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 
                Merit System Rules, division work rules or unsafe or unhealthy work conditions.

        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.

                c.    The employee may then agree or disagree with the next-level supervisor's response. If the 
                        employee disagrees, the employee has the right to take the formal grievance to the next level 
                        (Step II) within three (3) working days of receipt of the next-level supervisor's response. 
                        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.

        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 
                      submittal to the Merit Commission. The grievance shall be placed on the agenda for the next 
                      scheduled meeting of the Merit Commission or a date not more than thirty (30) calendar days 
                      from the date received by the Court Administrator, whichever is less.

                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.

                c.    Within ten (10) days of the Presiding Judge's receipt of the Merit Com- mission findings and 
                        recommendations, the Presiding Judge shall make a final ruling regarding disposition of the 
                        grievance. The Presiding Judge may adopt, modify or overrule the recommendations of the 
                        Merit Commission. If the Presiding Judge should modify or overrule the Merit Commission, 
                        he/she shall do so in writing, specifying the reason for so doing. The decision of the Presiding 
                        Judge shall be final and binding of all parties to the grievance.

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.