Common use of Out of Title Work Clause in Contracts

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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinued. (a) If such out-of-title duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employees, no monetary award may be issued. (b) If, however, such out-of-title duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment for a period of one or more days. And, in such event, the amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work and what he or she would have earned at that time in the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) calendar days prior to the date the grievance was filed in accordance with this Article. (c) If such out-of-title duties were assigned by proper authority during the continuance of a temporary emergency situation, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall dismiss the grievance. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 No A. Any employee shall be employed under any title not appropriate to the duties to be performed, and except upon assignment who is assigned by proper authority during the continuance of a manager or supervisor on a temporary emergency situation, no person shall be assigned basis to substantially perform the duties of any a higher titled position unless he or she has been duly appointed, promoted, transferred or reinstated to such position which are not included 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’s current title because there is a vacancy or for which the current incumbent is on leave, in writing on forms suspended or temporarily assigned elsewhere will be entitled to be provided by a differential of $3.00 per hour for 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 duration 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 decisionassignment. 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 Disputes as to whether the duties at issue being performed are out-of- titlewithin 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. (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 1. Substantially perform the duties of a higher title position shall mean that such duties are performed for 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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. least two (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, hours during a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriategiven workday. (f) If 2. It is understood that the Director of Classification and Compensation finds provision shall apply not only to work within the duties at issue employee’s bargaining unit, but also to be out-of-title, and work belonging to other JCAU units or outside the Director of Union’s bargaining units. Unless the Governor's Office of Employee Relations, or the Director's designee, finds that no temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinued. (a) If such out-of-title duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employees, no monetary award may be issued. (b) Ifemployee is reclassified into another unit, however, such out-of-title duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment for a period of one or more days. And, in such event, the amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work and what he or she would have earned at that time shall remain in the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) calendar days prior to the date the grievance was filed in accordance with this Articlesame bargaining unit. (c) If 3. This section shall not be construed as replacing normal advancement or promotional procedures. It is understood that this provision will replace all past vicinage and central office practices as they relate to an employee performing out of title work. 4. It is understood that any employee other than a JC3 or JC4 who performs work in a courtroom while court is in session without a JC3 or JC4 present and where such out-of-work is other than performance of general clerical duties such as recorder operation, stenography or duties such as those primarily assigned to Court Services Representatives will be deemed to be performing out of title duties were work. 5. Any employee who is assigned by to train an employee serving in a higher title shall be deemed to be performing out of title work. For purposes of this subsection, “training” will be understood as having the responsibility of instructing, or demonstrating to another employee in the proper authority during performance of job tasks for the continuance purpose of a temporary emergency situation, making the Director employee proficient in some designated aspect of the Governor's Office of Employee Relations, or the Director's designee, shall dismiss the grievancejob. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 No 1. Any employee shall be employed under any title not appropriate to the duties to be performed, and except upon assignment who is assigned by proper authority during the continuance of a manager or supervisor on a temporary emergency situation, no person shall be assigned basis to substantially perform the duties of any a higher titled position unless he or she has been duly appointed, promoted, transferred or reinstated to such position which are not included 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’s current title because there is a vacancy or for which the current incumbent is on leave, in writing on forms suspended or temporarily assigned elsewhere will be entitled to be provided by a differential of $3.00 per hour for 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 duration 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 decisionassignment. 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 Disputes as to whether the duties at issue being performed are out-of- titlewithin 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. (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 a. Substantially perform the duties of a higher title position shall mean that such duties are performed for 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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. least two (2) If hours during a given workday. b. It is understood that the Director provision shall apply not only to work within the employee’s bargaining unit, but also to work belonging to other JCAU units or outside the Union’s bargaining units. Unless the employee is reclassified into another unit, however, he or she shall remain in the same bargaining unit. c. This section shall not be construed as replacing normal advancement or promotional procedures. It is understood that this provision will replace all past vicinage and central office practices as they relate to an employee performing out of Classification title work. d. It is understood that any employee other than a JC3 or JC4 who performs work in a courtroom while court is in session without a JC3 or JC4 present and Compensation has determined the where such work is other than performance of general clerical duties at issue such as recorder operation, stenography or duties such as those primarily assigned to Court Services Representatives will be deemed to be out-of-titleperforming out of title work e. Any employee who is assigned to train an employee serving in a higher title shall be deemed to be performing out of title work. For purposes of this subsection, a review by “training” will be understood as having the Director responsibility of instructing or demonstrating to another employee in the proper performance of job tasks for the purpose of making the employee proficient in some designated aspect of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such job. 2. Employees paid for performing out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no temporary emergency circumstances exist, the Step 3 determination work shall direct that out-of-title assignment be discontinued. (a) If receive credit for such out-of-title duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employees, no monetary award may be issued. (b) If, however, such out-of-title duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment full 30 day increments (i.e. 210 hours) when applying for a period of one or more days. And, in such event, the amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work and what he or she would have earned at that time in the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) calendar days prior to the date the grievance was filed in accordance with this Articlepromotion and/or advancement opportunities. (c) If such out-of-title duties were assigned by proper authority during the continuance of a temporary emergency situation, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall dismiss the grievance. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 16.1 No employee shall be employed under any title not appropriate to the duties to be performedperformed and, and except upon assignment by proper authority during the continuance of a temporary emergency situation, no person employee shall be assigned to perform the duties of any position unless he or 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 Regulationsof the Chief Administrative Judge. §18.2 16.2 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 term "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. 16.3 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" as used in this Article emergency which shall mean include: an unscheduled situation or circumstance which is expected to be of limited duration and either (ai) presents a clear and imminent danger to person or property, property or (bii) is likely to interfere with the conduct of the agency's or institutionState's statutory mandates or programs. (a) A grievance alleging violations of this Article shall be filed directly at Step 2 ; and cataclysmic events such as strikes or black-outs; and occasionally unanticipated staffing shortages; provided the affected employee is given reasonable notice by the employee, in writing on forms to be provided by the State, to the Agency Head or a designee of proper authority 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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no is under a temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinuedemergency. (a) An opinion shall be issued by the Deputy Director for Labor Relations within 20 workdays following the receipt of the grievance. Copies of the opinion shall be sent to the employee, the Union local president and the Union’s Deputy Director of Contract Administration. 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 the employee is certified, the Deputy Director for Labor Relations shall direct the discontinuance forthwith of such assigned duties. (1) If such out-of-title substantially different duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employeesemployee, no monetary award may be issued. (b2) If, however, such out-of-title substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director of the Governor's Office of Employee Relations, or the Director's designee, for Labor Relations shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment such duties for a period of one or more days. And, in such event, the The amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work duties and what he or he/she would have earned at that time in had he/she been promoted to the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) 15 calendar days prior to the date the grievance was filed filed, in accordance with this Article. (cb) If such out-of-title Notwithstanding the provisions of subdivision (a), if the substantially different duties were assigned by proper authority during the continuance existence of a temporary emergency situation, the Deputy Director of for Labor Relations shall deny the Governor's Office of Employee Relations, or the Director's designee, grievance and no payment shall dismiss the grievancebe made. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 16.1 No employee shall be employed under any title not appropriate to the duties to be performedperformed and, and except upon assignment by proper authority during the continuance of a temporary emergency situation, no person employee shall be assigned to perform the duties of any position unless he or 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 Regulationsof the Chief Administrative Judge. §18.2 16.2 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 term "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. 16.3 In determinations regarding out­of­title work under this Article, an employee shall be determined to be working out­of­title, unless: (a) The duties alleged to be out­of­title 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" as used in this Article emergency which shall mean include: an unscheduled situation or circumstance which is expected to be of limited duration and either (ai) presents a clear and imminent danger to person or property, property or (bii) is likely to interfere with the conduct of the agency's or institutionState's statutory mandates or programs; and cataclysmic events such as strikes or black­outs; and occasionally unanticipated staffing shortages; provided the affected employee is given reasonable notice by proper authority that such assignment of out­of­title duties is under a temporary emergency. (a) A grievance alleging violations of this Article An opinion shall be filed directly at Step 2 issued by the Deputy Director for Labor Relations within 20 workdays following the receipt of the grievance. Copies of the opinion shall be sent to the employee, in writing on forms to be provided by the State, to Union local president and the Agency Head or a designee Union’s Deputy Director of Contract Administration. If it is the opinion of the Deputy Director for Labor Relations that Agency Head, and a copy the assigned duties which are the subject of the grievance shall be simultaneously filed with are substantially different from those appropriate to 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 title to which the employee agrees to an extension is certified, the Deputy Director for Labor Relations shall direct the discontinuance forthwith of such time limitassigned duties. (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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinued. (a) If such out-of-title duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employees, no monetary award may be issued. (b) If, however, such out-of-title duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment for a period of one or more days. And, in such event, the amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work and what he or she would have earned at that time in the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) calendar days prior to the date the grievance was filed in accordance with this Article. (c) If such out-of-title duties were assigned by proper authority during the continuance of a temporary emergency situation, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall dismiss the grievance. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 16.1 No employee shall be employed under any title not appropriate to the duties to be performedperformed and, and except upon assignment by proper authority during the continuance of a temporary emergency situation, no person employee shall be assigned to perform the duties of any position unless he or 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 Regulationsof the Chief Administrative Judge. §18.2 16.2 Grievances hereunder shall be processed on forms to be provided by the State and filed directly with the Chief of Employee Relations and shall not be arbitrable. The term "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. 16.3 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" as used in this Article emergency which shall mean include: an unscheduled situation or circumstance which is expected to be of limited duration and either (ai) presents a clear and imminent danger to person or property, property or (bii) is likely to interfere with the conduct of the agency's or institutionState's statutory mandates or programs. (a) A grievance alleging violations of this Article shall be filed directly at Step 2 ; and cataclysmic events such as strikes or black-outs; and occasionally unanticipated staffing shortages; provided the affected employee is given reasonable notice by the employee, in writing on forms to be provided by the State, to the Agency Head or a designee of proper authority 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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no is under a temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinuedemergency. (a) If it is the opinion of the Chief of Employee Relations that 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, the Chief of Employee Relations shall direct the discontinuance forthwith of such out-of-title assigned duties. (1) If such substantially different duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employeesemployee, no monetary award may be issued. (b2) If, however, such out-of-title substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office Chief of Employee Relations, or the Director's designee, Relations shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment such duties for a period of one or more days. And, in such event, the The amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work duties and what he or he/she would have earned at that time in the entry level of the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) 15 calendar days prior to the date the grievance was filed filed, in accordance with this Article. (cb) If such out-of-title Notwithstanding the provisions of subdivision (a), if the substantially different duties were assigned by proper authority during the continuance existence of a temporary emergency situation, the Director of the Governor's Office Chief of Employee Relations, or Relations shall deny the Director's designee, grievance and no payment shall dismiss the grievancebe made. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 No Any employee shall be employed under any title not appropriate to the duties to be performed, and except upon assignment who is assigned by proper authority during the continuance of a manager or supervisor on a temporary emergency situation, no person shall be assigned basis to substantially perform the duties of any a higher titled position unless he which are not included in the employee’s current title because there is a vacancy or she has been duly appointedfor which the current incumbent is on leave, promotedsuspended or temporarily assigned elsewhere will be entitled to a differential of $2.00 per hour for the duration of such assignment. Effective for calendar year 2009 out of title compensation shall be $2.25 per hour, transferred effective calendar year 2010 the out of title pay compensation shall be $2.50 per hour, and effective calendar year 2012 the out of title compensation shall be $3.00. 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 reinstated to such position in accordance with Senior Manager who may intervene and resolve the provisions of dispute. If the Civil Service Lawdispute is not resolved by the TCA or Senior Manager, 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 it will be of limited duration and either (a) presents a clear and imminent danger to person or property, or (b) is likely to interfere with resolved by the conduct of the agency's or institution's statutory mandates or programsClassification Unit. (a) A grievance alleging violations Substantially perform the duties of this Article a higher title position shall be filed directly mean that such duties are performed for at Step 2 by the employee, in writing on forms to be provided by the State, to the Agency Head or least two (2) hours during 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 limitgiven workday. (b) An appeal from an unsatisfactory decision at Step 2 may be filed by DC-37 through its President It is understood that the provision shall apply not only to work within the employee’s bargaining unit, but also to work belonging to other JCAU units or outside the President's designee with Union’s bargaining units. Unless the Director of employee is reclassified into another unit, however, he or she shall remain in 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 replysame bargaining unit. (c) After receipt This section shall not be construed as replacing normal advancement or promotional procedures. It is understood that this provision will replace all past vicinage and central office practices as they relate to an employee performing out 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- titletitle work. (d) The Director It is understood that any employee other than a JC3 or JC4 who performs work in a courtroom while court is in session without a JC3 or JC4 present and where such work is other than performance of Classification and Compensation general clerical duties such as recorder operation, stenography or duties such as those primarily assigned to Court Services Representatives will make every reasonable effort be deemed to complete such review promptly, and will send to the Director be performing out of the Governor's Office of Employee Relations the findings as to whether the duties at issue are out-of-titletitle work. (e) The Director Any employee who is assigned to train an employee serving in a higher title shall be deemed to be performing out of title work. For purposes of this subsection, “training” will be understood as having the responsibility of instructing, or demonstrating to another employee in the proper performance of job tasks for the purpose of making the employee proficient in some designated aspect 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 Director of Classification and Compensation as to whether the duties at issue are out-of-titlejob. (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinued. (a) If such out-of-title duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employees, no monetary award may be issued. (b) If, however, such out-of-title duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment for a period of one or more days. And, in such event, the amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work and what he or she would have earned at that time in the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) calendar days prior to the date the grievance was filed in accordance with this Article. (c) If such out-of-title duties were assigned by proper authority during the continuance of a temporary emergency situation, the Director of the Governor's Office of Employee Relations, or the Director's designee, shall dismiss the grievance. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty

Out of Title Work. §18.1 No employee shall be employed under any title not appropriate to the duties to be performedperformed and, and except upon assignment by proper authority during the continuance of a temporary emergency situation, no person employee shall be assigned to perform the duties of any position unless he or 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 Regulationsof the Chief Administrative Judge. §18.2 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 term "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. 18.3 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" as used in this Article emergency which shall mean include: an unscheduled situation or circumstance which is expected to be of limited duration and either (ai) presents a clear and imminent danger to person or property, property or (bii) is likely to interfere with the conduct of the agency's or institutionState's statutory mandates or programs. (a) A grievance alleging violations of this Article shall be filed directly at Step 2 ; and cataclysmic events such as strikes or black-outs and occasionally unanticipated staffing shortages; provided the affected employee is given reasonable notice by the employee, in writing on forms to be provided by the State, to the Agency Head or a designee of proper authority 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 Director of Classification and Compensation as to whether the duties at issue are out-of-title. (2) If the Director of Classification and Compensation has determined the duties at issue to be out-of-title, a review by the Director of the Governor's Office of Employee Relations, or the Director's designee, of whether temporary emergency circumstances exist which make the assignment of such out-of-title duties appropriate. (f) If the Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Governor's Office of Employee Relations, or the Director's designee, finds that no is under a temporary emergency circumstances exist, the Step 3 determination shall direct that out-of-title assignment be discontinuedemergency. (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 the employee is certified, the Deputy Director for Labor Relations shall direct the discontinuance forthwith of such out-of-title assigned duties. (1) If such substantially different duties are found to be appropriate to a lower salary grade or to the same salary grade as that held by the affected employeesemployee, no monetary award may be issued. (b2) If, however, such out-of-title substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director of the Governor's Office of Employee Relations, or the Director's designee, for Labor Relations shall issue an award of monetary relief, provided that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed work in the out-of-title assignment such duties for a period of one or more days. And, in such event, the The amount of such monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such work duties and what he or he/she would have earned at that time in the entry level of the higher salary grade title, but in no event shall such monetary award be retroactive to a date earlier than fifteen (15) ten calendar days prior to the date the grievance was filed filed, in accordance with this Article. (cb) If such out-of-title Notwithstanding the provisions of subdivision (a), if the substantially different duties were assigned by proper authority during the continuance existence of a temporary emergency situation, the Deputy Director of for Labor Relations shall deny the Governor's Office of Employee Relations, or the Director's designee, grievance and no payment shall dismiss the grievancebe made. (d) After receipt of the Step 3 decision, DC-37 may, where it alleges additional facts or existence of a dispute of fact, within thirty