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Board of Regents Policy 9.215 Board of Regents Policy 9.215



Title

Excluded Administrative, Professional and Technical (APT) Employees’ Personnel Policies

Header

Regents Policy Chapter 9, Personnel
Regents Policy RP 9.215, Excluded Administrative, Professional and Technical (APT) Employees’ Personnel Policies
Effective Date:  Apr. 22, 2005
Prior Dates Amended:  June 20, 1986; Oct. 31, 2014 (recodified)
Review Date:  August 2019

I. Purpose

To set forth personnel policy regarding excluded administrative, professional and technical (APT) employees.

II. Definitions

No policy specific or unique definitions apply.

III. Board of Regents Policy

The following policies shall govern the personnel system for those APT employees excluded from their bargaining unit due to responsibilities which concern confidential matters affecting employee-employer relations.

A. Introduction

    1. Purpose/Applicability. These policies are available to administrative, professional, and technical (APT) employees classified and compensated in accordance with the collective bargaining unit as designated in Section 89-6, Hawai‘i Revised Statutes (“HRS”), due to responsibilities which concern confidential matters affecting employee-employer relations.

    Excluded administrative, professional, and technical (APT) employees covered by these policies shall be accorded and benefits no less than enjoyed by APT employees included in the appropriate bargaining unit, with the exception of union representation.

    2. Authority. These policies are established pursuant to the university granted to the board by Article X, Section 6 of the Constitution of the State of Hawai‘i, and by Chapter 76-16(11), 304-11, and 304-13, HRS.

    3. Review. These personnel policies shall be reviewed coincident with the review of the bargaining unit 08 unit (i.e. contract negotiations), by a committee recommendations shall be transmitted to the board for its approval.

    4. Implementation. The president shall be responsible for the implementation and observance of these policies by all personnel of the university. Exceptions to the board policies contained herein may be made only upon consultation with the board.

B. Classification and Compensation

    1. Classification

        a. The university shall maintain an APT classification plan applicable to all APT positions, included or excluded.

        b. Positions shall be classified in accordance with established criteria for the maintenance of the APT classification plan.

    2. Compensation

        a. Employees shall be compensated in accordance with the established APT Compensation Plan (Ref: Administrative Procedure A9.210.)

    3. Salary Administration

        a. Initial salary placement and subsequent salary adjustments shall be in accordance with university policies and procedures. (Ref: Administrative Procedure A9.210.)

C. Conditions of Service

    1. Employment security

        a. All employees who have satisfactorily completed three (3) years of continuous creditable APT service shall be given employment security and shall have reemployment rights to excluded positions.

        b. Creditable service shall not include periods of leave without pay. Leaves without pay shall not, however, constitute breaks in service.

    2. Employment rights

        a. Employment preferences for excluded APT positions shall be given to employees covered by these policies who meet the specified minimum qualification requirements.

        b. Employees who have reemployment rights and (1) have an appointment with a specified end date or (2) are notified of impending termination due to lack of work or funds or need shall be eligible to apply for excluded position vacancies which occur during the 60-day period prior to the end of their appointment period. These employees shall be provided the following information in the written notice of termination: (1) effective date of termination, that is, close of business date, (2) notice of priority 1 status, (3) notice when priority 2 status becomes applicable, and (4) instructions on applying for vacancies including the employee’s obligation to self-identify as having priority status when applying for excluded position vacancies. The appointing or designee shall offer to meet with the employee about to be terminated to discuss the employee’s preferential selection under priority status.

        c. Employees who are discharged for proper cause which discharge is upheld, or not contested, or who are terminated for substandard performance, or who resign their positions shall not be eligible to exercise any employment rights in this section.

        d. When filling excluded APT positions, and upon application, the order of preference shall be as follows:

            (1) Priority 1: Employees with employment security who are being relieved or terminated because of lack of work or other legitimate reasons, who meet the minimum qualification requirements of the position, shall have preference for a vacancy in the same or lower pay band as the position from which the employee is being relieved or terminated.

            (2) Priority 2: Employees with employment security who have been relieved or terminated because of lack of work or other legitimate reasons, who meet the minimum qualification requirements of the position, shall have preference for a vacancy in the same or lower pay band as the position from which the employee was relieved or terminated, for a period of eighteen (18) months from the date of separation.

            (3) Priority 3: All other excluded APT employees.

        e. An excluded employee who is employed or reemployed in a new position shall serve a new six (6) months probationary period, which may be extended an additional six (6) months by the employer. A reemployed employee shall not forfeit the original reemployment rights if separated during the employee’s probationary period, unless dismissed for cause.

        f. Within thirty (30) days from the effective date of the new appointment, the employee may request in writing to the appointing authority to return to the employee’s former position, provided that: (1) the employee has employment security, (2) the employee held a permanent position immediately prior to the new appointment, (3) the employee’s former permanent position is available for filling, and (4) the employee receives written approval of the appointing authority for the position to which the employee seeks to return.

    3. Layoffs

        a. The term “layoff” shall mean a termination due to lack of funds or work, of an employee whose salary is paid from the general revenues of the State of Hawai‘i or from funds deemed by the university to be assured for an indefinite period of time. It shall not apply to terminations at the end of an appointment period for personnel in temporary positions or those in positions paid from extramural funds.

        b. Only employees with employment security shall be entitled to this layoff procedure.

        c. When there is an impending layoff, the employer shall notify the affected employee(s) in writing as soon as possible, but not later than ninety (90) calendar days before the impending layoff is to take place.

        d. The following procedures shall be followed to effectuate the layoff:

            (1) Seniority points based on months of creditable service in the APT system shall be used. One point shall be computed for each month of full-time equivalent service.

                (a) APT service at one-half time or more is creditable.

                (b) Only that period of continuous university service immediately prior to the layoff is creditable.

                (c) Periods of leaves without pay or non-APT service are not creditable.

            (2) In determining placement in another position, the employee must meet the minimum qualifications of that position.

            (3) Employees referred to vacant positions under this section shall have priority over employees exercising normal preferential employment rights.

            (4) Order of placement.

                (a) To a vacant excluded APT position at the same time or lower pay band.

                (b) To a filled excluded APT position at the same or lower pay band from which an employee is to be displaced. (See Displacement rights)

                (c) To a vacant included position (whereby the affected employee then becomes a member of the bargaining unit) at the same or lower band.

            (5) Referral for placement in a vacant position shall be on the basis of the employee’s designation of geographic location(s) and the minimum acceptable pay band, the latter shall be binding on the employee. Referrals shall be to positions which are funded from the general revenues of the State of Hawai‘i or from funds deemed by the university to be assured for an indefinite period of time, and full particulars of the position shall be disclosed to the employee.

            (6) The employee shall be entitled to three (3) offers for placement in a position, which is in accordance with the terms specified in d(5) above. If, however, the employee should decline to accept the first offer of employment, the employee shall forfeit displacement rights in paragraph e below. The employee is still entitled to two (2) more offers to vacant positions, if available.

        e. Displacement rights

            (1) In the event there is no available vacant position for which the employee qualifies, the employee shall have rights to positions held by excluded employees covered by these policies and which are funded from the general revenues of the State of Hawai‘i or from funds deemed by the university to be assured for an indefinite period of time.

            (2) The employee shall be referred in the following order:

                (a) To an excluded position in the same career group occupied by probationary employee at the same or lower pay band in descending order. If more than one probationary excluded employee at any level is subject to displacement, the one with the least seniority points shall be displaced.

                (b) To an excluded position in the same career group occupied by an employee with employment security and with the least seniority points at the same or lower pay band in descending order.

            (3) The employee affected by the layoff may waive his displacement rights, in writing to the employer, thereby limiting placement to vacant positions.

        f. An employee who is placed in a position at a lower pay band in accordance with these layoff procedures shall maintain existing rate of pay and all rights and benefits which would have accrued in the position from which laid off.

        g. When an employee cannot be placed in another position or refuses to accept a position offered under paragraph d(6) above the employee will be terminated with entitlement to employment rights as previously defined.

    4. Grievance Procedure

        a. A grievance is defined as a complaint filed by an employee alleging that there has been a misinterpretation, misapplication, or violation of personnel statute, rule, regulation, or written policy with adverse results to the employee. Dissatisfaction with matters of classification and pricing are not grievable under this procedure.

            (1) There are three formal decision making levels.

                (a) Dean, or director

                (b) Chancellor, vice president or designee; and

                (c) President, or designee

            (2) The grievance shall be filed at the first normal step within twenty (20) working days after the occurrence of the alleged misinterpretation, misapplication, or violation, or if it concerns an alleged continuing violation, then it must be filed within twenty (20) working days after the alleged violation first became known, or should have become known to the employee involved.

            (3) No more than fourteen (14) working days shall elapse between initiation at each step and notification to the employee of the decision.

            (4) Employees shall be allowed a maximum of seven (7) working days from the date of decision to initiate further action.

            (5) Employees are assured of freedom from coercion, discrimination or reprisal.

            (6) A grievance shall, whenever possible, be discussed informally between the employee and the immediate supervisor within the twenty (20) working day limitation provided for in paragraph (2) above.

IV. Delegation of Authority

The president shall be responsible for the implementation and observance of these policies by all personnel of the university. Exceptions to the board policies contained herein may be made only upon consultation with the board. See RP 9.215(A)(4).

V. Contact Information

Office of the Vice President for Administration, 956-6405, jgouveia@hawaii.edu

VI. References


VII. Exhibits and Appendices

No Exhibits and Appendices found

Approved

    approved as to Form:    
    Cynthia Quinn    
    October 31, 2014    
    Date    
    Executive Administrator and Secretary of the Board of Regents

Topics

No Topics found.


Attachments

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