As a service to MGEC Full Members and Supporting Members, MGEC staff work with employees to request a “job audit” from their agency. A job audit is a process to determine the proper classification for a position. In preparation for a job audit, an employee should make sure their Position Description (PD) is up-to-date and accurate. Sometimes that means the employee rewrites the PD and either gets the supervisor to sign off on it separately or submits it with the job audit. A letter should be written describing the changes in the PD, when, why and how those changes occurred and suggesting what the correct classification should be. It helps to offer the PDs of other positions that are in the same classification thought to be the correct classification. Reviewers appreciate an organizational chart identifying the position as well as any other additional information describing the scope of the work and the authority afforded to the employee in the position.
It is important that the employee and employee’s supervisor communicate. However, too often the employee counts on the supervisor to do the work before making a request for a job audit – and it gets delayed. The MGEC contract gives employees the right to request a job audit directly from agency human resource staff. (Article 11, Section 5). The advantage of doing so is that the “timeclock” starts and if the employee is assigned to a higher classification, backpay goes back to fifteen calendar days after the agency received a reallocation request. When employees follow through, this has resulted in reallocation to a higher position for several members.
Article 11 of the MGEC Contract provides additional information pertaining to Job Audits, Reclassification, Reallocation and Retro Pay.
Article 11, Vacancies, Reclassification, Filling of Positions
Section 5. Job Audit. An employee may request a job audit to determine the proper classification of their position. When practicable, Minnesota Management and Budget or the Appointing Authority with delegated classification authority shall complete the job audit within one hundred twenty (120) days after receiving a request that has been submitted by the employee. Minnesota Management and Budget or an Appointing Authority with delegated classification authority shall acknowledge, in writing, receipt of an employee-initiated request for an audit of his/her position within thirty (30) calendar days of receipt of the request. If the audit is not completed within one hundred twenty (120) days, the Appointing Authority conducting the audit will inform the employee of the status of the audit and provide any reasons for any delay and the anticipated date of completion.
Article 11, Section 6. Reallocation. The incumbent of a position which is reallocated shall continue in the position if the employee is eligible for, and is appointed to, the position in the new class.
If the incumbent has performed satisfactorily in the reallocated position, he/she shall be promoted to the new class, without selection assessment, in accordance with law, provided the employee possesses any registration required for the new class. Where the incumbent has failed to perform satisfactorily in the reallocated position or is otherwise ineligible to continue in that position in the new class, the employee shall be removed from the position within thirty (30) calendar days from the date of notification to the Agency of the reallocation. Where the incumbent is ineligible to continue in the position and is not reassigned, transferred, promoted, or demoted, the layoff provisions of this Agreement shall apply.
Article 4, Section 9. Position Descriptions. Upon request, an employee shall be provided with a copy of their position description that accurately describes the duties, responsibilities, goals, and performance indicators for the position at the time of the signature. Such position descriptions shall not be grievable.
Each Appointing Authority shall have an internal appeal procedure to review disputes regarding the accuracy of position descriptions. Each Appointing Authority shall meet and confer with the Council prior to implementing or changing its procedure.
Reclassification: changing the allocation of a position to a higher, lower or equivalent class.
An employee who desires to protest a reclassification decision regarding his/her position may do so by following the provisions of M.S. 43A.07, Sub. 3. The decision of the Commissioner of Minnesota Management & Budget, or an agency Human Resource office with delegated authority, pursuant to this section shall not be subject to the grievance and arbitration provisions of this Agreement.
Reallocation: a reclassification resulting from significant changes over a period of time in the duties and responsibilities of the position (in the classified service).
Change in Allocation: reclassification resulting from abrupt, management-imposed changes in the duties and responsibilities of a position.
Retroactive Pay on Reallocation
If the incumbent of a position which is reallocated to a higher classification receives a probationary appointment to the reallocated position, pay for the reallocated position shall commence fifteen (15) calendar days after Minnesota Management & Budget or an Agency Human Resource office with delegated authority receives a reallocation request determined by Minnesota Management & Budget or delegated Agency to be properly documented, and the payment shall continue from that date until the effective date of the probationary appointment.
Such payment does not apply to reallocations resulting from department or division or group studies initiated by Minnesota Management & Budget or the Agency. The Commissioner of Minnesota Management & Budget shall determine when such payment is appropriate.
If a position is reallocated to a lower class as a result of a classification study initiated by the Employer and/or the Agency, the employee’s name shall be placed on the layoff list as provided in Article 13, Section 8. Placement on the list and recall from it shall be subject to the provisions of Article 13 (Layoff and Recall), Section 8 (Layoff Lists) and Section 9 (Recall).