Job Audits and Appeal Clause Samples

The "Job Audits and Appeal" clause establishes a process for reviewing and evaluating the classification or duties of a particular job position within an organization. Typically, this clause outlines the steps an employee or management can take to request a formal audit of a job's responsibilities, and provides a mechanism for appealing the results if there is disagreement with the outcome. For example, if an employee believes their role has evolved beyond its current classification, they may initiate an audit, and if dissatisfied with the findings, pursue an appeal through designated channels. The core function of this clause is to ensure fairness and transparency in job classification, allowing for corrections when job duties change or are misclassified, and providing a structured way to resolve disputes.
Job Audits and Appeal. A. New employees shall be provided a copy of their position description. When position descriptions are changed, employees shall be furnished a copy. Any employee may request a copy of his/her current position description. 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 five (5) consecutive work 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 classification of the employee. Filing a grievance under this Article bars an employee from filing a subsequent grievance regarding job duties for one calendar year from the date of signing the grievance if his position control number has not changed. 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. The amount of the monetary award shall be the difference between the grievant's regular hourly rate of pay and the hourly rate of pay (at the applicable step) of the higher classification. In no event shall the monetary award be retroactive to a date earlier than five (5) calendar days prior to the date of the original grievance and will end on the date of the award. C. If the union is not satisfied with the decision of the agency director, they may appeal the decision to the Office of Collective Bargaining. This appeal must be filed within five (5) calendar days of the employee's receipt of the agency director's decision. D. After receipt of such grievance, the Director of the Office of Collective Bargaining shall investigate and issue a decision within thirty (30) calendar days. E. If it is determined that the grievant is performing duties not contained within his/her classification, the Director...
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