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ARTICLE 6
CLASSIFICATIONS
6.1 Out-of-Classification Assignments
a.
If a department head or
designee requires an employee in writing to work in a higher classification for
more than 15 consecutive calendar days, the employee shall receive a pay
differential of 5% over his/her normal daily rate of the class to which he/she
is appointed for that period in excess of 15 calendar days. If a department head
or designee requires an employee in writing to work in a higher classification
for 30 consecutive calendar days or more, the employee shall receive a pay
differential of 5% over his/her normal daily rate of the class to which he/she
is appointed from the first day of the assignment. If the assignment to a higher
classification is not terminated before it exceeds 120 consecutive calendar
days, the employee shall be entitled to receive the difference between his/her
salary and the salary of the higher class at the same step the employee would
receive if the employee were to be promoted to that class, for that period in
excess of 120 consecutive calendar days. The 5% differential shall not be
considered as part of the base pay in computing the promotional step in the
higher class. In accordance with the provisions of this subsection, no employee
may be compensated for more than one (1) year of out-of-class work for any one
assignment.
b.
The State shall not rotate employees in and out of out-of-class assignments for
the sole purpose of avoiding payment of an out-of-class differential.
c.
It is not the State’s intent to select employees for out-of-class assignments
based on favoritism. Furthermore, whenever possible, the appointing power shall
choose employees for out-of-class appointment from the current hiring list for
the particular job classification for which the employee is to be hired on an
acting basis. If there is no appropriate current hiring list at the local
facility or office complex, the State shall assign the out-of-class duty
whenever possible only to those employees who are qualified to take the
examination for entry into that classification.
d.
If any dispute arises regarding out-of-class assignments and compensation, an
employee may file a grievance and the decision reached at Step 4 (DPA) of the
grievance procedure shall be final. Approved out-of-class grievances may be
compensated retroactively for a period no greater than one (1) year preceding
the filing of the grievance.
6.2 Classification Changes
a.
When the Department of
Personnel Administration (DPA) or another department seeks (1) to establish a
new classification and assigns it to Bargaining Unit 9, or (2) modifies an
existing Bargaining Unit 9 classification, DPA shall inform PECG of the proposal
during the preparatory stages of the proposals. PECG may request to meet with
DPA regarding these classification proposals. Such meetings shall be for the
purpose of informally discussing the classification proposal and for PECG to
provide input. Upon request, DPA shall furnish PECG with drafts of the proposed
classification specifications.
b.
The DPA shall notify and submit to PECG the final classification proposal at
least 20 work days prior to the date the SPB is scheduled to adopt it.
c.
If PECG requests in writing within 10 workdays of receipt of the notice, DPA
shall meet with PECG to discuss the final proposal. If PECG does not respond to
the notice, or if PECG does not meet with DPA within five (5) workdays from
their date of request, the classification proposal shall be deemed agreeable to
PECG and be placed on SPB’s consent calendar.
d.
The DPA shall meet and confer, if requested in writing by PECG, within ten (10)
working days from the date the SPB approved the classification change, regarding
the compensation of the classification. To the extent that a classification
change necessitates other change which falls within the scope of negotiations,
the State shall notify PECG and the parties shall bargain the impact upon
request by PECG.
6.3 Classification
Studies
Architect; Engineer,
Civil; Sanitary Engineer
The Department of Personnel
Administration (DPA), departments employing these classifications, and PECG agree to meet and confer regarding development
of deep classes within these classifications.
The parties will look at
the consolidation of the classifications as specified below:
Architectural Designer and Associate Architect into the Architect
classification.
Junior Civil Engineer,
Assistant Civil Engineer, and Associate Civil Engineer into the Engineer, Civil
classification.
Sanitary
Engineer range (A and B) and Associate Sanitary Engineer into the Sanitary
Engineer classification.
If changes to the class
specification are agreed upon, such changes will be done in accordance with the
provisions of Article 6.2 of the Unit 9 MOU.
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