RULE 004.00.93-005 - Employee Grievance Procedure

RULE 004.00.93-005. Employee Grievance Procedure

229 Employee Grievance Procedure

I. AUTHORITY:

The Board of Correction is vested with the authority to promulgate this Administrative Regulation by Governor's Executive Order 86-1 and 93-1; and Act 50 of 1968, First Extraordinary Session, as amended.

II. PURPOSE:

Agrievance procedure is established to provide employees with a prompt review, impartial consideration and an equitable disposition of their grievances. Any employee who presents a grievance or complaint in good faith, and in a reasonable manner shall be free from restraint, interference, discrimination or reprisal.

III. APPLICABILITY:

This Administrative Regulation applies to all full-time employees who have satisfactorily completed their initial six months probationary period.

IV. DEFINITIONS:

A. Employee - an individual who is a full-time employee of the Department who occupies a regular salaried position and who works a minimum of 1000 hours per year; provided, however, that this policy shall not apply to employees who are on new hire probationary status.

Any complaint filed pursuant to the Americans with Disabilities Act by a person who does not meet the above criteria will be processed internally within the Department.

The term employee is also intended to include those former employees who meet the above criteria but who have been terminated from employment.

B. Grievance - a complaint by an employee regarding an aspect of his or her employment; including, but not limited to annual leave, compensatory time, sick leave, dismissal, suspension, promotion, demotion, disciplinary actions, discrimination, sexual harassment or any other work-related problem except compensation and conditions which are beyond the control of the agency management or are mandated by law. Performance evaluation grievances are included, but appeals based solely on disputes of performance evaluation ratings will not go before the State Grievance Review Committee and/or State Employee Grievance Appeal Panel unless the dispute is based on a charge of discrimination. Discrimination is on the basis of race, color, sex, age, national origin, religion, or disability.

This procedure shall be utilized to hear Reduction-in-Force appeals, provided, however, that the State Grievance Review Committee and/or the State Employee Grievance Appeal Panel will not hear complaints concerning reduction-in-force unless discrimination is the basis of the complaint. (Discrimination is on the basis of race, color, sex, age, national origin, religion or disability.)

C. Non-Grievable Matters - include but are not limited to:

1. Advice and/or counseling provided by the EEO/Grievance Officer;

2. Approved Board of Correction policies, Administrative Directives, Memoranda, or any departmental policies;

3. Matters governed by law, regulations, and/or executive orders which are outside the Department's control;

4. Shift assignments, post assignments, and reassignments to other units/divisions.

D. Departmental Internal Grievance Review Committee -an internal committee convened for the purpose of reviewing internal grievances and making recommendations to the agency director or deputy/assistant director. Composition of the committee may be drawn from a pool of employees designated and trained for such purpose. Individuals who work in the aggrieved employee's unit are ineligible to serve on that particular committee. Any employee who does not wish to serve on this committee will not be required to serve.

E. Grievance Officer - The EEO/Grievance Officer will serve as the Departmental Grievance Officer. He or she will be responsible for ensuring that a grievance is processed in accordance with the grievance procedure. The Personnel and Training Officers or the designees at each unit will be responsible for coordinating the grievance process within their respective unit as monitored by the Departmental Grievance Officer.

V. POLICY:

It is the policy of the Department of Correction that all employees be given the opportunity, through established steps and procedures, to resolve in a timely manner complaints or grievances which they believe adversely affect their employment or working conditions.

It is also our policy that reasonable efforts be made to settle complaints or grievances as quickly as possible. Direct contact on a one-to-one basis between supervisor and employee has always been a policy of the agency; thus the grievance procedure is not intended, nor will it be allowed to become a barrier to the supervisor/employee relationship.

Employees should submit only grievances made in good faith, expressed in reasonable terms, containing causes for the grievance, corrective action desired, and sufficient information upon which to base these decisions.

Access to this procedure does not create any expectation of continued employment, but provides an avenue of review and resolution of internal situations.

The Department of Correction understands and is committed to compliance with "reasonable" accommodations for handicapped individuals by assuring the following:

1. Access to parking and the facilities where grievance hearings are convened.

2. Provision of interpreters, readers, or other types of accommodations that may be deemed necessary to the procedure.

VI. PROCEDURE:

A. Time Frames for Processing Grievances

Time frames for processing grievances shall exist at each step of the grievance process.

B. Steps of the Grievance Process

All grievances shall be handled in accordance with established guidelines in the appropriate administrative directive. Within this policy, procedures shall exist to define responsibilities of the decision making officials and the Departmental Grievance Officer.

When the State Grievance Review Committee renders a decision (recommendation) which does not in any way alter the decision of the Director, the employee may not appeal to the Board of Correction.

1. Appeal to Board of Correction

When grieving issues other than allegations of unlawful discrimination, termination, suspension without pay., involuntary demotion, and/or failure to award compensatory time, an employee may have appeal privileges to the Board of Correction. Within three working days of conclusion of the Board's meeting on the appeal, the Board of Correction shall submit their decision.

The decision of the Board shall be final and binding.

2. Management Level Process

Management level applies if the charged party is a person who reports to the Director.

The charged party shall file a grievance through the Departmental Grievance Officer directly to the Board of Correction.

At the conclusion of each step of the procedure, notification of decisions or recommendations will be provided to all parties involved.

C. Extensions

If any decision making official in the steps of the grievance process needs additional time in rendering a decision, an extension may be granted if situations or circumstances warrant and if agreed to by both parties-

D. Revisions of the Grievance Procedure

The Director may recommend to the Board of Correction policy revisions for the grievance procedure.

Any changes must be submitted to the Office of Personnel Management for review and approval.

Forms to be utilized in the filing, processing, and documentation of employee grievances shall be included in the appropriate administrative directive.

Board of Correction Approval Date: 6/24/93

Attorney General Review Date: 6/24/93

Date Filed Secy, of State: 6/28/93

Supersedes: AD16 AND BOC Rules & Regs XXVIII

Dated: 9/30/85

(6/25/1993)

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