230.0 VII-9.00 - POLICY ON IMPLEMENTATION OF PHASE I-NONEXEMPT OF THE UMS PAY PROGRAM
 
  (Approved by the Board of Regents, EFFECTIVE July 1, 1996.
  (Amendments approved by the BOR February 2, 1996).  Please refer to
  the "replacement for" section of this policy.)
 
 
  I.   Purpose and Applicability
 
       This policy outlines and guarantees the continuation of
       coverage of certain existing human resources policies and
       procedures for certain UMS employees.  This policy applies
       only to those employees who were employed by the UMS prior
       to April 1, 1995, whose job class or job group changed
       because of the implementation of phase I-Nonexempt of the
       new UMS Pay Program and related policies.
 
  II.  IMPLEMENTATION
 
       A.   Salary
 
            No employee shall experience a reduction in current
            base salary because of implementation of the UMS Pay
            Program.  Salaries shall be administered pursuant to
            the Policy on Salary Structure Adjustment and the
            Impact on Salaries.
 
       B.   Layoff
 
            No employee shall be laid off or terminated because of
            implementation of the UMS Pay Program.
 
       C.   Retirement Programs
 
            Employees holding exempt-classified positions or
            nonexempt-classified positions at the time of
            implementation of the UMS Pay Program and whose
            positions are changed to the job group of exempt --
            managerial, administrative and professional staff shall
            have the option of remaining in the Maryland State
            Retirement and Pension Systems (MSRPS) or of electing
            to enroll in an Optional Retirement Program at any
            time.  However, once an employee has made this election
            it is permanent, and the employee may not thereafter
            return to either the MSRPS retirement or pension
            system.
 
            Employees whose designation was associate staff,
            unclassified staff, academic administrative staff, or
            administrative personnel at the time of implementation
            and whose positions are changed to the job group of
            nonexempt -- maintenance, office, service, and
            technical staff shall no longer be eligible, under
            state law, to participate in an Optional Retirement
            Program.  All contributions to the ORP shall be vested
            with the employees.  Employees shall be eligible to
            participate in the MSRPS Pension System.
 
       D.   Length of Service Payments
 
            Length of service payment for employees with 25 years
            of UMS service shall be discontinued under the new UMS
            Pay Program.
 
            Effective with the implementation of the pay program,
            employees who are currently receiving length of service
            payments shall have the payment considered as part of
            the base salary in determining placement in the new
            salary structure.
 
  III. VESTING (Grandfathering)
 
       Vesting, for purposes of this policy, is defined to be the
       continued application of certain policies to a nonexempt
       employee.  This vesting shall cease when the employee
       accepts a promotional transfer or reclassification to the
       exempt group   After that time, the employee shall be
       governed by all policies and procedures applicable to
       her/his new job class and new job group.
 
       A.   Layoff
 
            Employees whose job class or job group category is
            changed upon implementation of the UMS Pay Program
            shall not lose coverage under policies governing layoff
            and reinstatement that were applicable to their job
            class or job group immediately prior to the change.
 
       B.   Termination
 
            Employees whose job class or job group is changed upon
            the implementation of the UMS Pay Program shall not
            lose coverage under policies governing termination for
            cause that were applicable to their job class or job
            group prior to the change.
 
       C.   Probation
 
            Employees who have completed a probationary period for
            the position they held at the time of implementation
            shall not serve another probationary period if the job
            class of the position is changed to another job class
            or job group because of implementation of the UMS Pay
            Program.
 
            Employees serving a probationary period at the time of
            implementation of the UMS Pay Program shall complete
            the period of probation according to the original
            schedule. Probationary periods in process at the time
            of implementation shall not be extended as a result of
            a job class or job group change.
 
       D.   Annual Leave Accrual Rates
 
            Employees whose job class or job group is changed upon
            implementation of the UMS Pay Program shall not lose
            any current annual leave balance because of a change in
            annual leave accrual rate.
 
            1.   Employees with less than 20 years of service and
                 whose designation was associate staff,
                 unclassified staff, academic administrative staff
                 or administrative personnel at the time of
                 implementation and whose positions are changed to
                 the job group of nonexempt shall continue to earn
                 22 days of annual leave until they reach 20 years
                 of service.  On the 20th year they shall start
                 earning annual leave at the rate of 25 days per
                 year.  Employees with 20 or more years of service
                 at the time of implementation shall earn annual
                 leave at the rate of 25 days per year.
 
            2.   If there is a change to an employee┌s position
                 through promotion or transfer to the exempt group
                 the employee shall be governed by annual leave
                 policies and procedures applicable to her/his new
                 job class and new job Group.
 
       E.   Grievance Procedures and Special Action Appeals
 
            Employees whose job class or job group is changed upon
            implementation of the UMS Pay Program shall not lose
            any grievance and appeal rights or access to the
            grievance and/or the special action appeals processes
            that were available to them and in effect for their job
            class or job group prior to the change.
 
  IV.  Special Job Class Review Process Upon Implementation of UMS
       Pay Program
 
       A.   A special job class review process has been established
            for use during implementation of the UMS Pay Program.
            Within 60 calendar days (filing period) following
            receipt of notice of job class assignment in the new
            UMS Job Class Specifications Program, an employee may
            request a review of the decision of his/her position's
            job class assignment.
 
       B.   The employee shall submit a request for review, in
            writing, to the appropriate administrator in the
            institution's Office of Human Resources/Personnel with
            a copy to his/her immediate supervisor.  The basis for
            all such reviews shall be that the job class to which
            the employee's position has been assigned is
            inconsistent with the position's current primary duties
            and responsibilities. Using a current position
            description and information contained in the job
            specification summary for the job class to which the
            position has been assigned, the employee shall provide
            detailed reasons for disagreement with the job class
            decision.
 
       C.   A designated individual from the Human
            Resources/Personnel Office shall hold a meeting with
            any employee(s) requesting review as soon as
            practicable for the purposes of information gathering.
            The designated individual shall respond in writing to
            the employee with a final determination as soon as
            practicable following the meeting.
 
       D.   Upon receipt of notification of the final determination
            of the review referred to in IV.C. above, the employee
            will be eligible to use grievance processes that were
            available and in effect for the job class or job group
            prior to the change.
 
       E.   Anticipated completion date for resolution of all
            reviews under the Job Class Review process is six
            months from  end of the filing period.
 
       F.   Applicable salary increases due to employees as a
            result of such reviews shall be retroactive to the date
            of implementation, as well as any other adjustments
            made as a result of COLA/increments.
 
  V.   Miscellaneous
 
       Any human resources, salary, or benefits administration
       issues related to employees whose job class or job group
       changed because of the implementation of the new UMS Pay
       Program that are not expressly mentioned and vested by
       virtue of this policy shall be governed by all policies in
       effect and applicable to the employee's new job class and/or
       new job group.
 
  IMPLEMENTATION PROCEDURES:
 
       Each Chief Executive Officer shall identify his/her
       designee, if appropriate, for this policy; shall develop
       procedures as necessary to implement this policy; and shall
       forward a copy of the procedures to the Chancellor.
 
  Replacement for:
 
       The following policies as they apply to non-exempt employees
       of the UMS only are replaced effective July 1, 1996.
       However, Exempt employees will continue to be
       covered under such applicable existing policies until such
       time as revised policies governing Exempt employees are
       approved:
 
       UM Personnel Policies and Rules for Associate Staff,
       Employment Standards for Associate Staff, Paragraph P.
       Change in Employment Category, page 39.
 
       Bylaws, Policies and Procedures of the BOR-UMS, VII-1.00,
       Interim University System Policy on the Appointment and
       Employment of Administrative and Classified Personnel,
       Section IV. 12-111 Appointments; classified employees, pages
       VII-1.00-4, VII-1.00-5;
       VII-4.61 Policy on Length of Service Payment for Classified
       Employees, page VII-4.61-1.
 
       Laws Relating to and Governing Policies and Procedures of
       the BTSUC, Section VI, Administrative Officers, Paragraphs
       B. Transition of Professional Positions from Classified to
       Unclassified Status, C. Appointment, page VI-1.
 
       Additionally, this policy supersedes, in whole or in part,
       any policy(ies) and/or procedure(s) established by the
       Regents, Trustees, Presidents, or their designees, of the
       former institutions of the University of Maryland, and of
       the former State Universities and Colleges, and of the
       Regents of the University of Maryland System that are in
       conflict with this policy's purpose, applicability, or
       intent, that may have been overlooked and not included as a
       specific citation under "Replacement for."