MnSCU Classification Appeal Procedures
#STG0009

Purpose: To clarify the classification appeal process for all classified and MAPE/MMA unclassified positions.

Affected Campuses: All MnSCU campuses and the Office of the Chancellor.

Authoritative References: Minnesota Statutes 43A.07; 43A.08; DOER Administrative Procedure #7; applicable provisions of collective bargaining agreements with AFSCME, MAPE, MNA and MMA and the Commissioner's and Managerial Plans.

Required Form(s): None

Responsibility for Implementation: It is the responsibility of the college president, in concert with the human resources director, to assure that the requirements of the relevant collective bargaining agreements/plans and these provisions are met.

General Provisions:

What is an appeal? An appeal is a written protest of the class determination made for an individual position. An appeal of a position allocated to a classification for which MnSCU, Office of the Chancellor or the campus HR Office makes the final determination should be referred to MnSCU Staffing Division. All other appeals should be directed to the Commissioner of Employee Relations. Appeals handled by DOER will follow DOER procedures. An appeal may dispute:

• the classification determination,
• the determination of the type of reclassification (reallocation vs. change in allocation),
• the classified service/unclassified service designation, or
• all of the above.

Who can appeal? The incumbent or any level of supervision for the position affected by the classification determination may appeal through the college or university HR office. An employee may choose to send the appeal directly to MnSCU.

When must an appeal be made? An appeal must be submitted, in writing, within 30 calendar days of the date of receipt of the Final Classification Notice OR within 30 calendar days from the date the employee is notified of the determination, whichever is later.

What information should be included in an appeal? An appeal must include:

• new information which was not provided with the initial request; and/or
• clarification of information presented in the initial request. (This may be necessary because an analysis of the rationale provided for the classification determination identifies that previously presented information was unclear, misleading or misunderstood by DOER or the MnSCU account representative.)

When is an appeal not acceptable? An appeal is NOT appropriate if :

• it merely expresses disagreement or unhappiness with a determination;
• there is no new or clarifying information;

All Appeals Decisions are Final.

Appeal Procedure and Responsibility:

Responsible Party

Employee, Supervisor or Campus HR

Action

• Determine need to appeal class determination.
• Gather new information or clarifying information.

Campus HR

• Review for campus-wide implications and forward to MnSCU or DOER with any desired comments.

Assigned MnSCU Account Representative

• Review and determine if the appeal provides new or clarifying information.
• If new information or clarifying information is NOT presented, deny the appeal citing the reasons for the determination and notify campus HR.
• If new information has been provided, determine if it relates to the key allocation factors for the requested class. Revise original classification determination if supported by appeal, and notify the campus HR office. NOTE: If no change in determination is anticipated, the appeal will be assigned to another staffing representative for independent review and final determination.
• Review the request and documentation. Conduct field audit if necessary, at discretion of MnSCU Personnel. Revise, or uphold the original audit determination, as appropriate, and notify the campus HR office.

Campus HR

• Communicate determination to employee and/or supervisor and process any changes.

NOTE: When a determination is revised based on the submission on new information provided on an appeal, the "date properly documented request received" on which back pay calculations are based will be determined by MnSCU Personnel or DOER.