[OPEUreppms] Draft Demotion Return LOA

[HARRUP Lois M * DAS HRSD]

TO: HR Directors/Managers of SEIU Represented Agencies

 

Questions have been raised about how to code the personnel transaction
where an employee who separates from a position through demotion and
then gets appointed within two years to another position in their former
classification or same salary range. 

The question is whether this position change is coded as a promotion or
reemployment.

The correct coding is to treat this position change as a reemployment. 

 

The reason for this conclusion is based on the language of the SEIU
agreement. Article 45 defines reemployment as an employee who separates
from a position. This covers the situation where an employee separates
from state service and when the employee remains a state employee but
changes position to a lower classification or salary range. 

 

To clarify this situation and settle or forestall grievances from being
filed, we have drafted the attached Letter of Agreement that amends
Article 29 to address pay for those employees who are reemployed within
two years from a demotion to a lower classification or salary range.  A
proposed agreement was distributed at the HR Director's meeting on
August 6 and has been modified as a result of input received at that
time. 

 

One concern raised was how to treat an individual who was involuntarily
demoted (not in good standing) into a lower position that may return to
the higher classification within two years.  I would appreciate any
suggestions for this potential situation.

 

Please review the proposed agreement and let me know if there are any
additional concerns or questions regarding this subject no later than
close of business Thursday, August 21, 2008. Thank you very much for
your expeditious attention to this request!

 

There was also a question raised at the HR Manager's meeting to ensure
the correctness of the personnel action.  I offer the following
suggestion:

 

Best Practice:  As with any employee movement from one position to a
higher level position, before an offer is made to the candidate/employee
of his/her status and compensation, HR should review PPDB records.  This
review is to determine if a current or former employee has served in the
classifications within a 2 year period that would result in reemployment
rather than promotion.  Then advise the hiring supervisor about the
candidate's appointment type, e.g., promotion, reemployment, etc. and
the appropriate compensation step as appropriate.  

 

Cordially,

 

Eva M Corbin

Deputy Administrator, Labor Relations unit

DAS - Human Resource Services Division

Office Number (503) 378-8321

Facsimile Number (503) 373-7530

 

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