Filing the Grievance with the Agency Director or Designee. If an employee or the Union believes that he/she has been assigned duties not within his/her current classification, the employee or the Union may file a grievance. The Agency Director or designee shall investigate and issue a decision within fifty (50) calendar days. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the decision of the Director or designee. If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., more than twenty percent (20%) of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty...
