Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.5 - Wage and Classification Appeals › Rule 24.26.508 - GRIEVANCE PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Any employee,
				group of employees not represented by a labor organization, or an appropriately
				designated representative, may utilize this formal grievance procedure.
				Employees must obtain a state employee classification appeal form and follow
				the accompanying instructions. Appeal forms may be obtained from the Board of
				Personnel Appeals, P.O. Box 201503, Helena, Montana, 59620-1503, from the human
				resource office of any department within the executive branch, or from the
				department's web site at: erd.dli.mt.gov/laborstandard/wagehrbpa.asp.
(a) The completed appeal form shall be
				submitted together with the current position description, signed by the
				employee and the immediate supervisor. If the current position description is
				disputed, the employee may also submit a proposed position description, which
				represents the employee's understanding of the duties and responsibilities of
				the position and is signed by the employee.
(b) To complete the appeal form, the employee
				must identify the issue or issues motivating the appeal and explain the reasons
				each listed issue is being appealed. A list of appealable issues will be
				provided with the appeal form.
(c)
				If a number of appeals affect multiple employees in the same manner, the
				appeals may be consolidated at any step of the grievance process by the
				employees, by an appropriately designated representative, by the department, by
				the State Human Resources Division, or by the Board of Personnel Appeals. If
				the appeals are consolidated, the timelines in this rule will run from the
				dates associated with the latest appeal included in the consolidation. If an
				employee who is not represented by a labor organization opposes consolidation,
				that employee's appeal will not be consolidated absent a board order. However,
				an employee represented by a labor organization may not contradict the
				employee's appropriately designated representative and either consolidate an
				appeal or opt out of a consolidated appeal unless by board order. Consolidation
				of appeals will be by written stipulation of the parties or by board order. A
				consolidation may be altered or amended at any time before the final order of
				the board. If an employee opposes altering or amending the consolidation, the
				employee may request a hearing to be held before the final order of the board
				is issued.
(d) Pursuant to
				2-18-203(2),
				MCA, the pay band assigned to an occupation and benchmarks are not appealable
				subjects. The appeal shall be described in terms of the following appealable
				issues:
(i) substantial changes have occurred
				in this position to warrant reclassification. Specifically, this position
				should be allocated to (list band level and occupation title);
(ii) this position was incorrectly allocated
				to (list band level and occupation title) and should be allocated to (list band
				level and occupation title);
(iii)
				the classification rules have been incorrectly applied to this position
				(specific rule(s) should be cited); and
(iv) "other", but the issue must specifically
				relate to classification.