Common use of Classification Appeals Clause in Contracts

Classification Appeals. In accordance with Personnel Rule III, Section 5, appeals of recommended allocations may be filed by incumbents in positions included in a classification study or by their representative. The burden of proof on any classification appeal rests with the appellant to establish why the recommended allocation is not appropriate. The content of and decision on classification appeals shall be restricted to consideration of the recommended and the requested classification. All classification appeals shall be limited to a discussion of duties and responsibilities performed at the time the position was studied. Classification appeals are heard by a mediator with classification expertise. The decision of the mediator shall be advisory. If the decision of the mediator has an economic impact, the decision of the mediator shall be in the form of a recommendation to the Board of Supervisors for final action. The mediator shall follow the appeal procedure established by the County and SBPEA, and provide written justification to the aforementioned parties on classification appeal recommendations. If an employee/appellant is represented by SBPEA, the cost of the mediator shall be split between the County Department of the employee/appellant and SBPEA. If an employee/appellant is not represented by SBPEA, the County Department of the employee/appellant shall bear the cost for the mediator. Any decisions awarded in those cases where SBPEA does not represent the appellant shall be limited to that singular case and the decision may not be cited as precedent by the County, SBPEA or any other appellant representative in subsequent proceedings. Step 1 At the conclusion of the classification study, Human Resources will make a written recommendation to the appointing authority, unless the mediator’s recommendation would have an economic impact. In such cases, the Board of Supervisors would take final action. Step 2 The appointing authority will notify position incumbent(s) of study results and the timeframes for filing an appeal. (a) Employees may file a classification appeal individually or in groups provided that all positions represented were allocated to the same class and appealed to the same class. The appeal form should thoroughly explain why the incumbent believes that the allocation is not appropriate and why the requested class is more appropriate. Appeals must be based on the duties performed at the time the position was studied. Changes subsequent to the study will be considered under Personnel Rule III, Section 4(c) upon withdrawal of the appeal. (b) An appeal to a non-existent class must clearly show that no existing classification describes the duties and functional responsibilities of the position. (c) Disagreements on title of a class, or on the format and wording of class specifications, are not bases for an appeal. Requests for revisions will be presented in writing to Human Resources for review. (d) Revisions to a class specification may be appealed to the mediator in cases where it is alleged that a class specification was so significantly revised as to change the grade determinants of a class. (e) Disagreements on salary matters for new classifications are excluded from this procedure and will be considered in the context of the meet and confer process. The salary of a classification for which a technical title change has been approved by the Board of Supervisors is not appealable. No salary action can be taken on an existing classification to the meet and confer process that would have the effect of reopening this Agreement. Salaries for new classes will be set by management, unless changes are made by an appeal and recommended by the meet and confer process. (f) Disagreements on representation unit designations are excluded from this procedure. Step 4 The position incumbent completes the Classification Appeal Form and files it within fifteen (15) working days of Board of Supervisors’ approval; or within fifteen (15) working days from the appointing authority’s notification to the employee. (a) The appeal will be reviewed by Human Resources for changes in job duties or other substantial changes to the position description on which the allocation was based. (b) Human Resources staff will respond in writing to the Appeal within fifteen (15) working days. Copies of the response will be sent to all involved parties. Step 6 A mandatory prehearing conference will be scheduled within a twenty (20) workday period from the date of Human Resources’ response. Appellants, exclusive employee organization staff representatives, and Human Resources staff will meet and attempt to reach a settlement. At the request of parties involved, additional personnel may attend to offer clarification of job duties performed by the appellant(s). If no resolution is reached at this conference, the appellant(s) and Human Resources will stipulate the issue(s) in dispute. Step 7 Following the prehearing conference, Human Resources staff and the appellant/appellant’s representative will consider the information exchanged. Human Resources may revise its allocation recommendation, and appellant(s) may withdraw appeals. Step 8 Any additional supporting documentation must be filed with the mediator by both appellant(s) and Human Resources staff fifteen (15) workdays subsequent to the prehearing conference. Lists of witnesses and all written materials/exhibits that are to be discussed at the hearing must be included in this final brief. All parties will receive copies of these briefs. Step 9 All of the aforementioned timeframes may be lengthened or shortened upon the joint concurrence of Human Resources and the employee organization involved. Step 10 Appeals which have not been resolved through the preceding steps will be forwarded to the mediator. Step 11 Appeals presentations will be limited to the incumbent employees or spokespersons elected from the group of appellants, exclusive recognized employee organization staff representatives, and members of Human Resources staff. Witnesses may be heard for the purpose of clarifying technical aspects of job duties. (a) Prior to the appeal hearing, the mediator will have reviewed copies of the appeal documentation submitted by both parties. (b) Appellants will present arguments first. The burden of proof is with the appellant why the recommended classification allocation is not an appropriate recommendation. Twenty

Classification Appeals. In accordance with Personnel Rule III, Section 5, appeals of recommended allocations may be filed by incumbents in positions included in a classification study or by their representative. The burden of proof on any classification appeal rests with the appellant to establish why the recommended allocation is not appropriate. The content of and decision on classification appeals shall be restricted to consideration of the recommended and the requested classification. All classification appeals shall be limited to a discussion of duties and responsibilities performed at the time the position was studied. Classification appeals are heard by a mediator with classification expertise. The decision of the mediator shall be advisory. If the decision of the mediator has an economic impact, the decision of the mediator shall be in the form of a recommendation to the Board of Supervisors for final action. The mediator shall follow the appeal procedure established by the County and SBPEATeamsters, and provide written justification to the aforementioned parties on classification appeal recommendations. If an employee/appellant is represented by SBPEATeamsters, the cost of the mediator shall be split between the County Department of the employee/appellant and SBPEATeamsters. If an employee/appellant is not represented by SBPEATeamsters, the County Department of the employee/appellant shall bear the cost for the mediator. Any decisions awarded in those cases where SBPEA Teamsters does not represent the appellant shall be limited to that singular case and the decision may not be cited as precedent by the County, SBPEA Teamsters or any other appellant representative in subsequent proceedings. Step 1 At the conclusion of the classification study, Human Resources will make a written recommendation to the appointing authority, unless the mediator’s recommendation would have an economic impact. In such cases, the Board of Supervisors would take final action. Step 2 The appointing authority will notify position incumbent(s) of study results and the timeframes for filing an appeal.. Step 3 (a) Employees may file a classification appeal individually or in groups provided that all positions represented were allocated to the same class and appealed to the same class. The appeal form should thoroughly explain why the incumbent believes that the allocation is not appropriate and why the requested class is more appropriate. Appeals must be based on the duties performed at the time the position was studied. Changes subsequent to the study will be considered under Personnel Rule III, Section 4(c) upon withdrawal of the appeal. (b) An appeal to a non-existent class must clearly show that no existing classification describes the duties and functional responsibilities of the position. (c) Disagreements on title of a class, or on the format and wording of class specifications, are not bases for an appeal. Requests for revisions will be presented in writing to Human Resources for review. (d) Revisions to a class specification may be appealed to the mediator in cases where it is alleged that a class specification was so significantly revised as to change the grade determinants of a class. (e) Disagreements on salary matters for new classifications are excluded from this procedure and will be considered in the context of the meet and confer process. The salary of a classification for which a technical title change has been approved by the Board of Supervisors is not appealable. No salary action can be taken on an existing classification to the meet and confer process that would have the effect of reopening this Agreement. Salaries for new classes will be set by management, unless changes are made by an appeal and recommended by the meet and confer process. (f) Disagreements on representation unit designations are excluded from this procedure. Step 4 The position incumbent completes the Classification Appeal Form and files it within fifteen (15) working days of Board of Supervisors’ approval; or within fifteen (15) working days from the appointing authority’s notification to the employee. (a) The appeal will be reviewed by Human Resources for changes in job duties or other substantial changes to the position description on which the allocation was based. (b) Human Resources staff will respond in writing to the Appeal within fifteen (15) working days. Copies of the response will be sent to all involved parties. Step 6 A mandatory prehearing conference will be scheduled within a twenty (20) workday period from the date of Human Resources’ response. Appellants, exclusive employee organization staff representatives, and Human Resources staff will meet and attempt to reach a settlement. At the request of parties involved, additional personnel may attend to offer clarification of job duties performed by the appellant(s). If no resolution is reached at this conference, the appellant(s) and Human Resources will stipulate the issue(s) in dispute. Step 7 Following the prehearing conference, Human Resources staff and the appellant/appellant’s representative will consider the information exchanged. Human Resources may revise its allocation recommendation, and appellant(s) may withdraw appeals. Step 8 Any additional supporting documentation must be filed with the mediator by both appellant(s) and Human Resources staff fifteen (15) workdays subsequent to the prehearing conference. Lists of witnesses and all written materials/exhibits that are to be discussed at the hearing must be included in this final brief. All parties will receive copies of these briefs. Step 9 All of the aforementioned timeframes may be lengthened or shortened upon the joint concurrence of Human Resources and the employee organization involved. Step 10 Appeals which have not been resolved through the preceding steps will be forwarded to the mediator. Step 11 Appeals presentations will be limited to the incumbent employees or spokespersons elected from the group of appellants, exclusive recognized employee organization staff representatives, and members of Human Resources staff. Witnesses may be heard for the purpose of clarifying technical aspects of job duties. (a) Prior to the appeal hearing, the mediator will have reviewed copies of the appeal documentation submitted by both parties. (b) Appellants will present arguments first. The burden of proof is with the appellant why the recommended classification allocation is not an appropriate recommendation. Twenty

Classification Appeals. In accordance with Personnel Rule IIIrecognition that classification appeals can impact the terms and conditions of employment for Teamster-represented employees, Section 5, appeals of recommended allocations may only Teamsters Local 1932 shall be filed by incumbents in positions included in a permitted to file classification study or by their representativeappeals. The burden of proof on any classification appeal rests with the appellant to establish why the recommended allocation is not appropriate. The content of and decision on classification appeals shall be restricted to consideration of the recommended and the requested classification. All classification appeals shall be limited to a discussion of duties and responsibilities performed at the time the position was studied. Classification appeals are heard by a mediator with classification expertise. The decision of the mediator shall be advisory. If the decision of the mediator has an economic impact, the decision of the mediator shall be in the form of a recommendation to the Board of Supervisors for final action. The mediator shall follow the appeal procedure established by the County Fire and SBPEA, Teamsters and provide written justification to the aforementioned parties on classification appeal recommendations. If an employee/appellant is represented by SBPEA, the The cost of the mediator shall be split between the County Department of the employee/appellant Fire and SBPEA. If an employee/appellant is not represented by SBPEA, the County Department of the employee/appellant shall bear the cost for the mediator. Any decisions awarded in those cases where SBPEA does not represent the appellant shall be limited to that singular case and the decision may not be cited as precedent by the County, SBPEA or any other appellant representative in subsequent proceedingsTeamsters. Step 1 1. At the conclusion of the classification study, Human Resources will make a written recommendation to the appointing authority, unless the mediator’s recommendation would have an economic impact. In such cases, the Board of Supervisors would take final action. Step 2 2. The appointing authority will notify position incumbent(s) of study results and the timeframes for filing an appeal. (a) Employees Teamsters Local 1932 may file a classification appeal individually or in groups provided that all positions represented were allocated to the same class and appealed to the same class. The appeal form should thoroughly explain why the incumbent Teamsters Local 1932 believes that the allocation is not appropriate and why the requested class is more appropriate. Appeals must be based on the duties performed at the time the position was studied. Changes subsequent to the study will be considered under Personnel Rule III, Section 4(c) upon withdrawal of the appeal. (b) An appeal to a non-existent class must clearly show that no existing classification describes the duties and functional responsibilities of the position. (c) Disagreements on title of a class, or on the format and wording of class specifications, are not bases for an appeal. Requests for revisions will be presented in writing to Human Resources for review. (d) Revisions to a class specification may be appealed to the mediator in cases where it is alleged that a class specification was so significantly revised as to change the grade determinants of a class. (e) Disagreements on salary matters for new classifications are excluded from this procedure and will be considered in the context of the meet and confer process. The salary of a classification for which a technical title change has been approved by the Board of Supervisors is not appealable. No salary action can be taken on an existing classification to the meet and confer process that would have the effect of reopening this Agreement. Salaries for new classes will be set by management, unless changes are made by an appeal and recommended by the meet and confer process. (f) Disagreements on representation unit designations are excluded from this procedure. Step 4 The position incumbent . Teamsters Local 1932 completes the Classification Appeal Form and files it within fifteen (15) working days of Board of Supervisors’ approval; or within fifteen (15) working days from the appointing authority’s notification to the employee. (a) The appeal will be reviewed by Human Resources for changes in job duties or other substantial changes to the position description on which the allocation was based. (b) Human Resources staff will respond in writing to the Appeal within fifteen (15) working days. Copies of the response will be sent to all involved partiesTeamsters Local 1932. Step 6 6. A mandatory prehearing conference will be scheduled within a twenty (20) workday period from the date of Human Resources’ response. Appellants, exclusive employee organization staff representatives, Teamsters Local 1932 and Human Resources staff will meet and attempt to reach a settlement. At the request of parties involved, additional personnel may attend to offer clarification of job duties performed by the appellant(s). If no resolution is reached at this conference, the appellant(s) Teamsters Local 1932 and Human Resources will stipulate the issue(s) in dispute. Step 7 . Following the prehearing conference, Human Resources staff and the appellant/appellant’s representative Teamsters Local 1932 will consider the information exchanged. Human Resources may revise its allocation recommendation, and appellant(s) may withdraw appeals. Step 8 . Any additional supporting documentation must be filed with the mediator by both appellant(s) Teamsters Local 1932 and Human Resources staff fifteen (15) workdays subsequent to the prehearing conference. Lists of witnesses and all written materials/exhibits that are to be discussed at the hearing must be included in this final brief. All parties will receive copies of these briefs. Step 9 9. All of the aforementioned timeframes may be lengthened or shortened upon the joint concurrence of Human Resources and the employee organization involved. Step 10 Teamsters Local 1932. Appeals which have not been resolved through the preceding steps will be forwarded to the mediator. Step 11 . Appeals presentations will be limited to the incumbent employees or spokespersons elected from the group of appellantsgroup, exclusive recognized employee organization staff representatives, and members of Human Resources staff. Witnesses may be heard for the purpose of clarifying technical aspects of job duties. (a) Prior to the appeal hearing, the mediator will have reviewed copies of the appeal documentation submitted by both parties. (b) Appellants will present arguments first. The burden of proof is with the appellant Teamsters Local 1932 why the recommended classification allocation is not an appropriate recommendation. Twenty

Classification Appeals. In accordance 19.1 The Employer agrees to classify/reclassify positions based on the duties performed, the scope and level of responsibilities assigned, the nature and extent of supervision received and/or exercised, and the knowledge, abilities and skills required -- the end result being that all classifications/reclassifications shall be in balance with Personnel Rule III, Section 5, appeals of recommended allocations may be filed the classification for similar work being performed by incumbents in positions included in a classification study or by their representativeother state employees. The burden Employer retains the right to assign and/or reassign work, which may affect the classification assignment of proof on any each position. 19.2 If an employee disagrees with his/her classification appeal rests assignment, the employee may request a review of such assignment provided the position has not been reviewed by the Administrator of the DAS State Personnel Classification and Compensation Section in the previous six calendar months. Requests for review shall be submitted in writing to the Agency Director or Designee and shall contain the following: a. a current State Personnel Division job description questionnaire completed by the employee and signed by the first level supervisor outside the bargaining unit; b. a concise and specific statement as to why the employee believes the current classification assignment is inappropriate and the specific reasons therefore; and c. a concise and specific statement of why the classification sought (which must be a currently existing classification) is appropriate, and the specific reasons therefore. Upon request from the employee, the Agency or DAS - State Personnel will consult with the appellant employee concerning possible classifications to establish why be listed as the recommended allocation is not appropriate. The content classifications sought. 19.3 From the date of receipt of an employee classification request by the Agency Personnel Office or Designee, the Agency shall have forty-five work days to review and decision on classification appeals shall be restricted to consideration of if necessary change the recommended and the requested classification. All classification appeals shall be limited to a discussion assignment of duties and responsibilities performed of a position. The Agency's review shall include a review of the submitted job description by the first level supervisor outside the bargaining unit who shall provide written remarks indicating agreement or disagreement with the contents of the submitted job description. After that review period of forty-five work days, the Agency shall not reassign work during the reclassification review. The Agency Head or Designee shall issue a written response advising the employee of the Agency's decision regarding accuracy of the description and any changes made in assigned job duties. 19.4 No position shall be classified or reclassified without written authorization of the Director of State Personnel. 19.5 Within fifteen work days after receipt of the Agency Head's or Designee's written decision on either a) an employee's review request, or b) an Employer initiated review, the employee, through the Agency Head or Designee, may forward the reclassification review request to the Administrator of the DAS State Personnel Classification and Compensation Section. The employee shall also include items a, b, and c of 19.2 above to be forwarded to the Administrator of the DAS State Personnel Classification and Compensation Section at this stage of an Employer initiated review. 19.6 The Administrator of the time DAS State Personnel Classification and Compensation Section shall issue a decision in writing no later than fifteen work days from receipt of request, except in cases where State Personnel job description questionnaires or other relevant information must be collected from other employees, in which case the position was studied. Administrator of the DAS State Personnel Classification appeals are heard by and Compensation Section shall have up to forty- five work days from receipt of the request to issue a mediator with classification expertisedecision. The decision of the mediator Administrator of the DAS State Personnel Classification and Compensation Section shall be advisory. If implemented during the current or next pay period. 19.7 Within fifteen work days from receipt of the decision of the mediator has an economic impactAdministrator of the DAS State Personnel Classification and Compensation Section, the employee may appeal the decision of the mediator shall be in the form of a recommendation Administrator to the Board of Supervisors for final action. The mediator shall follow the appeal procedure established by the County and SBPEA, and provide written justification to the aforementioned parties on classification appeal recommendations. If an employee/appellant is represented by SBPEA, the cost of the mediator shall be split between the County Department of the employee/appellant and SBPEA. If an employee/appellant is not represented by SBPEA, the County Department of the employee/appellant shall bear the cost for the mediator. Any decisions awarded in those cases where SBPEA does not represent the appellant shall be limited to that singular case and the decision may not be cited as precedent by the County, SBPEA or any other appellant representative in subsequent proceedings. Step 1 At the conclusion of the classification study, Human Resources will make a written recommendation to the appointing authority, unless the mediator’s recommendation would have an economic impact. In such cases, the Board of Supervisors would take final action. Step 2 The appointing authority will notify position incumbent(s) of study results and the timeframes for filing an appeal. (a) Employees may file a classification appeal individually or in groups provided that all positions represented were allocated to the same class and appealed to the same class. The appeal form should thoroughly explain why the incumbent believes that the allocation is not appropriate and why the requested class is more appropriate. Appeals must be based on the duties performed at the time the position was studied. Changes subsequent to the study will be considered under Personnel Rule III, Section 4(c) upon withdrawal of the appeal. (b) An appeal to a non-existent class must clearly show that no existing classification describes the duties and functional responsibilities of the position. (c) Disagreements on title of a class, or on the format and wording of class specifications, are not bases for an appeal. Requests for revisions will be presented in writing to Human Resources for review. (d) Revisions to a class specification may be appealed to the mediator in cases where it is alleged that a class specification was so significantly revised as to change the grade determinants of a class. (e) Disagreements on salary matters for new classifications are excluded from this procedure and will be considered in the context of the meet and confer process. The salary of a classification for which a technical title change has been approved by the Board of Supervisors is not appealable. No salary action can be taken on an existing classification to the meet and confer process that would have the effect of reopening this Agreement. Salaries for new classes will be set by management, unless changes are made by an appeal and recommended by the meet and confer process. (f) Disagreements on representation unit designations are excluded from this procedure. Step 4 The position incumbent completes the Classification Appeal Form and files it within fifteen Panel. This appeal may be initiated only if the action had an immediate adverse financial impact (15reduction in salary) working days of Board of Supervisors’ approval; or within fifteen (15) working days from the appointing authority’s notification to on the employee. (a) The appeal will be reviewed by Human Resources for changes in job duties or other substantial changes to the position description on which the allocation was based. (b) Human Resources staff will respond in writing to the Appeal within fifteen (15) working days. Copies of the response will be sent to all involved parties. Step 6 A mandatory prehearing conference will be scheduled within a twenty (20) workday period from the date of Human Resources’ response. Appellants, exclusive employee organization staff representatives, and Human Resources staff will meet and attempt to reach a settlement. At the request of parties involved, additional personnel may attend to offer clarification of job duties performed by the appellant(s). If no resolution is reached at this conference, the appellant(s) and Human Resources will stipulate the issue(s) in dispute. Step 7 Following the prehearing conference, Human Resources staff and the appellant/appellant’s representative will consider the information exchanged. Human Resources may revise its allocation recommendation, and appellant(s) may withdraw appeals. Step 8 Any additional supporting documentation must be filed with the mediator by both appellant(s) and Human Resources staff fifteen (15) workdays subsequent to the prehearing conference. Lists of witnesses and all written materials/exhibits that are to be discussed at the hearing must be included in this final brief. All parties will receive copies of these briefs. Step 9 All of the aforementioned timeframes may be lengthened or shortened upon the joint concurrence of Human Resources and the employee organization involved. Step 10 Appeals which have not been resolved through the preceding steps will be forwarded to the mediator. Step 11 Appeals presentations will be limited to the incumbent employees or spokespersons elected from the group of appellants, exclusive recognized employee organization staff representatives, and members of Human Resources staff. Witnesses may be heard for the purpose of clarifying technical aspects of job duties. (a) Prior to the appeal hearing, the mediator will have reviewed copies of the appeal documentation submitted by both parties. (b) Appellants will present arguments first. The burden of proof is with the appellant why the recommended classification allocation is not an appropriate recommendation. Twenty