CBA Article 9

ARTICLE 9 CLASSIFICATION 

9.1 Classification Plan Revisions 

A. The Employer will provide to the Union, in writing, any proposed changes to the classification plan including descriptions for newly created classifications. The parties may then meet to discuss the assignment of new bargaining unit classes or the reassignment of existing bargaining unit classes to pay ranges. 

B. The Employer will allocate or reallocate positions, including newly created positions, to the appropriate classification within the classification plan.

9.2 Position Review 

An individual nurse who believes that his or her position is improperly classified may request a review according to the following procedure: 

A. The nurse and/or the nurse’s immediate supervisor will complete and sign the appropriate form. 

B. The supervisor will then send the completed form to the local Human Resources Office. The local Human Resources Office will review the completed form and make a decision regarding appropriate classification. 

C. In the event the nurse disagrees with the reallocation decision of the agency, he or she may appeal the agency’s decision to the Director of the Department of Personnel within twenty-one (21) calendar days of being provided the results of a position review or the notice of reallocation. The Director of the Department of Personnel will then make a written determination that will be provided to the nurse. 

D. The nurse may appeal the determination of the Director of the Department of Personnel to the Washington Personnel Resources Board within twenty one (21) calendar days of being provided the written decision of the Director of the Department of Personnel. The board will render a decision that will be final and binding. 

E. The effective date of a reallocation resulting from a nurse’s request for a position review is the date the request was filed with the local Human Resources Office. 

9.3 Effect of Reallocation 

A. Reallocation to a Class with a Higher Salary Range Maximum 

1. If the nurse has performed the higher-level duties for at least twelve (12) months and has the skills and abilities required of the position, the nurse will remain in the position and retain his or her existing appointment status. 

2. If the reallocation is the result of a change in the duties of the position and the nurse has not performed the higher-level duties for at least twelve (12) months, the position will be filled in accordance with Section 30.1 of Article 30, Hiring and Appointments. If the incumbent nurse is not selected for the position, or does not have the required skills and abilities, the layoff procedure specified in Article 28, Layoff and Recall, of this Agreement will apply. If the incumbent nurse is appointed to the position, he or she must serve a trial service period.

B. 

1. If the nurse has the skills and abilities required of the position, the nurse will remain in the position and retain his or her existing appointment status. 

2. If the nurse does not have the skills and abilities required of the position, the layoff procedure specified in Article 28, Layoff and Recall, of this Agreement will apply. 

C. Reallocation to a Class with a Lower Salary Range Maximum 

1. If the nurse has the skills and abilities required of the position and chooses to remain in the reallocated position, the nurse will retain his or her existing appointment status and has the right to be placed on the agency’s internal layoff list for the classification occupied prior to the reallocation. 

2. If the nurse chooses to vacate the position or does not have the skills and abilities required of the position, the layoff procedure specified in Article 28, Layoff and Recall, of this Agreement will apply. 

9.4 Salary Impact of Reallocation 

A nurse whose position is reallocated will have his or her salary determined as follows: 

A. Reallocation to a Class with a Higher Salary Range Maximum 

Upon appointment to the higher class, the nurse’s base salary will be increased to a step of the range for the new class that is nearest to five percent (5%) higher than the amount of the pre-promotional step. 

B. Reallocation to a Class with an Equal Salary Range Maximum 

The nurse retains his or her previous base salary. 

C. Reallocation to a Class with a Lower Salary Range Maximum 

The nurse will be paid an amount equal to his or her current salary provided it is within the salary range of the new position. If the nurse’s current salary exceeds the maximum amount of the salary range for the new position, the nurse will be compensated at the maximum salary of the new salary range. 

9.5 The Employer will notify the Union when a position is being reallocated to a job classification that is excluded from a bargaining unit covered by this Agreement. Within seven (7) calendar days of notification, the Union may request to meet with the Employer to discuss the proposed reallocation. This meeting will be scheduled within fourteen (14) calendar days from the date of the Union’s request to meet, unless agreed otherwise. If the Union does not request a meeting within seven (7) calendars days of notification, the Employer may proceed with the reallocation.Reallocation to a Class with an Equal Salary Range Maximum 

9.6 Decisions regarding appropriate classification will not be subject to the grievance procedure specified in 

Article 36 of this Agreement. 

© Paul Vilja 2017