Non-management classification appeals directive

Overview

This directive describes the composition of Classification Appeal Boards and the appeal process for non-management positions.

Forms

• CAB I: Non-Management Position Classification Appeal Form (for Appellant) (PDF, 70 KB)
• CAB II: Non-Management Position Classification Appeal Form (for Ministry HR) (PDF, 62 KB)

Classification appeal boards

The Minister will appoint one or more Chairs for the Classification Appeal Boards and prescribe their remuneration. The Minister will maintain a list of people 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.

Bargaining unit

Each appeal to a bargaining unit class will be considered by a Classification Appeal Board consisting of:

• the Chair
• one member selected by the Public Service Commissioner or deputy head from the list of employer appointees
• one member selected by the employee from the list of union appointees

Opted out and excluded

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.

Members of a Classification Appeal Board will not consider a classification appeal from their ministry.

Appeal process - jobs evaluated using the point rating evaluation plan

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 request.

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. 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 to the department review level. If the employee fails to comply with these time limits, the appeal will be considered abandoned unless the Chair agrees to an extension.

The following parties are entitled to submit information to the Classification Appeal Board:

• human resources consultant (or designate) of the appellant's ministry;
• appellant or spokesperson.

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.

The Classification Appeal Board will not:

• 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
• consider compensation issues
• consider comparison to positions other than those itemized on the cross-government benchmark listing
• revise or establish new classifications
• alter the assignment of points of cross-government benchmarks
• make a decision regarding jobs which are not under appeal
• alter the Point Rating Evaluation guide chart or guide

In making a decision, the Classification Appeal Board will compare the duties of the position under appeal with the following:

• Point Rating Evaluation Plan guide chart and guide
• cross-government benchmarks
• criteria defining the scope of the plan

The Classification Appeal Board will grant or deny the appeal as submitted and may provide observations and recommendations to the Public Service Commissioner.

The decision of the 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.

The effective date of a decision made by a Classification Appeal Board will be set out in the directives established by the Public Service Commissioner.

About this directive