MAP Guide - Appeals & Occupational Band Definitions

Appeal Procedures
Occupational Band Definitions

  Appeal Procedures

The following appeals procedure is the sole and exclusive method of resolving disputes concerning the MUS Achievement Program (MAP) unless otherwise agreed to through the collective bargaining process.

If the employee is a member of any bargaining unit and wishes to file an appeal, the bargaining agent should be contacted as soon as possible. It is the employee's responsibility to contact the bargaining agent.

An appeal is defined as any controversy between an employee and the employer involving:

a. A performance review that results in a "Does Not Meet Expectations" rating; and
b. The denial of Achievement Pay as a result of a "Does Not Meet Expectations" performance review rating.
c. Failure of an employee's supervisor to complete the following: Performance Plan, Checkpoint Review, or Performance Review.

Such appeals must be filed within ten (10) working days from the deadline set for completion of the activities.

The following subjects cannot be appealed:
  • Assignment of a position to a job title.
  • Performance Plan, including but not limited to the development and revision of goals;
  • Results of the Checkpoint Review;
  • Award of a Lump Sum Bonus, Progression Pay, or Strategic Pay;
  • An employee's compensation and/or salary increase in comparison to other employees;
  • Another employee's compensation level and/or salary increase amount.

STEP 1: Within ten (10) working days of notice to the employee of a "Does Not Meet Expectations" rating and denial of Achievement Pay or within ten (10) working days of set deadlines for activities as listed in item c, the appeal shall be presented in writing to the Human Resources representative. The appeal shall include, at a minimum, a clear explanation of the controversy and the requested remedy. A copy of the written appeal shall be sent to the employee's immediate supervisor and the appropriate supervisor's supervisor.

If the employee filing the appeal is included in a bargaining unit, the employee may request the bargaining agent to present the appeal.

The Human Resources representative shall have fifteen (15) working days from the final designated date of the Performance Review phase of the Performance Development Cycle to provide a written response to all appeals.

STEP 2: If the appeal is not satisfactorily resolved at Step 1, the employee (and union representative, if applicable) may appeal the Step 1 decision to the University Performance Development Program (PDP) Appeals Board within five (5) working days of receipt of the Step 1 response. The appeal shall be in writing and submitted to the Human Resources representative who will notify and convene the appeals board, and shall include the Step 1 written response.

There shall be two University PDP Appeals Boards: one representing all campuses of The University of Montana, and the second representing all campuses of Montana State University.

Each University PDP Appeals Board shall consist of six (6) members, including three (3) staff members and three (3) administrators. Four (4) alternate members (i.e., two (2) staff and two (2) administrators) shall also be appointed to serve on the Board in the event of a conflict of interest or unavailability of a Board member.

The Human Resources representative at affiliated campuses and the Montana Public Employees Association (MPEA) MUS business agents shall appoint members of the University PDP Appeals Board. Human Resources representatives will appoint three (3) administrators; and the MPEA MUS union bargaining agent, in consultation with other bargaining agents, will appoint three (3) staff members. Alternates shall be appointed in the same manner.

Members and alternates of the University PDP Appeals Board shall remain on the Board for two (2) complete Performance Development Cycles.

An employee or the appropriate bargaining agent and the employer shall have the opportunity to disqualify one member of the University PDP Appeals Board. A member of the University PDP Appeals Board who believes s/he has a conflict of interest shall excuse him/herself from the hearing. The appropriate alternate will fill the vacancy created by a disqualification.

The University PDP Appeals Board shall have fifteen (15) working days to convene and consider all appeals. A written decision of the Board shall be rendered within five (5) working days of the hearing. Decisions of the Board will be determined by majority vote. A tie vote will sustain the supervisor's decision. Board members may express a minority opinion.

STEP 3: The employee or bargaining agent, if applicable, shall have five (5) working days to appeal the Step 2 decision if no satisfactory resolution has occurred. The appeal shall be made in writing to the Commissioner of Higher Education.

The Commissioner will appoint three (3) management members from among employer-appointed representatives on the Montana University System (MUS) Labor-Management Committee (LMC). The MPEA MUS bargaining agent will consult with non-union staff representatives on the MUS LMC and other union bargaining agents in order to appoint three (3) staff members from among the staff representatives on the MUS LMC, the Montana State University (MSU) LMC and/or The University of Montana (UM) LMC. Two (2) alternate appeals committee members will be appointed, one by the Commissioner and one by the MPEA MUS representative, as specified above.

Appeals committee members and alternates will serve a two-year term.

The employee or bargaining agent and employer may disqualify one member of the appeals committee. A member of the MUS PDP Appeals Board who believes s/he has a conflict of interest shall excuse him/herself from the hearing. The appropriate alternate will fill the vacancy created by a disqualification.

A majority of committee members must concur in any decision to overturn a supervisor's decision. If the committee is unable to reach a majority decision, the supervisor's decision will be sustained.

The MUS PDP Appeals Committee will meet within fifteen (15) working days of receipt of the appeal(s) and will render a decision within five (5) working days of meeting. The decision of the MUS PDP Appeals Committee is final and binding.

  Occupational Band Definitions

Health Services Band
Positions in this band perform technical and/or professional functions related to medical, environmental, and personal health and fitness within the University System. Positions include dental hygienist, clinic aide, dentist, physician, nurse, pharmacy technician, psychologist, radiological technician, and occupational safety/health specialist. This band includes health professional and paraprofessional positions that require the use of skills and knowledge not generally transferable to other lines of work. The University Support Services Band more appropriately describes support and clerical staff servicing these units.

Information Technology Band
The primary role of positions in this band is to perform technological functions for departments, offices, and campus in general, performing a wide variety of duties linked together by their impact on information technology. Positions in this band may perform work related to design, installation, implementation, and operation of technology resources, and the knowledge required is technical in nature. Positions include Computer Support Specialist, Computer Systems Analyst, Network and Computer Systems Administrator, Network Systems/Data Communication Analyst, and Data/Research Analyst. The University Support Services Band more appropriately describes support and clerical staff servicing these units.

Professional Band
Positions in this band are nationally recognized professions. Positions perform complex and critical services that require extended in-depth knowledge and education in a specific professional area such as Law, Architecture, or Engineering. Positions require advanced learning acquired by a prolonged course of specialized intellectual instruction, as distinguished from general academic education, apprenticeships, or training. Professionals' work frequently involves theoretical, analytical, and intellectual processes which cannot be standardized in relation to a given period of time (i.e., are not time-bound). Additional examples of positions in this band include curator, executive chef, librarian, and teacher.

Research Band
Positions in this band perform technical or professional level research-related functions in either lab or field settings within the University System. Duties and tasks run the gamut from repetitive and routine to analytical and evaluative. Positions could be following protocols with little derivation from what is expected, or they could be designing the protocols and guiding the research. Positions in this band include research assistant, lab animal caretaker, and lab animal technician. The University Support Services Band more appropriately describes support and clerical staff servicing these units.

Specialist Band
This band encompasses positions that provide a unique service or fulfill a specialized role within their work unit, department, or the institution. Positions in this group typically have specific and extended training in their areas of expertise. Skills and knowledge are usually only transferable to the same line of work and to a comparable unit or workplace.

For example, a costumer would most likely move from theater to theater rather than from theater to the Engineering department or the Bookstore. Knowledge is limited in scope and may vary in depth dependent upon position's level of responsibility.

Because of the unique or specialized nature of a position, individuals usually operate with limited guidance and supervision. The limited guidance/supervision typically occurs because: a) the position is unique within the work unit due to the specialized knowledge required (e.g., sign language interpreter); b) the creative nature of work performed (e.g. , accompanist); or c) the extensive depth of knowledge and expertise required within a specific body of knowledge (e.g., financial aid specialist).

Additional examples of positions in this band include police patrol officer and academic advisor.

University Support Services Band

This band contains a wide range of positions, all of which provide a service to their work unit, department, or the University. The "service" may take the form of direct interaction with customers (students, co-workers, other campus offices/departments, external customers, faculty, or staff) or performance of manual tasks or tasks that require the use of various tools, equipment, and machines.

The band encompasses positions at various levels of expertise. Entry-level positions in this band typically are able to learn required skills and knowledge. Higher-level positions within the band typically require technical, analytical, and evaluative skills as well as increased proficiencies and knowledge of the University, department/office, work unit. Skills acquired and utilized in these positions are generally transferable to other agencies, departments, or careers. For example, custodial work can be performed in Facilities Services or an external organization.

Supervisory positions within the band typically include responsibilities over positions requiring the same technical and service knowledge and skills. Supervisors must possess strong technical and service skills, as well as supervisory abilities. If an individual is initially hired in a supervisory role, the individual will be expected to become proficient in the technical and service tasks/responsibilities.

Management positions within this band require expertise in overseeing personnel and financial resources. Positions at this level may be hired for their managerial knowledge and experience, rather than their technical skill.



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