Common use of Working Out of Class Clause in Contracts

Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. If the employee or the Union is not satisfied with the decision of the Agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s receipt of the Agency director or designee’s decision. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, shall direct the Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration in writing within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule an arbitrator to determine if an employee was performing the duties contained in a classification other than the employee’s current classification and for what period of time. 2. Present at the hearing shall be a Union representative and a Management representative who will present their arguments to the arbitrator. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator shall be borne equally by the parties. The decision of the arbitrator shall be final and binding.

Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s 's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s 's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. If the employee or the Union is not satisfied with the decision of the Agency agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s 's receipt of the Agency director or designee’s agency director's decision. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall direct the Agency agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration arbitration, in writing writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule an arbitrator a hearing officer to determine if an employee was performing the duties contained in a classification other than the employee’s 's current classification and for what period of time. 2. Present at the hearing shall be a Union union representative and a Management management representative who will present their arguments to the arbitratorhearing officer. The arbitrator hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator hearing officer shall be borne equally by the parties. The decision of the arbitrator hearing officer shall be final and binding.

Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the Agency designee determines that the grievant is performing duties not contained in his/her classification, the Agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the Agency designee determines that the duties outlined in the grievance are being performed by the grievant, the Agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee’s current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. If the employee or the Union is not satisfied with the decision of the Agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s receipt of the Agency director or designeedirector’s decision. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall direct the Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration arbitration, in writing writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule an arbitrator a hearing officer to determine if an employee was performing the duties contained in a classification other than the employee’s current classification and for what period of time. 2. Present at the hearing shall be a Union representative and a Management management representative who will present their arguments to the arbitratorhearing officer. The arbitrator hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator hearing officer shall be borne equally by the parties. The decision of the arbitrator hearing officer shall be final and binding.

Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the Agency designee determines that the grievant is performing duties not contained in his/her classification, the Agency designee will direct the appropriate Management representative to immediately iensure that the grievant stops performing those particular duties. No meeting shall be held. If the Agency designee determines that the duties outlined in the grievance are being performed by the grievant, the Agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee’s current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. If the employee or the Union is not satisfied with the decision of the Agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s receipt of the Agency director director’s or designee’s decision. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, shall direct the Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration in writing within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule a hearing officer an arbitrator to determine if an employee was performing the duties contained in a classification other than the employee’s current classification and for what period of time. 2. Present at the hearing shall be a Union representative and a Management representative who will present their arguments to the hearing officer arbitrator. The hearing officer arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the hearing officer arbitrator shall be borne equally by the parties. The decision of the hearing officer arbitrator shall be final and binding.

Working Out of Class. The language in this Article continues unchanged from the previous Agreement. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s 's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s 's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. If the employee or the Union is not satisfied with the decision of the Agency agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s 's receipt of the Agency director or designee’s agency director's decision. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall direct the Agency agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration arbitration, in writing writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule an arbitrator a hearing officer to determine if an employee was performing the duties contained in a classification other than the employee’s 's current classification and for what period of time. 2. Present at the hearing shall be a Union union representative and a Management management representative who will present their arguments to the arbitratorhearing officer. The arbitrator hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator hearing officer shall be borne equally by the parties. The decision of the arbitrator hearing officer shall be final and binding.

Working Out of Class. A. New employees SECTION 1 The top three scoring firefighters on the most recent promotional examination shall be provided a copy of their position descriptionassigned, one each, to the three platoons as designated by the Fire Chief. When position descriptions are changed, employees These firefighters shall be furnished a copy and shall be allowed to comment and propose changesdesignated as the Acting Fire Lieutenant of each respective unit. B. If SECTION 2 In the event that any of the top three scoring firefighters refuses to take the position as an employee believes that he/she has been assigned duties substantially beyond Acting Lieutenant, his name will be placed on the scope bottom of his/her the current classification, and promotional list. SECTION 3 In the assigned duties have been performed for more than four (4) working days, then absence of the employee may file a grievance with the Agency designee. The grievance must state specifically the different duties performedregularly promoted Lieutenant, the higher classification that contains those Acting Lieutenant will accept responsibilities, duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the duties are determined to be those contained in a classification with a higher pay range than that compensation of the employee’s current classification, regularly promoted Lieutenant. SECTION 4 In the monetary award will be approximately four percent (4%). If event that the higher level duties are of a permanent nature firefighter designated as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more Acting Lieutenant of the time than that of the employee’s current classification: 1) the Director unit is absent or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned placed on the engine company due to staffing difficulties, the Captain shall designate the firefighter who will temporarily assume the position of Acting Lieutenant. SECTION 5 Any Acting Lieutenant vacancies shall be filled by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with next highest scoring firefighter on the Unionmost recent Lieutenant’s promotional examination. C. If SECTION 6 In the employee or the Union is not satisfied with the decision absence of the Agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days regularly promoted Captain of the employee’s receipt unit, the Lieutenant assigned to that unit shall accept the duties, responsibilities and compensation as acting Captain. SECTION 7 During time periods so designated by the Fire Chief, the Fire Chief may designate the highest ranking officer on duty to assume the duties, responsibilities, and compensation as the Acting Fire Chief. SECTION 8 An Acting Fire Chief shall be compensated at the regular hourly rate of the Agency director or designee’s decision. 1Fire SECTION 9 Acting Fire Officer positions shall be filled only by successive ranks. After receipt of such grievance, the Deputy Director SECTION 10 Any employee of the Office Division of Collective Bargaining, Fire who is required or designee, shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that assigned to accept the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, shall direct the Agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration in writing within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule an arbitrator to determine if an employee was performing the duties contained in a classification other than the employee’s current classification and for what period of time. 2. Present at the hearing shall be a Union representative and a Management representative who will present their arguments to the arbitrator. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working responsibilities must carry out of classification and for what period of time. 3. If the arbitrator determines the duties of the a position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator shall be borne equally by the parties. The decision of the arbitrator shall be final and binding.or rank above that which he

Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee wi ll issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s 's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s 's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. If the employee or the Union is not satisfied with the decision of the Agency agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s 's receipt of the Agency director or designee’s agency director's decision. 1. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall investigate and issue a decision within thirty (30) calendar days. 2. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall direct the Agency agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration arbitration, in writing writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. The parties shall schedule an arbitrator a hearing officer to determine if an employee was performing the duties contained in a classification other than the employee’s 's current classification and for what period of time. 2. Present at the hearing shall be a Union union representative and a Management management representative who will present their arguments to the arbitratorhearing officer. The arbitrator hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator hearing officer shall be borne equally by the parties. The decision of the arbitrator hearing officer shall be final and binding.

Working Out of Class. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy and shall be allowed to comment and propose changes. B. If an employee believes that he/she has been assigned duties substantially beyond the scope of his/her current classification, and the assigned duties have been performed for more than four (4) working days, then the employee may file a grievance with the Agency agency designee. The grievance must state specifically the different duties performed, the higher classification that contains those duties and how those duties differ substantially from the ones normally assigned to the employee. The Agency agency designee will review the grievance filed, conduct an investigation if necessary, and issue a written decision, within fifteen (15) calendar days. If the agency designee determines that the grievant is performing duties not contained in his/her classification, the agency designee will direct the appropriate management representative to immediately insure that the grievant stops performing those particular duties. No meeting shall be held. If the agency designee determines that the duties outlined in the grievance are being performed by the grievant, the agency designee will issue an award of monetary relief. If the duties are determined to be those contained in a classification with a lower pay range than that of the employee's current classification, then no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s 's current classification, the monetary award will be approximately four percent (4%). If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive prior to the date giving rise to the original grievance. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. C. A. If the employee or the Union is not satisfied with the decision of the Agency agency director, or designee, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within ten (10) calendar days of the employee’s 's receipt of the Agency director or designee’s agency director's decision. 1. B. After receipt of such grievance, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall investigate and issue a decision within thirty (30) calendar days. 2. C. If it is determined that the grievant is performing duties not contained within his/her classification, the Deputy Director of the Office of Collective Bargaining, or designee, Bargaining shall direct the Agency agency to immediately discontinue such assigned duties. The determination of a monetary award shall be in accordance with Section B above. D. If the Union is not satisfied with the decision of the Office of Collective Bargaining, the grievance may be appealed to arbitration arbitration, in writing writing, within fifteen (15) days of the Office of Collective Bargaining answer or date it was due. 1. E. The parties shall schedule an arbitrator a hearing officer to determine if an employee was performing the duties contained in a classification other which carries a higher pay range than the employee’s 's current classification and for what period of time. 2. Present at the hearing shall be a Union union representative and a Management management representative who will present their arguments to the arbitratorhearing officer. The arbitrator hearing officer will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. 3. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. 4. The parties may mutually agree to reclassify the employee to a lower classification. The expenses of the arbitrator hearing officer shall be borne equally by the parties. The decision of the arbitrator hearing officer shall be final and binding.