Section R2-5B-403. Grievance Procedures

Content. The grievance procedure established in each state agency shall include as a minimum:

1.        An initial statement that any complaint alleging unlawful discrimination or unlawful harassment will be reviewed or investigated according to the provisions of the separate complaint process outlined in Subchapter A, Article 9, and not the grievance system.

2.        A requirement that the grievant have an oral discussion with the immediate supervisor in an attempt to resolve the employee’s disagreement with the disciplinary action, prior to initiating the written grievance procedure.

3.        A requirement that the employee file the grievance in writing with the agency grievance coordinator, within 10 business days after the occurrence of the action being grieved. The date of occurrence of a:

a.        Reprimand is the date the reprimand was issued to the employee.

b.        Suspension is the first day of suspension.

4.        A requirement that the grievance contain a complete statement of all the facts and circumstances involved and the specific redress sought.

5.        A provision that the grievant may select a representative at any step in the procedure after the oral discussion with the immediate supervisor.

6.        A requirement that another state employee who serves as the representative of a grievant must receive approval for annual or compensatory leave to represent the grievant.

7.        A requirement that the grievant must have a minimum of five business days after receipt of a response to forward the grievance at any step, must sign the grievance at each step, and must state the reasons why the response at the previous step was unsatisfactory.

8.        A requirement that the agency head will respond to the grievant not later than 30 business days after receipt of the grievance at the first step. Within the 30 business day period, the time for any step may be extended by the agency head with the concurrence of the grievant.

9.        A statement that the decision of the agency head is the final step in the grievance process.

Historical Note

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).