SECTION 260:25-5-51. Classification Disputes

(a)   An employee has the right and responsibility to file a classification grievance, as provided by law and rule, when duties performed on a regular and consistent basis do not conform to the job family descriptor [74:840-4.3]. The Human Capital Management Division shall not accept classification grievances directly from employees. A formal classification grievance shall be filed with the employing agency according to the rules for filing classification grievances promulgated by the Merit Protection Commission (OAC 455:10-19-1 et seq.). An internal classification grievance must be concluded within the agency before an employee may file a Classification Dispute Review Request form with the Human Capital Management Division. If the resolution decision by the Appointing Authority is to advise the employee to complete an Human Capital Management Division Classification Dispute Review Request form, as provided in OAC 455:10-19-35, the form will be submitted through appropriate supervisory channels to the agency office responsible for human resources functions.

(b)   Upon receipt of a Classification Dispute Review Request form submitted through appropriate supervisory channels, the agency office responsible for human resources functions will review it along with any other appropriate records, including the internal grievance file, to determine the nature and scope of the grievance. If the grievance concerns only the job family level to which the position is assigned, a position audit will be conducted by a designated agency representative who has been assigned the responsibility to complete positions audits, to determine the proper job family level. If an Appointing Authority has been delegated position allocation authority in accordance with OAC 260:25-1- 30, designated agency representatives will also be responsible for conducting classification grievance audits to determine both the appropriate job family and job family level. In conducting these audits, consideration shall be given to all relevant information concerning the position according to OAC 260:25-5-34.

(c)   If the review of the Classification Dispute Review Request and other related information indicates that the grievance includes the job family to which the position is allocated, and the agency has not been delegated position allocation authority, the form will be forwarded within 20 days to the Human Capital Management Division requesting that a position audit be completed. The Human Capital Management Division will then be responsible for completing the audit and determining an appropriate job family for the position. Upon receipt of the allocation decision made by the Human Capital Management Division, a designated agency representative will be responsible for determining the proper job family level for the position.

(d)   If an incumbent employee does not agree with the job family level assigned to a position by the Appointing Authority after completion of a grievance audit, the employee may request a review by the Human Capital Management Division. The employee shall submit the request to the agency office responsible for the agency's human resources management functions within 20 calendar days of the date of the notice of the final decision by the agency. Within 7 calendar days of receipt, the agency shall attach all documents considered by the agency in determining the job family level to the request for review and submit it to the Human Capital Management Division. Within 14 calendar days of receipt, the Human Capital Management Division will review the information submitted and make a final decision concerning the proper level of assignment. Such decision shall be based solely on a review of the written documentation submitted.

(e)   An employee may request a Human Capital Management Division review of the job family to which a position has been allocated by an agency which has delegated position allocation authority. The request for review must be received in the agency office responsible for the agency's human resource management functions no later than 20 calendar days after the date of the final notice of the decision by the agency.

(f)   An employee is entitled to the compensation assigned to the job family level for which duties were performed on a regular and consistent basis [74:840-4.3].

(g)   If a classification grievance or a classification dispute review indicates an employee has not received the compensation assigned to the job family level for which duties were performed on a regular and consistent basis, the Appointing Authority shall compensate an employee for the difference between the employee's actual rate of pay and the rate of pay the employee would have received on promotion to the job family level that was consistent with the duties and responsibilities of the employee. Back pay shall be limited to the date the employee filed the classification grievance pursuant to Section 840-6.2 of the Oklahoma Personnel Act.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14; Amended at 34 Ok Reg 1240, eff 9-11-17]