Non-Management Classification Appeals
Frequently Asked Questions

I received notice that my reclassification request was denied. I am considering appealing. What are my options?

You have two options:

  • You can accept the decision and resubmit your job description for review when your duties change significantly, or if six months have elapsed since this review. (See the Non-Management Classification Directives.)

  • You can formally appeal by requesting your Ministry’s Human Resources Director review the decision. You must send a written request via e-mail or formal letter within 5 working days of receiving the reclassification decision. This is Step 1 of the appeal process, also known as the Departmental Review.

I have completed Step 1 of the Appeal Process (Departmental Review). I wish to proceed to Step 2, the Classification Appeal Board (CAB). What is the Classification Appeal Board?

The Classification Appeal Board provides an independent third party review of the classification decision made. It is a quasi-judicial process established to provide administrative fairness, and provides a final and binding decision. The appeal board is comprised of three members: a Chair, a union representative (if the class requested is within the bargaining unit), and an employer representative (two employer representatives if the class requested is opted out or excluded from the bargaining unit).

You may formally appeal to CAB by submitting a CAB I form to CAB within 15 working days of receiving a Departmental Review decision.

Where can I find information on appealing and who can I contact?

You can find information about the appeal process on PSC’s website. Once you have formally appealed, the first contact should be your Human Resources Consultant (HRC). He or she can provide you with information related to classification, the appeal process, and explain the classification decision in detail.

What can I appeal and what can’t I appeal?

As an employee you have the right to appeal the classification of your position to any management or non-management class.

You cannot appeal:

  • guide charts

  • the evaluation of established benchmarks

  • the evaluation of positions that are not benchmarks

  • stream definitions

  • your personal qualifications

  • compensation issues

  • to a class that does not exist within the current GoA classification plans

Information on what can and cannot be considered can be found at: Non-Management Classification Directives.

There are several identical positions in my unit that share the same job description and recently were denied a reclassification request. I want to appeal—do they have to appeal as well?

No, they do not have to appeal. In this situation, it is recommended that you contact AUPE to discuss the implications. If your appeal request is granted, depending on the reasons, it may have an effect on the identical positions.

If my position is a benchmark, am I still able to appeal my position’s classification?

Yes, you can appeal. All employees have the right to appeal the classification of their position. Each position will be reviewed on its own merits. However if your position is highly comparable in its responsibilities to the benchmark, you must demonstrate how your position is different from the benchmark. You still must provide an analysis and explanation as to how your work is noticeably different from the benchmark of your current class, and how your duties align with the benchmarks at the higher level requested. It is possible that the appeal review could result in different points being assigned to your position than the benchmark. Please contact your HRC if you have any questions.

Where do I find appeal forms? Once I have sent them to CAB, when can I expect my appeal to be scheduled?

Your appeal will be scheduled at least two months after you have submitted the CAB I form PDF icon to CAB.

When should I contact the union in the classification appeal process?

You can contact AUPE at any time. Your HRC can assist you in understanding the classification guide charts and benchmarks. When you are ready to write your appeal brief that will presented in front of CAB, you may contact your union representative to obtain guidance to preparing your analysis and presentation.

What can I expect at the hearing? How do I prepare?

CAB is a formal process and it is the Board’s expectation that you have a written appeal brief to present at the hearing. Your HRC will assist you with understanding the appeal process and the classification plan (PREP). PSC’s website also outlines the process and has many resources to assist you in preparing your appeal briefing. Your AUPE representative may assist you with the written appeal brief.

Who will be at the hearing? Who will be presenting?

The 3-member Board will preside over the hearing, and other attendees include the HRC representing the ministry, his/her resource, and you and your resource. You choose your resource person, who could be an AUPE representative, a co-worker, or any non-management employee. There may also be observers, who have received permission in advance to be at the hearing. You or your resource and the HRC will present at the hearing.

My job duties have changed since I appealed. Can CAB consider the new duties?

Only those responsibilities/duties at the time you submitted your job description for review will be considered at the appeal – no additions or deletions. The same also applies if your branch has undergone an organizational re-structuring; CAB can only consider the Organizational Chart that was in place at the time you submitted your job description for review.

I have transferred to a new position within the GoA, leaving behind an unfinished appeal of my old position. Can I still appeal?

Yes, because the results of the appeal may affect your classification and pay at your new position. However, if you leave the GoA entirely, you do not have the right to appeal.

I’m not ready to present my appeal. Am I able to change my appeal hearing date?

If you must postpone your appeal date, obtain consent from your HRC, then make a written request to the Board secretary with a copy to the HRC. The Chair will review the request and advise if the postponement is granted. There are no guarantees, as the reason may not be acceptable or the Board’s schedule may be unable to accommodate your request.

After the hearing, when can I expect the decision?

The Classification Appeal Board Chair will provide a final and binding decision in writing within two weeks of the hearing. Copies will be sent be sent to your ministry’s Human Resources Director and AUPE (if applicable).

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Last Review / Update: 2017-09-14

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