Preamble
The purpose of this Agreement is to establish a
new approach to job grading which provides a simple,
fair and transparent means of placing staff members
into the appropriate grade and facilitating an equitable
and accessible procedure for resolving grading appeals.
The
new approach is also designed to assist staff in
career planning and development by providing clear
information and criteria for selection and promotion.
The
approach is based on generic job descriptions and
job families. The grade attached to each generic
job description is based on the United Nations common
system job classification standards.
The
Office and the Union, hereinafter referred to as
"the Parties", consider that this Agreement improves
on the job grading system which existed prior to
the application of the Collective Agreement on Arrangements
for the Establishment of a Baseline Classification
and Grading dated 14 March 2001 (Baseline Agreement).
All substantive entitlements of staff members shall
remain intact, except where this Agreement states
otherwise.
Article
1
Definitions
For
the purpose of this Agreement,
1.1 The
expression "staff member" means any person in a
paid relationship with the Office. This definition
shall exclude bona fide external collaborators,
daily contract workers and commercial service providers.
1.2 The
expression "applicable line manager" means either
the staff member's immediate supervisor or any
of the superiors of that supervisor.
1.3 The
expression "job grading" means a formal and systematic
process by which jobs are aligned to appropriate
job grades.
1.4 The
expression "generic job description" means a statement
describing the required competencies, levels of
responsibility and typical duties of a job at
a particular grade level within a job family,
as agreed by the Parties under the Baseline Agreement.
1.5 The
expression "job family" means a group of progressively
more responsible positions within an occupational
grouping requiring similar experiences and types
of skills.
1.6 The
expression "grade level" means the grouping of
grades, namely G1 to G4 and G5 to G7, P1 to P3
and P4 to P5, as well as the appropriate equivalents
in field duty stations, including National Officers
(NOs).
Article
2
Guiding
principles
2.1 The
procedure for job grading serves to enhance the
career of staff members.
2.2 The
new procedure is fair, transparent, speedy and
may be initiated either by an individual staff
member or by an applicable line manager.
2.3 Staff
members have the right to appeal a decision on
job grading. The process of appeal is in accordance
with due process, fair procedures and natural
justice.
2.4 Every
staff member has the right to information on the
decisions underlying his/her job grading.
2.5 The
procedure for job grading recognizes that generic
job descriptions may need to be reviewed and revised
over time.
Article
3
Review of a job grade
3.1 A job grade review
may be initiated:
(a)
when a material and ongoing change in duties
and responsibilities has occurred; and/or
(b) when work has been redistributed on an ongoing
basis amongst positions in or between (an) organizational
unit(s).
3.2 The
review may be initiated either by a staff member
or by an applicable line manager.
3.3 A
staff member who has successfully completed his/her
probationary period and who wishes to initiate
a job grade review shall do so by writing to the
applicable line manager, with copy to the Human
Resources Development Department (HRD), indicating
the generic job description and the grade which,
in his/her view, better corresponds to his/her
job.
3.4 The
staff member may send a written request for an
interview with the applicable line manager in
order to discuss the job grading request. The
interview shall take place within 10 working days
of receipt of the request.
3.5 The
applicable line manager shall have 40 working days
from the date of the request for a job grading to
examine the case, to liaise with HRD and to respond
in writing to the staff member with a grading decision.
3.6
The applicable line manager shall review the job
grade in accordance with the manual outlining
the grading methodology, jointly agreed between
the Office and the Staff Union.
3.7If
the applicable line manager does not respond in
writing within 40 working days, the staff member
may invoke the Collective Agreement on a Procedure
for the Resolution of Grievances dated 13 September
2000 (Grievance Procedure).
3.8
In the case of a positive decision by the applicable
line manager, that decision will be implemented
immediately. The promotion will take effect from
the first day of the month following that decision.
3.9 In
the case of a promotion to a higher grade level,
the higher grade shall be applied subject to the
successful completion of the Assessment and Development
Centre.
3.10
If a grading decision by the applicable line manager
or an appeal results in a promotion from the General
Service category to the Professional category,
the applicable line manager shall submit the grading
decision without delay to the Director-General
for approval. The Director-General shall have
20 working days to respond. If the Director-General
does not reply within the specified time-limit,
the grading decision shall be implemented. If
the Director-General rejects the grading decision,
s/he shall provide a reasoned reply to the staff
member, within the deadline.
3.11
Where the job grading review is initiated by the
applicable line management, the above procedure
applies, mutatis mutandis, notably, the interview
referred to in Article 3.4 above.
Article
4
Grading
Appeals
4.1
If the staff member disagrees with the applicable
line manager's decision, s/he may appeal to the
Independent Review Group described below, by writing
to HRD within 30 working days from the date of the
applicable line manager's decision.
4.2
The Parties agree to jointly nominate 14 staff members
to the Independent Review Group.
4.3
The Independent Review Group shall examine appeals
in teams of two members who, together, shall render
a reasoned decision on each appeal within 20 working
days from the submission date.
4.4
If the Independent Review Group team cannot reach
a unanimous decision, or fails to give a decision
within the time allowed, the examination of the
appeal shall be referred to a second team comprising
three members.
4.5
The second team shall take a decision by majority
vote within 10 working days of the referral.
4.6
If the Independent Review Group does not give an
answer within the time limits set above, such a
situation shall be considered to be a procedural
flaw for the purpose of Article 5 below.
4.7
If the decision of the Independent Review Group
results in a promotion, it shall take effect from
the first day of the month following the applicable
line manager's grading decision that was reviewed
by the Independent Review Group.
4.8
The Director-General shall have 20 working days
to oppose implementation of the Independent Review
Group's decision, in which case s/he shall expressly
state substantive reasons for his/her view; this
statement shall not enter into technical grading
considerations.
4.9
If the Director-General does not oppose the implementation
of the Independent Review Group's decision, or does
not provide the express statement within the said
time limit, the grading decision shall be implemented.
4.10
Participation in the work of the Independent Review
Group shall be regarded as official duty. At all
times, members of the Independent Review Group shall
respect their duty to maintain confidentiality of
the process.
Article 5
Application
to the Joint Panel
5.1
If a staff member contests a decision of the Independent
Review Group or a rejection of a grading decision
by the Director-General made pursuant to Article
3.10 on the grounds of alleged procedural flaw or
unfair treatment, s/he shall have 30 working days
from the date of receipt of the decision, or from
the date when such decision was due, to submit it
for review to the Joint Panel created under the
Grievance Procedure.
Article
6
Local
staff in Field Offices
6.1
The Parties shall appoint an Independent Review
Group in each region to examine appeals on grading
of local General Service staff. Appeals for the
National Officer grades NO-A and NO-B shall be examined
at the regional level. Appeals for the National
Officer grades NO-C and NO-D shall be examined by
the Independent Review Group at Headquarters.
Article
7
Miscellaneous
7.1
The Parties agree that nominations to the Independent
Review Groups shall be completed by 1 November 2001.
The Parties further agree to establish terms of
reference for the Independent Review Groups no later
than 1 November 2001.
7.2
The Office shall provide career counselling to staff
members who request it.
7.3
The Office shall provide an annual report on job
grading activities to the Joint Human Resources
Committee.
7.4
All job families with corresponding generic job
descriptions will be described in the manual relating
to the grading methodology.
Article
8
"Whistleblowing"
8.1 Representations
relating to a reasonable and honest concern with
regard to the legality of a workplace practice relating
to conditions of work or employment ("whistleblowing"),
with the exception of allegations falling within
the scope of Part XIII (sections 13.10 and 13.30)
of the Financial Rules, shall be submitted directly
to the Ombudsperson by the staff member(s), or the
Union acting on their behalf, as soon as possible.
8.1
The Parties recognise that, in the implementation
process, some transitional issues might arise. At
the request of one of the Parties, solutions to
such transitional issues would be negotiated as
a matter of urgency.
8.2
The Parties agree to jointly endeavour to introduce,
through the International Civil Service Commission,
a unified grading system for all categories of staff.
Article
9
Final
provisions
9.1
The procedure provided for under the present Agreement
will become fully operational on 1 April 2002.
9.2
This Agreement shall become effective on the date
of signature. It shall be valid for two years from
the date of its signature. The Parties agree to
review the operation of this Agreement at the end
of that period. Thereafter, the Agreement shall
remain in force until one of the Parties gives the
other Party at least six months' written notice
of termination. All appeals raised at the time of
the notice of termination shall be resolved in accordance
with the terms of the Agreement.
9.3
No terms of this Agreement shall be suspended, modified,
cancelled or otherwise amended except by means of
a written agreement signed by the Parties. The Parties
may re-negotiate any part of this Agreement.
9.4
In the event of a difference of opinion on the interpretation
or application of this Agreement, the matter shall
be submitted to the Review Panel, as per Article
7 of the Recognition and Procedural Agreement signed
between the Parties on 27 March 2000.
9.5
The Office shall submit to the March 2002 session
of the Governing Body any amendments to the Staff
Regulations and other relevant texts necessary to
give effect to this Agreement, in a manner which
also preserves other substantive entitlements of
staff members within the meaning of the Preamble
to this Agreement. In any case of doubt between
this Agreement and a relevant provision of the Staff
Regulations, the interpretation that is more favourable
to the staff member(s) concerned shall take precedence
and prevail.
9.6
A copy of this Agreement, amendments to the Staff
Regulations (if any) and the related circulars shall
be provided to each existing and future staff member.
The Parties shall ensure that all staff members
are aware of the existence of this Agreement.
