N.Y. Comp. Codes R. & Regs. tit. 22 § 25.41

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.41 - Review procedure for classification established by the May 28, 1979 classification plan

An employee aggrieved by the classification of his or her position in the classification plan established effective May 28, 1979, including the allocation of his or her position to a salary grade, may seek review as follows:

(a) The employee or the employee's representative shall submit a written notice of an intention to appeal the classification to the Chief Administrator of the Courts within 60 days of his or her receipt of notice of the classification. The Chief Administrator shall notify each employee or representative who files a notice of intention to appeal of the date on which the appeal must be perfected, provided that the employee or the representative shall have at least 30 days to perfect the appeal. An appeal shall be perfected by the submission of a written statement on the basis of the appeal, together with any supporting papers. The Chief Administrator shall review these statements, make any required adjustments, and notify the employee of his or her action.

(b) If the appeal has not been resolved to the satisfaction of the employee, the employee or the employee's representative may then appeal to the Classification Review Board within 60 days of receipt of notice of the action of the Chief Administrator of the Courts. This review board shall consist of three members, one appointed by the President of the State Civil Service Commission, one appointed by the State Comptroller, and a chairman, to be appointed by the Chairman of the Public Employment Relations Board. The Classification Review Board shall determine each appeal. The Classification Review Board shall consider all material submitted by the employee or the employee's representative, and shall send a copy of this material to the Chief Administrator, who shall be given a reasonable opportunity to respond. The Classification Review Board may, in its discretion, hold a hearing with relation to any aspect of any appeal.

(c) Any employee organization may bring an appeal pursuant to this procedure on behalf of any member or group of members.

(d) The Classification Review Board shall have jurisdiction to review appeals only from classifications and allocations determined pursuant to the classification plan established as set forth in subdivision (a) of this section.

(e) A determination of the Classification Review Board shall constitute an administrative order; subject, however, to review in a proceeding brought by either the employee, an employee organization, or the Chief Administrator pursuant to article 78 of the CPLR.

(f) This section shall apply only to appeals pending before the Classification Review Board as of the effective date of this subdivision [January 1, 1987].

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.41