Section 250.70 Nonstatus Appointments

Section 250

Section 250.70  Nonstatus

Appointments

a)         Temporary Appointments

1)         Temporary appointments are made to any positions the employer

certifies to be emergent, temporary, or transitory.  Temporary appointments

shall be for not more than three months.  With approval of the Executive Director,

they may be renewed in accordance with need up to a maximum of six months less

one day.

2)         An employer shall fill a temporary position by calling

candidates in the same manner as for status appointments, and in accordance

with Section 250.60(d).  Refusal to accept, or acceptance of, a temporary

appointment by a candidate shall in no way affect the candidate's position on

the register, regardless of number of refusals or acceptances.

3)         A candidate may request that he/she not be called for

temporary positions.

b)         Provisional Appointments

1)         In the absence of a register, an employer may make a

provisional appointment, in accordance with Section 36n of the Act, providing

the person so appointed possesses the qualifications for the position stated in

the appropriate class specification.  In order to establish eligibility for a

status appointment, the provisional appointee must file application for, and

pass, the examination for the appropriate class.

2)         A provisional employee who has not qualified by examination

may continue to be employed, providing no candidate is available for

appointment from the appropriate register.

c)         Apprentice Appointments

1)         An apprentice is a nonstatus employee who is employed in an

occupation defined as an "apprenticeable occupation" by the United

States Department of Labor, Bureau of Apprenticeship and Training, in

accordance with registered apprenticeship standards

ue to be employed, providing no candidate is available for

appointment from the appropriate register.

c)         Apprentice Appointments

1)         An apprentice is a nonstatus employee who is employed in an

occupation defined as an "apprenticeable occupation" by the United

States Department of Labor, Bureau of Apprenticeship and Training, in

accordance with registered apprenticeship standards.  These standards shall

include, but are not necessarily limited to, criteria for screening and

selection of apprentices, term of apprenticeship, requirements of related

instruction, a schedule of work processes, a progressively increasing schedule

of wages, periodic evaluations of the apprentice's progress, recognition for

successful completion of the apprenticeship, and other requirements as established

by the Joint Apprenticeship Committee governing the program in which the

apprentice is enrolled and employed.  The standards must meet basic

requirements and be registered with the USDOL Bureau of Apprenticeship and

Training.

AGENCY NOTE:

An apprenticeable occupation is a trade or craft that is recognized as

apprenticeable by the USDOL Bureau of Apprenticeship and Training, is

customarily learned through work experience that requires 4,000 or more hours

of work to learn, requires related instruction or study to supplement the work

experience, is clearly identified and commonly recognized throughout the

industry, involves the development of skill and knowledge sufficiently broad to

be applicable in like occupations throughout an industry, and meets the

standards of the area.

2)         A program meeting the basic fundamentals for registration will

be developed by a joint apprenticeship committee composed of employer, employee

representatives, and a representative from the USDOL Bureau of Apprenticeship

and Training.  The program shall be submitted to, and approved by, the Executive

Director

occupations throughout an industry, and meets the

standards of the area.

2)         A program meeting the basic fundamentals for registration will

be developed by a joint apprenticeship committee composed of employer, employee

representatives, and a representative from the USDOL Bureau of Apprenticeship

and Training.  The program shall be submitted to, and approved by, the Executive

Director.  Following the Executive Director's approval, the program will be

submitted for approval and registration to the USDOL Bureau of Apprenticeship

and Training.  However, no apprentice program will be developed for a job

classification for which there is an existing registered area program.

3)         Apprentices who are individually registered in the program

registered with the USDOL Bureau of Apprenticeship and Training, may be

employed without University Civil Service examination.

4)         An apprentice who satisfactorily completes apprenticeship in

accordance with the prescribed apprenticeship standards of the program in which

registered will have attained the status of journeyman.  The incumbent will not

be subject to University Civil Service examination and no right to continuation

in employment is earned by the satisfactory completion of the apprenticeship.

If employment is continued at the journeyman level after satisfactory

completion of an apprenticeship, seniority in the promotional line shall be

counted from the date that the employee acquires journeyman status

The incumbent will not

be subject to University Civil Service examination and no right to continuation

in employment is earned by the satisfactory completion of the apprenticeship.

If employment is continued at the journeyman level after satisfactory

completion of an apprenticeship, seniority in the promotional line shall be

counted from the date that the employee acquires journeyman status.

d)         Intern Appointments

1)         With the approval of the Executive Director, an employer may

appoint an intern to any position, provided all of the following criteria have

been met:

A)        no qualified candidates are available from a reemployment register

or promotional register for the class;

B)        a predetermined and scheduled program of development, training

or experience has been established and approved  for the candidate;

C)        a compensation program has been developed that provides for

progressively increasing salary levels payable upon completion of defined

phases of training.  The intern's starting salary shall not be more than 95% of

the minimum of the approved pay range for the class. The intern's salary, after

increases have been awarded, shall not exceed 95% of the midrange of the

approved pay range for the class; and

D)        the employer can verify that one of the following factors exists:

i)         the

candidate lacks one or more of the minimum qualifications for the class;

ii)        recruitment

efforts have failed to attract qualified candidates;

iii)       operating

needs warrant ongoing training programs to supplement staffing recruitment

efforts;

iv)       there

is a recognized need for specialized training programs in technical or

professional fields.

2)         If, in the opinion of the employer, the intern completes the

prescribed training in accordance with the standards established by that intern

program, he/she shall be certified to a position of the class for which he/she

completed his/her intern program

g recruitment

efforts;

iv)       there

is a recognized need for specialized training programs in technical or

professional fields.

2)         If, in the opinion of the employer, the intern completes the

prescribed training in accordance with the standards established by that intern

program, he/she shall be certified to a position of the class for which he/she

completed his/her intern program.

3)         Following successful completion of an intern program and

probationary period, seniority in the promotional line, or in the class, shall

be counted from the date that the employee satisfactorily completes the intern

program.

4)         If a

class has fewer than 10 positions, an employer may have one intern appointment

in the class.  If a class contains 10 or more positions, not more than 10% of

the total positions in the class may be filled by intern appointments on any

day of operation.

e)         Student Appointments

1)         Each employer shall determine which positions shall be

designated as student positions, and when so designated, they shall be filled

according to this Part and such other regulations as are established by the

employer pursuant to this Part, subject to the approval of the Executive Director.

2)         A student employee shall not displace a certified Civil

Service employee.

3)         A student, for purposes of this Part, shall be one who is

registered for course work at an institution served by the University System

for at least one-half of the normal workload of a regularly enrolled full-time

student, as such workload is determined by the employer.  Lacking such

enrollment during a summer session, or summer quarter, an applicant may be

considered a student for the purposes of this Part if he/she was enrolled as a

student during the quarter or semester immediately preceding the summer session,

or if he/she indicates an intention to be so registered during the quarter or

semester immediately following the summer employment

y the employer.  Lacking such

enrollment during a summer session, or summer quarter, an applicant may be

considered a student for the purposes of this Part if he/she was enrolled as a

student during the quarter or semester immediately preceding the summer session,

or if he/she indicates an intention to be so registered during the quarter or

semester immediately following the summer employment.  In any case, the

possession of a properly authenticated student identification card shall be

deemed as providing satisfactory evidence of student status.  The Executive Director

may approve exceptions to this subsection (e)(3) when sufficient cause is

evidenced; such as, but not limited to, graduating seniors, financial hardship

cases, personal or physical problems, etc.

4)         A uniform classification plan for student employees, which

shall provide groups of positions sufficiently similar in duties,

responsibilities and qualifications as to be given the same class title and to

be of a similar level of job worth, shall be established by each employer,

subject to the approval of the Executive Director.

5)         Each employer shall establish a wage rate or range for each

position grouping, taking into account job requirements, rates paid locally for

similar work, including rates paid to Civil Service employees, consistency

within the student aid program of the employer, and availability of funds. No

student employee shall be paid below the minimum rate, or above the maximum

rate, as established for the position grouping in which he/she is employed,

unless approved by the Executive Director.  No maximum rate for student

employment shall exceed the maximum rate established for comparable Civil

Service classes on the same campus.

6)         The employer may give applicants for student employment a

screening examination, without Civil Service status, if the examination is

deemed necessary for the selection of employees

h he/she is employed,

unless approved by the Executive Director.  No maximum rate for student

employment shall exceed the maximum rate established for comparable Civil

Service classes on the same campus.

6)         The employer may give applicants for student employment a

screening examination, without Civil Service status, if the examination is

deemed necessary for the selection of employees.

7)         No seniority as a Civil Service employee is earned through

employment in a position designated as student.

8)         A student employee is not eligible for paid vacation, paid

holidays, or disability leave, as established by the Benefits Policy approved

by the Merit Board and by the governing Boards of the institutions served by

the University System.

9)         A position designated as student may be terminated at any time

at the discretion of the employer.

10)         Each employer may make such regulations and policies

governing student employment on its respective campuses as it deems desirable,

subject to the Act and this Part governing the University System.

f)         Extra Help Appointments

1)         An Extra Help appointment may be made by an employer to any

position for work  the employer attests to be casual or emergent in nature and that

meets the following conditions:

A)        the amount of time for which the services are needed is not

usually predictable;

B)        payment for work performed is usually made on an hourly basis;

and

C)        the work cannot readily be assigned, either on a straight-time

or on an overtime basis, to a status employee.

2)         Qualification determination shall consist of a review of the

employee's application and a verbal interview.  Qualifications will be

determined to be Acceptable or Not Acceptable.  When skills are required for

clerical/secretarial positions, an examination to demonstrate acceptable skills

will be administered.  The applicant will be required to pass the examination

at a standard established by the employer

determination shall consist of a review of the

employee's application and a verbal interview.  Qualifications will be

determined to be Acceptable or Not Acceptable.  When skills are required for

clerical/secretarial positions, an examination to demonstrate acceptable skills

will be administered.  The applicant will be required to pass the examination

at a standard established by the employer.  A listing of those applicants who

have been determined to be Acceptable shall be maintained by the employer.

3)         An employer shall fill an Extra Help position by referring

persons to the employing unit from the Extra Help list of Acceptable

candidates.

4)         Acceptance or refusal to accept an Extra Help appointment by a

candidate shall in no way affect the candidate's position on any Extra Help

list, or on any other register maintained by the employer.

5)         Classifications will be established in broad categories, such

as administrative, professional, technical, clerical, trades, and service.

6)         An Extra Help position may be utilized for a maximum of 900

hours of actual work in any consecutive 12 calendar months. The employer shall

review the status of the position at least every three calendar months.  If at

any time it is found that the position has become an appointment that is other

than Extra Help, the employer shall terminate the Extra Help appointment.  If

an Extra Help position has accrued 900 consecutive hours, the position shall

not be reestablished until six months have elapsed from the date of the

termination of the position.

7)         Upon working 900 hours, an Extra Help employee cannot resume

employment in any Extra Help appointment at a place of employment until 30

calendar days have elapsed.

8)         The employer shall quarterly review its use of Extra Help

appointments to ensure compliance with this Section.

9)         Compensation of Extra Help employees shall be within the

limits established for comparable service in status employment.