SECTION 11.50 NONCONTRACT GRIEVANCE PROCEDURE
A noncontract grievance is any dispute between the employer and the
employee with respect to the conditions of employment.
A contract-covered employee must file a noncontract grievance if the
issue being grieved is not covered in the collective bargaining agreement.
A nontemporary employee who is covered by merit system provisions and is
disciplined (suspension, reduction in pay, demotion, or discharge) must bypass
Steps One and Two and file a written appeal to the Chief Operating Officer of
DAS-HRE.
Steps
Step One: An employee must initiate the grievance
by submitting it in writing on the Noncontract Grievance Form (CFN 552-0248) to
the immediate supervisor within fourteen (14) calendar days after the time the
employee became aware of or should have become aware of the grievance
issue. The supervisor shall give a
decision in writing to the grievant within seven (7) calendar days. The supervisor shall give a copy of the grievance
and the written response to the personnel officer and the next higher
management authority.
Step Two: A grievant who is not satisfied with
the first step response may file the written grievance with the designated
management representative at the second step in the agency’s grievance process
within seven (7) calendar days after receipt of the first step decision. The designated management representative must
give a decision in writing to the grievant within seven (7) calendar days after
the grievance was received at the second step.
The management representative shall give a copy of the grievance and the
written response to the personnel officer and the next higher management
authority.
Step Three: A grievant that is not satisfied with the
second step decision, may file the written grievance with the Chief Operating
Officer of DAS-HRE within fourteen (14) calendar days after the second step
decision is received or should have been received. The Chief Operating Officer of DAS-HRE (or
designee) shall give the grievant a written decision within thirty (30)
calendar days after receipt of the grievance, with a copy to the agency
director. If the grievant is
dissatisfied with the Chief Operating Officer’s response, and the grievance
alleges a violation of Iowa Code Chapter 19A, or the rules adopted to implement
Chapter 19A, the grievant may file an appeal with the Public Employment
Relations Board within thirty (30) calendar days following the date the Chief
Operating Officer’s response was received or should have been received.
Time Limits
Grievances not appealed within the designated time limits at any step
will be considered as settled on the basis of the last employer answer. Grievances not answered by the employer
within the designated time limits may be taken to the next step. The parties may agree in writing at any step
to extend the time limits.
Grievance
Meetings
The grievant, an employee who is the grievant’s representative, and all
other employees authorized by management to attend a grievance meeting shall be
in paid status for time spent at the meeting, as well as time spent traveling
to and from the meeting during their regularly scheduled hours of work. Employees who are eligible for overtime compensation
shall be compensated for time spent outside their scheduled hours of work. The employee may not be represented by
someone who would constitute a conflict of interest.
Travel expenses and state cars are authorized only for employees who are
required by management to participate in the meeting.
Informal
Settlements
Prior to a hearing before the Public Employment Relations
Board, the Employment Appeal Board, or the Classification Appeal Committee, an
informal conference may be held in an attempt to resolve the dispute. If the Chief Operating Officer and the
appellant agree to negotiate a settlement, the various points of the settlement
shall be included in a written statement.
Negotiations must be completed at least five (5) workdays prior to the
hearing date unless additional time is agreed to by all parties. The settlement must be signed by the
appellant and the Chief Operating Officer and shall be binding.