Out of Title Work. Employees who are temporarily required to perform duties of a higher pay grade or classification shall be compensated at a rate relative to his or her current status and in line with the higher grade classification. Requests for temporary classifications must be submitted to the Human Resources office for approval. Assignments must be for a minimum of ten (10) days with pay retroactive to the first day upon reaching the tenth (10th) day in the temporary assignment.
Out of Title Work. 17.1 No employee shall be employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless he/she has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Civil Service Law, Rules and Regulations.
Out of Title Work. Working out-of-title shall be defined as the temporary assignment by an appointing authority to perform duties not within any existing job classification for a period which exceeds ninety (90) days, provided such assignment is approved by the Secretary of the Office of Policy and Management or designee. Said assignment, in order to qualify for treatment hereunder, shall meet the conditions outlined herein.
Out of Title Work. A. The State and the Union agree that employees should be assigned work appropriate to and within their job classification.
B. The practice of regularly assigning out-of-title work to employees shall be discontinued. Instances of out-of-title work identified by the Union and formally brought to the attention of the State shall be corrected immediately or by phasing out such assignments at the earliest time which shall in any case be no later than three (3) months from the time of notification by the Union. Subsequent to notifying the appropriate management official any dispute as to whether the work is within the job classification of the employee(s) involved shall be resolved by Union or employee appeal to the Civil Service Commission where the matter will be heard within twenty-one (21) days and a decision rendered within ten (10) days of that hearing. Any dispute concerning the phasing out period will be resolved through the grievance procedure.
C. Where out-of-title work assignments are made for longer than thirty (30) days, permanent (career service) employees in the work unit from the next lower promotional title in the series, deemed capable of performing the work, and where available, shall be given the opportunity to assume such higher out-of-title work in the work unit and shall have the right to refuse such assignments based on job classification seniority. Where such assignments are readily identifiable by the State, the eligible employees concerned shall be notified and a copy of the notification shall be given to the Union.
Out of Title Work. §18.1 No employee shall be employed under any title not appropriate to the duties to be performed, and except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless he or she has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Civil Service Law, Rules and Regulations.
§18.2 The term "temporary emergency" as used in this Article shall mean an unscheduled situation or circumstance which is expected to be of limited duration and either (a) presents a clear and imminent danger to person or property, or (b) is likely to interfere with the conduct of the agency's or institution's statutory mandates or programs.
(a) A grievance alleging violations of this Article shall be filed directly at Step 2 by the employee, in writing on forms to be provided by the State, to the Agency Head or a designee of that Agency Head, and a copy of the grievance shall be simultaneously filed with the facility or institution head or a designee. A determination shall be issued at Step 2 as promptly as possible, but no later than ten (10) working days after receipt of the grievance unless DC-37 or the employee agrees to an extension of such time limit.
(b) An appeal from an unsatisfactory decision at Step 2 may be filed by DC-37 through its President or the President's designee with the Director of the Governor's Office of Employee Relations or the Director's designee within 10 working days of receipt of the Step 2 decision. Such appeal shall include a copy of the original grievance and the Step 2 reply.
(c) After receipt of such grievance, the Director of the Governor's Office of Employee Relations or the Director's designee will promptly forward it to the Director of Classification and Compensation for a review and determination as to whether the duties at issue are out-of- title.
(d) The Director of Classification and Compensation will make every reasonable effort to complete such review promptly, and will send to the Director of the Governor's Office of Employee Relations the findings as to whether the duties at issue are out-of-title.
(e) The Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue a Step 3 determination forthwith upon receipt of the determination of the Director of Classification and Compensation based on the following:
(1) The findings of the Dire...
Out of Title Work. Section 16.1 Work in a Lower Classification While an employee is performing the duties of a position classified in a grade lower than that in which the employee performs his/her duties, he/she shall be compensated at his/her regular rate of pay as if performing his/her regular duties.
Out of Title Work. Whenever a unit member is continuously assigned for a period of at least one (1) work week by supervision to perform the duties of another classification at a higher wage grade, the unit member shall be compensated for the period of the assignment at the rate for the higher classification in accordance with Article 11, Section B.
Out of Title Work. 19.1 No employee shall be employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, not to exceed 30 days. No employee shall be assigned to perform the duties of any position unless he/she has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Rules of the Chief Administrative Judge of the Courts.
19.2 Grievances hereunder shall be processed on forms to be provided by the State and filed directly with the Deputy Director for Labor Relations and shall not be arbitrable. The grievance must be presented in writing not later than 45 calendar days after the date on which the act or omission giving rise to the grievance occurred or when the employee could reasonably have been expected to become aware of, or have knowledge, that he/she had a grievance, and shall specify whether or not the assigned duties which are the subject of the grievance are substantially different from those appropriate to the title to which the employee is certified.
19.3 In determinations regarding out-of-title work under this Article, an employee shall be determined to be working out-of-title, unless:
(a) The duties alleged to be out-of-title work are normally performed by employees in the grievant's title and are not described in the class specifications for another title; or,
(b) The duties are reasonably related to the duties described in the class specifications for the grievant's title; or,
(c) The duties are new duties which are a reasonable outgrowth of duties usually performed by employees in the grievant's title; or,
(d) The duties are assigned during a temporary emergency which shall include: an unscheduled situation or circumstance which is expected to be of limited duration and either (i) presents a clear and imminent danger to person or property or (ii) is likely to interfere with the conduct of the State's statutory mandates or programs; and cataclysmic events such as strikes or black-outs; and occasionally unanticipated staffing shortages; provided the affected employee is given reasonable notice by proper authority that such assignment of out-of-title duties is under a temporary emergency.
(a) If it is the opinion of the Deputy Director for Labor Relations that the assigned duties which are the subject of the grievance are substantially different from those appropriate to the title to which ...
Out of Title Work. The State and the Union agree that employees shall be assigned work appropriate to and within their job classification. The assignment of out-of-title work on other than an incidental basis shall be avoided. Instances of such out-of-title work identified by the Union and formally brought to the attention of the State shall be corrected immediately or by phasing out such assignments at the earliest possible time which shall in any case be no later than three (3) months from the time of notification by the Union. The entire three-month phase out period will only be used where the operational needs are such that the work cannot be phased out sooner. The three- month phase out period will not be abused. Any dispute as to whether the work is within the job classification of the employee(s) involved may be resolved by appeal to the Civil Service Commission where the matter will be heard within twenty-one
Out of Title Work. A. Any employee who is assigned by a manager or supervisor on a temporary basis to substantially perform the duties of a higher titled position which are not included in the employee’s current title because there is a vacancy or for which the current incumbent is on leave, suspended or temporarily assigned elsewhere will be entitled to a differential of $3.00 per hour for the duration of such assignment. Disputes as to whether the duties being performed are within the employee’s current title shall be submitted to the Classification Unit with notice of such dispute submitted to the TCA or Senior Manager who may intervene and resolve the dispute. The employee must present a claim for out of title pay within one pay period after the pay period in which the alleged out of title duties were first assigned. If the dispute is not resolved by the TCA or Senior Manager, it will be resolved by the Classification Unit.
