AFSCME Contract - MMB Home - Minnesota Management & Budget

Section 8. Effects of Changes in Position Allocations on the Filling of Positions. When the
allocation of a position has been changed as the result of changes in the organizational structure of
an agency or abrupt changes in the duties and responsibilities of the position, such positions shall
be considered vacant under the provisions of this Article and filled in accord with Sections 5, 6 and
7.
Section 9. Effects of Reallocations on the Filling of Positions. When the allocation of a
position has been changed as the result of changes over a period of time in the kind, responsibility,
or difficulty of the work performed in a position, such situation shall be deemed a reallocation.
A reallocated position shall not be considered a vacancy under the provisions of this Article if the
action leading to the change in the allocation of the position did not clearly result from the
assignment of the incumbent to work out of class in a manner so as to by-pass the selection
process, assignment of the incumbent to a vacancy in a new position which had not been allocated
to a class, or other action taken without regard to the appropriate selection process.
When the reallocated position is not a vacancy, the incumbent employee shall be appointed to the
reallocated position provided the employee has performed satisfactorily in the position and
possesses any licensure, certification, or registration which may be required.
When the reallocated position is a vacancy or when the incumbent employee has not performed
satisfactorily in the position or does not possess the required licensure, certification, or registration,
the position shall be filled as provided in Sections 5, 6, and 7 of this Article.
When the incumbent is ineligible to be appointed to the reallocated position as provided above, the
employee shall be removed from the position within thirty (30) calendar days from the date of
notification to the Appointing Authority. If the employee cannot be reassigned, transferred,
promoted, or demoted, the layoff provisions of this Agreement shall apply.
Employees may submit requests for job audits directly to Minnesota Management & Budget or to
an agency human resource office with delegated authority. An employee who has had a formal
audit request submitted on his/her position shall be notified in writing of its receipt by the
appropriate agency Human Resources Office.
Except for reallocations resulting from a study of an agency or division thereof initiated by
Minnesota Management & Budget or an Appointing Authority, if the incumbent of a position which
is reallocated upward receives a probationary appointment to a reallocated position, pay for the
reallocated position shall commence fifteen (15) calendar days after the receipt in Minnesota
Management & Budget or an agency human resource office with delegated authority of a
reallocation request determined by Minnesota Management & Budget or the delegated agency to
be properly documented, and it shall continue from that date until the effective date of the
probationary appointment.
The decision of the Commissioner of Minnesota Management & Budget or an agency with
delegated authority on the reallocation of any position shall not be subject to the grievance and
arbitration provision of this Agreement.
An employee who is demoted as a result of a reallocation shall have his/her name placed on the
Seniority Unit and Class (or Class Option) Layoff Lists for the class from which he/she was
reallocated.
The Employer shall provide the Union with information about reallocations of bargaining unit
employees.
2013-2015 AFSCME Contract – Page 31