006-8 Wyo. Code R. §§ 8-4 - Grievance Procedure Steps

(a) Within ten (10) days of the event giving rise to the grievance or of the employee having knowledge of the event, the employee shall present the grievance in writing to the management employee making the decision which gave rise to the dispute and the agency head. The grievance shall include a brief statement of fact on which the grievance is based and the relief sought.

(b) Within ten (10) days of receiving the written grievance, the agency head or a designee and the management employee that gave rise to the dispute shall hold a conference with the employee to resolve the dispute. A written determination shall be provided to the employee within five (5) days of the conference. A decision by the agency head or designee shall be the final step in the grievance procedure unless the grievance involves a dispute in accordance with Section 4(d) of this chapter.

(c) If issue giving rise to the dispute involves the agency head and allegations concerning violations of a statute, rule, executive order or policy, the employee shall submit the grievance in writing to the Human Resources Division Administrator.

(i) The Human Resources Division Administrator, shall within five (5) days of receiving the written grievance, commence an investigation of the complaint in accordance with Executive Order 1997-4. If the investigation substantiates the complaint and circumstances warrant, the Governor shall be notified.

(ii) No agency head or manager shall be allowed to preside in a conference concerning allegations against him/herself.

(d) If the decision of the agency head or designee is unsatisfactory to the employee and if the grievance involves a disciplinary suspension, an involuntary reassignment due to unsatisfactory work performance, or an involuntary reassignment to a lower grade, the employee shall, within ten (10) days of the date of the decision, request the Human Resource Division Administrator or designee to review the matter. Other matters may be considered at the discretion of the Human Resources Division Administrator. All requests shall be submitted, in writing.

(i) Within five (5) days of receiving a request for review the Human Resources Division Administrator or designee shall notify the head of the agency and the HR Manager of the Agency (or equivalent) with which the employee has the dispute.

(e) Grievance Review Purpose and Authority.

(i) The purpose of the review is to resolve a dispute, which falls within Section 4(d) of this chapter. The review shall determine if the state Statutes, Personnel Rules and agency policies were followed and all actions taken were of a legal and ethical nature.

(ii) HRD shall have the authority to affirm, modify, or reverse any action(s) so long as the decisions and recommendations are not in conflict with Personnel Rules, State Statutes, or agency rules and regulations. Decisions of the HRD review are final unless the grievance is appealable in accordance with Section 5 of this chapter.

(iii) HRD Reviews

(A) HRD shall provide a written determination to the employee, agency head and agency HR Manager once the review is complete.

(I) The review shall be confined to those issues provided by the parties in Chapter 8 Section 4(d) and shall not develop into a general inquiry into the policies and operations of an agency. HRD may contact the employee, agency head, manager/supervisor of the employee, agency HR or witnesses as part of their review. Additional documentation may be requested and/or reviewed in addition to what was provided in Section 4(d) as deemed necessary.

(1.) The HRD Review shall be concluded within twenty (20) days unless an agreement for extension is provided in writing by both the employee and agency.

Notes

006-8 Wyo. Code R. §§ 8-4

Adopted, Eff. 6/30/2015. Amended, Eff. 6/7/2019.