ARTICLE II

SECTION I
WORKING OUT-OF-CLASS

  1. OUT-OF-CLASS
    The City shall pay employees for working out-of-class because of a temporary position vacancy. Except for exclusions contained within this section, the following provisions apply:

    1. When the temporary job assignment for employees is one "normal" working day or longer, payment will be effective beginning the first day.

    2. Work performed for less than eight (8) hours on the first day of such assignment shall not be eligible for out-of-class pay, except for the classification of Sanitation Worker which shall be entitled to working out-of-class pay commencing with the first hour of work and part-time employees shall be entitled to working out-of-class pay commencing with the completion of one"scheduled" work day.

    3. Any person assigned to working out of class shall receive the same salary increase as applicable in a promotion under Article II, Section C-2. No person working out of class may receive less than a five percent (5%) increase over their base monthly salary. For purposes of this section, base monthly salary shall include tenth step. In the event that a person working out of class is computed to receive less than a fifty salary schedule increase under the promotion formula, that person shall be retained at their current salary and a fifty salary schedule differential shall be added to their base monthly salary during such time as the employee is assigned to the out-of-class opportunity.

    4. Part-time employees shall be eligible for "working out-of-class" on the same basis, as a full-time employee. Except that his or her "work day" shall be their hours worked at the out-of-class position.

    5. There will be no out of class pay when filling in for the Administrative Secretary of Executive Assistant on "N" days and vacation days. The City will pay out of class for a Senior Secretary who works as the Administrative Secretary of Executive Assistant in absences of at least fifteen (15) consecutive days as a result of vacations, catastrophic illness, return from IOD, FMLA or CFRA time off, pending recruitment approved leave of absence, administrative leave or suspension, jury duty, etc.

  2. "CLASS" OR "CLASS OF POSITION" DEFINITION
    A group of positions which is substantially so similar with respect to difficulty, responsibility, and character of work as to require the same kind and amount of training and experience for proper performance and to merit equal pay. The class specifications are to be considered descriptive and explanatory and not necessarily inclusive or exclusive.

  3. "WORKING OUT-OF-CLASSIFICATION" DEFINITION
    An employee who spends at least 51% or more of his or her time performing duties of a higher level which are not generally included in his or her class specification.

  4. DETERMINING WHETHER A VACANT POSITION SHOULD BE FILLED
    1. Department managers will first determine whether the position must be filled.

    2. The department manager will then determine whether the more responsible functions of the position can be assumed by the next higher level.

    3. The department manager will then determine whether the balance of duties may be dispersed to a number of other positions.

    4. If it is not possible to accommodate the work load using items A, B, and C above, the department manager may recommend that an employee be assigned to work out-of-classification.

    5. If an employee feels he or she is working out-of-class, he or she should discuss it with his or her immediate supervisor.

  5. STANDARDS
    1. Employees whose job specifications require that they act in the absence of the next level of supervision are not included under this policy. When in the past this standard has been waived, it will continue to be waived and the employee will receive the out-of-class pay as provided in this Article.

    2. Individuals hired specifically to temporarily fill a position vacancy due to illness, vacation, or leave of absence are excluded.

    3. Individuals appointed to work out-of-classification will be selected using the same standards as a promotion and must meet the minimum qualifications of the position to be filled. The City will rotate out-of-classification opportunities of longer than thirty (30) calendar days duration when more than one interested employee, within the chain of command and where the opportunity arises, meets the minimum qualifications (the parties agree that, if the assignment is longer than thirty (30) calendar days, the assignment shall be rotated from the beginning). It is agreed by the parties that the phrase "within the chain of command" means those traditional classifications in one or more work units and in one or more divisions from which the City has drawn employees when an out-of-class opportunity arose in the past.

    4. If an Assistant Recreation Leader or a Recreation Coordinator is teaching a class or supervising a seasonal program and/or conducting a scheduled activity, the City may exempt such parties from this rotation during the life of the class, activity, and/or program, as long as such exemption does not exceed nine (9) weeks. When such an exemption is made by the City, then the employee(s) exempted shall be given priority to rotate at the next available opportunity.

    5. In those rare instances when no employee within the department meets minimum qualifications for the position, eligibility will be based upon possession of the greatest number of standards related to minimum qualifications. Appointments in this case shall be limited to temporary vacancies due to leave, illness, etc., and shall be limited to 30 calendar days.

    6. The employee must be capable of handling the major duties of the position without any more supervision or instruction than that which would be necessary if the person being replaced was working.

    7. The mere doing of certain portions of the higher position or only performing the less difficult parts until the position is filled is not work out-of-class.