Page 79 - 2016-2021-ASU

Article 24

Out-of-Title Work

§24.1 No person shall be employed under any title not appropriate to the
duties to be performed and, except upon assignment by proper authority

during the existence of a temporary emergency situation, no person shall
be assigned to perform the duties of any position unless he or she has been

duly appointed, promoted, transferred or reinstated to such position in
accordance with the provisions of the Civil Service Law, Rules and

Regulations. No credit shall be granted in a promotion examination for out-
of-title work.

§24.2 The term “temporary emergency” shall mean a non-recurring
situation or circumstance of limited duration which might impair the

agency’s goals, interfere with the proper discharge of its responsibilities or
present a clear danger to persons or property. An emergency exceeding 60

calendar days shall not be considered to be a temporary emergency, and
upon the expiration of such 60 calendar days the employee shall be returned

to his or her proper employment.
§24.3 (a) A grievance alleging violation of this Article shall be filed

directly with the agency head or designee by the employee or CSEA in
writing on forms provided by the State with a copy of that grievance being

simultaneously filed with the facility or institution head or designee. An
opinion shall be issued by the agency as soon as possible, but no later than

20 calendar days following receipt of the grievance. The distribution of that
opinion shall include the grievant, the CSEA labor relations specialist and

the CSEA local.

(b)(1) If not satisfactorily resolved at the agency level, an appeal may be
filed by CSEA with the Director of the Governor's Office of Employee
Relations within ten calendar days of receipt of the agency opinion. Such

appeal shall include a copy of the original grievance and the agency

opinion. After receipt of such appeal, the Director of the Governor's Office
of Employee Relations shall seek an opinion from the Director of
Classification and Compensation. Such appeal shall be processed in

accordance with the provisions of Article 24.3(c), (d) and (e).

(2) If the grievance is sustained by the agency and a monetary award is
recommended, a request for affirmation of the agency decision shall be

filed by the agency with the Director of Classification and Compensation

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