Wisconsin Administrative Code
Department of Administration-Division of Personnel Management
Chapter ER 46 - Grievance Procedure
Section ER 46.03 - Scope
Universal Citation: WI Admin Code ยง ER 46.03
Current through February 24, 2025
(1) Under this chapter, an employee may grieve issues which affect his or her conditions of employment, including any matter on which the employee alleges that coercion or retaliation has been practiced against the employee except as provided in sub. (2).
(2) An employee may not use this chapter to grieve:
(a) A personnel action or decision of the
director or the administrator that is directly appealable to the Wisconsin
Employment Relations Commission under s. 230.44, Stats.;
(b) An action delegated by the director or by
the administrator to an appointing authority that is directly appealable to the
Wisconsin Employment Relations Commission under s. 230.44, Stats.;
(c) A demotion, suspension without pay,
discharge, removal, layoff, or reduction in base pay that is grievable under s.
230.445, Stats.;
(d) A personnel
action after certification which is related to the hiring process that is
appealable to the Wisconsin Employment Relations Commission under s. 230.44,
Stats.;
(e) Denial of hazardous
employment benefits under s. 230.36(4), Stats.;
(f) The reassignment of a career executive
employee under s. ER-MRS 30.07(1);
(g) The failure of a supervisor to process a
reclassification request.
(h) An
oral reprimand;
(hg) A written
instruction related to job performance or work conduct;
(hr) The evaluation methodology used by an
employer to determine a discretionary pay award or the amount of the
award;
(i) The content of written
agency rules and policies;
(j) A
condition of employment which is a right of the employer as defined in s. ER 46.04; or
(k) Any matter related to
wages, hours of work, and fringe benefits.
An employee may appeal actions or decisions listed in sub. (2) (a) through (e) directly to the Wisconsin employment relations commission under s. 230.44, Stats.
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