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Calculation of Seniority Points MSEA Contracts

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TDD (207) 287-4537

No.: OSER-45

Date: November 30, 1990

Subject: Calculation of Seniority Points MSEA Contracts

To: All Holders of Employee Relations Manuals

From: Kenneth A. Walo, Director, Bureau of Employee Relations

As a result of several departments and agencies updating their seniority lists, questions have arisen regarding seniority points for an employee's previously held position in a classification different from his/her present classification but in the same pay range as his/her present classification. This situation could arise when an employee makes a lateral transfer to a position in another classification within the same pay range (eg. Secretary to Legal Secretary), or in some reclassifications.

MSEA contracts provide for one (1) seniority point per month of service in an employee's present class and higher classifications previously held (and lower if bumping down), and one-half (1/2) point per month of service in any other classification previously held. Pay range is determinative of whether one job classification is higher or lower than another. It has been suggested that it would be appropriate to provide one (1) point for previously held "equal range" classifications, rather than one-half (1/2) point.

This is to advise that we have entered into an agreement with MSEA to the effect of clarifying that prior service in an "equal range" job classification will receive one (1) point per month. Attached is a copy of our agreement with the MSEA.

When seniority lists are reviewed and updated, each department and agency will be responsible for assuring that the attached agreement is complied with.

If you have any questions, do not hesitate to contact this office.

MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is between the MAINE STATE EMPLOYEES ASSOCIATION (MSEA) and the STATE OF MAINE.

The terms of this agreement are as follows:

1. Seniority

In each of the collective bargaining agreements between the parties for the Administrative Services, Operations Maintenance and Support Services, Professional and Technical Services, Law Enforcement and Supervisory Services bargaining units, the language in section A(l) of the Seniority article, "one (1) point for each month of continuous State service in the employee's present classification and higher classifications previously held (and in the event of bumping into a lower classification, service in that lower classification) plus one-half (1/2) point for each month of continuous State service in any other classification previously held by the employee," is to be interpreted such that:

A) The word "higher" means a higher or equal pay range, within the State's established compensation plan, as compared to the pay range to which an employee's present classification is assigned;

B) The word "lower" means a lower pay range, within the State's established compensation plan, as compared to the pay range to which an employee's present classification is assigned; and

C) The word "other" means a lower pay range, within the State's established compensation plan, as compared to the pay range to which an employee's present classification is assigned.

2. Implementation

This agreement is effective only upon signing and is intended to have no effect upon any employee layoffs implemented prior to the effective date of this agreement.

s/Kenneth A. Walo 11/28/90
Kenneth A. Walo Date
Director, Employee Relations

s/Carl Leinonen __________
Carl Leinonen Date
Executive Director Representing
the State Representing the MSEA

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