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within fifteen calendar days of issuance of the agency opinion. Copies of

the request for affirmation shall be sent to the Director of the Governor's

Office of Employee Relations, the CSEA labor relations specialist and the
CSEA local. Such requests shall be processed in the manner of an appeal

in accordance with the provisions of Article 24.3(c), (d) and (e). The
request for affirmation shall include a copy of the original grievance and

agency opinion. No monetary award may be granted without an affirmative
recommendation by the Director of the Governor's Office of Employee

Relations.
(c) After receipt of an appeal, the Director of Classification and

Compensation shall review and formulate an opinion concerning whether
or not the assigned duties are substantially different from those appropriate

to the title to which the employee is certified. The Director of Classification
and Compensation shall within sixty (60) calendar days of receipt of the

appeal, forward his or her opinion to the Director of the Governor's Office
of Employee Relations for implementation.

(d) If such opinion is in the affirmative, the Director of the Governor’s
Office of Employee Relations or the Director’s designee shall direct the

appointing authority forthwith to discontinue such assignment.
(1) If such substantially different duties are found to be appropriate to a

lower salary grade or to the same salary grade as that held by the affected
employees, no monetary award may be issued.

(2) If, however, such substantially different duties are found to be
appropriate to a higher salary grade than that held by the affected

employee, the Director of the Governor’s Office of Employee Relations

shall issue an award of monetary relief, provided that the affected employee
has performed work in the out-of-title assignment for a period of one or
more days. And, in such event, the amount of such monetary relief shall be

the difference between what the affected employee was earning at the time

he or she performed such work and what he or she would have earned at
that time in the higher salary grade title, but in no event shall such monetary
award be retroactive to a date earlier than fifteen (15) calendar days prior

to the date of certified mailing of the grievance to the agency, or date filed

with the facility or unit head or designee, whichever is later.
(3) In the event a monetary award is issued, the State shall make every

effort to pay the affected employee within three (3) bi-weekly payroll

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