New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 25 - Career Service › Section 25.41 - Review procedure for classification established by the May 28, 1979 classification plan

Current through Register Vol. 46, No. 28, July
					 10, 2024
An employee aggrieved by the classification
						of his or her position in the classification plan established effective May 28,
						1979, including the allocation of his or her position to a salary grade, may
						seek review as follows:
(a) The employee or the employee's
					 representative shall submit a written notice of an intention to appeal the
					 classification to the Chief Administrator of the Courts within 60 days of his
					 or her receipt of notice of the classification. The Chief Administrator shall
					 notify each employee or representative who files a notice of intention to
					 appeal of the date on which the appeal must be perfected, provided that the
					 employee or the representative shall have at least 30 days to perfect the
					 appeal. An appeal shall be perfected by the submission of a written statement
					 on the basis of the appeal, together with any supporting papers. The Chief
					 Administrator shall review these statements, make any required adjustments, and
					 notify the employee of his or her action.
(b) If the appeal has not been resolved
					 to the satisfaction of the employee, the employee or the employee's
					 representative may then appeal to the Classification Review Board within 60
					 days of receipt of notice of the action of the Chief Administrator of the
					 Courts. This review board shall consist of three members, one appointed by the
					 President of the State Civil Service Commission, one appointed by the State
					 Comptroller, and a chairman, to be appointed by the Chairman of the Public
					 Employment Relations Board. The Classification Review Board shall determine
					 each appeal. The Classification Review Board shall consider all material
					 submitted by the employee or the employee's representative, and shall send a
					 copy of this material to the Chief Administrator, who shall be given a
					 reasonable opportunity to respond. The Classification Review Board may, in its
					 discretion, hold a hearing with relation to any aspect of any appeal.
(c) Any employee organization
					 may bring an appeal pursuant to this procedure on behalf of any member or group
					 of members.
(d) The
					 Classification Review Board shall have jurisdiction to review appeals only from
					 classifications and allocations determined pursuant to the classification plan
					 established as set forth in subdivision (a) of this section.
(e) A determination of the
					 Classification Review Board shall constitute an administrative order; subject,
					 however, to review in a proceeding brought by either the employee, an employee
					 organization, or the Chief Administrator pursuant to article 78 of the
					 CPLR.
(f) This
					 section shall apply only to appeals pending before the Classification Review
					 Board as of the effective date of this subdivision [January 1, 1987].