GRIEVANCE PROCEDURE

PURPOSE:
The purpose of this procedure is to assure, at the lowest possible level, prompt and equitable solutions to problems arising from the administration of statewide negotiations units contracts/agreements, or other conditions of employment.

 

DEFINITION:
A. A "contractual" grievance is a claimed breach, misinterpre- tation, or improper application of the terms of the contract.
 

B. A "non-contractural" grievance is a claimed violation, mis- interpretation of misapplication of rules or regulations, existing policies, administrative orders, or laws applicable to the Department of Military and Veterans' Affairs affecting the terms and conditions of employment which are not included in A above.
 

C. Non-aligned employees (those not covered by a bargaining unit agreement) may file a grievance when dissatisfied with working conditions which are beyond his/her control but may be subject to remedy within the Department of Military and Veterans' Affairs. The grievance procedure will not be followed by these employees who have a right of direct appeal to the Deparmtent of Personnel, such as in the case of disciplinary action repre- senting a suspension of more than five days; removal for employees with permanent status; in the case of an unstatisfactory probation report.
 

PROCEDURE:
 

A. In the event a complaint is not satisfactorily resolved on an informal basis between the employee and the immedicate super- visor, a grievance can be considered to exist. The employee may submit a grievance in writing on the Grievance Procedure Form to the Employee Relations Officer within thirty (30) calendar days from the date of the incident or within fifteen (15) calendar days for non-aligned employees.
 

B. The Employee Relations Officer will convene a hearing of the grievance at the earliest possible date and render a written decision within specified time limits.

C. If the grievant is not satisfied with the Step 1 hearing decision, he/she may appeal it to Step 2 by notifying the Employee Relations Officer within five (5) days of the receipt of the Step 1 decision. The Employee Relations Officer will refer the grievance to the Employee Relations Bureau, Department of Military and Veterans' Affairs, along with the decision rendered as a result of the Step 1 hearing. The Employee Relations, Department of Military and Veterans' Affairs, along with the decision rendered as a result of the Step 1 hearing. The Employee Relations Bureau will hear and respond to the grievance.
This procedure is superceded by any state-wide negotiations agreement in the event of conflict.


EMPLOYEE RELATIONS  - 47-03-002

 

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