Common use of Out of Title Work Clause in Contracts

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 the employee is certified, the Deputy Director for Labor Relations shall direct the discontinuance forthwith of such 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 employee, no monetary award may be issued. (2) If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor Relations shall issue an award of monetary relief, provided that the affected employee has performed such duties for a period of one or more days. The amount of monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such duties and what 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 ten calendar days prior to the date the grievance was filed, in accordance with this Article. (b) Notwithstanding the provisions of subsection (a) above, if the substantially different duties were assigned by proper authority during the existence of a temporary emergency situation, the Chief of Employee Relations shall deny the grievance and no payment shall be made.

Out of Title Work. 19.1 18.1 No employee person 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 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 Rules of the Chief Administrative Judge Judge. An emergency situation shall mean an unscheduled or non-periodic situation or circumstance which is expected to be of the Courtslimited duration, but no longer than 30 days. 19.2 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 arbitrablesubject to arbitration before an arbitrator selected from the panel established in Section 17.2(c). The arbitrator shall make a determination consistent with Section 18.3 and fashion a remedy consistent with Section 18.4. 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 18.3 In determinations regarding out-of-title work under this Article, the grievant’s duties shall be determined to be “substantially different” and an employee grievant shall be determined to be working out-of-title, unlesstitle if any of the following factors are met: (a) The duties alleged to be out-of-title work are not normally performed by employees in the grievant's title and are not described in the class specifications for another ’s title; or, (b) The duties are reasonably related to majority of the duties described performed by the grievant are performed by employees in another title throughout the class specifications for the grievant's titlecourt system; or, (c) The majority of the duties are new duties which are a reasonable outgrowth of duties usually performed by employees the grievant are not reasonably covered by the grievant’s title standard and are included in the grievant's title standard of another title; or, (d) The duties are were not 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 meet any of the State's statutory mandates or programsabove cited conditions; and cataclysmic events such as strikes or black-outs; and occasionally unanticipated staffing shortages; provided or, (e) The duties are not a reasonable outgrowth of the affected employee is given reasonable notice duties usually performed by proper authority that such assignment of out-of-title duties is under a temporary emergencyemployees in the grievant’s title. (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 Local 1070 president and the District Council 37 Representative. 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 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 employee, no monetary award may be issued. (2) If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected effected employee, the Deputy Director for Labor Relations or the arbitrator shall issue an award of monetary relief, provided that the affected employee has performed such duties for a period of one or more days. The amount of monetary relief relief, if the grievance is granted at Step 2, shall be the difference between what the affected employee was earning at the time he/she performed such duties and what 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 more than ten 90 calendar days prior to the date the grievance was filed in accordance with this Article. However, in the event that the grievance proceeds to arbitration and the grievance is sustained by the arbitrator, the award may include any days between the filing of the grievance and the date of the arbitrator’s award in addition to 90 calendar days prior to the date the grievance was filed, in accordance with . No employee shall be able to file successive grievances under this ArticleArticle to avoid limitations on monetary awards provided herein. (b) Notwithstanding the provisions of subsection subdivision (a) above, if the substantially different duties were assigned by proper authority during the existence of a temporary emergency situation, the Chief of Employee Deputy Director for Labor Relations or the arbitrator shall deny the grievance and no payment shall be made. For purposes of this article, “a temporary emergency situation” shall mean an unscheduled situation or circumstance which is expected to be no more than 30 calendar days duration and is likely to interfere with the conduct of the court’s or court-related agencies’ statutory mandates or programs.

Out of Title Work. 19.1 a. 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 no person shall be assigned to perform the duties of any position unless he/she he has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Civil Service Law, Rules and Regulations. b. The term "temporary emergency" as used in this Article shall mean an unscheduled or non- periodic 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 Chief Administrative Judge of the Courtsagency's or institution's statutory mandates or programs. 19.2 a. Grievances hereunder alleging violation of this Article shall be processed on forms pursuant 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 ofArticle 7, or have knowledge, that he/she had a grievanceparagraph 7.1(b), and shall specify be filed utilizing an out-of-title grievance form. b. If appealed to Step 3, the Director of the Governor's Office of Employee Relations shall seek an opinion from the Director of Classification and Compensation concerning 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. The Union shall be given the opportunity to present to the Director of Classification and Compensation, a written brief of the facts surrounding the grievance. The Director of Classification and Compensation shall, within 60 calendar days of the filing of the appeal, forward his opinion to the Director of the Governor's Office of Employee Relations, and the Union, for implementation. 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) c. If it is the opinion of the Deputy Director for Labor Relations of Classification and Compensation 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 of the Governor's Office of Employee Relations, or his designee, shall direct the discontinuance appointing authority forthwith of to discontinue such 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 employee, no monetary award may be issued. (2) . If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor of the Governor's Office of Employee Relations shall issue an award of monetary relief, provided that the affected employee has performed such duties for a period of one or more days. The amount of monetary relief shall be the difference between what the affected employee was earning at the time he/she he performed such duties and what he/she he 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 ten calendar days prior to the date the grievance was filed, in accordance with this Article. (b) Notwithstanding the provisions of subsection (a) above, if the substantially different duties were assigned by proper authority during the existence of a temporary emergency situation, the Chief of Employee Relations shall deny the grievance and no payment shall be made.su

Out of Title Work. 19.1 §24.1 No employee person 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 no person shall be assigned to perform the duties of any position unless he/he or she has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Rules Military Law and the Division's Rules, Regulations and Practices. No credit shall be granted in a promotion examination for out-of-title work. The term "temporary emergency" shall mean a non-recurring situation or circumstance of limited duration which might impair the Chief Administrative Judge Division's goals, interfere with the proper discharge of its responsibilities or present a clear danger to persons or property. An emergency exceeding 60 calendar days shall not be considered to be a temporary emergency, and upon the Courtsexpiration of such 60 calendar days the employee shall be returned to his or her proper employment. 19.2 Grievances hereunder a. A grievance alleging violation of this Article shall be processed filed directly with the Division by the employee or CSEA in writing on forms to be provided by the State and with a copy of that grievance being simultaneously filed directly with the Deputy facility head or designee. An opinion shall be issued by the Division as soon as possible, but no later than 20 calendar days following receipt of the grievance. The distribution of that opinion shall include the grievant, the CSEA labor relations specialist and the CSEA local. 1. If not satisfactorily resolved at the Division level, an appeal may be filed with the Director of the Governor's Office of Employee Relations within ten calendar days of receipt of the Division opinion. Such appeal shall include a copy of the original grievance and the Division opinion. After receipt of such an appeal, the Director of the Governor's Office of Employee Relations shall seek an opinion from the Adjutant General or designee. Such appeal shall be processed in accordance with the provisions of Article 24.2 (c), (d), and (e). 2. If the grievance is sustained by the Division and a monetary award is recommended, a request for affirmation of the Division decision shall be filed by the Division with the Director of the Adjutant General within fifteen calendar days of issuance of the Division opinion. Copies of the request for affirmation shall be sent to the Director of the Governor's Office of Employee Relations, the CSEA Labor Relations Specialist and the CSEA Local. Such request shall not be arbitrableprocessed in the manner of an appeal in accordance with the provisions of Article 24.2 (c), (d) and (e). The request for affirmation shall include a copy of the original grievance must and Division opinion. No monetary award may be presented in writing not later than 45 calendar days after granted without an affirmative recommendation by the date on which Director of the act Governor's Office of Employee Relations. c. After receipt of an appeal, the Adjutant General 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, designee shall review and shall specify formulate an opinion concerning 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. The Adjutant General or designee shall within sixty (60) calendar days of receipt of the appeal, forward his or her opinion to the Director of the Governor's Office of Employee Relations for implementation. 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 d. If such opinion is in the grievant's title and are not described in affirmative, 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 Director of the StateGovernor's statutory mandates Office of Employee Relations 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 the employee is certified, the Deputy Director for Labor Relations Director's designee shall direct the discontinuance Division forthwith of to discontinue such assigned dutiesassignment. (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 employeeemployees, no monetary award may be issued. (2) . If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor of the Governor's Office of Employee Relations shall issue an award of monetary relief, provided that the affected employee has performed such duties work in the out-of-title assignment for a period of one or more days. The 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 duties work and what he/she would have earned at that the 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 ten fifteen (15) calendar days prior to the date of the certified mailing of the grievance was filedto the Division, in accordance or date filed with this Articlethe facility or unit head or designee, whichever is later. (b) Notwithstanding 3. In the provisions event a monetary award is issued, the State shall make every effort to pay the affected employee within three bi-weekly payroll periods, after the issuance of subsection (a) above, if the such award. 4. If such substantially different duties were assigned by proper authority during the existence continuance of a temporary emergency situation, the Chief Director of the Governor's Office of Employee Relations or the Director's designee shall deny dismiss the grievance and no payment shall be madegrievance.

Out of Title Work. 19.1 §18.1 No employee shall be employed under any title not appropriate to the duties to be performed andperformed, and except upon assignment by proper authority during the continuance of a temporary emergency situation, not to exceed 30 days. No employee no person shall be assigned to perform the duties of any position unless he/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 of the Chief Administrative Judge of the Courtsand Regulations. 19.2 Grievances hereunder §18.2 The term "temporary emergency" as used in this Article 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: mean an unscheduled situation or circumstance which is expected to be of limited duration and either (ia) presents a clear and imminent danger to person or property property, or (iib) is likely to interfere with the conduct of the Stateagency'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 cataclysmic events 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 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 strikes 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 blackthe 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-outs; of-title. 2. If the Director of Classification and occasionally unanticipated staffing shortages; provided Compensation has determined the affected employee is given reasonable notice duties at issue to be out-of-title, a review by proper authority that such 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 is under a temporary emergencyappropriate. (a) f. If it is the opinion Director of Classification and Compensation finds the duties at issue to be out-of-title, and the Director of the Deputy Director for Labor Relations Governor's Office of Employee Relations, or the Director's designee, finds 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 certifiedno temporary emergency circumstances exist, the Deputy Director for Labor Relations Step 3 determination shall direct the discontinuance forthwith of such assigned dutiesthat out-of-title assignment be discontinued. (1) a. If such substantially different 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 employeeemployees, no monetary award may be issued. (2) b. If, however, such substantially different out-of-title duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor Relations of the Governor's Office of Employee Relations, or the Director's designee, shall issue an award of monetary relief, provided that that (a) the assignment to perform such duties was made on or after April 1, 1984, and (b) the affected employee has performed such duties work in the out-of-title assignment for a period of one or more days. The 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/he or she performed such duties work and what he/he or 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 ten fifteen calendar days prior to the date the grievance was filed, filed in accordance with this Article. (b) Notwithstanding the provisions of subsection (a) above, if the substantially different c. If such out-of-title duties were assigned by proper authority during the existence continuance of a temporary emergency situation, the Chief 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 (30) calendar days of the date of the decision, file an appeal with the Director of the Governor's Office of Employee Relations. Such appeal shall include documentation to support the factual allegations. The appeal shall then be forwarded by the Director of the Governor's Office of Employee Relations to the Director of Classification and Compensation for reconsideration. The Director of Classification and Compensation shall deny reconsider the grievance matter and no payment shall, within thirty (30) calendar days, forward an opinion to the Director of the Governor's Office of Employee Relations. The latter shall act upon such opinion in accordance with the provisions of Sections 18.3(e) and (f), and Sections 18.4(a), (b), and (c) above. e. Grievances hereunder may be madeprocessed only in accordance with this Article and shall not be arbitrable.

Out of Title Work. 19.1 a. 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 no person shall be assigned to perform the duties of any position unless he/she he has been duly appointed, promoted, transferred or reinstated to such position in accordance with the provisions of the Civil Service Law, Rules and Regulations. b. The term "temporary emergency" as used in this Article shall mean an unscheduled or non-periodic 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 Chief Administrative Judge of the Courtsagency's or institution's statutory mandates or programs. 19.2 a. Grievances hereunder alleging violation of this Article shall be processed on forms pursuant 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 ofArticle 7, or have knowledge, that he/she had a grievanceparagraph 7.1(b), and shall specify be filed utilizing an out-of-title grievance form. b. If appealed to Step 3, the Director of the Governor's Office of Employee Relations shall seek an opinion from the Director of Classification and Compensation concerning 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. The Union shall be given the opportunity to present to the Director of Classification and Compensation, a written brief of the facts surrounding the grievance. The Director of Classification and Compensation shall, within 60 calendar days of the filing of the appeal, forward his opinion to the Director of the Governor's Office of Employee Relations, and the Union, for implementation. 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) c. If it is the opinion of the Deputy Director for Labor Relations of Classification and Compensation 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 of the Governor's Office of Employee Relations, or his designee, shall direct the discontinuance appointing authority forthwith of to discontinue such 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 employee, no monetary award may be issued. (2) . If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor of the Governor's Office of Employee Relations shall issue an award of monetary relief, provided that the affected employee has performed such duties for a period of one or more days. The amount of monetary relief shall be the difference between what the affected employee was earning at the time he/she he performed such duties and what he/she he 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 ten fifteen calendar days prior to the date the grievance was filed, filed in accordance with this ArticleAgreement. (b) Notwithstanding the provisions of subsection (a) above, if the substantially different duties were assigned by proper authority during the existence of a temporary emergency situation, the Chief of Employee Relations shall deny the grievance and no payment shall be made.

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 the employee is certified, the Deputy Director for Labor Relations shall direct the discontinuance forthwith of such 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 employee, no monetary award may be issued. (2) If, however, such substantially different duties are found to be appropriate to a higher salary grade than that held by the affected employee, the Deputy Director for Labor Relations shall issue an award of monetary relief, provided that the affected employee has performed such duties for a period of one or more days. The amount of monetary relief shall be the difference between what the affected employee was earning at the time he/she performed such duties and what 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 ten calendar days prior to the date the grievance was filed, in accordance with this Article. (b) Notwithstanding the provisions of subsection Subsection (a) above), if the substantially different duties were assigned by proper authority during the existence of a temporary emergency situation, the Chief of Employee Relations shall deny the grievance and no payment shall be made.