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and Compensation shall within sixty (60) calendar days of receipt of the

appeal, forward his or her opinion to the Director of the Governor's Office

of Employee Relations for implementation.
(d) If such opinion is in the affirmative, the Director of the Governor’s

Office of Employee Relations or the Director’s designee shall direct the
appointing authority forthwith to discontinue such assignment.

(1) If such substantially different duties are found to be appropriate to a
lower salary grade or to the same salary grade as that held by the affected

employees, no monetary award may be issued.
(2) If, however, such substantially different duties are found to be

appropriate to a higher salary grade than that held by the affected
employee, the Director of the Governor’s Office of Employee Relations

shall issue an award of monetary relief, provided that the affected employee
has performed work in the out-of-title assignment for a period of one or

more days. And, in such event, the amount of such monetary relief shall be
the difference between what the affected employee was earning at the time

he or she performed such work and what he or she would have earned at
that time in the higher salary grade title, but in no event shall such monetary

award be retroactive to a date earlier than fifteen (15) calendar days prior
to the date of certified mailing of the grievance to the agency, or date filed

with the facility or unit head or designee, whichever is later.
(3) In the event a monetary award is issued, the State shall make every

effort to pay the affected employee within three (3) bi-weekly payroll
periods, after the issuance of such award.

(e) Notwithstanding the provisions of subdivisions (d), if such

substantially different duties were assigned by proper authority during the
continuance of a temporary emergency situation, the Director of the
Governor’s Office of Employee Relations or the Director’s designee shall

dismiss the grievance.

§24.4 Where CSEA alleges that there exists a dispute of fact, CSEA may,
within thirty (30) calendar days of the date of the decision, file an appeal

with the Director of the Governor’s Office of Employee Relations. Such
appeal shall include documentation to support the factual allegations. The

appeal shall then be forwarded by the Director of the Governor’s Office of
Employee Relations to the Director of Classification and Compensation for

reconsideration. The Director of Classification and Compensation shall

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