Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 151B.035(3)(t), 151B.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(3)(t)
requires the Executive Director of the Office of Career and Technical Education
to promulgate administrative regulations governing employee grievances and
complaints. KRS 151B.055(3)(a) requires the Office of Career and Technical
Education to prescribe a form to complete by an employee who wishes to file an
appeal. This administrative regulation establishes the requirements governing
employee grievances.
Section 1.
Definition. "Grievance" means a complaint filed by an employee which concerns
working conditions over which the Office of Career and Technical Education has
control and which has specifically occurred, or of which the employee has
become aware, within thirty (30) calendar days prior to filing.
Section 2. General Provisions.
(1) An employee in the certified and
equivalent personnel system who believes that the employee has been subjected
to unfair or unjust treatment concerning the conditions of employment may file
a grievance in accordance with this administrative regulation.
(2) A grievance concerning an action which is
appealable directly to the Kentucky Technical Education Personnel Board may be
filed with the Office of Career and Technical Education. The filing of a
grievance with the office shall not:
(a)
Prohibit the employee from filing an appeal with the Kentucky Technical
Education Personnel Board; or
(b)
Extend the thirty (30) calendar day appeal period.
(3) An employee shall be entitled to file
grievances without interference, coercion, discrimination, or
reprisal.
(4) The appointing
authority shall inform all employees in the Office of Career and Technical
Education of the provisions of this administrative regulation, or any
modifications in the levels of review.
(5) The Executive Director of the Office of
Career and Technical Education shall make available to employees, through the
appointing authority, the "Grievance Form -151B", which shall be used to file a
grievance. The form shall contain a notice that, if the grievance concerns an
action appealable directly to the Kentucky Technical Education Personnel Board
pursuant to KRS 151B.055, the employee's right to file an appeal shall not be
extended beyond thirty (30) calendar days.
(6) A state employee shall not use state
time, equipment, materials, or personnel in pursuing a grievance.
Section 3. Procedures.
(1) A grievance shall be filed with the
employee's immediate supervisor within thirty (30) calendar days following
occurrence, or the employee becoming aware through the exercise of due
diligence, of the action which is the subject of the grievance. If an act of
the immediate supervisor is the basis for the grievance, the grievance shall be
filed with the next line supervisor.
(2) The employee shall set forth in writing
the basis of the grievance or complaint together with the corrective action
desired. If the employee wishes to submit additional information or
documentation, the employee shall attach it to the grievance.
(3) If a grievance is filed that alleges
harassment or discrimination on the basis of race, color, religion, national
origin, sex, disability or age, the recipient shall immediately notify the
Executive Director of the Office of Career and Technical Education and the
Office of Equal Employment Opportunity (EEO) Coordinator to comply with the
affirmative action plan.
(4) An
interview to evaluate or investigate the grievance outside of normal work hours
with the grievant or other employees shall entitle those employees to
compensatory time.
(5) An interview
to evaluate or investigate the grievance held with the grievant or other
employee shall not require the use of leave time.
(6) Both parties shall be given the
opportunity to have a representative present at each step of the grievance
procedure.
Section 4.
Grievance Levels.
(1)
(a) Except as provided in paragraph (d) of
this subsection, the immediate supervisor shall, upon investigation, issue
findings and a decision in writing to the employee within ten (10) working days
after receipt of the grievance.
(b)
If the first line supervisor is unable to resolve the complaint to the
satisfaction of the employee, the employee may request review of the grievance
within five (5) working days of receipt of the decision to the second line
supervisor.
(c) If the area
supervisor or the division director is the first line supervisor, the request
for review shall automatically be requested from the Ombudsman for the Office
of Career and Technical Education.
(d) In accordance with Section 3(1) of this
administrative regulation, if an act of the immediate supervisor was the basis
for the grievance:
1. The immediate supervisor
shall not investigate or issue findings or a decision; and
2. The grievance shall be investigated by the
second line supervisor, with subsequent appeals available, as provided in
subsections (2) through (6) of this section.
(2)
(a) The
second line supervisor shall, upon investigation, issue findings and a decision
in writing to the employee within ten (10) working days after receipt of the
grievance.
(b) If the second line
supervisor is unable to resolve the complaint to the satisfaction of the
employee, the employee may request review of the grievance within five (5)
working days of receipt of the decision to the ombudsman in the Office of
Career and Technical Education.
(3) If the ombudsman is unable to mediate the
grievance to the satisfaction of the employee, the employee may request review
of the grievance within five (5) working days of receipt of the decision to the
Executive Director of the Office of Career and Technical Education or his
de-signee for a final determination. The executive director, upon
investigation, shall issue findings and a final determination in writing to the
employee within ten (10) working days.
(4) Failure of supervisory or management
personnel to respond within the prescribed time limits shall be grounds for the
advancement of the grievance to the next review level, unless the time limits
have been extended by agreement of the parties.
(5) An intermediate grievance level may be
waived by written agreement of the parties.
Section 5. Incorporation by Reference.
(1) "Grievance Form-151B", revised 7/2008, is
incorporated by reference.
(2) This
material may be inspected, copied or obtained, subject to applicable copyright
law, at the Office of Career and Technical Education, Capital Plaza Tower, 20th
Floor, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p.m.
17 Ky.R. 748; eff.
10-14-1990; 27 Ky.R. 1883; 2446; eff. 3-19-2001; 28 Ky.R. 1208; eff. 1-14-2002;
35 Ky.R. 1873; 2238; eff. 5-1-2009; TAm eff. 6-4-2009; Crt eff.
6-28-2019.
STATUTORY AUTHORITY: KRS 151B.035(3)(t)