Common use of Out-of-Classification Grievances and Position Allocation Hearing Process Clause in Contracts

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “out of class” when he/she spends a majority (i.e., more than fifty percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that 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 SPB specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “out of class” class when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-of- class work by his/her department for up to one hundred twenty (120) 120 calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections Regs Section 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. Out-of-class work may be discontinued by departments at any time; however, departments may not rotate employees in and out of out-of-of- class assignments to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s 's base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D D. below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR Department of Personnel Administration referenced in Government Code section Section 19818.16 or the State Victim Compensation and Government Claims BoardBoard of Control. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections Sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee’s 's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s 's position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “"out of class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) 120 calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s 's base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D D. below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR Department of Personnel Administration referenced in Government Code section 19818.16 or the State Victim Victims Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections s 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s 's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s 's position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Employees in Attorney III level classifications, claiming they are working out-of-class and/or that a position should be allocated to the IV level, shall use the procedures described in Side Letter #1. B. Definitions 1. An employee is working “"out of class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. 2. Training and Development assignments are not out-of-class work. 23. For purposes of this section, 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 in which the employee holds an appointment. 34. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. C. Authorization and Rate of Pay Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “out of "out-of-class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of out-of-class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) 120 calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Cal. Code of Regulations sections Regs Section 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s 's base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D D. below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR Department of Personnel Administration referenced in Government Code section Section 19818.16 or the State Victim Compensation and Government Claims BoardBoard of Control. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections Sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee’s 's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s 's position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “"out of class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) 120 calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Cal. Code of Regulations sections Regs Section 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s 's base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D D. below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR Department of Personnel Administration referenced in Government Code section Section 19818.16 or the State Victim Compensation and Government Claims BoardBoard of Control. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections Sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee’s 's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s 's position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “out of class” when he/she spends a majority (i.e., more than fifty percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that 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 SPB specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.and

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “out of out-of-class” when he/she spends a majority (i.e., more than fifty percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that 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 SPB specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR DPA referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims BoardBoards. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “"out of class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) 120 calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections Sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s 's base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D D. below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR Department of Personnel Administration referenced in Government Code section Section 19818.16 or the State Victim Victims Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections Sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee’s 's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s 's position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “out of class” when he/she spends a majority (i.e., more than fifty percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that 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 SPB specification. Training and Development assignments are not out-of-class work. 2. For purposes of this section, 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 in which the employee holds an appointment. 3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/he/ she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Employees in Attorney III level classifications, claiming they are working out-of-class and/or that a position should be allocated to the IV level, shall use the procedures described in Side Letter #3. B. Definitions 1. An employee is working “"out of class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. 2. Training and Development assignments are not out-of-class work. 23. For purposes of this section, 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 in which the employee holds an appointment. 34. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. C. Authorization and Rate of Pay Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims Board. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.

Out-of-Classification Grievances and Position Allocation Hearing Process. A. Definitions 1. An employee is working “"out of class” " when he/she spends a majority (i.e., more than fifty 50 percent [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 that do not overlap with the classification in which said employee holds an appointment. Duties that are appropriately assigned to incumbents in the employee’s 's current classification are not out of class. Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB State Personnel Board specification. 2. Training and Development assignments are not out-of-class work. 23. For purposes of this section, 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 in which the employee holds an appointment. 34. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out of class. B. Authorization and Rate of Pay 1. Notwithstanding Government Code sections Sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by his/her department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment: a. a) Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and, b. b) Cannot feasibly be met through use of other civil service or administrative alternatives. 2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination. 3. When an employee is assigned out-of-class work, he/she shall receive the rate of pay he/she would have received pursuant to Title 2 California Cal. Code of Regulations sections Section 599.673, 599.674, or 599.676 if appointed to the higher classification. 4. 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 to avoid payment of out-of- of-class compensation. 5. Out-of-class pay shall not be considered as part of the employee’s 's base pay when computing the rate due upon promotion to a higher level. C. Out-of-Class Grievances and Allocation Appeals 1. The grievance and arbitration procedure described in subsection D E. below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by the CalHR Department of Human Resources referenced in Government Code section Section 19818.16 or the State Victim Compensation and Government Claims BoardBoard of Control. 2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 Sections 19818.16 and 19818.20. 3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities. 4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee’s 's grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator. 5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s 's position or discontinuance of out-of-class work assignments.