ARTICLE 40
JOB EVALUATION APPEALS

40.01 Purpose

The purpose of the Job Evaluation Appeals process is to provide a method of resolving appeals relating to the evaluation of positions and/or the allocation of positions to job families under Article 39. It is not the intent of the Appeals process to address minor changes to job duties or concerns relating to the content of job descriptions. An appeal may be submitted where an employee or Department Head believes an evaluation does not reflect current job duties or the allocation of a position to a job family is in question.

40.02 Job Evaluation Appeals Procedure

(a) Appeals by an employee or Department Head shall be initiated in writing within sixty (60) days from the date of the most recent evaluation of the position. Appeals shall be submitted to the AVP(HRS), with copies to the immediate supervisor, employee and the Department Head (as the case may be). Human Resource Services shall forward a copy of the appeal to the Chair of the Job Evaluation Appeals Committee (JEAC). The written appeal shall include the reasons for the appeal and any corroborating information.

(b) The AVP(HRS) (or designee) shall, within twenty (20) days from the date of submission of the appeal, reply in writing to the appellant. The reply shall state either (1) the reasons for success or failure of the appeal, or (2) the name of the job analyst with whom the appellant is to meet on the matter.

(c) The job analyst shall tender a report within sixty (60) days of receipt of the appeal. The report shall be submitted to the AVP(HRS). Within five (5) days of receipt of the job analyst's report, the AVP(HRS) shall write to the parties to the appeal, stating the reasons for the success or failure of the appeal.

40.03 Advancement of Appeals

Where the appellant is dissatisfied with the response of the AVP(HRS), the appellant shall, within twenty (20) days of the written reply file a written appeal to the Chair of the JEAC. The appeal must include: (1) the original documentation submitted under 40.02, and (2) the response by the AVP(HRS), and (3) any additional information the appellant may wish to provide. The appellant shall provide copies of the notice of appeal and any additional information submitted under 40.03 to the AVP(HRS). If the employee chooses, the employee may request the assistance of a representative of NASA.

40.04 The Job Evaluation Appeals Committee (JEAC)

(a) Composition: The JEAC shall consist of five designated members:

(1) two (2) members appointed by the Vice-President (Finance and Administration)
(2) two (2) members appointed by NASA, and
(3) a Chair mutually agreed to by the Vice-President (Finance and Administration) and NASA
(4) each party may appoint up to three (3) alternate members

(b) Terms of Reference: The JEAC shall operate within the following terms of reference:

(1) The Committee shall consider all appeals. It has the power to amend the evaluation of a position. Further, the Committee has the power to allocate a position to a job family, provided that the allocation does not modify the structure or organization of the job families.
(2) The Committee shall have the power to:
(i) set its own procedure;
(ii) set the place, date and time for a hearing;
(iii) determine the admissibility of any information brought before it, and
(iv) seek whatever necessary information or clarification from involved persons including, but not limited to:

- the Department Head or designee,
- the employee,
- the employee's supervisor(s), or
- Human Resource Services.

(3) Notwithstanding 40.04(b)(2)(ii), the Committee shall hold a hearing within twenty (20) working days from the date of receipt of the appellant's written appeal under 40.03.

(4) The Committee shall give all parties concerned full opportunity to present and rebut information at the appeal hearing.

(5) The decision of the majority of the Committee members shall be the decision of the Committee. Where there is no majority decision, the decision of the Chair shall be the decision of the Committee.

(6) The Chair of the Committee shall, within ten (10) days from the date of the hearing under 40.04(b)(3), render the written decision of the Committee of which a copy shall be forwarded to the employee, the Department Head, the AVP(HRS), and NASA, if representing or assisting the employee. The Chair's response shall include the reasons for and rationale behind the Committee's decision. The decision shall be final and binding on the position under appeal and be without prejudice to any other positions.

(c) Training: All members shall be trained in the University of Alberta's Job Evaluation Plan.

40.05 Modification of Time Limits

The time limits fixed in this Article may be altered by mutual consent in writing of:

(a) the appellant and the AVP(HRS), in the case of 40.02,
(b) the appellant and/or Human Resource Services and the Chair, JEAC, in the case of 40.03.

Such consent shall not be unreasonably withheld.

40.06 Subsequent Appeals

Where the JEAC has heard an appeal under 40.04, the Committee may refuse to accept another appeal of an evaluation or job family allocation for the same position within one year from the date of the Committee's original decision.

40.07 Limitations

This Article shall not apply to Apprentices.