Current through Register Vol. 48, No. 38, September 20, 2024
a)
Definition: Any employee of the Office of the Secretary of State may grieve as
to the application of the Merit Employment Code, this Part or any policy
arising under this Part as to the impact of the applications upon the
employee's employment condition or status. The grievance must be filed on the
form prescribed by the Director of Personnel.
b) Limitation: The Secretary of State Merit
Employment Code, this Part and the official policy arising under this Part, the
Pay Plan, and the Rules of the Merit Commission (80 Ill. Adm. Code 50) are not
grievable matters. Terminations of noncertified employees, layoffs, charges
seeking discharge, demotions, suspensions totaling more than 30 days in any 12
month period of certified employees, appeals of allocation of duties, or
geographical transfers are not subject to the grievance procedure.
c) Abandonment - Extension: Failure of the
grievant to comply with the form or time requirements of the grievance
procedure shall result in forfeiture of the grievance, ending the grievance
process. Failure of the employer to comply with the time requirements shall
automatically advance the grievance to the next level. The parties may mutually
extend the time limits at any level of the procedure, except in cases of
hearings arising from demotion or discharge of a certified employee.
d) Representation: Parties to a grievance may
be represented by themselves or by a person of their own choosing at any level
of the proceedings.
e) Grievance
Procedure - Level 1:
1) Employees who believe
that they are aggrieved may within 5 scheduled work days of knowledge of the
circumstance giving rise to the grievance, present their grievance in writing
on the prescribed form to their immediate supervisor and it shall contain a
specific statement as to the nature of the grievance. The supervisor shall
attempt to adjust the problem, or, if he/she is without authority to do so,
he/she shall advise the employee as to the appropriate beginning level for
institution of their grievances.
2)
Immediate supervisors who are authorized to resolve grievances shall note the
receipt date of the grievances and shall make response within 10 working
days.
f) Grievance
Procedure - Level 2:
1) If an employee does
not accept the response of an appropriate supervisor at Level 1, the employee
may present the grievance to the department director or designee. The grievance
shall be submitted within 10 working days after the employee's official
notification of the supervisor's decision at Level 1 and it shall contain a
specific statement as to the nature of the grievance and as to the reason for
rejecting the resolution of the immediate supervisor.
2) The department director or designee shall
note the receipt date of the grievance and shall make written response within
10 working days. The written response shall be specific as to the reasons for
approval or denial of the grievance. In making a decision, the department
director or designee may make an investigation of the problem.
g) Grievance Procedure - Level 3:
1) An aggrieved employee who does not accept
the decision received at Level 2 may forward a written request on the
prescribed form to the Director of Personnel. The request shall be filed within
10 working days after the employee's receipt of the Level 2 decision and it
shall be specific as to the reasons for rejection of that decision.
2) The Director of Personnel or designee, in
his or her discretion, shall review the matter on its face or cause a meeting
of the parties. Following the review, or upon receipt and review of the
recommendation from the designee, the Director of Personnel shall release a
decision to all of the parties. The decision shall be in writing and shall be
final and binding upon the parties.
3) If a meeting is granted by the Director of
Personnel under subsection (g)(2), the Director of Personnel or designee shall
designate the location and time of grievance meetings and notify in writing all
parties involved. The Director of Personnel or designee shall grant a
continuance if either party demonstrates good cause. At the meeting, the
parties to a grievance may introduce such materials, documents and witnesses as
are necessary to resolve the problem. A list of all witnesses anticipated to be
called and documents to be presented shall be submitted to the Director of
Personnel 5 working days prior to the meeting. Necessary documents maintained
by the Office of the Secretary of State shall be reproduced without cost.
Witnesses who are employees of the Office of the Secretary of State shall not
be docked for absence from work while testifying at a grievance meeting. Should
a dispute arise as to the necessity of certain appearances or of the
reproduction of certain documents, the Director of Personnel shall be advised
and shall resolve the dispute.
