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478-1-.20 Employee Grievance Procedure
(1) Introduction.
The State recognizes the need for a consistent and orderly process for addressing and resolving employee grievances of a non-disciplinary nature in a fair and timely manner. To meet this need, each agency will ensure that an employee grievance procedure is in place that complies with this policy, and that eligible employees within the agency are made aware of the procedure by posting it, along with any agency specific grievance procedures, in prominent locations.
(a) Employees and their respective supervisors are encouraged to make reasonable efforts to resolve issues, including the use of mediation, prior to the filing of a written grievance and during the processing of the grievance. However, efforts to resolve issues informally must be handled in a manner that will permit the employee to meet the deadlines and procedures established by this Rule.
(b) For the purposes of this Rule, the following terms and definitions apply in addition to those in 478-1-02 (Terms and Definitions):
1. "Agency Grievance Coordinator" means the person, designated to be responsible for receiving grievances, determining grievability, and tracking the processing of grievances.
2. "Agency Grievance Review Official" means an individual designated by the agency to conduct grievance reviews for unclassified employees. This individual will be designated by the Agency and will be an impartial individual with relevant prior training or experience in hearing employee disputes.
3. "Filing" means the act of an employee submitting a state grievance form to the appropriate agency personnel office.
4."Grievance" means a claim by an eligible employee that the employee's personal employment has been affected by unfavorable employment decisions or conditions due to unfair treatment.
5. "Grievance Form" means a form approved by the Agency for the filing of employee grievances.
6. "Receipt" means the date and time at which a document is delivered to the addressee by mail, facsimile or personal delivery.
7. "Workday" means a Monday through Friday business day exclusive of state holidays.
(2) Eligibility.
Any employee may file a grievance, except an employee who:
(a) Has been notified of suspension, demotion, disciplinary salary reduction, or separation from employment; or
(b) Is seeking relief on the same matter through other administrative or judicial procedures.
(c) A grievance filed by an eligible employee prior to becoming ineligible may be delayed but will not be otherwise affected, except that processing of a grievance will cease upon the employee's separation from employment.
(d) In keeping with the above conditions, if an employee also seeks administrative or judicial relief after requesting the implementation of the employee grievance procedure, further investigation of the grievance will cease until a decision has been rendered in the administrative or judicial forum.
(3) Freedom from Retaliation.
Employees may file grievances without fear of unlawful discrimination or reprisal. Anyone who supplies false or misleading information in connection with a grievance or anyone who attempts to or actually harasses, intimidates, or retaliates against an employee for filing a grievance or providing information in connection with a grievance will be subject to disciplinary action, up to and including termination of employment.
(4) Grievable Issues.
An employee may file a grievance related to any:
(a) Allegation of unlawful discrimination based on race, color, creed, national origin, ancestry, citizenship, religion, political opinion or affiliation, age, disability, sex, pregnancy, childbirth or related condition, military or veteran status, or other status protected by federal, state, or local law or regulation;
(b) Allegation of sexual or other form of harassment;
(c) Retaliation for filing a grievance or participating in the grievance process;
(d) Retaliation or intimidation for exercising any right under the Rules of the State Personnel Board or policies of the agency;
(e) Erroneous, arbitrary, or capricious interpretation or application of policies and procedures;
(f) Unsafe or unhealthy working condition(s); or
(g) Any matter specifically included as grievable by an agency's policies or procedures.
(5) Non-Grievable Issues.
An employee may not file a grievance related to:
(a) Issues that are pending or have been adjudicated by the Georgia Commission on Equal Opportunity, or through other state or federal administrative or judicial procedures;
(b) Issues that are subject to appeal, review, or relief as provided for in other policies and procedures;
(c)Performance responsibilities, expectations, and evaluations;
(d) Demotion, reassignment, furlough, or termination of employment, including but not limited to those resulting from a Reduction in Force or job abolition;
(e) Selection of an individual to fill a position, unless an allegation is made that the selection is in violation of the State Personnel Board Rules, agency policy, or state or federal law.
(f) Permanent changes in work hours or duties and responsibilities, unless a change is unsafe, illegal, discriminatory, or a prohibited practice;
(g) Temporary work assignments that do not exceed 90 days;
(h) Budget and organizational structure, including the number or assignments of positions in any organizational unit;
(i) Relocation of employees unless the relocation qualifies for reimbursement under the regulations promulgated by the Office of Planning and Budget;
(j) Internal security practices established by the agency; or
(k) Any matter that is not within the jurisdiction or control of the agency.
(6) Multiple Grievances.
Multiple grievances by an employee may be consolidated into a single grievance. Separate grievances filed by two or more employees regarding the same issue(s) may be consolidated into a group grievance. Alternatively, employees having a common grievance may sign and submit one group grievance, identifying up to two grievants as selected spokespersons for the group. Employees who choose to file a group grievance waive their individual rights to file separate grievances on the same subject.
(7) Grievance Procedure.
An employee may initiate a grievance by filing a State or Agency Grievance Form with the Agency Grievance Coordinator. A grievance is considered received on the day it is delivered to the Agency Grievance Coordinator by mail, facsimile, or personal delivery.
(a)The grievance should identify:
1. The issue involved;
2. Parties involved;
3. The date(s) the incident or violation occurred (if known);
4. How the grievant was unfavorably affected or treated;
5. The relief sought; and
6. Any policy or procedure at issue and how it was erroneously interpreted or applied.
(b) An employee who needs assistance in processing a grievance may contact their Agency Grievance Coordinator.
(c) Time Limit for Filing Grievance. A grievance must be filed within 10 working days of the occurrence of the subject of the grievance or within 10 working days of the date the employee becomes aware or should have been aware of the problem. The Agency Grievance Coordinator may grant a waiver or extend the filing deadline based on a justifiable rationale. Any efforts to resolve an issue must take into consideration the deadline for filing a grievance.
(d) Initial Determination of Grievability of Issue. The Agency Grievance Coordinator will review the grievance to determine the grievability of the issue(s) and provide written notice to the parties that:
1. The issue is non-grievable, including the specific reasons for the determination, and that the grievance process is being terminated;
2. The issue alleges unlawful discrimination and/or harassment and will be processed according to the provisions of a separate complaint procedure for allegations of unlawful discrimination and/or harassment; or
3. The issue is grievable under this procedure.
(e) When a grievance involves allegations of unlawful discrimination and/or harassment, the Agency Grievance Coordinator will process the grievance in one of three ways:
1. Follow the grievance procedure set forth in this Rule;
2. Investigate the grievance according to an Agency policy specifically addressing unlawful discrimination and/or harassment complaint; or
3. Advise the grievant in writing that the Agency has concluded processing the grievance and that the grievant may present the matter to the Georgia Commission on Equal Opportunity or the Equal Employment Opportunity Commission.
(8) Agency Internal Review Process.
The Agency Head (or designee) will appoint an Agency Grievance Review Official.
(a) Within 15 workdays of appointment, the Agency Grievance Review Official will conduct a grievance review of the issues. The Official may:
1. Base the review solely on written statements and documents provided;
2. Interview grievants, witnesses and others;
3. Meet the parties to facilitate an agreement,
4. Clarify and/or interpret relevant agency policies, or
5. Explore alternative resolutions.
(b)Unless the parties have previously resolved the issue(s), the Grievance Review Official will submit his/her written findings and written recommendation(s) to the Agency Head (or designee).
(c)The Agency Head (or designee) will issue a written decision which will be final and will conclude the grievance process.
(9) General Time Provisions.
Employee grievances will be resolved by agencies within ninety days. Agencies in their discretion may adopt more specific time frames within this ninety day period.
(10) Preparation Time.
A grievant will be allowed up to four hours of regular work hours, as approved by the supervisor, to prepare a grievance or to prepare for a hearing or mediation session, without loss of pay or leave credits. Preparation time includes time spent reviewing the grievant's personnel file, preparing a grievance, meeting with witnesses, preparing for mediation or a review session. Preparation time is independent of any time spent in a mediation session or a grievance review session with the Grievance Review Official.
(a) No more than 12 hours of regular work hours per employee per calendar year will be permitted for preparation time associated with grievances. The grievant must obtain advance approval for preparation time during regular work hours from their supervisor. A request to prepare during a particular time may be denied due to operational or other business needs.
(b)The Agency Grievance Coordinator will determine what constitutes reasonable time and has the authority to resolve any dispute regarding the determination of reasonable and necessary time for preparing a grievance and participating in the process.
(11) Representation.
An agency may allow a grievant to represent himself/herself during the grievance process or to be represented by a third party who is an employee of the same agency as the grievant and who has been properly authorized for absence from regular work duties. A non-employee third party representative is not permitted unless otherwise required by state or federal law, rules or regulations.
(a) When representation is authorized by the agency, a reasonable effort must be made to allow a third party representative to be absent and to provide up to four hours of on-duty time per grievance for the purpose of assisting the grievant. This time will be considered regular work hours of the third party representative and should be provided without loss of pay or leave credits. Employees will only be allowed authorized work time to serve as a third party representative or to assist in grievance preparation with advance approval and for up to two grievances per calendar year. Time spent as a participant in a grievance review meeting will be considered work time.
(12) Mediation.
At any point during the process, a party to a grievance may request that the grievance be referred to mediation. The Agency Grievance Coordinator will make the final determination regarding the appropriateness of mediation
(13) Withdrawal of Grievance.
A grievant may withdraw his/her grievance at any point during the process by submitting a request in writing to the Agency Grievance Coordinator. A grievance that is withdrawn may not be re-filed.
(14) Recordkeeping and Reporting Requirements.
Agencies must maintain the records of each grievance filed, as well as the nature and disposition of all grievances filed, for a minimum of two (2) years. The Commissioner may audit the records and may require each agency to file a report reflecting the number, nature, and disposition of grievances filed.
(a) Agencies will report to the Commissioner grievances filed under this Rule. The Commissioner shall compile an annual summary of issues raised through the grievance process for the Board. The summaries will contain, at a minimum, information reported by each agency indicating the number of grievances, a categorization of issues raised, and the timeliness in processing the grievances.
(15) Emergency Provisions.
With justifiable cause, the agency may suspend the right of grievance described under this Rule and related procedures for all or part of an agency for a period not exceeding 30 days. Prior to the suspension, the agency must provide reasonable notice to the Commissioner stating the reasons for the suspension. In consultation with the Commissioner, the agency may also extend the suspension.
(a) A suspension of the right of grievance may delay the review of grievances filed before the suspension but may not prejudice these grievances in any other way. Any grievance that would have been filed had the suspension period not been imposed must be filed within 15 calendar days after the period of suspension has expired.
(b)The Commissioner may revoke the suspension to file grievances, if the reasons for the suspension are deemed to be without merit, by notifying the agency in writing of the intent do so. The agency must revoke the suspension and process grievances promptly once the Commissioner has ordered the restoration of the right to file grievances.
