Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.93-005 - Employee Grievance Procedure

Current through Register Vol. 49, No. 6, June, 2024
229
		  Employee Grievance Procedure
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Regulation by Governor's Executive Order 86-1
			 and 93-1; and Act 50 of 1968, First Extraordinary Session, as amended.
II.
PURPOSE
:
Agrievance procedure is established to provide employees with a
			 prompt review, impartial consideration and an equitable disposition of their
			 grievances. Any employee who presents a grievance or complaint in good faith,
			 and in a reasonable manner shall be free from restraint, interference,
			 discrimination or reprisal.
III.
APPLICABILITY
:
This Administrative Regulation applies to all full-time employees
			 who have satisfactorily completed their initial six months probationary
			 period.
IV.
DEFINITIONS
:
A.
Employee
- an individual who is a full-time employee
		  of the Department who occupies a regular salaried position and who works a
		  minimum of 1000 hours per year; provided, however, that this policy shall not
		  apply to employees who are on new hire probationary status.
Any complaint filed pursuant to the Americans with Disabilities
			 Act by a person who does not meet the above criteria will be processed
			 internally within the Department.
The term employee is also intended to include those former
			 employees who meet the above criteria but who have been terminated from
			 employment.
B.
Grievance
- a complaint by an employee regarding an
		  aspect of his or her employment; including, but not limited to annual leave,
		  compensatory time, sick leave, dismissal, suspension, promotion, demotion,
		  disciplinary actions, discrimination, sexual harassment or any other
		  work-related problem except compensation and conditions which are beyond the
		  control of the agency management or are mandated by law. Performance evaluation
		  grievances are included, but appeals based solely on disputes of performance
		  evaluation ratings will not go before the State Grievance Review Committee
		  and/or State Employee Grievance Appeal Panel unless the dispute is based on a
		  charge of discrimination. Discrimination is on the basis of race, color, sex,
		  age, national origin, religion, or disability.
This procedure shall be utilized to hear Reduction-in-Force
			 appeals, provided, however, that the State Grievance Review Committee and/or
			 the State Employee Grievance Appeal Panel will not hear complaints concerning
			 reduction-in-force unless discrimination is the basis of the complaint.
			 (Discrimination is on the basis of race, color, sex, age, national origin,
			 religion or disability.)
C.
Non-Grievable Matters
- include but are not limited
		  to:
1. Advice and/or counseling provided by
		  the EEO/Grievance Officer;
2.
		  Approved Board of Correction policies, Administrative Directives, Memoranda, or
		  any departmental policies;
3.
		  Matters governed by law, regulations, and/or executive orders which are outside
		  the Department's control;
4. Shift
		  assignments, post assignments, and reassignments to other
		  units/divisions.
D.
Departmental Internal Grievance Review Committee
-an
		  internal committee convened for the purpose of reviewing internal grievances
		  and making recommendations to the agency director or deputy/assistant director.
		  Composition of the committee may be drawn from a pool of employees designated
		  and trained for such purpose. Individuals who work in the aggrieved employee's
		  unit are ineligible to serve on that particular committee. Any employee who
		  does not wish to serve on this committee will not be required to
		  serve.
E.
Grievance
		  Officer
- The EEO/Grievance Officer will serve as the Departmental
		  Grievance Officer. He or she will be responsible for ensuring that a grievance
		  is processed in accordance with the grievance procedure. The Personnel and
		  Training Officers or the designees at each unit will be responsible for
		  coordinating the grievance process within their respective unit as monitored by
		  the Departmental Grievance Officer.
V.
POLICY
:
It is the policy of the Department of Correction that all
			 employees be given the opportunity, through established steps and procedures,
			 to resolve in a timely manner complaints or grievances which they believe
			 adversely affect their employment or working conditions.
It is also our policy that reasonable efforts be made to settle
			 complaints or grievances as quickly as possible. Direct contact on a one-to-one
			 basis between supervisor and employee has always been a policy of the agency;
			 thus the grievance procedure is not intended, nor will it be allowed to become
			 a barrier to the supervisor/employee relationship.
Employees should submit only grievances made in good faith,
			 expressed in reasonable terms, containing causes for the grievance, corrective
			 action desired, and sufficient information upon which to base these
			 decisions.
Access to this procedure does not create any expectation of
			 continued employment, but provides an avenue of review and resolution of
			 internal situations.
The Department of Correction understands and is committed to
			 compliance with "reasonable" accommodations for handicapped individuals by
			 assuring the following:
1. Access to
		  parking and the facilities where grievance hearings are convened.
2. Provision of interpreters, readers, or
		  other types of accommodations that may be deemed necessary to the
		  procedure.
VI.
PROCEDURE
:
A. Time
		  Frames for Processing Grievances
Time frames for processing grievances shall exist at each step of
			 the grievance process.
B.
		  Steps of the Grievance Process
All grievances shall be handled in accordance with established
			 guidelines in the appropriate administrative directive. Within this policy,
			 procedures shall exist to define responsibilities of the decision making
			 officials and the Departmental Grievance Officer.
When the State Grievance Review Committee renders a decision
			 (recommendation) which does not in any way alter the decision of the Director,
			 the employee may not appeal to the Board of Correction.
1. Appeal to Board of Correction
When grieving issues other than allegations of unlawful
			 discrimination, termination, suspension without pay., involuntary demotion,
			 and/or failure to award compensatory time, an employee may have appeal
			 privileges to the Board of Correction. Within three working days of conclusion
			 of the Board's meeting on the appeal, the Board of Correction shall submit
			 their decision.
The decision of the Board shall be final and binding.
2. Management Level Process
Management level applies if the charged party is a person who
			 reports to the Director.
The charged party shall file a grievance through the Departmental
			 Grievance Officer directly to the Board of Correction.
At the conclusion of each step of the procedure, notification of
			 decisions or recommendations will be provided to all parties involved.
C. Extensions
If any decision making official in the steps of the grievance
			 process needs additional time in rendering a decision, an extension may be
			 granted if situations or circumstances warrant and if agreed to by both
			 parties-
D. Revisions of
		  the Grievance Procedure
The Director may recommend to the Board of Correction policy
			 revisions for the grievance procedure.
Any changes must be submitted to the Office of Personnel
			 Management for review and approval.
Forms to be utilized in the filing, processing, and documentation
			 of employee grievances shall be included in the appropriate administrative
			 directive.
Board of Correction Approval Date: 6/24/93
Attorney General Review Date: 6/24/93
Date Filed Secy, of State: 6/28/93
Supersedes: AD16 AND BOC Rules & Regs XXVIII
Dated: 9/30/85