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478-1-.21 EMPLOYEE GRIEVANCE PROCEDURE. (08-28-97/09-04-97)
SECTION 21.100. APPLICABILITY, PURPOSE, POLICY AND NON- ELIGIBLE EMPLOYEES.
PAR. 21.101. Applicability. In accordance with Section 3.700 of the Rules of the State Personnel Board, the following rules on the administration of the Uniform Employee Grievance Procedure shall be applicable to employees in the classified service. (11-15-95/01-01-96)
PAR. 21.102. Policy. It is the policy of the State Personnel Board that every eligible employee may file and process a grievance. Employees shall be free to use the grievance procedure without fear of unlawful discrimination or reprisal. (11-15-95/01-01-96)
PAR. 21.103. Purpose. The purpose of the Employee Grievance Procedure is to provide a uniform and orderly process for addressing employee grievances and reaching a fair and equitable decision in a timely manner. The employee and the respective supervisor are encouraged to make reasonable effort to identify the issues involved and the remedy sought and to resolve any dispute before a written grievance is filed. The effort to resolve may include the use of mediation as set forth in Rule 29. (03-26-98/04-02-98)
PAR. 21.104. Improper Use of the Grievance Process. Any state officer, supervisor, management representative or employee who knowingly supplies false or misleading information in a grievance, or who attempts to harass, intimidate, or retaliate against any employee, state officer, supervisor, or management representative as a result of filing a grievance, or providing testimony or evidence regarding a grievance, shall be subject to disciplinary action up to and including dismissal from employment. (11-15-95/01-01-96)
PAR. 21.105. Notification. The appointing authority shall post, in prominent locations, a notice to employees stating the eligibility to file a grievance. Such notice shall include a telephone contact for securing information and assistance regarding the grievance process and where the employee may review the departmental grievance procedure. The appointing authority shall make reasonable effort to provide local and/or toll-free access available for such assistance. (11-15-95/01-01-96)
PAR. 21.106. Eligibility. A classified employee who has attained permanent status during the current period of continuous service and whose employment averages twenty (20) or more hours per week shall be eligible to file a grievance. Any other employee, in the sole discretion of the appointing authority, may be included in the grievance process. An otherwise eligible employee who has been notified of termination shall not be eligible to file a grievance. (11-15-95/01-01-96)
SECTION 21.200. DEFINITIONS.
PAR. 21.201. "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. (11-15-95/01-01-96)
PAR. 21.202. "Filing" means the act of an employee submitting a state grievance form to the appropriate agency personnel office. (11-15-95/01-01-96)
PAR. 21.203. "Certified Grievance Hearing Officer" means an individual who has successfully completed certification requirements established by the Commissioner which may include training or experiential requirements. (11-15-95/01-01-96)
PAR. 21.204. "Certified Grievance Hearing Officer Pool" or "Pool" means a list of those employees who are Certified Grievance Hearing Officers and who are available for hearing grievances. (11-15-95/01-01-96)
PAR. 21.205. "State Grievance Form" means a form approved by the Commissioner for the filing of employee grievances. (11-15-95/01-01-96)
PAR. 21.206. "Receipt" means the date and time at which a document is delivered to the addressee by mail, facsimile or personal delivery. (08-28-97/09-04-97)
PAR. 21.207. "Workday" means a Monday through Friday business day exclusive of state holidays. (08-28-97/09-04-97)
SECTION 21.300. GRIEVABILITY.
PAR. 21.301. Grievable issues shall be:
A. Allegations of unlawful discrimination because of race, color, sex, national origin, disability, age or religious or political opinions or affiliations; (11-15-95/01-01-96)
B. Allegations of sexual harassment; (11-15-95/01-01-96)
C. Harassment, retaliation or intimidation for exercising any right provided under the Rules of the State Personnel Board or policies of the appointing authority; (11-15-95/01-01-96)
D. Retaliation for using the grievance procedure; (11-15-95/01-01-96)
E. Erroneous, arbitrary or capricious interpretation or application of personnel policies, procedures, rules, regulations, ordinances and statutes; (08-28-97/09-04-97)
F. Unsafe or unhealthful working conditions; and, (08-28-97/09-04-97)
G. Any matter specifically included as grievable by departmental policy or procedure. (08-28-97/09-04-97)
PAR. 21.302. Non-Grievable issues shall be:
A. Issues which are pending or have been concluded by direct appeal to the State Personnel Board, the Georgia Commission on Equal Opportunity or through other administrative or judicial procedures; (11-15-95/01-01-96)
B. Issues which are subject to appeal, review or relief through other provisions of the rules; (11-15-95/01-01-96)
C. Performance responsibilities, expectations or evaluations; (11-15-95/01-01-96)
D. Relocation of employees, except where the costs of relocation qualify for reimbursement under regulations promulgated by the Office of Planning and Budget; (11-15-95/01-01-96)
E. Temporary work assignments which do not exceed ninety (90) calendar days; (11-15-95/01-01-96)
F. Permanent changes in work hours or duties and responsibilities unless such changes are manifestly unsafe, illegal, or can be shown to adversely affect an employee's personal employment as defined in Par. 21.201; (11-15-95/01-01-96)
G. Budget and organizational structure, including the number or assignment of positions in any organizational unit; (11-15-95/01-01-96)
H. Internal security practices established by the appointing authority; (11-15-95/01-01-96)
I. The selection of an individual to fill a position unless it is alleged that the selection is in violation of a written agency policy or Board rules on filling vacancies; (11-15-95/01-01-96)
J. Demotion of an employee on working test as defined in Rule 10; (11-15-95/01-01-96)
K. Termination, demotion, reassignment, furlough, layoff from duties because of lack of work, or other actions resulting from a reduction in the work force or job abolition; (11-15-95/01-01-96)
L. Any matter which is not within the jurisdiction or control of the appointing authority. (11-15-95/01-01-96)
PAR. 21.303. Written and Oral Reprimands. Each appointing authority shall provide in its departmental grievance procedure that issues involving written reprimands or written confirmation of oral reprimands shall, upon request of an affected employee, be considered by a designated agency official(s). A designated official shall not be the immediate supervisor of the employee and shall have the authority to order such documents modified or removed from the employee's records. A written response shall be provided to the employee within five (5) workdays of receipt by the designated official. (08-28-97/09-04-97)
SECTION 21.400. GENERAL PROVISIONS.
PAR. 21.401. Each agency head shall establish a departmental procedure to effectuate the Employee Grievance Procedure and shall file a copy of such procedure with the Commissioner for approval. The departmental procedure shall specify: (03-26-98/04-02-98)
A. Where and with whom grievances are to be filed; and, (03-26-98/04-02-98)
B. Which departmental staff shall be available to assist employees in filing grievances. (03-26-98/04-02-98)
PAR. 21.402. Mediation. At any step in the procedure, a grievance may be referred to mediation by the personnel office when deemed appropriate to the issue of the grievance. Additionally, any party to a grievance may request that the grievance be referred to mediation; provided, however, that the personnel office shall make the final determination regarding the appropriateness of mediation referral for the grievance. (11-15-95/01-01-96)
PAR. 21.403. Reserved. (08-28-97/09-04-97)
PAR. 21.404. Complaint to the Merit System. A grievant may file a complaint with the Commissioner if, at any step in this procedure, the personnel office, Certified Grievance Hearing Officer or appointing authority fails to adhere to specified time limits. The Commissioner shall review the complaint and take such action as is deemed appropriate. (11-15-95/01-01-96)
PAR. 21.405. Withdrawal of Grievance. At the sole discretion of a grievant, a grievance may be voluntarily withdrawn at any point in the procedure. The grievance shall be considered terminated and may not be refiled. (11-15-95/01-01-96)
PAR. 21.406. Third Party Representation. Employees may represent themselves or be represented by a third party of their own choosing. The appointing authority shall, by written policy, define which employees may serve as third party representatives and the amount of duty time permitted to assist a grievant. Non-employee third party representation shall not be permitted unless required by law or rule. (08-28-97/09-04-97)
PAR. 21.407. Assistance in Processing. Each appointing authority shall designate staff to be available to assist employees with filing grievances. In no case shall the staff assigned to assist an employee be a party or respondent to the employee's grievance. (11-15-95/01-01-96)
PAR. 21.408. Preparation Time. (11-15-95/01-01-96)
PAR. 21.408.1. A grievant shall be allowed up to four (4) hours of duty time, as approved by the supervisor, to prepare a grievance or to prepare for a hearing or mediation session. Such time shall be during regular work hours, without loss of pay or leave credits. Preparation time shall include such activities as meeting with witnesses and reviewing the grievant's personnel file. Under no circumstances shall any employee be granted more than twelve (12) hours per calendar year for such purposes. (11-15-95/01-01-96)
PAR. 21.408.2. The personnel office shall have the authority to resolve any dispute regarding the determination of reasonable and necessary time for processing a grievance. (11-15-95/01-01-96)
PAR. 21.409. Group Grievances. (11-15-95/01-01-96)
PAR. 21.409.1. Spokesperson for Group. Employees having a common grievance may sign and submit one group grievance, indicating not more than two (2) grievants as selected spokespersons. Group grievances shall eliminate the right of the grievants to pursue that grievance on an individual basis through this procedure. (11-15-95/01-01-96)
PAR. 21.409.2. Management Right to Consolidate. The personnel office may consolidate grievances as follows: (11-15-95/01-01-96)
a. Multiple grievances filed by an employee may be consolidated into a single grievance, or; (11-15-95/01-01-96)
b. Separate grievances filed by two (2) or more employees regarding the same issue(s) may be consolidated into a group grievance. (11-15-95/01-01-96)
PAR. 21.410. Grievances Alleging Unlawful Discrimination. Upon receipt of a grievance alleging unlawful discrimination based on race, color, sex or sexual harassment, national origin, disability, age, religious or political opinions or affiliation, the personnel office shall review and process the grievance in one of the following ways: (08-28-97/09-04-97)
A. Allow the grievance to proceed through the grievance procedure as set out in this rule; (11-15-95/01-01-96)
B. Investigate the grievance pursuant to a departmental procedure designed specifically for unlawful discrimination complaints, in which case the time limitations specified in other provisions of this rule may be extended by thirty (30) calendar days; or, (11-15-95/01-01-96)
C. Advise the grievant, in writing, that the agency has concluded processing of the grievance and that the grievant may present the matter to the Georgia Commission on Equal Opportunity or the Equal Employment Opportunity Commission. (11-15-95/01-01-96)
SECTION 21.500. CERTIFIED GRIEVANCE HEARING OFFICER POOL.
PAR. 21.501. Establishment of the Pool. (11-15-95/01-01-96)
PAR. 21.501.1. The Commissioner shall establish procedures for the creation of a Certified Grievance Hearing Officer Pool. Such procedures shall, to the extent feasible, include provisions for: (11-15-95/01-01-96)
a. The nomination and self-nomination of employees; (11-15-95/01-01-96)
b. A geographic and cultural balance reflective of workforce diversity; and, (11-15-95/01-01-96)
c. A balance of nonmanagement and management employees. (11-15-95/01-01-96)
PAR. 21.501.2. The Commissioner shall provide for a course of instruction to train selected employees as grievance hearing officers. (11-15-95/01-01-96)
PAR. 21.501.3. An employee who satisfactorily completes the required course of instruction and meets any other criteria deemed appropriate by the Commissioner, shall be designated as a Certified Grievance Hearing Officer. (11-15-95/01-01-96)
PAR. 21.501.4. The Commissioner shall maintain a pool capable of accommodating all requests for usage in a timely and expeditious manner. (11-15-95/01-01-96)
PAR. 21.502. Use of the Pool. (11-15-95/01-01-96)
PAR. 21.502.1. Upon request of a personnel office, the Commissioner shall provide a Certified Grievance Hearing Officer selected from the Pool. Assignment of Certified Grievance Hearing Officers may be limited to employees of the requesting agency; provided, however, the Certified Grievance Hearing Officer shall not be an employee in the direct vertical managerial hierarchy of the grievant; shall not have any familial relationship to any of the parties to the grievance; and, shall not have any foreknowledge of the issues being grieved. (11-15-95/01-01-96)
PAR. 21.502.2. A Certified Grievance Hearing Officer shall be assigned within the same geographic region as the Certified Grievance Hearing Officer's work location unless the Commissioner determines that such assignment is not feasible. (11-15-95/01-01-96)
PAR. 21.502.3. The grievant or the personnel office may object to the selection by stating the reasons for the objection. The Commissioner shall consider the reasons for the objection and shall uphold the original selection or provide an alternative Certified Grievance Hearing Officer. If the Commissioner removes a hearing officer, the Commissioner shall, in writing, notify the grievant and the personnel office of the basis for the decision. The decision of the Commissioner shall be final. (08-28-97/09-04-97)
PAR. 21.502.4. Transportation and subsistence expenses incurred by a Certified Grievance Hearing Officer in the course of all official duties related to the conduct of a hearing shall be the responsibility of the requesting department. Payments shall be made according to official statewide travel guidelines promulgated jointly by the State Department of Audits and the Office of Planning and Budget. Further, the Commissioner may establish administrative guidelines for Pool administration which shall be followed by the requesting department in reimbursing the Certified Grievance Hearing Officer's department for any additional miscellaneous expenses incurred during the discharge of hearing and post-hearing responsibilities. (11-15-95/01-01-96)
SECTION 21.600. GRIEVANCE PROCEDURE.
PAR. 21.601. Employee. An employee may initiate a grievance by filing a State Grievance Form with the departmental/institutional personnel office. (11-15-95/01-01-96)
PAR. 21.601.1. A grievance must be filed within ten (10) workdays of the occurrence upon which the grievance is founded, or within ten (10) workdays of the date the employee became aware, or should have become aware, of the problem through the exercise of reasonable diligence. The appointing authority, in its discretion, may grant a waiver or extension of the filing deadline. (08-28-97/09-04-97)
PAR. 21.601.2. The grievance shall contain a statement of the issue involved; how the grievant's employment has been unfavorably affected; the relief sought; and, the date(s), if known, that the incident(s) or violation(s) occurred. If the grievance involves interpretation or application of rule or policy, the grievance shall identify the rule or policy at issue. (11-15-95/01-01-96)
PAR. 21.602. Extension of Time Limits. (11-15-95/01-01-96)
PAR. 21.602.1. Upon the agreement of all parties to a grievance, any time limit specified in this rule may be extended. (11-15-95/01-01-96)
PAR. 21.602.2. The personnel office or the Certified Grievance Hearing Officer may extend any time limit specified in this rule due to emergency, medical disability or legally mandated absence on the part of the grievant, third party or departmental representative, a witness or the Certified Grievance Hearing Officer. The grievant shall be immediately notified of the period of extension and the reasons therefor. (11-15-95/01-01-96)
PAR. 21.602.3. Informal Resolution. An appointing authority may, by written policy, require the State Grievance Form to be filed with the employee's immediate supervisor in order to attempt to informerly resolve the issues. Such policy shall, at a minimum, specify: (08-28-97/09-04-97)
a. The supervisor shall file a copy of the Form with the departmental/institutional personnel office; (08-28-97/09-04-97)
b. The levels of supervision that may be involved in the process; (08-28-97/09-04-97)
c. The informal process may not exceed fifteen (15) calendar days; and, (08-28-97/09-04-97)
d. If the employee has not received a satisfactory resolution of the issues by the end of the informal process, the employee may, within five (5) workdays, direct the personnel office to proceed with the grievance. (08-28-97/09-04-97)
PAR. 21.603. Personnel Office. Within ten (10) workdays of receipt of a grievance, the personnel office shall review the grievance to determine the grievability of the issue(s) and shall notify, in writing and including specific reasons for the determination, the parties to the grievance that: (08-28-97/09-04-97)
A. The grievance alleges unlawful discrimination and shall be processed in accordance with the provisions of Par. 21.410; (11-15-95/01-01-96)
B. The issue is nongrievable, and that the process is being terminated; or, (11-15-95/01-01-96)
C. The issue is grievable. (11-15-95/01-01-96)
PAR. 21.603.1. If the issue is determined to be grievable, the notice shall specify the manner in which the grievance is to be processed. The notice shall also be provided to the first level of supervision having the authority to grant the requested relief. (11-15-95/01-01-96)
PAR. 21.603.2. Within twenty-one (21) calendar days of issuing a notice that an issue is grievable, the personnel office shall: (08-28-97/09-04-97)
a. Attempt to resolve the issues by facilitating an exchange of information between the parties, clarifying and/or interpreting rules or policies, or exploring alternative resolutions; (11-15-95/01-01-96)
b. Refer the parties to the Dispute Resolution Service as specified in Rule 29; or, (11-15-95/01-01-96)
c. Request the State Merit System assign a Certified Grievance Hearing Officer. (11-15-95/01-01-96)
PAR. 21.603.3. The total time permitted to complete the steps specified in Par. 21.603.1 and Par. 21.603.2 shall not exceed thirty-five (35) calendar days. (08-28-97/09-04-97)
PAR. 21.603.4. If the personnel office is unable to resolve the issues or a satisfactory resolution does not result from the Dispute Resolution Service, the grievant shall be notified that the services of a Certified Grievance Hearing Officer have been requested and the grievance shall proceed to a hearing. (08-28-97/09-04-97)
PAR. 21.604. Commissioner. Within five (5) workdays of receipt of a request for a Certified Grievance Hearing Officer, the Commissioner shall assign a Certified Grievance Hearing Officer to conduct a hearing on the issues. (08-28-97/09-04-97)
PAR. 21.605. Certified Grievance Hearing Officer. The Certified Grievance Hearing Officer shall, within fifteen (15) calendar days of assignment, conduct a grievance hearing and shall, barring agreement of the parties, render a written recommendation for resolution. The recommendation shall be presented to the agency head within fifteen (15) work days of the date of the hearing. (03-26-98/04-02-98)
PAR. 21.606. Agency Head. The agency head shall review the findings and recommendation(s) of the Certified Grievance Hearing Officer and shall issue a final decision within ten (10) workdays of receipt of the recommendation(s). (08-28-97/09-04-97)
PAR. 21.607. Grievances Regarding Hazardous Chemicals. Grievances alleging occupational exposure to hazardous chemicals shall be processed by the appointing authority in the same manner as all other grievances. Upon conclusion of the agency grievance process, if the employee is not satisfied with the decision of the appointing authority, the employee may file a grievance with the Commissioner of Labor. (Reference: O.C.G.A. 45-22-11). (11-15-95/01-01-96)
PAR. 21.608. State Personnel Board. Upon receipt of a final determination of a grievance, if the grievant believes that the appointing authority has violated any provision(s) of these rules, the grievant may file an appeal in writing to the Office of State Administrative Hearings. The appeal must be filed in accordance with the provisions of Par. 14.212 and within ten (10) calendar days of receipt of the final determination. The appeal must include the specific provision(s) of the rule alleged to have been violated and any documentation that would support the allegation. (03-31-99/06-24-99)
SECTION 21.700. MAINTENANCE AND AUDIT OF RECORDS.
PAR. 21.701. Each agency shall maintain a record of each grievance filed, as well as the nature and disposition of all grievances filed. These records shall be subject to audit by the Commissioner. (11-15-95/01-01-96)
PAR. 21.702. Each agency shall, upon the request of the Commissioner, file a report reflecting the number, nature, and disposition of grievances filed. The Commissioner must collaborate with the agencies in determining the categorization and the reporting format. (08-28-97/09-04-97)
PAR. 21.703. The Commissioner shall submit to the Board, annual summaries of the issues raised through the grievance procedure. The summaries shall, at a minimum, contain information reported by each agency indicating the number of grievances, a categorization of the issues, and the timeliness of processing the grievances. (11-15-95/01-01-96)
SECTION 21.800. EMERGENCY PROVISIONS.
PAR. 21.801. Suspension of Grievance Procedure. In the event of an emergency situation, the appointing authority may, upon written notice to the Commissioner stating the reasons therefor, suspend the right of grievance under this rule for all or part of the agency for a period not to exceed thirty (30) calendar days; provided, however, that on written request of the appointing authority, stating the reasons therefor, the suspension may be extended as approved by the Commissioner. (08-28-97/09-04-97)
PAR. 21.802. Rights During Suspension. A suspension of the eligibility to file a grievance as provided in Par. 21.801 may delay but shall not otherwise prejudice any grievance filed before the effective date of the suspension, nor shall the period of suspension be construed as cause to deny or otherwise limit any grievance filed within fifteen (15) calendar days after the period of suspension has expired. (08-28-97/09-04-97)
PAR. 21.803. Revocation of Suspension. If, in the opinion of the Commissioner, the reasons for suspension of the eligibility to file grievance are specious, without merit or insufficient, the Commissioner may, upon written notice to the appointing authority, revoke the suspension and direct that grievances be processed as provided in this rule. The appointing authority shall comply promptly with such order of the Commissioner. (11-15-95/01-01-96)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
