Division:

Human Resources (HR)

Title:

Standard Operating Procedures

Procedure:

GRIEVANCE DIRECTIVE III-8, EMPLOYEE GRIEVANCE POLICY GUIDELINES

Original Effective Date:

 

Revised Effective Date:

4/10

 

Directive III-8, Employee Grievance Policy Guidelines

 

Step 1: Review by Immediate Supervisor †††(Note:Dismissals, Demotions and Disciplinary Suspensions Without Pay) appeals are initially filed at Step 2.)

 

Appeals involving allegations of unlawful discrimination must be filed within the above timeframe or directly with the State Personnel Commission within 30 calendar days after receipt of notice of the decision or action which triggers the right of appeal. Complaints alleging unlawful workplace harassment but not involving a grievable issue shall be investigated and a written response provided by management no later than 60 calendar days from receipt of the complaint.The Division/Facility/School EEO Officer may be involved in these complaints. (Unlawful Workplace Harassment Policy)

 

Note:†† Alternative Dispute Resolution (ADR) is not currently a part of DHHS Directive III-8.

 

Appeal must be received by the immediate supervisor on the Employee Grievance Filing Form DHHS 0660 within 15 calendar days from the date of the problemís occurrence or from the date the employee knew, or by reasonable diligence should have known, of its occurrence. A copy of the appeal must be submitted to the division/facility/school HR office. All appeals should bear the HR date stamp to acknowledge the receipt date. The immediate supervisor must provide a written response to employee within 5 calendar days with a copy to HR.

 

Refer to Mediation

 

Step 2: Appeal to the Unit Director†† (Step 2 is the final appeal for written warnings.Denial of promotion based on alleged discrimination or denial of state priority start at Step 2 if decision made above the immediate supervisorís level.)

 

Appeal must be received by an authorized person in HR within 5 calendar days from the date grievant received the Step 1 response. The unit director must provide a written response to employee within 10 calendar days. Upon receipt of the Step 2 appeal, the unit director may review the matter personally or delegate it to (a) suitable person(s) for review. If requested by grievant, the director shall meet personally or confer by telephone with the grievant before giving a written decision. This responsibility may not be delegated.

 

Step 3: Appeal to Secretary, DHHS

 

Appeal must be received by an authorized person in HR within 5 calendar days from the date the grievant received the Step 2 response. HR shall forward Step 3 appeal package to Central Office ER within 5 calendar days of receipt.The package should include the following:

1.        Copy of the action appeal (dismissal letter, selection announcement, etc.)

2.        Copies of prior appeals (Step 1, if applicable, and Step 2)

3.        Copies of Step 1 and Step 2 decisions

4.        Copies of documents proving dates of receipt of Step 1 and Step 2 decisions

5.        Copy of completed DHHS Form 0660 with attachments

6.        Copy of Managementís Response to Step 3 Appeal (DHHS Form 0659).Mail 2nd copy to Grievant within 5 calendar days of appeal receipt.

 

Note: ††The grievance process shall be completed as follows:

         within 60 calendar days of the initial filing of a grievance alleging unlawful workplace harassment and

         within 90 calendar days of the initial filing of a grievance of a dismissal or demotion,

         within 120 calendar days of the initial filing of all other grievances, unless the grievant agrees to additional time.

 

Note:†† When counting calendar days, all days count including holidays and weekends.If the due date falls on a holiday or †††††weekend, the appeal is considered timely filed on the first regular business day following the weekend or holiday.

 

 

 

WEBSITE RESOURCES:

 

DHHS Directive III-8, Employee Grievance Policy

http://info.dhhs.state.nc.us/olm/manuals/oos/dir/man/DirIII-08.pdf

 

DHHS Employee Relations, Appendix B -Employee Grievance Policy Summary

http://info.dhhs.state.nc.us/olm/manuals/dhs/pol-50/man/Pol2_ER_AppendixB1.htm

 

State Personnel Policy, Employee Appeals or Grievances

http://www.osp.state.nc.us/manuals/manual99/app&grie.pdf