The grievance procedure is an informal process. It is not a
contested case. All employees shall have the right to file grievances. The
right to file a grievance and the grievance procedure provided for in these
rules shall be made known and available to employees throughout the agency by
the appointing authority through well-publicized means. Employees covered by a
collective bargaining agreement may use this grievance procedure for issues
that are not covered by their respective collective bargaining
agreements.
Grievances shall state the issues involved, the relief
sought, the date the incident or violation took place and any rules involved
and shall be filed on forms prescribed by the director. Grievances involving
suspension, reduction in pay within the same pay grade, disciplinary demotion,
or discharge may be filed as appeals in accordance with subrule 61.2(6) and
commence with Step 3 of the grievance procedure described in subrule
61.1(1).
(1)
Grievance
procedure.
a. Step 1. The grievant
shall initiate the grievance by submitting it in writing to the immediate
supervisor, or to a supervisor designated by the appointing authority, within
14 calendar days following the day the grievant first became aware of, or
should have through the exercise of reasonable diligence become aware of, the
grievance issue. The immediate supervisor shall, within 14 calendar days after
the day the grievance is received, attempt to resolve the grievance within the
bounds of these rules and give a decision in writing to the grievant with a
copy to the director.
b. Step 2. If
the grievant is not satisfied with the decision obtained at the first step, the
grievant may, within 7 calendar days after the day the written decision at the
first step is received or should have been received, file the grievance in
writing with the appointing authority. The appointing authority shall, within
14 calendar days after the day the grievance is received, attempt to resolve
the grievance within the bounds of these rules by affirming, modifying, or
reversing the decision made at the first step, or otherwise grant appropriate
relief. The decision shall be given to the grievant in writing with a copy to
the director.
c. Step 3. If the
grievant is not satisfied with the decision obtained at the second step, the
grievant may, within 7 calendar days after the day the written decision at the
second step was received, or should have been received, file the grievance in
writing with the director. The director shall, within 30 calendar days after
the day the grievance is received, attempt to resolve the grievance and send a
decision in writing to the grievant with a copy to the appointing authority.
The director may affirm, modify, or reverse the decision made at the second
step or otherwise grant appropriate relief. If the relief sought by the
grievant is not granted, the director's response shall inform the grievant of
the appeal rights in subrule 61.2(5).
d. If the grievant is not satisfied with the
decision obtained from the third step, the grievant may file an appeal in
accordance with subrule 61.2(5).
(2)
Exceptions to time
limits.
a. If the grievant fails to
proceed to the next available step in the grievance procedure within the
prescribed time limits, the grievant shall have waived any right to proceed
further in the grievance procedure and the grievance shall be considered
settled.
b. If any management
representative fails to comply with the prescribed time limits at any step in
the grievance procedure, the grievant may proceed to the next available
step.
c. The maximum time periods
at any of the three steps in the grievance procedure may be extended when
mutually agreed to in writing by both parties.
(3)
Group grievances. When
the appointing authority or the director determines that two or more grievances
or grievants address the same or similar issues, they shall be processed and
decided as a group grievance.
(4)
Grievance meetings.
a. When
it is determined by a designated management representative or the director that
a meeting with the grievant will be held, all reasonable attempts will be made
to hold the meeting during the grievant's regularly scheduled hours of
work.
b. The grievant may be
assisted at a grievance meeting by an employee with the same bargaining status
as the grievant. This peer employee may be of the grievant's choosing except
where that would constitute a conflict of interest or unreasonably impact the
operational efficiency of an appointing authority as determined by the
director.
c. The grievant, an
employee who is the grievant's peer, and employees authorized to attend the
grievance meeting by the appointing authority or the director shall be in paid
status for that time spent at and traveling to and from the grievance meeting
during their regularly scheduled hours of work. In addition, employees shall,
if eligible for overtime compensation, be in paid status for that time spent at
and traveling to and from the grievance meeting outside of their regularly
scheduled hours of work. In the case of a group grievance, only one of the
grievants shall be in paid status. A grievant's peer shall not process or
prepare for a grievance during work time except for meal and rest
periods.
d. The appointing
authority shall not authorize mileage, or the use of a state vehicle for
employees to attend or participate in a grievance meeting, except for those
employees who are required to attend or participate in the meeting by the
appointing authority or the director.
(5)
Bypassing steps for
discrimination grievances. A grievance step may be bypassed by the
grievant when the grievance alleges discrimination and the respondent at the
step is the person against whom the grievance has been filed.
Notes
Iowa Code r.
11-61.1
ARC 0401C, IAB
10/17/12, effective 11/21/12;
ARC 2000C, IAB 5/27/15, effective 7/1/15; ARC 3215C, IAB 7/19/17, effective
7/1/17
ARC 0401C, lAB 10/17/12,
effective 11/21/12
Amended by
IAB
May 27, 2015/Volume XXXVII, Number 24, effective
7/1/2015
Amended by
IAB
July 19, 2017/Volume XL, Number 2, effective
7/1/2017
