SECTION 11.40  GRIEVANCES AND APPEALS

Last Update:  2/08

 

 

Grievances

 

Employees who are covered by a collective bargaining agreement may only use the grievance process in Chapter 61 of the DAS Administrative Rules to grieve issues not covered in that agreement.  The union contract grievance process must be used for all grievances related to contract issues, including discipline.

 

All noncontract employees (regardless of merit system coverage) covered by the DAS Administrative Rules have access to the grievance process in Chapter 61 of those rules for issues not related to discipline.

 

For more information on the contract and noncontract grievance process, refer to sections 11.45 and 11.50 of this manual and Chapter 61 of the DAS Administrative Rules.

 

Disciplinary Appeals

 

Chapter 61 of the DAS Administrative Rules provides for an appeal process separate from the grievance process for noncontract employees in positions covered by merit system provisions who wish to appeal discipline (suspension, demotion, reduction of pay within grade, discharge).  The disciplinary appeal process may not be used by employees in positions not covered by merit system provisions.

 

For more information on the disciplinary appeal process, refer to Chapter 61 of the DAS Administrative Rules.

 

Other Appeals

 

Chapter 61 of the DAS Administrative Rules also provides for the appeal of actions taken by DAS-HRE.  Appeals may be filed with the Department of Inspections and Appeals regarding the removal of an applicant's name from a list of eligibles, the results from examinations used to rank applicants, and the decision to disqualify an applicant from competition due to lack of education or experience.

 

A separate appeal process is also provided for appeal of classification decisions.  This process is found in DAS Administrative Rule 11-52.5(8A) and Chapter 3 of this manual.