AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 21 - REORGANIZATIONS AND CLASSIFICATION CHANGES
ARTICLE 21. REORGANIZATIONS AND CLASSIFICATION CHANGES
Reorganizations. The Employer may reorganize work processes and procedures to achieve efficiency in business operations. To the extent that individual employee work assignments are affected, the following will apply:
Reassignment of duties among employees in the same classification in a work unit may occur without triggering competitive bid or other recruitment.
When a department or work unit reallocates existing work among existing positions in the department or work unit, resulting in different schedules or days off, the job bid process shall be used.
Changes in work schedules are considered a reorganization under this section, thereby requiring utilization of the job bid, only when (1) the changes affect employees’ shift differential or days off, and (2) the changes affect a minimum of three (3) employees and at least 15% of the represented employees in the work unit. If these criteria are not met, then the change in work schedule will be subject to the provisions of Section 7.2.7.
A reorganization of work that significantly alters the position into which the employee was placed, or a redistribution of work that results in the introduction of a different job classification, shall be deemed to create a vacancy for which a job bid and/or other recruitment is warranted as set forth in Article 18.
Classification and Reclassification Procedure. The following procedure shall apply for new classifications or reclassifications:
An employee desiring a new classification or proposed reclassification must submit his or her request to the employee’s manager with the appropriate documentation (including reclassification request form, old and new position descriptions, and updated resume/application). The manager must respond to the employee in writing within thirty (30) days following submission of the request.
If the manager denies the request, then the employee may appeal the manager’s decision to the Compensation Division of the Human Resources Department (“HR Compensation”) within thirty (30) days of the denial. If the manager approves the request, then the manager must submit the proposed classification or reclassification request to HR Compensation within thirty (30) days of the approval. In either case, the submission must be accompanied by the appropriate documentation referenced above.
HR Compensation shall respond in writing to the employee and the manager within thirty (30) days after receipt of the request.
If the employee wishes to appeal the decision of HR Compensation, the employee must file a grievance pursuant to Section 24.1.4.a within fourteen (14) days following receipt of the response from HR Compensation.
If reclassification is found appropriate, it shall be deemed effective on the pay period immediately following receipt of the request in Human Resources. In such instance, the employee does not retain his/her old salary increase date and will be eligible for salary increase the first day of the pay period immediately following twenty-six (26) payroll periods in the new class.
Implementation of new classifications or major revisions of existing classifications. Prior to implementation by the Employer of a new classification or major revisions of an existing classification, the parties will negotiate rates of pay, effective date and method of implementation.
Upward Reclassification. A regular employee whose position is reclassified upward and who meets the minimum qualifications for the newly reclassified position shall continue in the newly reclassified position as a regular employee. When a position is reclassified upward and the incumbent does not have regular status, or does not meet the minimum qualifications of the newly reclassified position, the position will be filled competitively.
Downward and Lateral Reclassification. When a position is reclassified to another class at the same pay level or to a class that carries a lower salary range, the incumbent probationary or regular employee shall be accorded corresponding status in the new class.
Notice of downward reclassification. The Employer shall notify an employee in writing of a downward reclassification of the employee’s position, and the specific reason for doing so, at least thirty (30) days prior to the effective date. If the employee is being reclassified to a classification at a lower pay level, the employee shall have the option of exercising layoff rights in his or her current classification with all the rights that apply, including accepting a vacant position and/or displacing per Article 19 of this Agreement.
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