Common use of Reclassification Appeals Clause in Contracts

Reclassification Appeals. A. During the term of this Agreement, any employee who believes her responsibilities more closely resemble the job description of another classified position rather than the one assigned; or any employee asked to perform responsibilities out of classification, may appeal for reclassification to that position in the following manner: 1. Make a request in writing for a desk audit to the Personnel Office at the University. The employee shall be furnished with a classification questionnaire within five (5) working days of said request. 2. Within thirty (30) working days of receipt of the completed questionnaire, the employee’s immediate supervisor and appointing authority shall forward said questionnaire to the State Office of Personnel Administration for study, and notify the employee and the Association when submitted. Appropriate University officials shall document whether the employee’s statements are true and accurate, and whether they believe the employee is performing the work of a different classification. 3. Within ninety (90) working days after receipt of said questionnaire, the Office of personnel Administration shall conduct a classification review and issue a written decision addressing the merits of the employee’s claim and will set forth specific reasons for its findings. A copy of this report will be forwarded to the employee, the Association and the University. 4. If an employee is reallocated from a standard to a non-standard job classification, any overtime earned during the retroactive period shall be an overpayment to the employee subject to repayment to the State. If the desk audit is favorable to the employee, the employee will be upgraded in the higher classification, and her pay shall be retroactive to the pay period closest to the date upon which the appeal was filed provided that the employee is on the certified list and is reachable if such list exists. For good cause, the University Personnel Office may withhold implementation of a favorable desk audit if they believe there is no continued need for the employee to perform the responsibilities for which the position was upgraded. The employee and the immediate supervisor will be informed in writing by the University Personnel Office which tasks the employee need no longer perform. This action must take place within 10 working days of receipt of the audit/review by the Association. 5. If the classification questionnaire finds that the employee is not performing the duties of the desired classification, the employee may file an appeal pursuant to the provisions of the Merit System Law. 6. If the appeal is granted, the employee will be upgraded and paid in accordance with Section A.4 of this Article. B. The Association may assist the appellant at any step of the appeal. C. Any appeal hearing conducted during the work day shall not result in the loss of pay for any employee who has filed an appeal or for any Association representatives assisting the appellant.

Reclassification Appeals. A. During An employee, either denied reclassification or whose request for reclassification initiation is rejected two consecutive times by the term of this Agreement, any employee who believes her responsibilities more closely resemble the job description of another classified position rather than the one assigned; or any employee asked to perform responsibilities out of classificationInitiator, may forward an appeal for reclassification to that position in of the following manner: 1. Make a request in writing for a desk audit to the Personnel Office at the University. The employee shall be furnished with a classification questionnaire within five (5) working days of said requestdetermination as follows. 2. a. Within thirty (30) working calendar days of written notification of the university’s reclassification determination, the incumbent (Appellant) or the Initiator on behalf of the Appellant, may file a written appeal to the University Classification Appeal Committee (UCAC). The appeal must set out the basis for the appeal and the facts in support of the appeal. – or – Within fifteen (15) calendar days of written notification to the position’s incumbent, of the Initiator’s second rejection of a reclassification request, the Appellant may file a written appeal to the UCAC. The appeal must set out all facts in support of the appeal with requisite detail to enable a credible review of the record. The UCAC is comprised of the Chief Human Resources Officer as chair and two other Vice Presidents; one selected by the Appellant and one selected by the Chief Human Resources Officer. The Initiator may not serve on the UCAC. b. The UCAC shall convene, review the written appeal and upon either a specific request of the Initiator, or the Appellant or at its discretion, shall hold a hearing wherein the evidence is tested and the appealed decision reexamined. The UCAC shall issue a written response to the Appellant, with rationale for its determination to either uphold the original decision(s) or modify same, in accordance with governing policy and its findings of fact. This response will issue within thirty (30) days of the hearing or forty-five (45) days of the UCAC’s receipt of the completed questionnairewritten appeal, whichever is later. This decision by the employee’s immediate supervisor UCAC shall be final and appointing authority shall forward said questionnaire to the State Office of Personnel Administration binding. c. The basis for study, and notify the employee and the Association when submitted. Appropriate University officials shall document whether the employee’s statements are true and accurate, and whether they believe the employee is performing the work an appeal of a different classificationreclassification decision shall be limited to: (1) The position has not been accurately described and therefore a reasonable evaluation could not be accurately completed. 3. Within ninety (902) working days after receipt of said questionnaire, the Office of personnel Administration shall conduct a classification review and issue a written decision addressing the merits The evaluation of the employee’s claim and will set forth specific reasons position was conducted inaccurately. The standard of review is whether there was a reasonable basis for its findingsthe classification of the appealed position. A copy There need not be a reevaluation of this report will be forwarded to the employee, position by the Association and the UniversityUCAC. 4. If d. The basis for an employee is reallocated from appeal of a standard to rejection of a non-standard job classification, any overtime earned during reclassification request may only be that the retroactive period shall be an overpayment to the employee subject to repayment to the State. If the desk audit is favorable to the employee, the employee will be upgraded in the higher classification, determination was arbitrary and her pay shall be retroactive to the pay period closest to the date upon which the appeal was filed provided capricious and that the employee is on was actually required to continuously work outside the certified list and is reachable if such list exists. For good cause, scope of the University Personnel Office may withhold implementation of a favorable desk audit if they believe there is no continued need for the employee to perform the responsibilities for which the position was upgradedclassified position. The employee and burden of proof rests with the immediate supervisor employee. A successful appeal will be informed result in writing by the University Personnel Office which tasks the employee need no longer perform. This action must take place within 10 working days of receipt of the audit/review by the Associationa reclassification review. 5. If the classification questionnaire finds that the employee is not performing the duties of the desired classification, the employee may file an appeal pursuant to the provisions of the Merit System Law. 6. If the appeal is granted, the employee will be upgraded and paid e. All salary actions are held in accordance with Section A.4 of this Article. B. The Association may assist the appellant at any step suspense pending resolution of the appeal. C. Any . Effective dates of any compensation adjustment are as described above. An unsuccessful appeal hearing conducted during the work day shall not will result in a disqualification of the loss Appellant’s right to request reclassification review for two years from date of pay for any employee who has filed an appeal or for any Association representatives assisting the appellantUCAC finding.

Reclassification Appeals. A. During the term of this Agreement, any employee who believes his/her responsibilities more closely resemble the job description of another classified position rather than the one assigned; or any employee asked to perform responsibilities out of classification, may appeal for reclassification to that position in the following manner: 1. Make a request in writing for a desk audit to the Personnel Office at the University. The employee shall be furnished with a classification questionnaire within five (5) working days of said request. 2. Within thirty (30) working days of receipt of the completed questionnaire, the employee’s immediate supervisor and appointing authority shall forward said questionnaire to the State Office of Personnel Administration for study, and notify the employee and the Association when submitted. Appropriate University officials shall document whether the employee’s statements are true and accurate, and whether they believe the employee is performing the work of a different classification. 3. Within ninety (90) working days after receipt of said questionnaire, the Office of personnel Administration shall conduct a classification review and issue a written decision addressing the merits of the employee’s claim and will set forth specific reasons for its findings. A copy of this report will be forwarded to the employee, the Association and the University. 4. If an employee is reallocated from a standard to a non-standard job classification, any overtime earned during the retroactive period shall be an overpayment to the employee subject to repayment to the State. If the desk audit is favorable to the employee, the employee will be upgraded in the higher classification, and his/her pay shall be retroactive to the pay period closest to the date upon which the appeal was filed provided that the employee is on the certified list and is reachable if such list exists. For good cause, the University Personnel Office may withhold implementation of a favorable desk audit if they believe there is no continued need for the employee to perform the responsibilities for which the position was upgraded. The employee and the immediate supervisor will be informed in writing by the University Personnel Office which tasks the employee need no longer perform. This action must take place within 10 working days of receipt of the audit/review by the Association. 5. If the classification questionnaire finds that the employee is not performing the duties of the desired classification, the employee may file an appeal pursuant to the provisions of the Merit System Law. 6. If the appeal is granted, the employee will be upgraded and paid in accordance with Section A.4 of this Article. B. The Association may assist the appellant at any step of the appeal. C. Any appeal hearing conducted during the work day shall not result in the loss of pay for any employee who has filed an appeal or for any Association representatives assisting the appellant.