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Division: |
Human Resources (HR) |
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Title: |
Standard
Operating Procedures |
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Procedure: |
GRIEVANCE
DIRECTIVE III-8, EMPLOYEE GRIEVANCE POLICY GUIDELINES |
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Original Effective
Date: |
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Revised Effective Date: |
4/10 |
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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 problem’s 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 supervisor’s
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 Management’s 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 |
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