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Classification

Definition
Approval Process
Classified Service
Management/Confidential
Faculty, Professional, and Graduate Assistant
Titles and Bargaining Units
Essential Considerations in the Process to Provide General Guidance:

 bullet Job Description
 bullet Title Specification

Other Position Classification Considerations:

 bullet Americans with Disabilities Act
 bullet Collective Negotiations and Unit Work Determinations
 bullet Equal Employment Opportunity Commission 
 bullet Fair Labor Standards Act


Definition
Classification means to group positions according to their duties and responsibilities and to assign a class title.  A class is one or more positions sufficiently similar in respect to duties and responsibilities that the same title may be used to designate each position in the group, the same salary may be equitably applied, the same qualifications required, and the same criteria used to select qualified employees. 

Classification is one of the most misunderstood human resources/personnel concepts in higher education.  Confusion exists because higher education administrators frequently come from academic ranks where titles/ranks relate not to what employees do, but to how well they perform.  For example, academic promotions are more directly related to performance than to increased duties.  This is somewhat foreign to the concept of position and job classification as applied in traditional work environments where promotion generally is defined as a permanent and significant increase in duties and responsibilities.

Position classification is the first step in the employment process.

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Approval Process
A position cannot be filled until it exists; it must be established through the classification process.  There are different approval levels in the position classification/reclassification process that are dependent upon the class to which a position must be assigned as a result of the duties and responsibilities (body of work) assigned to it, and, in some cases, dependent upon the source of funding.

Temporary Service  (TS):  If temporary service (TS) funds are used to support the position, it can be filled as soon as the final authority has approved the request.

Personal Service Regular (PSR):  If personal service regular (PSR) funds support the position, an appointment to the new or reclassified position cannot be made until the position/new title appears on a printed Schedule of Positions (SOP).  The only exception is that promotions effected through the reclassification of a classified  service employee’s current position can be processed effective on the approved effective date as soon as the change has been approved by the Department of Civil Service.  (Important Note:  it generally takes a minimum of 6 weeks for a new position or position reclassification to a different title to appear on an approved SOP).  

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Classified Service  
All requests for the classification or reclassification of classified service positions must be approved by the Department of Civil Service.  Once approved positions supported by temporary service funds may be filled immediately.  However, if the position is funded from personal service regular (PSR) funds, new positions must appear on the Schedule of Positions before they may be filled. 


Management/Confidential (M/C)
All requests for the classification or reclassification of management/confidential positions to (M/C) titles already existing in the University Title File require the approval of SUNY System Administration.  In addition, if the request is for a brand new title to be added to the University Title File, the (M/C) designation must be reviewed and not contested by the appropriate negotiating unit representative before it can be approved.  In the event that a negotiating unit representative opposes the designation, it cannot be established until a determination from the Public Employment Relations Board (PERB).   

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Faculty, Professional, and Graduate Assistant
Within “available to fill” limitations referenced in the funding section above, authority for the classification of graduate/teaching assistant positions and positions in the SUNY Professional Services Negotiating Unit (Academic staff and Professional Employees), the campus has final authority, except that, in cases where Buffalo State seeks to establish a brand new title to the University Title File, it must be approved by SUNY System Administration and reported by the Chancellor to the Department of Civil Service.

Contact the Human Resource Management Office for information about the college’s policies and internal procedures for requesting the establishment of or reclassification of positions and for required forms and guidance.

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Essential Considerations in the Process to Provide General Guidance:

Job Description
A job description must be written for, or revised for, every new position, or before existing positions are filled, respectively.  The job description outlines the tasks, duties, and responsibilities to be assigned to the job, highlights those duties and responsibilities that are essential, and identifies the placement of the position in the organization.   

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Title Specification
Job descriptions must be compared to title specifications available from the New York State Department of Civil Service, the State University of New York, and/or the U.S. Department of Labor’s Dictionary of Occupational Titles  (DOT).  Title Specifications define classes of positions and minimum qualifications.  They also describe the various types and levels of duties and responsibilities that may be assigned to them.  They are much broader in scope than job descriptions because they cover “what work might appropriately be assigned” to a position, not just what the employer “intends to assign” to a specific position. 

Following is the title specification for  “Benefits Manager” from the federal DOT.  Note that it is very general in nature and does not specifically describe a job.  It provides the A to Z of what might be assigned to a class of positions, but only duties A, B, and C might be required of a specific job.   For example, in SUNY, campus benefits officers do not “plan and direct implementation” or “analyze existing benefits policies of organization, and prevailing practices among similar organizations, to establish competitive benefits programs” because SUNY’s benefits are provided on a State/SUNY–wide basis and the campuses have no authority to change them.  Therefore, a job description for a Benefits Manager position at Buffalo State would include responsibility for administering State benefits programs including advising employees about them, processing enrollments and changes, etc., but would not include the other possible duties that are not appropriately assigned within SUNY. 

166.167-018 MANAGER, BENEFITS (profess. & kin.) alternate titles: manager, employee benefits; manager, employee services; manager, personnel services; personnel administrator

Manages employee benefits program for organization: Plans and directs implementation and administration of benefits programs designed to insure employees against loss of income due to illness, injury, layoff, or retirement. Directs preparation and distribution of written and verbal information to inform employees of benefits programs, such as insurance and pension plans, paid time off, bonus pay, and special employer sponsored activities. Analyzes existing benefits policies of organization, and prevailing practices among similar organizations, to establish competitive benefits programs. Evaluates services, coverage, and options available through insurance and investment companies, to determine programs best meeting needs of organization. Plans modification of existing benefits programs, utilizing knowledge of laws concerning employee insurance coverage, and agreements with labor unions, to ensure compliance with legal requirements. Recommends benefits plan changes to management. Notifies employees and labor union representatives of changes in benefits programs. Directs performance of clerical functions, such as updating records and processing insurance claims. May interview, select, hire, and train employees.

Similarly, although a very generic title specification exists for the title Groundsworker, a specific job description/vacancy announcement could require a pesticide license and duties related to the application of pesticides if that is the Groundsworker specialty the employer determines to be necessary for the grounds department to meet its objectives, but not every Groundsworker position would be assigned this specialty or need this license.      

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Following is the DOT’s title description for a faculty member.  Obviously a “job description” would be much more specific in providing information about the departmental assignment, the required subject matter expertise, the level of scholarship required, and any other required duties and responsibilities.

090.227-010 FACULTY MEMBER, COLLEGE OR UNIVERSITY (education)

Conducts college or university courses for undergraduate or graduate students: Teaches one or more subjects, such as economics, chemistry, law, or medicine, within prescribed curriculum. Prepares and delivers lectures to students. Compiles bibliographies of specialized materials for outside reading assignments. Stimulates class discussions. Compiles, administers, and grades examinations, or assigns this work to others. Directs research of other teachers or graduate students working for advanced academic degrees. Conducts research in particular field of knowledge and publishes findings in professional journals. Performs related duties, such as advising students on academic and vocational curricula, and acting as adviser to student organizations. Serves on faculty committee providing professional consulting services to government and industry. May be designated according to faculty rank in traditional hierarchy as determined by institution's estimate of scholarly maturity as Associate Professor (education); Professor (education); or according to rank distinguished by duties assigned or amount of time devoted to academic work as Research Assistant (education); Visiting Professor (education). May teach in two–year college and be designated Teacher, Junior College (education); or in technical institute and be designated Faculty Member, Technical Institute (education).  May be designated: Acting Professor (education); Assistant Professor (education); Clinical Instructor (education); Instructor (education); Lecturer (education); Teaching Assistant (education).

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Other Position Classification Considerations:

Americans with Disabilities Act  
When classifying positions and preparing vacancy announcements, it is important to outline the essential duties and responsibilities that an employee in the position must be able to perform.  The Americans with Disabilities Act  requires employers to make reasonable accommodations to provide employment opportunities for the disabled.  Although new enabling technologies are constantly increasing the number and types of functions that the disabled can perform, it is still imperative that job descriptions contain some prioritization of tasks, duties, and responsibilities so that disabled employees can adequately evaluate their ability to perform our jobs.

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Collective Negotiations and Unit Work  Determinations
In New York State, the Taylor Law was passed to provide State employees the right to collectively negotiate their terms and conditions of employment.  The Public Employee Relations Board (PERB) was established to oversee collective bargaining for public employees in New York State and to resolve issues and complaints relative to this right.  The threshold determinations before collective bargaining could commence in New York State had to do with the definition of negotiating units. PERB was guided by language in the Taylor Law that stated:  “the definition of the unit shall correspond to a community of interest among the employees to be included in the unit”.  “Community of interest” included such things as the nature of the work assigned to different types/groups of State workers, along with consideration of the terms and conditions of employment already enjoyed by the different groups of employees (i.e., attendance requirements, exempt or non-exempt, classified  or unclassified  service, qualifications required, etc.)  at the time these determinations were made.  Based upon its findings, PERB determined both the definition of the negotiating units and the definition of the work that belonged to them based upon the community of interest among the employees to be included in the unit.  At  Buffalo State, the following negotiating units exist:

Negotiating Unit

Common Unit Work

Current Negotiating Agent

Administrative Services

secretarial, clerical

Civil Service Employees Association (CSEA)

Graduate Assistants

graduate assistants

Graduate Student Employee Union (GSEU)

Institutional Services

patient and client care (nurses)

Civil Service Employees Association (CSEA)

Operational Services

care and maintenance of facilities

Civil Service Employees Association (CSEA)

Professional, Scientific and Technical Services Unit

classified service professional level work

Public Employees Federation (PEF)

Security Services and Security Supervisors Services

university police and university police supervisors

Council 82

SUNY Professional Services

SUNY academic and professional staff 

United University Professions (UUP)

Negotiating units have a legal right to represent the employees who perform the duties and responsibilities (unit work) that belongs to them in accordance with PERB’s determination.  If unit work belonging to one negotiating unit is assigned to another, it can lead to improper practice charges that would have to be resolved through hearings with PERB.   

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Equal Employment Opportunity Commission
Buffalo State is required to report on its staffing to many outside agencies and participate in many surveys, both in the normal course of business and when required to respond to a specific complaint, grievance, or lawsuit (i.e., Affirmative Action reports, responses to the Equal Employment Opportunity Commission, College and University Personnel Association for Human Resources [CUPA–HR], and internal SUNY reports).  The title to which employees are officially appointed (budget title) not only determines the employee’s terms and conditions of employment, but each title also is associated with standard title attributes that place the position into reporting categories (i.e., attributes for EEOC, U.S. census codes, and for internal reporting of instructional and non–instructional positions and faculty–student ratios).  It is therefore essential that all positions are properly classified  to ensure the accurate reporting of our staffing–especially when we are attempting to compete with other Colleges for “excellent ratings” or to ensure that we receive our correct share of special funds.  

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Fair Labor Standards Act
The Federal Fair Labor Standards Act (FLSA) requires that positions/employees be placed in either exempt or non-exempt categories based upon the nature of the work that is to be performed. 

  • Exempt positions/employees are paid on a salaried basis instead of an hourly basis and their duties fall within the one of the following categories defined in the Fair Labor Standards Act : Administrative, Executive, Professional.  In these categories, employees have significant discretion in determining when, where, and how they perform their duties and responsibilities.  Exempt employees are not eligible to receive premium overtime pay.

  • Non–exempt positions/employees are paid on an hourly basis and subject to the minimum wage and overtime provisions of the Fair Labor Standards Act . Non-exempt employees must be paid premium compensation for overtime work (1 ½ times normal hourly rate for hours in excess of 40 in the defined standard work week – [Thursday – Wednesday]). 

At minimum, all of these issues must be considered when new positions are established or existing positions are reclassified at Buffalo State.

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