1 Classification Appeals The link below will take you to the Non Management Classification Appeals page on the Government of Alberta website. This page has valuable information regarding the process and timelines. It is critical to keep to the timelines of the appeal. If you do not adhere to the timelines, the employer will believe you have abandoned the appeal. http://www.chr.alberta.ca/Practitioners/?file=directives/classify/non-­‐mgmt-­‐class-­‐
appeals&cf=5 Departmental Review Following submission of a classification review, Human Resources will forward a classification decision in writing to the appellant. If the appellant wishes to appeal the decision, they must request a Departmental Review. The individual must send an email or letter to the Executive Director of Human Resources, within five (5) working days of receiving the classification decision, requesting a DEPARTMENTAL REVIEW of the classification decision. The Departmental Review can take up to 20 working days from receipt of the request, and will result in a written decision to the employee unless an extension has been agreed to. The Departmental Review is between the employees/appellants and the Department's Classification Review Committee. The appellants should review the benchmarks that they believe fit the position better and form their arguments based on the point rating factors for those benchmarks. The benchmarks are listed here: http://www.chr.alberta.ca/Practitioners/?file=class/prep/benchmark-­‐
listings/titlepage&cf=4. The Benchmark Listing is alphabetical. For example, if you are in Local 001 in Administrative Support, click on “A” to pull up the Benchmarks, then click Administrative Support – Sub 001 to open the Benchmark listing. Click the Benchmark number (left column) in order to open the Benchmark Evaluation and to view the points assigned to the benchmark. To open up the job description, click on the benchmark number beside the subheading Job Description. These pieces of information are the benchmark comparators you will use to argue that the same knowledge and complexity/problem solving rating apply to the Position Under Appeal. Please also download the FAQ on Departmental Reviews/Appeals to answer your questions on this stage of the classification appeal process. If decision from Departmental Review is not satisfactory, your final appeal is to the Classification Appeal Board (CAB). You must submit a CAB I appellant form to start the formal appeal process. Download it here: http://www.chr.alberta.ca/directives/classify/cab-­‐i-­‐appellant.pdf 2 The Secretary of CAB will contact you after the form is submitted to set a date for the appeal. Appeals are usually heard within five to six weeks, depending on the Board’s availability. Executive Summary Two weeks prior to your Classification Appeal Board hearing date, you must submit an Executive Summary to the Secretary of the Board. The Executive Summary should be no longer than one page and should contain the following information: 1. Appellant(s)’s name(s) 2. Current classification and PREP rating 3. Requested classification and PREP rating 4. Employing department of the appellant(s) 5. Brief description of: a. role/purpose of the departments/division b. the position under appeal c. assigned duties d. the PREP factor(s) in dispute e. rationale supporting the higher PREP factor(s) and benchmark(s) Classification Appeal Brief You are also required to prepare Classification Appeal Briefs for the Classification Appeal Board hearing. The Executive Summary will be summarizing your brief, so it is best to have the brief mostly completed prior to writing the Executive Summary. The brief must be numbered consecutively, although it is split into seven sections. Start with page 1 and continue from there. The sections of your brief are: 1. Section 1 – Departmental Overview. Describe the department. Include organizational charts, and ensure that the organizational chart includes all classifications within the department. 2. Section 2 – History of the Position Under Appeal. Briefly describe the history of the position. This is not a section to reiterate the job description. The CAB is looking for a timeline of changes to responsibility or complexity that have been made over the history of the position. Refer to the position now as the Position Under Appeal (PUA). 3. Section 3 – Clarification of Position Duties. Provide a concise description of the duties of the position. 4. Section 4 – Analysis. Use the guide chart to describe how the PUA’s responsibilities meet the rating requested. Use the words in the benchmark position to describe the similarities. You can find the guide charts here: http://www.chr.alberta.ca/class/prep/guidecharts/prep-­‐guidecharts.pdf. 5. Section 5 – Benchmark Comparator. Compare the benchmarks to your position. You are only allowed to compare to a benchmark position (refer to the Departmental Review section above for how to access the benchmarks). 3 Use this opportunity to show how the benchmark supports the classification requested. Put the analysis in table format. Always compare to higher positions, and don’t do anything that will pull you down. 6. Section 6 – Summary and Conclusion. Summarize your argument, and tie everything together. 7. Section 7 – Appendix. Your supporting documents are here (i.e. job description, benchmark comparators, etc.). Remember, classification appeals have nothing to do with how well you do your job or how much work you do. This appeal is about the duties and responsibilities assigned to the appealed position and the knowledge and skills required to do the work. Also, it is important to remember that the process is not about you, it is about the position that you occupy. None of this is personal. The Classification Appeal Board will NOT consider any of the following: 1. Your qualifications. The only time the board will consider qualifications is in the case that a class has mandatory qualifications that you do not have. 2. Comparisons to positions other than those listed on the Alberta Government benchmark listing (linked above). 3. Altering the assignment of points of cross-­‐government benchmarks. 4. Compensation issues. 5. The classification of a position for which the appellant is not the incumbent, unless you were the incumbent when the appeal was filed. 6. Appeals concerning the plan itself (i.e. PREP). Appeal Hearings The Classification Appeal Board is a quasi-­‐judicial body, meaning that you present evidence to it. The rules governing the Classification Appeals Board are not contained in the Master Agreement, but are found in the Public Service Act. The decision of the Board is final and binding. This means that the decisions of the Board are neither grievable nor arbitral. The board consists of three members: the Board Chair, a nominee from the employer, and a nominee from the union. The nominee from the employer will not be from your department. The board members sit at the front of the room. Each side will have a spokesperson and an optional resource person. We recommend that you bring a resource person to the hearing. Your resource person can be a coworker, a Union representative, an in-­‐scope supervisor, or even a friend for moral support. If it is a group appeal, all members of the group may attend and be seated on the employee side of the table, however only one can be the spokesperson. The Secretary of the Appeal Board must be notified before the hearing which appellant will act as spokesperson. The diagram below shows how the parties will be seated at the table: 4 A Classification Appeals Board hearing usually follows this agenda: • Introductions • Presentations from both parties • Break (usually) • Rebuttal • Questions and answers (clarification) The Board Chair will make introductions and discuss the rules governing the hearing. Each side is allowed to speak during their presentation, but all questions should be saved for the end and all discussion should be directed through the Board Chair. You must provide copies of your brief for all members in attendance. The brief must be written and read by the spokesperson. Usually seven copies are enough. The employer should allow you to use their copy and other equipment to produce your brief. Make your presentation look as good and professional as possible. This is your last opportunity to appeal your classification, and a poorly put together brief will not help your cause. The employer will present their brief first. Take careful notes on what they are emphasizing. Take note of any questions the Board asks and what the answers are. This will come in useful for the rebuttal. 5 Next, you will then present your brief. If the Board asks you questions, or if the employer seeks clarification, take notes on what they are asking and answer their questions as clearly and professionally as possible. Once both sides have presented, there is usually a 15-­‐minute break to allow each side to prepare rebuttal arguments. Use this time to go over the employer’s brief, and your notes on the questions and answers. Your resource person can be invaluable now, as you have limited time to assemble your rebuttal arguments. Focus on where the employer brief is weak or does not accurately represent your position. Once the hearing resumes, the employer will present their rebuttal first. Again, keep track of what is being said so that you can respond during your rebuttal. At the end of the hearing the Board may ask questions or seek further clarification. Each side can make some closing remarks if they have them. The entire hearing should only last approximately 1.5 hours. You should receive notification of the result within a week or two. Remember that the decision of the Board is final and binding. AUPE will provide upon request: • Assistance editing your brief * • Copies of your brief (up to 7) including binding * • Assistance at our offices for preparation You are responsible for: • Submitting all forms (CAB I, Executive Summary) to the board in a timely fashion • Keeping track of all deadlines • Writing and editing your brief • Presenting your case to the Board The employer is responsible for: • Your time off without loss of pay to attend the hearing • Expenses you incur to attend the hearing Your employer may allow time to prepare the appeal brief at their expense. Arrange all these things with your employer before hand. If you have any problems, please contact your Membership Services Officer. * For more information on Classification Appeals, contact our Classification section.