Department Policy Number
080 005
Effective Date
Revised January 12, 2006
Revised May 1, 2004
Revised February 1, 2002
Purpose
This policy outlines the appeals process for AUPE staff members with respect to position classification.
Definitions
| Agreement | Athabasca University
and The Alberta Union of Provincial Employees, Local 069 Collective Agreement |
| Appeal | Request for a review of a decision
of the Human Resources Advisor |
| Appeal Committee | The Committee established by
this policy to hear appeals of decisions made by the Human Resources Advisor
for positions listed in Schedule B of the Agreement |
| Appellant | Employee defined by the Agreement
appealing the decision of the Human Resources Advisor |
| Associate Director, Human Resources |
The individual occupying the Associate Director, Human Resoruces position or Designate |
| President | President of Athabasca University |
| Respondent | Human Resources Advisor |
| Union | Alberta Union of Provincial
Employees (AUPE), Local 069 |
| University | Athabasca University Governing Council |
Policy
A decision of the Human Resources Advisor is subject to appeal by the incumbent of the position. The appeal process will be governed by the following procedures.
Regulation
| 1.0 | Membership |
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| 1.1 | Upon receipt of
the classification appeal by the Associate Director, Human Resources, a
three-member Appeal Committee is established within 20 working days. A Staff
Member cannot serve on the Appeal Committee if the appeal is for a position
in their work unit, or if there is any perceived conflict of interest as
determined by the Director, Human Resources. |
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| 1.2 | The Appeal Committee
shall consist of one union appointee, one university appointee, and the
Chair: |
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| 1.2.1 | The Union appoints five members
to a Union panel, who serve two-year terms and are eligible for reappointment.
These panel members serve on the Appeal Committee by nomination of the Union,
taking into consideration any conflicts as outlined in 1.1. |
||
| 1.2.2 | The Director, Human Resources
or designate appoints five members to a University panel, who serve two-year
terms and are eligible for reappointment. The panel members shall serve
on the Appeal Committee by nomination of the Director, Human Resources or
designate taking into consideration any conflicts as outlined in 1.1. |
||
| 1.2.3 | Within 10 working days of the
second person’s nomination described in 1.1.1 and 1.2.2, the University
and Union nominees select a third person as described in 1.2.4 to act as
a member and Chair of the Appeal Committee. |
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| 1.2.4 | The Chair shall be drawn from
an agreed to panel of Executive Officers and Managers, taking into consideration
any conflicts as outlined in 1.1. |
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| 1.2.5 | If agreement on a Chair cannot
be reached, the matter of selection of a Chair is referred to the President,
whose decision is final and binding. |
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| 1.2.6 | All Union and University appointees
(including the Chair) will participate in training/orientation activities
as determined by the Director, Human Resources. |
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| 1.3 | The Committee shall
attempt to reach consensus. The Chair shall be non-voting, except in the
case of a tie. |
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| 1.4 | The Associate Director,
Human Resources shall attend the hearing, will act as secretariat for the
Appeal Committee for the collection and distribution of materials, and provide
advice on the process. |
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| 2.0 | Any and all information
considered by the Appeal Committee and its agreed upon procedures, must
be seen and heard by the Appellant and the Respondent. |
||
| 3.0 | The Appeal Committee
may call upon records and files and interview such persons concerned as
it sees fit. |
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| 4.0 | The Appellant or
Respondent may have the assistance of another in preparing and presenting
the appeal or response to the Appeal Committee. |
||
| 5.0 | The time limits
in this policy may be extended by mutual agreement of the Union and the
University. Such agreement shall be made in writing and facilitated through
the Associate Director, Human Resources. |
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| 6.0 | The Appeal Committee
shall by majority vote determine any other procedures that may be necessary.
The Appeal Committee shall provide these procedures to all persons involved
in the appeal hearing. |
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| 7.0 | The Appellant may
initiate another request for classification review twelve (12) months after
the decision of the Appeal Committee in accordance with policy 080 001. |
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| 8.0 | Classification decisions
for newly established or vacant positions are not subject to appeal. |
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| 9.0 | The Appeal Committee shall only consider those factors that are in dispute. It must consider the position being classified, and shall not comment on the performance, skills, qualifications, or abilities of the incumbent. It cannot request the position description to be rewritten. Where possible, consensus should be reached on a classification decision. | ||
Procedure
| 1.0 | Initiation/Conclusion |
||
| 1.1 | An Employee not
satisfied with the results of a classification review by the Human Resources
Advisor may appeal by submitting a request in writing to the Associate Director,
Human Resources within fifteen (15) working days of formal notice in writing.
|
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| 1.2 | An Employee who
decides to withdraw their appeal must notify the Associate Director, Human
Resources in writing, who, in turn, will notify the Union in writing. |
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| 2.0 | Appeal Hearing |
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| 2.1 | Prior to the hearing,
the Appellant prepares and submits a written report to the Associate Director,
Human Resources presenting the basis for the appeal for those factors in
dispute, expected level, and a factor analysis from the Appellant’s
view. |
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| 2.2 | The Associate Director,
Human Resources distributes the Appellant’s written appeal and the
decision of the Human Resources Advisor to the Appeal Committee, and arranges
for the Appeal Committee hearing. |
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| 2.3 | The Appellant and
Respondent should each be prepared to make a presentation, respond to questions
from the Appeal Committee, and provide a rebuttal. |
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| 2.4 | The Chair may allow
other persons, including the Appellant’s supervisor, to be present
during the appeal proceedings. These persons shall not be entitled to participate
except when called as a witness. The Appellant and Respondent must inform
the Chair who will attend and/or who will be called as a witness at least
one week in advance of the appeal proceeding. |
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| 2.5 | The order of presentation
before the Appeal Committee is: |
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| a) | Appellant |
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| b) | Respondent |
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| c) | Rebuttal (same order). |
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| 2.6 | The Appellant presents
the basis for the appeal, expected level, and normally a factor analysis
from their viewpoint. |
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| 2.7 | The Respondent defends
the results of their decision. Defence is on the same basis as the decision:
changes from the previous position description, job evaluation and factor
analysis. |
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| 2.8 | Appeal Committee
members, the Appellant, and the Respondent may ask questions or request
clarification of any statement made. |
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| 2.9 | The Chair shall
have the authority to intervene in, or to end the questioning, at any point. |
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| 3.0 | Decision |
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| 3.1 | The Chair takes
notes during the appeal process and writes up the committee's decision.
The written decision of the Appeal Committee is final and binding. |
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| 3.2 | The Appeal Committee
must review all available information and reach a conclusion: |
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| a) | the results of the classification
review by the Human Resources Advisor were either correct or incorrect; |
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| b) | if the decision stands, the
Appeal Committee confirms the results of the classification review; |
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| c) | if the decision is overturned,
the Appeal Committee’s report must state, with supporting rationale,
that the Human Resources Advisor either: |
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|
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| 3.3 | The decision of
the Appeal Committee must be made on: |
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| a) | proper application of the system
|
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| b) | proper job analysis |
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| c) | actual content of the position
description (and not what was supposed to be there) |
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| d) | evaluation of the position duties
NOT the individual performing the duties |
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| e) | job today, not its potential.
|
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| 3.4 | Notwithstanding
any of the foregoing, the Appeal Committee may not create, delete, or alter
classes, or class specifications. |
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| 3.5 | The Appeal Committee’s
decision must be limited only to the position that is the subject of the
appeal: the information presented at the appeal hearing; and the information
the Human Resources Advisor had at the time of classification. The committee's
decision should be reached the day of the appeal hearing. |
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| 3.6 | The Appeal Committee
Chair is responsible for communicating its decision in writing to the Appellant,
the Appellant’s supervisor, the Respondent, and the Associate Director,
Human Resources within five (5) working days of the decision of the Appeal
Committee. The written decision must identify any change in point factors.
|
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| 3.7 | If the Appeal Committee overturns the decision of the Human Resources Advisor, the Human Resources Advisor adjusts the classification ratings and rates. The effective date of the decision, including any salary adjustment will be the first of the month the finalized position description was initially submitted to HR for review. | ||
Approved By
Executive Group, January 12, 2006
President, May 10, 2004
Amended Date/Motion No.
Related References, Policies and Procedures
080 001 – Position Descriptions and Classification Review
Applicable Legislation/Regulation
AUPE Agreement
Alberta Freedom of Information and Protection of Privacy Act
Public Service Employee Relations Act
Responsible Position/Department
This policy is maintained and administered by Human Resources. For further information, please contact the Associate Director, Human Resources. Contact information is available on the Human Resources web site at http://www.athabascau.ca//html/depts/staffrec/general.htm.
Keywords
Support Position Classification
Appeals
 |
K.
Zimmermann, Office of the President, January 2006
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