Utah Code 63A-17-602. Position classification grievances — Scope — Procedure
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(1)
Terms Used In Utah Code 63A-17-602
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Career service: means positions under schedule B as defined in Section
63A-17-301 . See Utah Code 63A-17-102 - Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Director: means the director of the division. See Utah Code 63A-17-102
- Division: means the Division of Human Resource Management, created in Section
63A-17-105 . See Utah Code 63A-17-102 - Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 63A-17-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) For the purpose of position classification grievances, the process that culminates in assigning a career service position to an appropriate class specification is a matter of position classification and may be grieved.
(1)(b) The process that culminates in assigning a salary range to the class specification is not a position classification and may not be grieved as a classification grievance.
(2)
(2)(a) Upon receipt of a position classification grievance, the director shall refer the grievance to a classification panel of three or more impartial persons trained in state classification procedures.
(2)(b) The classification panel shall determine whether or not the classification assignment for career service positions was appropriate by applying the statutes, rules, and procedures adopted by the division that were in effect at the time of the classification change.
(2)(c) The classification panel may:
(2)(c)(i) obtain access to previous audits, classification decisions, and reports;
(2)(c)(ii) request new or additional audits by human resource analysts; and
(2)(c)(iii) consider new or additional information.
(2)(d) The classification panel may sustain or modify the original decision and, if applicable, recommend a new classification.
(2)(e) The classification panel shall report the classification panel’s recommendation to the director, who shall make the classification decision and notify the grievant.
(3)
(3)(a) Either party may appeal the director’s decision to an impartial hearing officer trained in state classification procedures selected through a public bid process by a panel consisting of the following members:
(3)(a)(i) a current or former government employee with experience in human resource management;
(3)(a)(ii) two department executive directors;
(3)(a)(iii) a private sector human resources executive appointed by the governor; and
(3)(a)(iv) a representative of the Utah Public Employees Association.
(3)(b) The successful bid shall serve under contract for no more than three years. At the end of that time, the division shall reissue the bid.
(3)(c) The hearing officer shall review the classification and make the final decision. The final decision is subject to judicial review pursuant to the provisions of Section 63G-4-402.