– Public Service Employment Regulation –

Part 5

Classification Plans

20 Non-Management Classification Plan
 
(1) The non-management classification plan is called the Point Rating Evaluation Plan. It is based on a modified Hay system using factor comparison and point rating methodologies.
 
(2) A deputy head will have a representative number of non-management benchmarks approved through a process set out in the Point Rating Evaluation Plan. These cross government benchmarks are the official comparisons used to support the evaluation decision.
 

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21 Management Classification Plan
 
(1) The management classification plan is called the Management Job Evaluation Plan. It is based on a modified Hay system using factor comparison and point rating methodologies. The plan includes the Manager, Senior Manager, and Executive Manager classes.
 
(2) A deputy head will have a representative number of management benchmarks approved through a process set out in the Management Job Evaluation Plan. These cross government benchmarks are the official comparisons used to support the evaluation decision.
 

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22 Classification Process for Non-Management Positions
 
(1) A non-management employee may, by submitting a job description, request that the deputy head review the class of the employee’s position if the employee’s duties have changed significantly since the last review, or if 6 months have elapsed since the last review. If the request does not meet either of these requirements, the deputy head may refuse to review the classification of the position and will notify the employee in writing of this decision.
 
(2) When a class is reviewed, the deputy head with delegated authority or an authorized delegate will allocate the position to a class. The deputy head will notify the employee of the decision in writing no later than 60 working days from receipt of the request, unless the employee agrees to an extension. If no decision has been made within 60 working days of the request and no extension has been agreed to, the employee can file an appeal.
 
(3) If the Public Service Commissioner is required to review an employee request, the request will be referred to the Public Service Commissioner within 30 working days of receipt by the departmental human resources office. The Public Service Commissioner will allocate the position and provide the decision in writing to the deputy head and employee no later than 30 working days from receipt of the request, unless the employee agrees to an extension. If no decision is made within 60 working days of the employee’s request and no extension has been agreed to, the employee can file an appeal.
 

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23 Classification Process for Management Positions
 
(1) An employee may request in writing that the deputy head review the class of the employee’s position by submitting an updated job description.
 
(2) A department will not re-evaluate a job within 6 months of the last review unless the assigned responsibilities change substantially. The deputy head can waive this 6-month period.
 
(3) If the department does not make a decision within 60 working days of receiving the employee’s formal class request, the employee may proceed directly to the departmental review process. When both parties agree, the 60-day period may be extended.
 

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24 Classification Appeal Boards – Non-Management
 
(1) The Minister will appoint one or more Chairs for the Classification Appeal Boards and prescribe their remuneration. The Minister will maintain a list of persons who are eligible to sit as members for a bargaining unit Classification Appeal Board, and prescribe their remuneration, if any. The employer and union will each nominate one or more people for the list.
 
(2) Each appeal to a bargaining unit class will be considered by a Classification Appeal Board consisting of:
 
(a) the Chair;
 
(b) one member selected by the Public Service Commissioner or deputy head from the list of employer appointees; and
 
(c) one member selected by the employee from the list of union appointees.
 
(3) Each appeal to an opted out and excluded class will be considered by a Classification Appeal Board comprised of the Chair and two employer appointees.
 

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25 Classification Appeal Process - Non-Management
 
(1) An employee may, within 5 working days of receiving written notice of the classification decision, request the Human Resource Director undertake a departmental review of their job allocation. The departmental review will result in a written decision to the employee within 20 working days of receiving the written notice.
 
(2) An employee may appeal the departmental review decision to a Classification Appeal Board. The employee may make an appeal to a Classification Appeal Board in writing on the form prescribed by the Chair within 15 working days after the employee has received the written departmental review decision.
 
  (3) If the employee has not received a classification decision within 60 working days of submitting a classification request, the employee has 30 working days to submit an appeal for departmental review. If the employee fails to comply with these time limits, the appeal will be considered abandoned unless the Human Resources Director agrees to an extension.
 
(4) The following parties are entitled to submit information to the Classification Appeal Board:
 
(a) human resources consultant of the appellant’s department; and
 
(b) appellant or spokesperson; and
 
(c) any other person who has knowledge of the duties and responsibilities of the position.
 
(5) The Classification Appeal Board will only consider the employee’s duties at the time the review was concluded. The Board will not consider any duties added or deleted after the review.
 
(6) The Classification Appeal Board will not:
 
(a) consider the employee’s qualifications, except that the Board will not allocate a position to a class that requires mandatory qualifications the employee does not have; or
 
(b) consider compensation issues; or
 
(c) consider comparisons to positions other than those itemized on the cross-government benchmark listing;
 
(d) revise or establish new classifications;
 
(e) alter the assignment of points of cross-government benchmarks;
 
(f) make a decision regarding jobs which are not under appeal;
 
(g) alter the Point Rating Evaluation guide chart or guide.
 
(7) In making its decision, a Classification Appeal Board will compare the duties of the position under appeal with the following:
 
(a) Point Rating Evaluation Plan guide chart and guide; and
 
(b) cross-government benchmarks; and
 
(c) criteria defining the scope of the plan.
 
(8) The Classification Appeal Board shall grant or deny the appeal as submitted and may provide observations and recommendations to the Public Service Commissioner.
 
(9) The decision of a Classification Appeal Board is binding on the employee, deputy head, and Public Service Commissioner. The Chair will provide the decision and brief rationale in writing.
 
(10) The effective date of decision made by a Classification Appeal Board will be in accordance with the directives established by the Public Service Commissioner.
 

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26 Management Job Evaluation Appeal Board
 
The Minister will by order establish a Management Job Evaluation Appeal Board and appoint members eligible to sit on the Board as members or to chair the Board. Each Management Job Evaluation Appeals Board will consist of one Chair and two members.
 

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27 Classification Appeal Process - Management
 
(1) The deputy head will establish a departmental review process to review evaluations within the Management Job Evaluation Plan.
 
(2) An employee may request another review of their job by the departmental review committee within 5 working days of receiving written notice of the classification decision. The departmental review committee will issue their written decision within 20 working days of the request.
 
(3) An employee may appeal the movement of a position within and into the Management Job Evaluation Plan to the Management Job Evaluation Appeal Board if:
 
(a) the employee does not agree with the deputy head’s classification decision; or
 
(b) the departmental review process supports the deputy head’s classification decision; or
 
(c) the decision requested through the appeal would move the position’s classification to a higher class than the original classification decision.
 
(4) An employee may make an appeal to the Management Job Evaluation Appeal Board within 15 working days of receiving the written decision of the departmental review process. The Chair of the Management Job Evaluation Appeal Board may extend the period within which an appeal must be filed.
 
(5) Board members will receive copies of the written submission at least 5 working days prior to the hearing.
 
(6) The Chair will allow the parties full opportunity for presentations and questions.
 
(7) In reaching its decision, the Management Job Evaluation Appeal Board shall consider:
 
(a) information provided by both parties; and
 
(b) the department evaluation guide chart; and
 
(c) cross-government benchmarks; and
 
(d) criteria defining the scope of the plan.
 
(8) In reaching its decision, the Management Job Evaluation Appeal Board shall not:
 
(a) revise or establish new classifications;
 
(b) alter the assignment of points of cross-government benchmarks;
 
(c) alter the department guide charts;
 
(d) make a decision regarding jobs which are not under appeal;
 
(e) consider comparisons which are not on the cross-government benchmark list;
 
(f) consider new responsibilities assigned to the job since the initial evaluation decision of the job was made;
 
(g) make any recommendations on pay;
 
(h) consider employee's qualifications;
 
(i) consider the assignment to an occupational family.
 
(9) The Management Job Evaluation Appeal Board shall grant or deny the appeal as submitted and will issue their written decision within 10 working days of the appeal hearing, unless the parties agree to an extension. A decision of the Management Job Evaluation Appeal Board is final and binding only in the case of an appeal from one class in the Management Job Evaluation Plan to another class in the same plan. In the case of movement of the job from one classification plan to another, the Board will make a recommendation to the deputy head.
 
(10) The effective date of a decision made by the Management Job Evaluation Appeal Board will be in accordance with directives established by the Public Service Commissioner.

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Last Review /Update: 2012-11-06

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Part 1
Definitions
Part 2
Application
Wage Employees
Temporary Employees
Part Time Salaried Employees
Contract Employment
Part 3
Hours of Work
Part 4
Attendance
Part 5
Classification Plan
Part 6
Probationary Appointment
Part 7
Pay
Part 8
Premium Pay
Part 9
Bargaining Unit Educational Services Pay
Part 10
Paid Holidays
Part 11
Vacation Leave and Supplement
Northern Leave
Casual Illness Leave
General Illness Leave
Special Leave
Attendance at Court and Tribunals
Maternity, Parental/Adoption Leave
Leave of Absence Without Pay
Leave of Absence With Pay
Part 12
Position Abolishment
Part 13
Layoff and Recall
Part 14
Discipline Appeal Process
Part 15
Workers' Compensation Supplement
Part 16
Performance Management
Part 17
Official Pay Plan
   
Part 18, Sec 125, deleted, M.O. 7/2009, Oct-1-2009

Part 19, Sec 126, deleted, M.O. 7/2009, Oct-1-2009
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