Section One. The procedure set forth in this Article supersedes the provisions of Section 5-200(n) C.G.S.

Section Two. The Union but not any employee shall have the right to appeal in writing by submitting data, views, arguments, or a request for a hearing relative to reevaluation of a class or classes of positions allocated to the State Compensation Plan. Within sixty (60) days after the receipt of such written data or holding the requested hearing, the Commissioner of Administrative Services or his/her designee shall answer the appeal.

Section Three. The Commissioner shall judge the appeal only with respect to the following criteria:

(a) Whether there was a change in job duties of the class appealed substantial enough that it should have the effect of changing its compensation grade. The Commissioner will not look to changes which occurred prior to the effective date of this Agreement.

(b) Having found a substantial change in job duties, then internal consistency among classes covered by this Agreement based on benchmark classes established by the Commissioner and published as soon as practical after the effective date of this Agreement shall be considered.

Section Four. In any arbitration case arising from such appeal, the mutually agreed upon arbitrator or permanent umpire, who shall be experienced in public sector position classification and evaluation, shall base his/her decision on the criteria set forth in Section Three above. Pay comparability for equal work in other jurisdictions or outside the scope of this Agreement shall not be a basis for the arbitrator’s or umpire’s decision hereunder. However, the arbitrator may consider pay comparability for equal work in similar occupational areas of employment in the executive branch of the State.

Section Five. Nothing in this Article shall be deemed to prevent the State from instituting a class reevaluation on its own initiative. The Union will be given a two (2) weeks notice prior to a class reevaluation. Any dispute shall be subject to arbitration in accordance with this Article.

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