Current through Register Vol. 39, No. 6, September 16, 2024
(a) All
agencies and universities shall adopt an Employee Grievance Policy, which shall
be approved by the State Human Resources Commission, based on the standards in
Paragraph (d) of this Rule.
(b)
Grievances filed that are not in accordance with Subparagraph (d)(5) of this
Rule shall be dismissed.
(c) A
grievant who has an unexcused failure to attend the Step 1 - Mediation or Step
2 - Hearing as scheduled forfeits the right to proceed with the grievance
process.
(d) An agency or
university grievance process shall include the following:
(1) a list of who may file a
grievance;
(2) a list of grounds
for filing a grievance under the internal grievance process;
(3) a list of grounds for which contested
cases may be brought to the Office of Administrative Hearings after the
conclusion of the grievance process in accordance with
G.S.
126-34.02;
(4) an informal process for attempting to
resolve a grievable issue prior to the employee's filing a formal
grievance;
(5) a 30-day timeframe
in which grievable issues must be raised in both the informal and formal
grievance process, except for grievances covered by Rule .0603 of this
Subchapter;
(6) a 90-day timeframe
in which the agency or university must complete the entire informal process and
the process shall describe each step of the formal grievance process;
(7) mediation shall serve as Step 1 of the
formal grievance process. A description of the mediation process and timeframe
to be followed in Step 1 shall state that a mediation agreement is legally
binding and that if impasse occurs, the agency shall inform the grievant of the
Step 2 grievance process and timeframe for filing;
(8) a hearing shall serve as Step 2 of the
formal grievance process. A description of the hearing process and timeframe to
be followed in Step 2 shall be provided, including that a grievant has the
opportunity to present the grievance orally to a hearing officer or hearing
panel. The hearing officer or hearing panel chair shall draft a proposed
recommendation with findings of fact for a Final Agency Decision;
(9) the process and timeframe for the
proposed recommendation to be submitted to the Office of State Human Resources
for review and approval;
(10)
information about any applicable appeal rights to the Office of Administrative
Hearings shall be included in the Final Agency Decision;
(11) the responsibilities of all parties
involved in the grievance process to include: grievant, respondent, hearing
officer or hearing panel and chair, agency and university Human Resource
Office, Equal Employment Officer, Affirmative Action Officer, Agency Head and
designee, and the Director of the Office of State Human Resources and
designees; and
(12) the manner in
which changes in the grievance policies shall be communicated to
employees.
