Common use of Classification Upgrade Clause in Contracts

Classification Upgrade. Upon the recommendation of the administrator in charge of the location to which the employee is assigned, an employee's position will be reviewed by an administrative committee which will determine whether new and different duties have been added to the responsibilities of that position, such that their addition increases the employee's workload to a point that warrants that the position be upgraded. The decision of the administrative committee shall be final. No new request for an upgrade in the same position may be made until the administrator can document that they believe a clearly demonstrable alteration in the kind of duties associated with that position has been made, i.e., the position will not be reviewed if the kind of assignments remain the same. In accordance with Section 15 of the Public Employment Relations Act, MCL423.215, this agreement or specific provisions of this Agreement may be rejected, modified, or terminated by an emergency manager appointed under the Local Government and School District Fiscal Accountability Act, MCL141.1501 to 141.153. This clause is included in this Agreement as required by State law. The Association has not agreed to it, nor acknowledged that it is binding on the parties. The Association reserves all rights to challenge its application and enforceability.