ARTICLE 6. GRIEVANCE
SYSTEM
EFFECTIVE DATE: 05/04/98
RULE 602. GENERAL
GRIEVANCES
REVISED DATE:
A. COVERAGE AND EXCLUSIONS:
1. Regular status employees may file a grievance alleging misinterpretation or misapplication of 2. Nothing in the Merit Rules shall be interpreted to circumscribe, modify or in any way
impinge on
the right of the Superior Court or of the various divisions of the Court to
establish or modify rules
or policies; determine levels or means of employee classification or compensation; direct the work
of employees; determine the methods,
means or personnel by which operations are to be carried
out; or to otherwise direct
the operation of the Court in a manner consistent with established rules
and/or needs
of the Court, and no such action may be reviewed through the processes of this
Rule. Further, no such action involving performance evaluation or informal disciplinary
action may
be reviewed; however, the employee may respond, in writing, to a
performance evaluation or an
informal disciplinary action. Such response shall
become part of the master personnel record.
B. INFORMAL GRIEVANCE RESOLUTION:
Prior to filing a formal grievance, the aggrieved employee shall first attempt to resolve the
matter
informally with his/her immediate supervisor. Within ten (10) working days from the
date of the
incident giving rise to the complaint, the employee may request a private meeting
with his/her
immediate supervisor to resolve the matter informally. Within five (5) working
days from the date
of the meeting with the employee, the supervisor shall respond in writing
to the employee's complaint.
If, after receiving the immediate supervisor's written response,
the employee is dissatisfied, the
employee has the right to file a formal grievance as provided
in Rule 602(C). The formal grievance
must be filed within five (5) working days of receipt
of the immediate supervisor's written response.
All formal grievances are to be in writing.
C. FORMAL GRIEVANCE PROCEDURE:
1. STEP I:
a. The employee forwards the formal grievance and the remedy requested on the
Employee
Grievance Form and presents it to his/her next-level supervisor.
For purposes of this Rule,
the "next-level supervisor" shall be the
management level employee to whom the immediate
supervisor of the
grievant reports. If there are multiple levels of supervisory personnel prior
to reaching the Division Head level, the grievant shall progress through each
level of
supervision, according to the timelines established herein, until the
Division Head level
(Step II) is reached. If the next-level supervisor is the
Division Head, the grievant shall
immediately progress to Step II. Where
questions exist as to who the appropriate next-level
supervisor is, such issue
shall be resolved by the Presiding Judge or designee. In filing the
formal
grievance, an employee shall state specifically what action is being grieved,
provide
a description of the incident from the employee's perspective
including persons involved,
dates, times and relevant facts; state why the
employee feels the grievance is justified; state
which merit system rule,
divisional work rule or safety or health rule was violated; and state
what
remedy is sought by defining the action the employee believes should be
taken if the
grievance is upheld.
b. Within five (5) working days of receipt of the formal grievance, the next-level supervisor
shall discuss the grievance with the employee. The next-level supervisor shall give
consideration to the formal grievance and remedy
requested, record his/her decision on
the grievance form and return the
grievance form to the employee within five (5) working
days of the date of
the meeting with the employee.
2. STEP II:
a. Within five (5) working days of receipt of the formal grievance stating the
reasons why the
employee disagrees with the next-level supervisor's decision,
the Division Head shall discuss
the grievance with the employee. The
Division Head shall investigate and give consideration
to the formal
grievance, the remedy requested, and the recorded responses of the successive
levels of supervisory personnel who previously reviewed the grievance. The
Division Head
shall then record his/her decision on the grievance form and
should return the grievance form
to the employee within five (5) working
days of the date of the meeting with the employee.
b. The employee may then agree or disagree with the Division Head's response.
If the employee
disagrees, the employee has the right to take the formal
grievance to the next level (Step III)
within three (3) working days of receipt
of the Division Head's response or if no response
has been received from the
Division Head. The employee shall state on the grievance form
the specific
reasons why the grievance should continue to the next level of review and the
employee must sign the grievance form in the space provided.
3. STEP III:
a. The formal grievance form is presented by the employee to the Court Administrator for
b. Within ten (10) work days of the date of the Merit Commission hearing at
which the
grievance is heard, the Merit Commission shall render its findings
and recommendations
for resolution of the grievance and forward same to
the employee, Division Head and
Presiding Judge.
D. COMPLIANCE OF DIVISION HEAD: Within ten (10) working days of a notice of
decision by
the Presiding Judge, the Division Head shall comply with the Presiding Judge's
decision, and shall
render a report indicating compliance to the Presiding Judge for the file.
E. EMERGENCY REVIEW:
1. In the event that an employee believes special circumstances exist with respect to a
complaint
such that immediate review at a higher level of management is required,
the employee may
request the Court Administrator review the complaint for
emergency action.
2. If, after reviewing the complaint, the Court Administrator finds that the request for
emergency
review is justified, the Court Administrator shall immediately forward the
complaint to the Merit
Commission.
3. If, after reviewing the complaint, the Court Administrator finds the request for
emergency review
to be unjustified, the Court Administrator shall refer the complaint
back to the appropriate level in
the Grievance Procedure.