24.26.540    CLASSIFICATION AND COMPENSATION GRIEVANCE PROCEDURE – GENERAL PROVISIONS

(1) Any employee, group of employees not represented by a labor organization, an exclusive representative, or an authorized representative may utilize this grievance process to grieve a classification or compensation issue under Title 2, chapter 18, parts 1 through 3, MCA.

(a) A grievant must obtain a state employee classification and compensation grievance form and follow the accompanying instructions.

(b) Grievance forms may be obtained from the Board of Personnel Appeals, P.O. Box 201503, Helena, Montana, 59620, from the human resource office of any department within the executive branch, or from the department's web site: erd.dli.mt.gov/labor-standards.

(2) The completed grievance form shall be submitted with the current position description, signed by the employee and the employee's immediate supervisor. If the current position description is disputed, the employee may include a proposed position description, signed by the employee, that represents the employee's understanding of the duties and responsibilities of the position.

(a) The completed grievance form must identify and explain all issues motivating the grievance. The grievance form shall include a list of issues that may be grieved.

(b) Classification standards are not appealable subjects on the grievance form under 2-18-1011 through 2-18-1013, MCA. The grievance 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.

(3) The period of time for which retroactive pay for a compensation or classification appeal may be awarded under 2-18-1011 through 2-18-1013, MCA, or under Title 2, chapter 18, parts 1 through 3, MCA, may not extend beyond 30 days prior to the date on which the appeal was filed. 

History: 39-31-104, MCA; IMP, 2-18-203, 2-18-1011, 2-18-1012, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.