Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 14 - Department of Finance (Administrative Services) › Rule 016.14.03-013 - DHS 1086 - Employee Mediation / Grievance Procedure

Current through Register Vol. 49, No. 6, June, 2024
1086.0.0
DHS MEDIATION/GRIEVANCE
			 POLICY
(Gov's Proclamations EO 86-1, 7-16-85 & EO93-01, 7-1-93 )
1086.0.1 This policy establishes
			 procedures for resolving workplace disputes and disciplinary issues.
1086.0.2 Nothing in these rules and
			 regulations shall abrogate the employment-at-will relationship between DHS and
			 its employees. Any departmental error that does not prejudice the substantial
			 rights of an affected party and in no way affects the final outcome of the case
			 will be deemed harmless error and shall not be grounds for overturning the
			 Department decision.
1086.1.0
Eligible Employees
Any full-time regular salaried employee who occupies a regular
				salaried position and works a minimum of 1,000 hours per year may file a
				grievance under this policy, except those listed in Section 1086.2.0,
				Non-eligible Employees. Employees who present a grievance or complaint in good
				faith and a reasonable manner shall be free from retaliation or
				reprisal.
1086.2.0
Non-eligible Employees
1086.2.1 DHS Director, Deputy Directors,
			 Division/Office Directors, all unclassified positions (Grades 66 and 99),
			 Managers and Program Directors (Grades 22-26), County Administrators, and
			 employees who are appointed by the Constitutional Board (including
			 Superintendents and Institutional Directors), are not eligible to file a
			 grievance under this policy unless these exempt employees are applying for a
			 classified position covered by the scope of this policy, to the extent that the
			 grievance involves the application for the classified position.
1086.2.2 Part-time, temporary, emergency
			 hire, extra help and employees serving in their initial (new-hire to the
			 Department) probationary status are not eligible to file a grievance under this
			 policy.
1086.3.0
Americans
			 with Disabilities Act
Any employee regardless of his or her status may utilize this
				policy to address concerns related to the Americans with Disabilities Act of
				1990. However, the State Employee Grievance Review Committee (SGRC) and the
				State Employee Grievance Appeal Panel (SEGAP) will not hear appeals from
				employees who are otherwise excluded from coverage.
1086.4.0
Filing a
			 Mediation/Grievance
To seek a resolution to a workplace dispute or disciplinary
				issue the employee must submit the matter in writing to the grievance officer
				within five (5) working days of the date of the occurrence of the grievable
				action. The concern must be filed on a DHS-2801, Mediation/Grievance form. The
				form must be filled in completely and must describe the reasons the employee
				disagrees with the action taken and what the employee is seeking as a
				resolution to the dispute. Employees may contact the grievance officers for
				technical assistance in completing the form.
1086.5.0
Policy
			 Components
1086.5.1
DHS Mediation
is an internal non-adversarial
			 negotiation between the employee presenting a grievance and his or her
			 supervisor, using a neutral third-party mediator. (This process is sponsored by
			 DHS.)
1086.5.2
DFA
			 Mediation
is an external non-adversarial negotiation between the
			 employee presenting a grievance and his or her supervisor, using a neutral
			 third-party mediator. (The Department of Finance and Administration (DFA),
			 Office of Personnel Management (OPM), sponsors this process.)
1086.5.3
Grievance
			 Procedure
is a more formal process that allows the employee to
			 request that successively higher levels of management review his or her
			 grievance if the employee is not satisfied with the results of the
			 procedure.
1086.6.0
DHS
			 MEDIATION
1086.6.1 In order
			 to reduce the number of formal grievances filed, internal mediation will be
			 utilized as a first step attempt to resolve complaints.
1086.6.2 Within five (5) working days after
			 the DHS Employee Relations Office (ERO) receives a grievance, a grievance
			 officer will contact the mediator, the employee and the appropriate level of
			 management to schedule a mediation session to be held within 10 working days
			 after the initial receipt of the grievance. The mediation session will be
			 scheduled at a time and location convenient for all parties and will not be
			 recorded.
1086.6.3 If the process
			 is successful, the mediator will formalize the terms of the agreement in
			 writing, and all parties will sign and date the agreement, which will be filed
			 with the grievance officer within five (5) working days of the conclusion of
			 the mediation session.
1086.6.4 If
			 the mediation session is unsuccessful, the mediator will prepare a "non
			 settlement form," that must be signed and dated by all parties, and a copy
			 given to each participant at the conclusion of the mediation session. At this
			 point, the employee may file a DHS 2802 Grievance Response form, to continue
			 the process for any unresolved grievable issue. The completed DHS 2802 must be
			 filed with ERO within five (5) working days following the conclusion of the
			 mediation session.
1086.6.5 The
			 mediation process may be concluded at any point by the employee, the supervisor
			 or the mediator if the mediation sessions are not productive.
1086.7.0
Mediation Only Issues
Matters other than disciplinary action that otherwise are not
				grievable, disputes involving employees serving an initial new-hire to the
				department probationary status, and supervisory directed mediation may be
				addressed through the mediation procedure only.
1086.8.0
DFA
			 MEDIATION
1086.8.1 Employees
			 who have unresolved grievable issues following DHS Mediation may choose to
			 continue their grievance by utilizing either the DFA Mediation or the Grievance
			 Procedure.
1086.8.2 If the employee
			 chooses DFA mediation the grievance officer will provide an Agreement to
			 Mediate form that must be signed by the employee and the supervisor/management
			 designee. The grievance officer will submit the grievance statement and the
			 signed Agreement to Mediate form to DFA/OPM. OPM will contact all parties to
			 schedule the mediation.
1086.9.0
GRIEVANCE PROCEDURE
1086.9.1
Grievable
			 Matters
:
A. A grievable matter is
			 an adverse action against any employee or former employee (in case of
			 termination). Adverse action means termination, suspension, promotion,
			 reduction of annual leave, sick leave, compensatory time, or other disciplinary
			 actions or unlawful discrimination.
B. Annual or probationary performance
			 evaluations may be the subject of a grievance under this policy only in cases
			 arising from allegations of unlawful discrimination or in cases of disciplinary
			 action, such as probation, suspension, or termination. In such cases, a
			 mediation/grievance may only be filed within five (5) working days after an
			 employee receives the division director's decision as a result of an appeal
			 under DHS Policy 1093, Career Ladder Incentive Program (CLIP), Appendix 5,
			 Personnel Performance Evaluation System.