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. Except for reclassification and reallocations in connection with a reorganization, any reclassification or reallocation decision of the Classification Committee 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 the MCC System and shall be implemented retroactively when the funds are provided pursuant to budgetary procedures. The Trustees shall pay the employee reclassified or reallocated interest of one percent (1%) per month on all monies due as a result of the reclassification or reallocation from the date of the final decision until payment. 2. Reclassification and reallocations in connection with a reorganization shall be effective on the date they are approved and implemented. 3. No employee shall be reduced in salary as a result of reclassification or reallocation. 4. An employee shall be provided with a copy of his/her job description when appointed to a position and whenever the job description is changed. 5. If qualifications for a classification change, affected employees currently working in the class will be grand fathered 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 federal funds. 6. For the duration of this Agreement, the Parties agree to adopt the Maine Community College System job descriptions as of the signing of this Agreement for the purposes of classification and reclassification decisions and appeals, and to use the Maine Community College System Position Evaluation Plan for the purpose of allocation decisions and appeals. 7. Requests for actions described in the definitions above shall be initiated by the requesting employee(s) submitting to the College President and the employee’s supervisor two copies of a complete job analysis form which has been signed and dated by the employee(s). The College President shall review and forward to the System within twenty (20) working days. If the request is not forwarded within this timeframe the employee(s) may forward a signed and dated copy to the System. 8. Requests for reclassification actions shall be reviewed by a Classification Committee, comprised of up to three (3) representatives selected by the MSEA and up to three (3) representatives selected by the MCCS. The System shall provide release time as necessary for the participation of MSEA representatives. The Classification Committee shall review the request and respond with a determination to the employee(s) within sixty (60) work days of receipt by System Office. 9. If the Committee is unable to reach a decision, the System shall determine the classification. 10. If there is a dispute with the System’s decision, the parties shall first address the dispute through mediation prior to submitting the dispute to arbitration. The process will include the employee(s), an MSEA representative, the College President’s designee, and the System President’s designee and/or Classification Review Committee members, as appropriate. The mediator may also request additional parties as he/she deems necessary. 11. If the dispute is not resolved in mediation, MSEA may appeal to final and binding arbitration a determination on the classification. Such appeal shall be made within fifteen (15) workdays of the mediator’s recommendation. Arbitration cases will be heard chronologically, by date of appeal, unless the Parties mutually agree otherwise. The Parties agree to utilize the services of an arbitrator. Subsequent selection of an arbitrator, if necessary, shall be agreed to within sixty (60) days of the termination of an arbitrator. Arbitrators shall be experienced in job evaluation disputes. If the Parties cannot agree on the selection of arbitrator, they shall seek the assistance of the American 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.