arbitrator and alternate. The Arbitrator Both shall be experienced arbitrators in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorArbitrator and alternate, they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator Arbitrator and alternate and each party shall bear the costs cost of preparing and presenting its own case. The State will notify the Union of any decisions reached concerning any requests for a reclassification and/or realloca- tion at the same time the agency is notified. 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties duties, except as provided below. The Arbitrator’s decisions 's or alternate's decision shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of the year the reclassification or reallocationreallocation is budgeted. 6. An employee The provisions of this Article (8) will be effective as provided in Article 60 (Term of Agreement); provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdays.conducted only as part of compensation system bargaining and only pursuant to 26

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties shall agree to utilize the services of a single arbitratorpermanent Arbitrator and alternate. The Arbitrator Both shall be experienced arbitrators in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorArbitrator and alternate, they shall seek the assistance of the Labor Relations ConnectionConnection (LRC). The parties shall share equally the costs and expenses of the arbitrator Arbitrator and alternate and each party shall bear the costs cost of preparing and presenting its own case. The State will notify the Union of any decisions reached concerning any requests for a reclassification and/or reallocation at the same time the agency is notified. 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a significant change in duties duties, except as provided below. The Arbitrator’s decisions 's or alternate's decision shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of the year the reclassification or reallocationreallocation is budgeted. 6. An employee The provisions of this Article will be effective as provided in the Term of Agreement article; provided, however, that the provisions of this Article shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications reopened for a classification change, affected employees currently working in the class will be grand-parented except where licensing, registration, certification or special qualifications are required by state law, federal law or court ordernegotiations upon thirty (30) day written notice, or except where licensingdemand to reopen given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), registration(h), certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to the Human Resources Managerand (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS reopened negotiations shall be posted for five (5) workdays.conducted only as part of compensation system bargaining and only pursuant to 26 M.R.S.A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSLEA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director of Human Resources' determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications or the establishment and pay grade allocations of new classifications for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSLEA or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification The provisions of this Article (46) shall be effective as provided in Article 70 (Term of Agreement); provided, however, that provisions of this Article shall be reopened for negotiation upon thirty (30) day written notice, or a reallocation shall do so in writing demand to the Human Resources Managerreopen, given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), (h) and (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS re-opened negotiations shall be posted for five (5) workdaysconducted only as a part of compensation system bargaining and only pursuant to 25 M.R.S.A. §979- D(1)(E)(1)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA may appeal to final and binding arbitration a determination of the Human Resources Manager System President on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s System President's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties Parties mutually agree otherwise. The parties Parties agree to utilize the services of a single an arbitration panel. Subsequent selection of panel members, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. The Arbitrator Arbitrators shall be experienced in job evaluation disputes. If the parties Parties cannot agree on the selection of the arbitratorarbitrator(s), they shall seek the assistance of the Labor Relations ConnectionAmerican Arbitration Association. The parties Parties shall share equally the costs and expenses of the arbitrator arbitrator(s) and each party shall bear the costs of preparing and presenting its own case. 2. The Arbitrator or Alternate shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s 's or Alternate's decisions shall be final and binding on: (a) the combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment to classifications classification or the establishment and pay grade allocations of new classifications classification for new positions; (d) the establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications reclassification and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Human Resources Manager System President or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA or MainePERS the MCC System and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS The Trustees shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys monies due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications Reclassification and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grand fathered except where licensing, registration, certification or special qualifications are required by state State law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee For the duration of this Agreement, the Parties agree to adopt the current State of Maine class specifications that exist as of the signing of this Agreement for the purposes of classification and reclassification decisions and appeals, and to use the State of Maine Hay Job Evaluation System and points-to-pay grade conversion tables for the purpose of allocation decisions and appeals. 9. Requests for actions described in the definitions above shall be initiated by the requesting a reclassification or a reallocation shall do so in writing employee(s) submitting to the Human Resources Manager. Such request shall include a description of System President and the employee’s assigned supervisor two copies of a complete job tasks as they exist at analysis form which has been signed and dated by the time of the requestemployee(s). The Human Resources Manager System President or his/her designee shall review the request and respond with a determination no later than to the employee(s) within sixty (60) days after the requestwork days. If no determination is issued within the sixty (60) day period, the union may may, at any time, appeal the matter to final and binding arbitration any time thereafterarbitration. Notwithstanding other provisions of this Article, there shall be no reallocations processed or appealed during the term of this Agreement. 910. Reclassification determinations made by MainePERS shall be posted for five If there is a dispute with the System President’s decision, the parties will attempt to adjust the dispute within four (54) workdaysmonths of the System President’s decision. 11. By mutual agreement, the parties may address the dispute through mediation prior to submitting the dispute to arbitration. If mediation is utilized, the process will include the employee(s), an MSEA representative, the College President’s designee, and the System President’s designee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the compensation plan. 1. MSEA MSTA may appeal to final and binding arbitration a determination of the Director of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. Such appeal shall be made within fifteen (15) workdays of the Manager’s determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs and expenses of the arbitrator and each party shall bear the costs of preparing and presenting its own case., 2. The Arbitrator shall not assign any existing classification to a new salary grade unless there has been a change in duties except as provided below. The Arbitrator’s decisions 's decision shall be final and binding on: (a) the The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification Reclassification or pay grade reallocation of positions the duties of which have changed since their last classification or allocation; (c) assignment Assignment to classifications or the establishment and pay grade allocations of new classifications classifi- cations for new positions; (d) the The establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any reclassification or reallocation decisions decision of the Director of Human Resources Manager or the Arbitrator or Alternate shall be effective as of the date of the written initiation of the reclassification or reallocation request by the employee, MSEA MSTA or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. MainePERS shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until paymentpro- cedures. 4. Reclassifications and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 5. No employee shall be reduced in salary as a result of reclassification or reallocation. 6. An employee shall be provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented grandfathered except where licensing, registration, certification cer- tification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications qualifica- tions are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification The provisions of this Article (34) shall be effective as provided in Article 50 (Term of Agreement); provided, however, that provisions of this Article shall be reopened for negotiation upon thirty (30) day written notice, or a reallocation shall do so in writing demand to the Human Resources Managerreopen, given by either party when such notifying party has concluded that reopened negotiations are necessary relative to current compensation system bargaining being conducted pursuant to 26 M.R.S.A. §979-D(1)(E)(1)(g), (h) and (i). Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS re-opened negotiations shall be posted for five (5) workdaysconducted only as a part of compensation system bargaining and only pursuant to 25 M.R.S.A. §979-D(1)(E)(1)(h).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Allocation and Reallocation. Allocation and Reallocation reallocation are the assignment or reassignment, respectively, of a classification to the appropriate grade in the a compensation plan. 1. MSEA AFSCME may appeal to final and binding arbitration a determination of the Director of Bureau of Human Resources Manager on the classification, reclassification, allocation or reallocation of a position or classification. AFSCME shall be afforded a copy of both the appeal decision and request form upon issuance of the Director of the Bureau of Human Resources. Such appeal shall be made within fifteen (15) workdays of the Manager’s Director's determination. Arbitration cases will be heard chronologically, by date of appeal, unless the parties mutually agree otherwise. The parties agree to utilize the services of a single arbitrator. The Arbitrator shall be experienced in job evaluation disputes. If the parties cannot agree on the selection of the arbitrator, they shall seek the assistance of the Labor Relations Connection. The parties shall share equally the costs agree to a permanent Arbitrator and expenses of the arbitrator and each party alternate. Both shall bear the costs of preparing and presenting its own case.be 2. The Arbitrator or alternate shall not assign any existing classification to a new salary grade unless there has been a significant change in duties duties, except as provided below. The Arbitrator’s decisions 's or alternate's decision shall be final and binding on: (a) the a. The combination or merging of classifications and the allocation of the resulting new classifications to pay grades; (b) reclassification b. Reclassification or pay grade reallocation allocation of positions the duties of which have changed since their last classification or allocation; (c) assignment c. Reclassification or pay grade reallocation of positions whose duties change hereafter; d. Assignment to classifications classification or the establishment and pay grade allocations of new classifications for new positions;; and (d) the establishment e. Establishment of separate classifications and pay grade allocations for positions within the same classification on the basis of significant difference differences in duties. 3. Except for reclassifications and reallocations in connection with a reorganization, any Any reclassification or reallocation decisions decision of the Director of Bureau of Human Resources Manager or the Arbitrator or alternate shall be effective as of the date of the written initiation of the reclassification classification or reallocation request by the employee, MSEA AFSCME or MainePERS State and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. 4. MainePERS No employee shall be reduced in salary as a result of reclassification or reallocation. 5. The State shall pay the employee reclassified or reallocated interest equal to one twelfth (1/12) of one percent the Consumer Price Index (1%CPI) per month on all moneys due as a result of the reclassification or reallocation from the date of the final decision until payment. 4. Reclassifications and reallocations For the purposes of this section, the Consumer Price Index (CPI) to be used for each month in connection with reorganization a calendar year shall be effective on the date they are approved and implemented. 5. No employee shall be reduced Consumer Price Index (CPI) published in salary as a result January of the year the reclassification or reallocationreallocation is budgeted. 6. An employee shall The provisions of this Article will be effective as provided with a copy of his/her job description and specifications when appointed to a position and whenever the job description and/or specifications are changed. 7. If qualifications for a classification change, affected employees currently working in the class will be grand-parented except where licensingTerm of Agreement article; provided, registrationhowever, certification or special qualifications are required by state law, federal law or court order, or except where licensing, registration, certification or special qualifications are required to obtain or maintain state or federal funds. 8. An employee requesting a reclassification or a reallocation shall do so in writing to that the Human Resources Manager. Such request shall include a description of the employee’s assigned job tasks as they exist at the time of the request. The Human Resources Manager shall respond with a determination no later than sixty (60) days after the request. If no determination is issued within the sixty (60) day period, the union may appeal the matter to binding arbitration any time thereafter. 9. Reclassification determinations made by MainePERS shall be posted for five (5) workdays.provisions

Appears in 1 contract

Samples: Collective Bargaining Agreement

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