Common use of Working Out of Classification Clause in Contracts

Working Out of Classification. Bargaining unit employees are considered to be working ‘out-of-class’ when they are assigned by the University to perform the duties of a job specification that pays a higher job rate than the employee’s current job. A bargaining unit employee that is deemed by the University to be working ‘out-of-class’ in a bargaining unit position shall be paid the job rate of the higher classification assigned. If the University, in its sole discretion, assigns a bargaining unit employee to work in a supervisory position, the most qualified employee in the work unit will be assigned the work. The employee will be paid an additional ten percent (10.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work or is assigned work in a job specification that pays a higher job rate than the member’s current job, the employee will receive out-of-class pay for all time worked in that higher capacity. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work out-of-class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘out-of-class’ if he/she meets any one of the criteria below: • The ‘out-of-class’ duties were not assigned by the University and the employee voluntarily requested the work or assumed the duties. • The employee is performing the prescribed duties while on a training assignment, in an apprenticeship or other training classification, or is performing duties different from regular duties due to an injury, an illness, or participation in transitional duty. If an employee is temporarily assigned to a lower job classification, the employee shall continue to receive the employee's regular rate of pay during such assignment, except that this provision does not cover an employee who is demoted by the University.

Working Out of Classification. Bargaining unit employees are considered The City and the Union agree that it is the intent of departmental management to be avoid working ‘out-of-class’ when they are assigned by an employee out of classification. It is further agreed that working an employee out of classification will occur only to meet the University to perform work requirements within the duties City and that such out of a job specification that pays a higher job rate than classification work will terminate after fifteen (15) consecutive work days or thirty (30) work days in any one calendar year, or if extended beyond fifteen (15) consecutive or thirty (30) work days, the employee’s current job. A bargaining unit employee that is deemed by the University to be working ‘out-of-class’ in a bargaining unit position shall be paid compensated at the job rate of the higher classification assigned. If while the University, in its sole discretion, assigns a bargaining unit out of classification work continues subject to right of employee to work waive this provision based upon personal career development. For purposes of this article, an out of classification assignment is defined as assignment by the Department Head or designee of the full-time performance of the significant duties of an authorized, funded, regular full- time position in one or more higher classification(s) by an employee in a supervisory position in another classification. "Significant duties" shall be as defined on the appropriate class specification. When an employee works out of classification continuously for fifteen (15) working days or more, the City shall place a letter in the employee's personnel file acknowledging the out of classification work. It is the intent of this article to compensate employees for assigned out of class work extended beyond fifteen (15) consecutive or thirty (30) work days in any one calendar year. Effective February 1, 2014, Water Resources Division Operators in Training (OIT’s) who meet the minimum qualifications of (entry/journey level) an operator position, the most qualified employee in the work unit (certification/experience) and who are assigned to perform full (entry/journey) level duties of that position, will be assigned the work. The employee will be paid an additional ten percent eligible for acting pay (10.0%working out of class pay) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work or is assigned work in a job specification that pays a higher job rate than the member’s current job, the employee will receive out-of-class pay for all time worked in that higher capacity. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work out-of-class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘out-of-class’ if he/she meets any one of the criteria below: • The ‘out-of-class’ duties were not assigned by the University and the employee voluntarily requested the work or assumed the duties. • The employee is performing the prescribed duties while on a training assignment, in an apprenticeship or other training classification, or is performing duties different from regular duties due to an injury, an illness, or participation in transitional dutyunder this provision. If an employee believes he/she is temporarily assigned to working out of classification on a lower job classificationregular on-going basis, the employee may: a. Request a reclassification from his/her manager in writing. The manager shall continue respond in writing within ten (10) working days of receipt of the request. The manager may recommend that a classification review be conducted by submitting a written request, approved by the Department Head, to receive Human Resources. b. If the employee is not satisfied with the manager's response, he/she may submit a written reclassification request to his/her Department Head or designee within ten (10) working days of receiving his/her manager's written response. Within twenty (20) working days of receipt of the employee's regular rate written request, the Department Head or designee shall meet with the employee and issue a written response to the employee and the Human Resources Office. c. If the Department Head's response so requests that a classification review be conducted, Human Resources shall conduct said classification review and shall issue its decision to the employee and the Department Head within forty-five (45) working days of pay during such assignment, except that this provision does not cover an employee who is demoted by receipt of the Universityrequest.

Working Out of Classification. Bargaining unit employees are considered to be working ‘out-of-class’ 14.01 An employee shall receive a pay increase for each hour when they are assigned by the University to perform the duties he works in a Firefighter in charge of a job specification that pays a higher job rate than the employee’s current jobRescue, Driver Engineer, Fire Lieutenant or Battalion Chief position. A bargaining unit employee that Firefighter, who has completed six months of employment, and is deemed by a Florida State certified E.M.T. or paramedic, and receives the University recommendation of the Company Officer and approval of the shift Battalion Chief, may work out of class as a Firefighter in charge of rescue. For the Firefighters or Lieutenants working out of class as a Lieutenant or Battalion Chief, the increase will be to be working ‘out-of-class’ in a bargaining unit position shall be paid the job entry rate of the higher job classification assignedin which the employee is working, or eleven percent (11%), whichever is greater. If the University, Firefighters working out of class as Driver Engineer or Firefighter in its sole discretion, assigns a bargaining unit employee charge of Rescue will be compensated at an hourly rate equivalent to work in a supervisory position, the most qualified employee their current step in the work unit will be assigned the workapplicable Driver Engineer schedule. The employee will be paid an additional ten percent (10.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work Chief or is assigned work in a job specification that pays a higher job rate than the member’s current jobdesignee shall, the employee will receive specifically, assign out-of-class pay for all time worked work in that higher capacityeach individual case. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work Employees may not authorize out-of-class unless it determines, in its sole discretion, that it will assign that workwork for themselves. A bargaining unit employee is not considered to be working ‘Working out-of-class’ class will not provide any automatic job rights to the position should it become vacant. Additional compensation will be only for actual hours worked and will be paid on a pay period basis. 14.02 Acting lieutenant assignments described in this Article will be made from the classification's current promotional register if he/she meets any one of exists. However, no shift re-assignments will be requested or made if personnel on a particular shift are not on the criteria below: • The ‘applicable register. 14.03 At no time will an employee be paid less than his regular rate for working out-of-class’ duties were not classification. 14.04 Bargaining Unit employees, except Paramedics, who are scheduled to ride on Xxxxxxx County ambulances to facilitate any ALS Partnership Program shall receive an 11% working out of classification increase for each shift that they are assigned by to the University ambulance position. Battalion Chiefs and the employee voluntarily requested the work or assumed the dutiesFire Lieutenants will be responsible for developing a rotation of eligible Bargaining Unit employees who wish to participate. • The employee is performing the prescribed duties while on a training assignment, Assigning each of these Bargaining Unit employees working out of classification shall be done in an apprenticeship equitable manner. Bargaining Unit employees who do not wish to participate will not be forced to participate. Bargaining Unit employees who wish to participate or other training classification, or discontinue participation shall notify their Battalion Chief in writing. Each participant is performing duties different from regular duties due expected to an injury, an illness, or participation in transitional duty. If an employee is temporarily conform to the daily schedules and guidelines of Xxxxxxx County Emergency Medical Services while they are assigned to a lower job classification, the employee shall continue to receive the employee's regular rate of pay during such assignment, except that this provision does not cover an employee who is demoted by the UniversityCCEMS ambulances.

Working Out of Classification. Bargaining unit employees are considered to be working ‘out-of-class’ when they are assigned by the University to perform the duties of a job specification that pays a higher job rate than the employee’s current job. A bargaining unit employee that is deemed by the University to be working ‘out-of-class’ in a bargaining unit position shall be paid the job rate of the higher classification assigned. If the University, in its sole discretion, assigns a bargaining unit employee to work in a supervisory position, the University shall assign that work to the employee in that supervisor’s area that has a “Lead” classification. That employee will be paid an additional five percent (5.0%) for those hours performing work in the supervisory position. If there is no “Lead” classification available in that supervisor’s area (due to the supervisor’s area not having a “Lead” classification, or the “Lead” being off work or not desiring to take on the additional responsibilities) or if there are multiple “Lead” classifications in an area, the most qualified employee in the work unit will be assigned the work. The If an employee in a non-“Lead” classification is assigned the work, that employee will be paid the “Lead” rate of their classification. If there is no “Lead” in the classification, the employee will be paid an additional ten five percent (10.05.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory or “Lead” work or is assigned work in a job specification that pays a higher job rate than the member’s current job, the employee will receive out-out- of-class pay for all time worked in that higher capacity. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work out-of-class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘out-of-class’ if he/she meets any one of the criteria below: • The ‘out-of-class’ duties were not assigned by the University and the employee voluntarily requested the work or assumed the duties. • The employee is performing the prescribed duties while on a training assignment, in an apprenticeship or other training classification, or is performing duties different from regular duties due to an injury, an illness, or participation in transitional duty. If an employee is temporarily assigned to a lower job classification, the employee shall continue to receive the employee's regular rate of pay during such assignment, except that this provision does not cover an employee who is demoted by the University.

Working Out of Classification. Bargaining unit employees 15.1 Employees are considered eligible to be working ‘out-of-class’ receive out of class differential pay as described below. a. Working out of classification is defined as occurring when they are assigned by the University an employee is assigned, for a minimum of a full work shift, to perform duties unique to a higher classification which constitute the higher duties of a job specification that pays a higher job rate classification. b. The City retains the right to determine when it is practical and efficient to assign employees to perform out of class work. Nothing in this Article shall be interpreted as a guarantee that an employee shall be assigned to work out of classification in the absence of another employee. c. Employees assigned to work out of classification shall be compensated as follows: (1) For hours worked out of classification in bargaining unit classifications, at either five percent (5%) above the current base salary or at the step closest to but not less than that amount in the salary range of the higher classification, whichever is greater; (2) For hours worked out of classification in management classifications, at seven and on half percent (7.5%) above the current base salary or at the starting salary of the management salary range, whichever is greater. In no case may an employee working out of classification earn more in a payroll period than the monthly pay that would be earned if the employee were regularly appointed to work in the higher classification. d. If an employee believes he/she has been working out of classification for a temporary assignment of three (3) or more workdays, the employee may make a written request for working out of classification pay to their supervisor. The supervisor is required to consult with the Human Resources Director after receiving such a request. If the employee does not receive an answer within ten (10) City business days of presenting their request to their supervisor, the employee may request that the Human Resources Director review the request. The request for Human Resources to review the request must be made within ten (10) City business days from when the supervisor responded to the request. The Human Resources Director will make a decision within ten (10) City business days of the employee’s current jobrequest for review. A bargaining unit employee that is deemed by Should the University to be working ‘out-of-class’ in a bargaining unit position shall be paid Human Resources Director deny the job rate of the higher classification assigned. If the University, in its sole discretion, assigns a bargaining unit employee to work in a supervisory position, the most qualified employee in the work unit will be assigned the work. The employee will be paid an additional ten percent (10.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work or is assigned work in a job specification that pays a higher job rate than the memberemployee’s current jobrequest, the employee will receive out-of-class pay for all time worked in that higher capacity. However, the parties understand that there are no requirements that the University assign may initiate a bargaining unit member to work out-of-class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘out-of-class’ if he/she meets any one grievance at Step 3 of the criteria below: • The ‘out-of-class’ duties were not assigned grievance procedure by submitting the University and grievance to the employee voluntarily requested City Manager within seven (7) City business days from the work or assumed the duties. • The employee is performing the prescribed duties while on a training assignment, in an apprenticeship or other training classification, or is performing duties different from regular duties due to an injury, an illness, or participation in transitional duty. If an employee is temporarily assigned to a lower job classification, the employee shall continue to receive the employee's regular rate of pay during such assignment, except that this provision does not cover an employee who is demoted by the UniversityHuman Resources Director’s denial.

Working Out of Classification. Bargaining unit employees are considered An employee temporarily assigned to be working ‘out-of-class’ when they are assigned by the University to perform the duties of a job specification that pays a higher job rate position classification in an equal or lower pay grade than the employee’s current job. A bargaining unit employee that is deemed by the University to be working ‘out-of-class’ in a bargaining unit his/her permanent position classification shall be paid the job rate of the higher his/her permanent position classification assignedrate. If the University, in its sole discretion, assigns a bargaining unit employee to work in a supervisory position, the most qualified employee in the work unit will be assigned the work. The employee will be paid an additional ten percent (10.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work or is assigned work in a job specification that pays a higher job rate than the member’s current job, the employee will receive out-of-class pay for all time worked in that higher capacity. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work out-of-class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘out-of-class’ if he/she meets any one of the criteria below: • The ‘out-of-class’ duties were not assigned by the University and the employee voluntarily requested the work or assumed the duties. • The employee is performing the prescribed duties while on a training assignment, in an apprenticeship or other training classification, or is performing duties different from regular duties due to an injury, an illness, or participation in transitional duty. If an employee is temporarily assigned to a lower job position classification having a higher pay grade than his/her permanent position classification, the employee shall continue to receive be paid the greater of either (1) the employee's regular current pay grade, or (2) the pay grade of the lowest paid employee occupying the higher classification, unless only one (1) employee occupies the higher classification, in which case option (2) shall be the entry level pay grade for the higher classification, provided further, that if such employee's current pay grade is higher than the entry level pay grade for the higher classification, option (2) shall be the first level of the pay grade for the higher classification that is higher than the employee's current rate of pay during pay. Employees who work out of classification in a position that is "exempt" from the overtime provisions of the FLSA shall not receive overtime while working out of classification. In order to qualify for temporary assignment pay, the employee must work five (5) consecutive work days or more (except telecommunicators must work six (6) consecutive work days or more) in the higher level position classification. The use of any accrued time (i.e. vacation, sick, personal business, holidays) shall be at the employee's normal rate of pay. Except for training periods of five (5) days or less, the Employer agrees not to rotate temporary assignments within the bargaining unit for the purposes of avoiding temporary assignment pay. Sworn Officers on restricted duty status will be permitted to fill in for absent telecommunicators and/or office technicians in the Records Division or if a temporary vacancy arises in a telecommunicator or office technician position in the Records Division, provided that bargaining unit telecommunicators or office technicians in the Records Division are first offered overtime opportunities to fill such assignmentvacancy; further provided, except that this provision does not cover an employee who is demoted by the Universityamount of overtime such telecommunicators or office technicians in the Records Division may be permitted to work shall be subject to reasonable restrictions based upon concerns for the safety and welfare of such employees.

Working Out of Classification. Bargaining unit employees are considered to be working ‘out-of-class’ 14.01 An employee shall receive a pay increase for each hour when they are assigned by the University to perform the duties he works in a Firefighter in charge of a job specification that pays a higher job rate than the employee’s current jobRescue, Driver Engineer, Fire Lieutenant or Battalion Chief position. A bargaining unit employee that Firefighter, who has completed six months of employment, and is deemed by a Florida State certified E.M.T. or paramedic, and receives the University recommendation of the Company Officer and approval of the shift Battalion Chief, may work out of class as a Firefighter in charge of rescue. For the Firefighters or Lieutenants working out of class as a Lieutenant or Battalion Chief, the increase will be to be working ‘out-of-class’ in a bargaining unit position shall be paid the job entry rate of the higher job classification assignedin which the employee is working, or eleven percent (11%), whichever is greater. If the University, Firefighters working out of class as Driver Engineer or Firefighter in its sole discretion, assigns a bargaining unit employee charge of Rescue will be compensated at an hourly rate equivalent to work in a supervisory position, the most qualified employee their current step in the work unit will be assigned the workapplicable Driver Engineer schedule. The employee will be paid an additional ten percent (10.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work Chief or is assigned work in a job specification that pays a higher job rate than the member’s current jobdesignee shall, the employee will receive specifically, assign out-of-class pay for all time worked work in that higher capacityeach individual case. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work Employees may not authorize out-of-class unless it determines, in its sole discretion, that it will assign that workwork for themselves. A bargaining unit employee is not considered to be working ‘Working out-of-class’ class will not provide any automatic job rights to the position should it become vacant. Additional compensation will be only for actual hours worked and will be paid on a pay period basis. 14.02 Acting lieutenant assignments described in this Article will be made from the classification's current promotional register if he/she meets any one of exists. However, no shift re-assignments will be requested or made if personnel on a particular shift are not on the criteria below: • The ‘applicable register. 14.03 At no time will an employee be paid less than his regular rate for working out-of-class’ duties were not classification. 14.04 Bargaining Unit employees, except Paramedics, who are scheduled to ride on Collier County ambulances to facilitate any ALS Partnership Program shall receive an 11% working out of classification increase for each shift that they are assigned by to the University ambulance position. Battalion Chiefs and the employee voluntarily requested the work or assumed the dutiesFire Lieutenants will be responsible for developing a rotation of eligible Bargaining Unit employees who wish to participate. • The employee is performing the prescribed duties while on a training assignment, Assigning each of these Bargaining Unit employees working out of classification shall be done in an apprenticeship equitable manner. Bargaining Unit employees who do not wish to participate will not be forced to participate. Bargaining Unit employees who wish to participate or other training classification, or discontinue participation shall notify their Battalion Chief in writing. Each participant is performing duties different from regular duties due expected to an injury, an illness, or participation in transitional duty. If an employee is temporarily conform to the daily schedules and guidelines of Collier County Emergency Medical Services while they are assigned to a lower job classification, the employee shall continue to receive the employee's regular rate of pay during such assignment, except that this provision does not cover an employee who is demoted by the UniversityCCEMS ambulances.

Working Out of Classification. Bargaining unit employees (A) This process shall be utilized in lieu of the Civil Service Temporary Promotion process contained in Civil Service Rule 10, Section 10 (or as may be amended). (B) Employees who are considered to be working ‘out-of-class’ when they are temporarily assigned by the University to perform the duties of a job specification that pays higher classification, shall be placed at the salary step which gives them at least a higher job rate than 5% increase above the employee’s current jobrate of pay for each hour worked in the higher class per workday. A bargaining unit employee Employees that is deemed by the University to be working ‘out-of-class’ do not complete at least one hour per workday in a bargaining unit position working out of class assignment shall not be entitled to working out of class pay for that workday. (C) Working out of class assignments shall not exceed 6 pay periods without the express approval of the Department Director or designee. After 6 pay periods, the assignment shall be paid rotated among all other available employees in the job rate work unit. In order to extend an employee’s working out of the higher classification assigned. If the University, in its sole discretion, assigns a bargaining unit employee to work in a supervisory positionclass assignment past 6 pay periods, the most qualified employee Department must show that an operational hardship and/or serious inequity will result if the working out of class assignment is not extended. For example, the assignment may be extended past 6 pay periods if there are no other available employees in the work unit will to whom the assignment can be assigned the workrotated. The employee will be paid an additional ten percent (10.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory work or is assigned work in a job specification that pays a higher job rate than the member’s current jobUpon request, the employee will receive out-of-Department shall communicate the operational hardship and/or serious inequity to Central Human Resources. (D) Upon receiving notice that a working out of class assignment has exceeded 6 pay for all time worked in that higher capacity. Howeverperiods and the reason(s) outlined above are not met, Central Human Resources shall discontinue the parties understand that there are no requirements that the University assign a bargaining unit member to work out-of-working out of class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘out-of-class’ if he/she meets any one of the criteria below: • The ‘out-of-class’ duties were not assigned by the University assignment and the employee voluntarily requested shall be restored to their previous classification and previous rate of pay. (E) When an employee in the CODE Bargaining Unit is assigned to work out of class, the employee’s Division Head or assumed designee shall send an email to CODE (xxxxxxxxx@xxxxxxxxx.xxx) with the duties. • The employee is performing the prescribed duties while on a training assignmentemployee’s name, in an apprenticeship or other training current classification, or is performing duties different from regular duties due to an injuryposition into which they have been assigned, an illness, or participation in transitional duty. If an employee is temporarily assigned to a lower job classification, and starting and ending date of the employee shall continue to receive the employee's regular rate working out of pay during such class assignment, except that this provision does not cover an employee who is demoted by the University.

Working Out of Classification. Bargaining unit employees are considered to be working ‘'out-of-class’ ' when they are assigned by the University to perform the duties of a job specification that pays a higher job rate than the employee’s 's current job. A bargaining unit employee that is deemed by the University to be working ‘'out-of-class’ ' in a bargaining unit position shall be paid the job rate of the higher classification assigned. If the University, in its sole discretion, assigns a bargaining unit employee to work in a supervisory position, the University shall assign that work to the employee in that supervisor's area that has a "Lead" classification. That employee will be paid an additional five percent (5.0%) for those hours performing work in the supervisory position. If there is no "Lead" classification available in that supervisor's area (due to the supervisor's area not having a "Lead" classification, or the "Lead" being off work or not desiring to take on the additional responsibilities) or if there are multiple "Lead" classifications in an area, the most qualified employee in the work unit will be assigned the work. The If an employee in a non-"Lead" classification is assigned the work, that employee will be paid the "Lead" rate of their classification. If there is no "Lead" in the classification, the employee will be paid an additional ten five percent (10.05.0%) for those hours performing work in the supervisory position. If a bargaining unit member is assigned supervisory or "Lead" work or is assigned work in a job specification that pays a higher job rate than the member’s 's current job, the employee will receive out-of-outof- class pay for all time worked in that higher capacity. However, the parties understand that there are no requirements that the University assign a bargaining unit member to work out-of-class unless it determines, in its sole discretion, that it will assign that work. A bargaining unit employee is not considered to be working ‘'out-of-class’ ' if he/she meets any one of the criteria below: • The ‘'out-of-class’ ' duties were not assigned by the University and the employee voluntarily requested the work or assumed the duties. • The employee is performing the prescribed duties while on a training assignment, in an apprenticeship or other training classification, or is performing duties different from regular duties due to an injury, an illness, or participation in transitional duty. If an employee is temporarily assigned to a lower job classification, the employee shall continue to receive the employee's regular rate of pay during such assignment, except that this provision does not cover an employee who is demoted by the University.