New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle O - Office of Employee Relations
Chapter I - Grievance Appeals Board
Part 560 - Submission And Settlement Of Grievances Of State Employees
Section 560.2 - Grievances; procedural requirements
Current through Register Vol. 46, No. 12, March 20, 2024
The head of each State department or agency shall establish formal procedures for submission of grievances by employees or their representatives (subject to the provisions of section 1 of the Executive order) and for prompt and orderly consideration and determination of such grievances by supervisors and the department or agency head, subject to the approval of the grievance appeals board. Procedures for such department or agency shall include provision for no more than three procedural steps as follows:
(a)
(b) Departmental or agency procedures shall provide that the grievance forms provided by the State shall be readily available to all employees. The locations where these forms are available shall be specifically identified.
(c) The time limits contained in this section may be extended for a specific grievance by consent of the grievant or his representative and the department or agency. Departments and agencies are authorized, subject to approval by the grievance appeals board, to combine steps 2 and 3 or to vary the time limits in steps 1, 2 and 3 of the grievance steps. The time for presenting a step 1 grievance shall be extended by the time an employee is absent from the job through illness or disability, provided such illness or disability extends for at least 10 calendar days.
(d) A settlement or award recommended by the Board may or may not be retroactive as the equities of each case demand, but in no event shall such a resolution be retroactive to a date earlier than 45 days prior to the date the grievance was first presented in accordance with these regulations and the executive order or the date the grievance occurred, whichever is the later date.
(e) Failure of the department or agency representative to answer a grievance within the time limit prescribed in any step of the grievance procedure shall permit the employee or his representative to progress the grievance to the next step for decision.
(f) Any grievance not appealed by the employee or his representative to the next step of the grievance procedure within the time limit prescribed shall be considered settled on the basis of the last decision and is not subject to further appeal or consideration.
(g) Employee information. Each department or agency head shall take such steps as may be necessary to insure that all employees and supervisors under his jurisdiction may be fully informed of the grievance procedures adopted pursuant to the executive order and of their rights and obligations thereunder.
(h) The grievance appeals board shall publish and distribute copies of the executive order, its regulations and other pertinent information to the end that employees shall be informed of their rights under the executive order.