Common use of Legislative Council Employees Clause in Contracts

Legislative Council Employees. The reclassification of a position held by a covered Legislative Council employee may be warranted from time to time as a result of restructuring of an office, consolidation of positions, the implementation of new technologies or functions or other changes that cause a fundamental change in the roles and responsibilities assigned to the position. The Executive Director, an office director or an affected Legislative Council employee may initiate a request to reclassify a position to a different classification or pay grade. The Legislative Council shall consider the request in the context of comparable positions and their responsibilities, overall consistency and equity with the classification and salary plan, and budgetary constraints. If an employee believes that due to a fundamental change in the employee’s responsibilities or assignments, a change in the employee's classification or pay grade is appropriate, the employee should first discuss it with the office director. If, after discussion with the office director, the employee wants to pursue a reclassification of his or her position, the employee shall make the request in writing, describing the change requested and the justification for the request. The office director shall forward the request and a recommendation to the Executive Director in accordance with procedures established by the Executive Director. Upon receipt of a request and recommendation from an office director to review the classification or pay grade of an employee or a group of employees, the Executive Director will evaluate the request and recommendation. The Executive Director or designee will meet with the employee and his or her union representative, if requested, and consider information presented to justify or support the reclassification. After considering all the information, the Executive Director will determine what action should be taken. The Executive Director may deny the request. If the Executive Director determines that the employee or employees are performing work out of their classification or that a change in pay grade is warranted, the Executive Director will either (1) modify the employee’s duties and responsibilities that are out of the employee’s assigned classification so the employee resumes working within the employee’s assigned classification; or (2) seek Personnel Committee approval to reclassify the employee to a different classification or pay grade. If the employee is dissatisfied with the Executive Director’s determination, the employee may appeal the determination to a Reclassification Appeal Committee comprising an equal number of representatives from both management (appointed by the Executive Director) and the Bargaining Unit (MSEA members in this unit appointed by the MSEA representative). During the hearing of the appeal by the Reclassification Appeal Committee, both the employee and the Office Director will be able to present their case, however they will be absent for the deliberations. The Reclassification Appeal Committee will try to reach a consensus to determine whether or not the employee is working out of his/her classification and decide which, if any, assigned job tasks are outside of the employee’s current job classification. When a consensus has been reached by the Reclassification Appeal Committee, the Executive Director will either (1) modify the employee’s duties and responsibilities that are out of the employee’s assigned classification so the employee resumes working within the employee’s assigned classification; or (2) seek Personnel Committee approval to reclassify the employee to a different classification or pay grade. If the Reclassification Appeal Committee cannot reach a consensus, or if the employee is dissatisfied with the Reclassification Appeal Committee’s determination, the employee may appeal the determination to the Legislative Council. The appeal must be made in writing and must state with specificity the basis for disagreement with the Executive Director’s determination. The appeal must be received by the Executive Director no later than ten (10) work days after the employee has received the Reclassification Appeal Committee’s report. The Legislative Council or, if designated, the Personnel Committee will issue a determination on the appeal within a reasonable time, generally no later than twenty (20) workdays from the date that the appeal has been received by the Executive Director. The Legislative Council’s determination will be final. Any adjustment in pay for time when the employee was determined to be working out of classification, including for work outside the employee’s classification that was subsequently withdrawn by the Executive Director, or any adjustment in pay grade that has been determined to be warranted, will be paid retroactively at the rate for the appropriate classification or pay grade from the date of request for reclassification.

Legislative Council Employees. The reclassification of a position held by a covered Legislative Council employee may be warranted from time to time as a result of restructuring of an office, consolidation of positions, the implementation of new technologies or functions or other changes that cause a fundamental change in the roles and responsibilities assigned to the position. The Executive Director, an office director or an affected Legislative Council employee may initiate a request to reclassify a position to a different classification or pay grade. The Legislative Council shall consider the request in the context of comparable positions and their responsibilities, overall consistency and equity with the classification and salary plan, and budgetary constraints. If an employee believes that due to a fundamental change in the employee’s responsibilities or assignments, a change in the employee's classification or pay grade is appropriate, the employee should first discuss it with the office director. If, after discussion with the office director, the employee wants to pursue a reclassification of his or her position, the employee shall make the request in writing, describing the change requested and the justification for the request. The office director shall forward the request and a recommendation to the Executive Director in accordance with procedures established by the Executive Director. Upon receipt of a request and recommendation from an office director to review the classification or pay grade of an employee or a group of employees, the Executive Director will evaluate the request and recommendation. The Executive Director or designee will meet with the employee and his or her union representative, if requested, and consider information presented to justify or support the reclassification. After considering all the information, the Executive Director will determine what action should be taken. The Executive Director may deny the request. If the Executive Director determines that the employee or employees are performing work out of their classification or that a change in pay grade is warranted, the Executive Director will either (1) modify the employee’s duties and responsibilities that are out of the employee’s assigned classification so the employee resumes working within the employee’s assigned classification; or (2) seek Personnel Committee approval to reclassify the employee to a different classification or pay grade. If the employee is dissatisfied with the Executive Director’s determination, the employee may appeal the determination to a Reclassification Appeal Labor-Management Committee comprising an equal number of representatives from both management (appointed by the Executive Director) and the Bargaining Unit (MSEA members in this unit appointed by the MSEA representative). During the hearing of the appeal by the Reclassification Appeal Labor-Management Committee, both the employee and the Office Director will be able to present their case, however they will be absent for the deliberations. The Reclassification Appeal Labor-Management Committee will try to reach a consensus to determine whether or not the employee is working out of his/her classification and decide which, if any, assigned job tasks are outside of the employee’s current job classification. When a consensus has been reached by the Reclassification Appeal Labor-Management Committee, the Executive Director will either either (1) modify the employee’s duties and responsibilities that are out of the employee’s assigned classification so the employee resumes working within the employee’s assigned classification; or (2) seek Personnel Committee approval to reclassify the employee to a different classification or pay grade. If the Reclassification Appeal Committee cannot reach a consensus, or if the employee is dissatisfied with the Reclassification Appeal Committee’s determination, the employee may appeal the determination to the Legislative Council. The appeal must be made in writing and must state with specificity the basis for disagreement with the Executive Director’s determination. The appeal must be received by the Executive Director no later than ten (10) work days after the employee has received the Reclassification Appeal Committee’s report. The Legislative Council or, if designated, the Personnel Committee will issue a determination on the appeal within a reasonable time, generally no later than twenty (20) workdays from the date that the appeal has been received by the Executive Director. The Legislative Council’s determination will be final. Any adjustment in pay for time when the employee was determined to be working out of classification, including for work outside the employee’s classification that was subsequently withdrawn by the Executive Director, or any adjustment in pay grade that has been determined to be warranted, will be paid retroactively at the rate for the appropriate classification or pay grade from the date of request for reclassification.