Common use of Out-of-Classification Assignments Clause in Contracts

Out-of-Classification Assignments. A. If a department head or designee requires an employee in writing to work in a higher classification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work for any one assignment. B. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. It is not the State's intent to select employees for out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance and the decision reached at Step 4 (DPA) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievance.

Out-of-Classification Assignments. A. a. If a department head or designee requires an employee in writing to work in a higher classification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-out- of-class work for any one assignment. B. b. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. c. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. d. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance. Prior to proceeding to Step 2 of the grievance and process, the employee shall include a completed employee’s portion of CalHR Form 651 (Job Description Form). The decision reached at Step 4 (DPACalHR) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievance.

Out-of-Classification Assignments. A. Notwithstanding Government Code Sections 905.2, 19818.8, an employee may be required to perform work other than that described in the specification for his/her classification for up to one hundred twenty (120) consecutive calendar days during a fiscal year. B. Out-of-Class When Required If a department head or designee requires an employee employee, in writing writing, to work in a higher classification for more than 15 consecutive fifteen (15) calendar days, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 fifteen (15) calendar days. If a department head or designee requires requires, in writing, an employee in writing to work in a higher classification for 30 thirty (30) consecutive calendar days or more, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 one hundred twenty (120) consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 one hundred twenty (120) consecutive calendar days. The five percent (5% %) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with . C. Should any employee file suit against CCPOA seeking to declare this provision illegal, the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work State shall indemnify for any one assignmentcosts incurred in defending itself. B. D. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. E. It is not the State's intent to select employees for out-of-class assignments based on favoritism. F. If any dispute arises about this out-of-class section (subsections A. through G.) an employee may file a grievance and arbitrate the grievance utilizing the mini-arb process described in Article VI. G. It is not the intent of either party to circumvent any certified hiring or promotional list, or the Merit System in general. Furthermore, whenever possible, the appointing power Appointing Authority shall choose employees for out-of-class appointment appointments from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding . Permanent employees who vacate positions to accept out-of-class assignments shall have a mandatory right of return to their former position and compensationassignment, an employee may file a grievance and when possible, upon the decision reached at Step 4 (DPA) conclusion of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievancework.

Out-of-Classification Assignments. A. If a department head or designee requires an employee in writing to work in a higher classification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work for any one assignment. B. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. It is not the State's intent to select employees for out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. This section does not apply to any employee in a class where ratios or percentages control the allocation of positions. E. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance and the decision reached at Step 4 (DPA) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievance.

Out-of-Classification Assignments. A. If a department head or designee requires Notwithstanding Government Code Sections 905.2, 19818.8, 19818.16, an employee may be required to perform work other than that described in writing to work in a higher classification the specification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate classification for up to 120 consecutive calendar days during a fiscal year. B. An employee is working out-of-class when he/she spends a majority (i.e., more than 50%) of his/her time over the course of at least two (2) consecutive work weeks performing duties and responsibilities associated with a higher level existing classification. Duties which are appropriately assigned to incumbents in the employee's current classification are not out-of-class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California State Personnel Board specification. Training and Development assignments are not out-of- class work. C. For purposes of this article, a classification is at a “higher level” if the maximum salary of the highest salary range (excluding alternate range criteria other than deep class criteria) is any amount more than the maximum salary of the highest range of the class to in which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no holds an appointment. D. An employee may be compensated for more than one (1) year of temporarily required to perform out-of-class work by his/her department for any one up to 120 calendar days when it determines that such an assignment: 1. Is of unusual urgency, nature, volume, location, duration or other special characteristics; and, 2. Cannot be feasibly met through use of other civil service or administrative alternatives. B. The State E. Departments may not use out-of-class assignments to avoid giving civil service examinations, or to avoid using existing eligible lists created as the result of a civil service examination. F. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to 2 Cal. Code Regs 599.673, 599.674 or 599.676 if appointed to the higher classification. G. Out-of-class work may be discontinued by departments at any time; however, departments may not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding to avoid payment of an out-of-class differentialcompensation. C. It is not the State's intent to select employees for outH. Out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power pay shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to not be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance and the decision reached at Step 4 (DPA) considered as part of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for employee’s base pay when computing the rate due upon promotion to a period no greater than one (1) year preceding the filing of the grievancehigher lever.

Out-of-Classification Assignments. A. If a department head or designee requires an employee in writing to work in a higher classification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work for any one assignment. B. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance and the decision reached at Step 4 (DPA) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievance.

Out-of-Classification Assignments. A. Notwithstanding Government Code Sections 905.2, 19818.8, an employee may be required to perform work other than that described in the specification for their classification for up to one hundred eighty (180) consecutive calendar days during a fiscal year. B. Out-of-Class When Required If a department head or designee requires an employee employee, in writing writing, to work in a higher classification for more than 15 consecutive fifteen (15) calendar days, the employee shall receive a pay differential of five percent (5% %) over his/her their normal daily rate of the class to which he/she is they are appointed for that period in excess of 15 fifteen (15) calendar days. If a department head or designee requires requires, in writing, an employee in writing to work in a higher classification for 30 thirty (30) consecutive calendar days or more, the employee shall receive a pay differential of five percent (5% %) over his/her their normal daily rate of the class to which he/she is they are appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 one hundred twenty (120) consecutive calendar days, the employee shall be entitled to receive the difference between his/her their salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 one hundred twenty (120) consecutive calendar days. The five percent (5% %) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with . C. Should any employee file suit against CCPOA seeking to declare this provision illegal, the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work State shall indemnify for any one assignmentcosts incurred in defending itself. B. D. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. E. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. F. It is not the intent of either party to circumvent any certified hiring or promotional list, or the Merit System in general. Furthermore, whenever possible, the appointing power Appointing Authority shall choose employees for out-of-class appointment appointments from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list or the list has been exhausted at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding . Permanent employees who vacate positions to accept out-of- class assignments shall have a mandatory right of return to their former position and assignment, when possible, upon the conclusion of the out-of-class assignments and compensation, an employee may file work. G. The parties agree to reopen this section upon issuance of a grievance and the decision reached at Step 4 (DPA) of the grievance procedure shall be final. Approved new out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievancepolicy.

Out-of-Classification Assignments. A. Notwithstanding Government Code Sections 905.2, 19818.8, an employee may be required to perform work other than that described in the specification for his/her classification for up to one hundred eighty (180) consecutive calendar days during a fiscal year. B. Out-of-Class When Required If a department head or designee requires an employee employee, in writing writing, to work in a higher classification for more than 15 consecutive fifteen (15) calendar days, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 fifteen (15) calendar days. If a department head or designee requires requires, in writing, an employee in writing to work in a higher classification for 30 thirty (30) consecutive calendar days or more, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/he/ she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 one hundred twenty (120) consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 one hundred twenty (120) consecutive calendar days. The five percent (5% %) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with . C. Should any employee file suit against CCPOA seeking to declare this provision illegal, the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work State shall indemnify for any one assignmentcosts incurred in defending itself. B. D. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. E. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. F. It is not the intent of either party to circumvent any certified hiring or promotional list, or the Merit System in general. Furthermore, whenever possible, the appointing power Appointing Authority shall choose employees for out-of-class appointment appointments from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list or the list has been exhausted at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding . Permanent employees who vacate positions to accept out-of- class assignments shall have a mandatory right of return to their former position and assignment, when possible, upon the conclusion of the out-of-class assignments and compensation, an employee may file a grievance and the decision reached at Step 4 (DPA) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievancework.

Out-of-Classification Assignments. A. a. If a department head or designee requires an employee in writing to work in a higher classification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work for any one assignment. B. b. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. c. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. d. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance. Prior to proceeding to Step 2 of the grievance and process, the employee shall include a completed employee’s portion of CalHR Form 651 (Job Description Form). The decision reached at Step 4 (DPACalHR) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievance.

Out-of-Classification Assignments. A. Notwithstanding Government Code Sections 905.2, 19818.8, an employee may be required to perform work other than that described in the specification for their classification for up to one hundred eighty (180) consecutive calendar days during a fiscal year. B. Out-of-Class When Required If a department head or designee requires an employee employee, in writing writing, to work in a higher classification for more than 15 consecutive fifteen (15) calendar days, the employee shall receive a pay differential of five percent (5% %) over his/her their normal daily rate of the class to which he/she is they are appointed for that period in excess of 15 fifteen (15) calendar days. If a department head or designee requires requires, in writing, an employee in writing to work in a higher classification for 30 thirty (30) consecutive calendar days or more, the employee shall receive a pay differential of five percent (5% %) over his/her their normal daily rate of the class to which he/she is they are appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 one hundred twenty (120) consecutive calendar days, the employee shall be entitled to receive the difference between his/her their salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 one hundred twenty (120) consecutive calendar days. The five percent (5% %) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with class.‌ C. Should any employee file suit against CCPOA seeking to declare this provision illegal, the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work State shall indemnify for any one assignmentcosts incurred in defending itself. B. D. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. E. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. F. It is not the intent of either party to circumvent any certified hiring or promotional list, or the Merit System in general. Furthermore, whenever possible, the appointing power Appointing Authority shall choose employees for out-of-class appointment appointments from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list or the list has been exhausted at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding . Permanent employees who vacate positions to accept out-of-class assignments shall have a mandatory right of return to their former position and compensationassignment, an employee may file a grievance and when possible, upon the decision reached at Step 4 (DPA) conclusion of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for work. G. The parties agree to reopen this section upon issuance of a period no greater than one (1) year preceding the filing of the grievancenew out-of-class policy.

Out-of-Classification Assignments. A. Notwithstanding Government Code Sections 905.2, 19818.8, an employee may be required to perform work other than that described in the specification for his/her classification for up to one hundred twenty (120) consecutive calendar days during a fiscal year. B. Out-of-Class When Required If a department head or designee requires an employee employee, in writing writing, to work in a higher classification for more than 15 consecutive fifteen (15) calendar days, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 fifteen (15) calendar days. If a department head or designee requires requires, in writing, an employee in writing to work in a higher classification for 30 thirty (30) consecutive calendar days or more, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 one hundred twenty (120) consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 one hundred twenty (120) consecutive calendar days. The five percent (5% %) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with . C. Should any employee file suit against CCPOA seeking to declare this provision illegal, the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work State shall indemnify for any one assignmentcosts incurred in defending itself. B. D. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential. C. E. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. F. It is not the intent of either party to circumvent any certified hiring or promotional list, or the Merit System in general. Furthermore, whenever possible, the appointing power Appointing Authority shall choose employees for out-of-class appointment appointments from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding . Permanent employees who vacate positions to accept out-of-class assignments shall have a mandatory right of return to their former position and compensationassignment, an employee may file a grievance and when possible, upon the decision reached at Step 4 (DPA) conclusion of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one work. G. Within ninety (190) year preceding days of ratification of this MOU, the filing State and CCPOA agree to meet and discuss regarding methods to provide timely payment of the grievanceout-of-class.

Out-of-Classification Assignments. A. Notwithstanding Government Code Sections 905.2, 19818.8, an employee may be required to perform work other than that described in the specification for his/her classification for up to one hundred twenty (120) consecutive calendar days during a fiscal year. B. Out-of-Class When Required If a department head or designee requires an employee em- ployee, in writing writing, to work in a higher classification for more than 15 consecutive fifteen (15) calendar days, the employee em- ployee shall receive a pay differential of five per- cent (5% %) over his/her normal daily rate of the class to which he/she is appointed for that period in excess ex- cess of 15 fifteen (15) calendar days. If a department head or designee requires requires, in writing, an employee in writing to work in a higher classification for 30 consecutive thirty (30) con- secutive calendar days or more, the employee shall receive a pay differential of five percent (5% %) over his/her normal daily rate of the class to which he/he/ she is appointed from the first day of the assignmentassign- ment. If the assignment to a higher classification is not terminated before it exceeds 120 one hundred twenty (120) consecutive calendar days, the employee em- ployee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 one hundred twenty (120) consecutive calendar days. The five percent (5% %) differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with . C. Should any employee file suit against CCPOA seek- ing to declare this provision illegal, the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work State shall indemnify for any one assignmentcosts incurred in defending it- self. B. D. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding avoid- ing payment of an out-of-class differential. C. E. It is not the State's ’s intent to select employees for out-of-class assignments based on favoritism. F. If any dispute arises about this out-of-class sec- tion (subsections A. through G.) an employee may file a grievance and arbitrate the grievance utiliz- ing the mini-arb process described in Article VI. G. It is not the intent of either party to circumvent any certified hiring or promotional list, or the Merit Sys- tem in general. Furthermore, whenever possible, the appointing power Appointing Authority shall choose employees for out-of-class appointment appointments from the current hiring hir- ing list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local lo- cal facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification. D. If any dispute arises regarding . Permanent employees who va- cate positions to accept out-of-class assignments shall have a mandatory right of return to their former position and compensationassignment, an employee may file a grievance and when possible, upon the decision reached at Step 4 (DPA) conclusion of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievancework.