Section 49. A manager or an employee of the commonwealth objecting to any provision of the classification affecting the manager or employee's office or position may appeal in writing to the personnel administrator. If the administrator finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, he shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five. Any manager or employee or group of employees further aggrieved after appeal to the personnel administrator may appeal to the civil service commission. Said commission shall hear all appeals as if said appeals were originally entered before it. If said commission finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, it shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five.
If the personnel administrator or the civil service commission finds that the office or position of the person appealing shall warrant a different position allocation or that the class in which said position is classified shall be reallocated to a higher job group and so recommends to the budget director and the house and senate committees on ways and means in accordance with the provisions of this section, and if such permanent allocation or reallocation shall have been included in a schedule of permanent offices and positions approved by the house and senate committees on ways and means, such permanent allocation or reallocation shall be effective as of the date of appeal to the personnel administrator.
The provisions of this section, as they relate to appeals on the reallocation of a class or group of classes to a higher job group or job groups, shall not apply to any employee whose position is included in a collective bargaining unit represented by an employee organization certified in accordance with the provisions of section four of chapter one hundred and fifty E.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title III - Laws Relating to State Officers
Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees
Section 1 - ''departments'' Defined
Section 3 - Establishment of Divisions; Approval of Governor and Council
Section 4 - Organization of Departments; Report to State Secretary
Section 5 - Conflicting Orders or Regulations; Appeal to Governor and Council
Section 6 - Absence or Disability of Department Heads
Section 6a - Absence or Disability of Members, of Permanent State Boards, Etc.
Section 7 - Confidential Secretaries; Appointment and Removal
Section 8 - Public Officers Appointed by Governor; Tenure
Section 9 - Public Officers Appointed by Governor; Removal
Section 9a - Veterans Holding Unclassified Positions; Separation From State Service
Section 9d - Teachers of Certain State Institutions; Removal; Lowering in Rank
Section 9e - Chaplains; Exemption
Section 9f - State Employees Elected to Public Office; Leave of Absence
Section 9g - Public Employees Participating in World Athletic Competition; Leaves of Absence
Section 10 - Officers Requiring Gubernatorial Appointments; Filling Vacancies
Section 12 - Oaths of Office; Failure to Take and Subscribe
Section 13 - Fees for Certain Commissions, Etc.
Section 14 - Approval of Bond; Withholding Commission
Section 15 - Bonds; Determining Amount
Section 17 - Bond Premiums; Reimbursement
Section 18 - Examination of Bonds
Section 19 - Failure to File Sufficient Bonds; Removal of Principal
Section 20 - Bonds Deposited With County Treasurers; Examination
Section 21 - Multiple Salaries From Treasury
Section 22 - Plurality of Offices; Penalties
Section 23 - Full Time Devotion to Duties; Certain State Officers
Section 23a - Certain Trustees of State Institutions; Plurality of Positions
Section 24a - Working on Legal Holidays; Compensation; Exceptions
Section 24b - Assignments of Employee From Lower to Higher Grade
Section 24c - Overtime Pay; Prior Written Approval
Section 25 - Expenses of State Officers, Etc.
Section 25a - Death Away From Home; Return of Body; Expenses
Section 25b - Out-of-State Travel Expenses; Restrictions
Section 27 - Money Received for Commonwealth; Daily Remittance; Exceptions
Section 28 - Books and Accounts; Fiscal Year
Section 29 - State Institutions; Keeping Books and Accounts
Section 30 - Official Letters; Size of Paper
Section 30a - Official Letterheads; Uniform Style
Section 31 - Printing, Binding and Procuring Stationery for Commonwealth Offices and Departments
Section 33 - Annual Reports; Recommendations for Legislation
Section 33a - Annual Reports; Recommendations to Avoid Special Legislation
Section 34 - Reports of Special Commissions; Drafts of Legislation
Section 35 - Special Reports to State Purchasing Agent; Appeals
Section 35a - Reports; Projects Requiring Assessments Upon Municipalities; Notice
Section 36a - Purchase, Replacement or Repair of Motor Vehicles; Authorization; Funds
Section 37 - Rules and Regulations; Compliance With Statutory Filing Requirements
Section 38 - Reports on Public Employees; Central Personnel Register
Section 39c - Actions Under Sec. 39a; Forbidden Defenses
Section 39d - Additional Security
Section 39e - Inducing Rebates or Refunds of Transportation Charges; Penalties
Section 39h - Indemnification of Contractors
Section 39i - Deviations From Plans and Specifications
Section 39k - Public Building Construction Contracts; Payments
Section 39l - Public Construction Work by Foreign Corporations; Restrictions and Reports
Section 39m - Contracts for Construction and Materials; Manner of Awarding
Section 39q - Contracts for Capital Facility Construction; Contents; Annual Claims Report
Section 39s - Contracts for Construction; Requirements
Section 39t - Controlled Insurance Program
Section 40 - Discharge or Release of Bonds
Section 41 - State Institutions; Sales of Property; Itemized Accounts
Section 43 - Fees for Copying Records; Keeping by Employees; Penalties
Section 44 - Employees as Agents for Others; Sale of Lands
Section 44a - Land Owned by Commonwealth; Sale to Counties, etc.; Highway Purposes
Section 44b - Petroleum Pipe Line; Laying on State Lands
Section 45 - Office and Position Classification Plan; Pay Plan
Section 46 - Administration of Classification and Pay Plans
Section 46c - Management Pay Plan
Section 46e - Civil Service Classifications; Positions Reimbursed by Federal Government
Section 46g - Overtime Compensation
Section 46h - Vacation, Sick-Leave, Personal Leave and Benefits
Section 46i - Additional Duties of Personnel Administrator
Section 48 - Incumbents of Positions Classified; Duties
Section 49 - Appeal From Classification
Section 50 - Limit of Application of Secs. 45 to 49
Section 51 - Purchasing of Goods, Supplies, Equipment and Services for State Departments
Section 52 - Approval of Purchases
Section 53 - Grievances of Employees; Disposition; Appeals
Section 57 - Finality of Decision; Grievances Requiring Payment of Money; Disposition
Section 58 - Injuries Sustained in Service of State; Compensation
Section 59 - Persons Under Indictment for Misconduct in Office; Suspension; Temporary Appointees
Section 60 - Co-Operative Education Programs; Employment of Students
Section 62b - Environmental Impact Reports; Preparation and Submission; Funding
Section 62c - Notice of Availability of Environmental Impact Statement; Public and Agency Review
Section 62d - Permit Applications; Time for Agency Determination
Section 62f - Emergencies; Commencement of Projects; Land Acquisition
Section 62g - Federal Environmental Impact Statements in Lieu of Reports
Section 62i - Environmental Notification Forms Filed on or After November 15, 2007; Requirements
Section 62l - Environmental Justice Council; Membership; Duties; Recommendations
Section 63 - Notice to State Secretary; Specifications; Report
Section 64 - Conversion of Hospitals; Approval of General Court
Section 65 - Legal Services for Commonwealth Provided Under Contract