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Classification Appeal Adjudication Process (Bargaining Unit) – Frequently Asked Questions

  1. Can the Appeal Adjudicator change my salary on the pay scale, i.e. from Step 1 to Step 2? Can the Adjudicator assign a new salary scale to a class?
  2. Can the Adjudicator create a new class?
  3. Can my salary decrease if a factor is rated lower by the Adjudicator?
  4. Is a hearing required in order to render a decision?
  5. Can the Adjudicator move a position from the bargaining unit to the management pay plan?
  6. Does the Adjudicator have jurisdiction to place a position outside the existing collective agreement, i.e. from Clerk I, HS to Clerk I, GS?
  7. If I appeal my classification, do I have to appear before the Adjudicator?
  8. If the Appeal Adjudicator changes my classification, what will be the effective date of change?
  9. Can I be included as part of a group appeal without my knowledge?
  10. When is my appeal closed?
  11. Can the Adjudicator’s decision be appealed?

1. Can the Appeal Adjudicator change my salary on the pay scale, i.e. from Step 1 to Step 2? Can the Adjudicator assign a new salary scale to a class?

No, this is outside the Adjudicator's jurisdiction.

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2. Can the Adjudicator create a new class?

The Adjudicator can only make a decision as to the appropriate rating on a factor being challenged. The overall rating may stay the same, may be higher or may be lower.

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3. Can my salary decrease if a factor is rated lower by the Adjudicator?

The impacts of changes in ratings arising from decisions of the Classification Appeal Adjudicator shall be processed by the Classification & Organizational Design Division in accordance with the Human Resource Secretariat’s compensation policies.

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4. Is a hearing required in order to render a decision?

The Adjudicator can render a decision without a hearing taking place. At the Adjudicator’s discretion, a hearing may be held in certain circumstances.

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5. Can the Adjudicator move a position from the bargaining unit to the management pay plan?

No, this is outside the Adjudicator’s jurisdiction.

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6. Does the Adjudicator have jurisdiction to place a position outside the existing collective agreement, i.e. from Clerk I, HS to Clerk I, GS?

No, this is outside the Adjudicator’s jurisdiction..

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7. If I appeal my classification, do I have to appear before the Adjudicator?

Not necessarily. If a hearing is required, you may have a representative appear on your behalf but you may be required to appear at any time and in any place in the province deemed desirable. At the Adjudicator’s discretion, hearings may be held in person or by video conference.

The employing organization concerned shall allow time off from regular duties to any employee who is required by the Classification Appeal Adjudicator to appear at a hearing.

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8. If the Appeal Adjudicator changes a rating, what will be the effective date of change?

The impacts of changes in ratings arising from decisions of the Classification Appeal Adjudicator shall be processed by the Classification & Organizational Design Division in accordance with the Human Resource Secretariat’s compensation policies.

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9. Can I be included as part of a group appeal without my knowledge?

No.

If a group of employees wish to file a group appeal they must all confirm their consent in writing. The Classification Appeal Adjudicator may only consider and rule upon factors challenged by a group having identical classifications, provided that such group shall first have submitted their request for Review and received a decision from Classification & Organizational Design Division.

If the Classification Appeal Adjudicator proposes a group review, the individual appellants must indicate in writing that they are in agreement with the group review.

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10. When is my appeal closed?

Your appeal is closed when a decision is made by the Appeal Adjudicator; your request to withdraw in writing with your signature; if you are dismissed with cause; or if you postpone the hearing more than twice.

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11. Can the Adjudicator’s decision be appealed?

No, the decision of the Classification Appeal Adjudicator is final and binding on the parties to the appeal.

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