Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 8 - GRIEVANCES › Section 27-120-8.5 - GRIEVANCE PROCEDURAL STEPS

Current through June 25, 2024
Step I
1. An employee who has a grievable complaint
				may submit in writing (on the Grievance Form located at
http://www.mspb.ms.gov
) a
				description of the grievance with all other required information to his or her
				immediate supervisor within seven (7) working days of becoming aware of the
				cause of the complaint.
2. The
				supervisor is required to conduct an investigation of the grievance and meet
				with the aggrieved employee within three (3) working days after receipt of the
				Grievance Form.
3. The supervisor
				is required to give the employee a written response within three (3) working
				days after the meeting.
4. The
				human resources director or designee may assist in the filing of the grievance
				or answer any questions the employee may have in connection with filing the
				grievance.
Step II
1. If not satisfied with the Step I written
				decision, the employee may indicate (on the same form) the desire to have the
				grievance advanced to the next step. The grievance must be submitted to the
				next level of management within three (3) working days following receipt of the
				Step I supervisor's response.
2.
				The Step II supervisor is required to conduct an investigation of the grievance
				and meet with the aggrieved employee within three (3) working days after
				receipt of the Grievance Form.
3.
				The Step II supervisor is required to give the employee a written response
				within three (3) working days after the meeting.
Step III
1. If the second step does not resolve the
				grievance, the employee should use the same form to advance the grievance to
				the third step and forward the grievance to the agency head within three (3)
				working days after receipt of the Step II response.
2. The Step III agency head or designated
				representative is required to review the grievance and relevant information and
				meet with the employee within seven (7) working days after receipt of the
				Grievance Form.
3. The Step III
				agency head or designated representative is required to give the employee the
				final agency decision concerning the grievance within seven (7) working days
				after the meeting.
Special Procedure for Claims of Harassment or
				  Discrimination
If the employee's grievance is a complaint of unlawful
				  discrimination or harassment and the source of the alleged discrimination or
				  harassment is in the employee's chain of command, the employee may skip the
				  source of the alleged discrimination or harassment's level of management by
				  proceeding to the next step in the process and filing the grievance directly
				  with the discriminating or harassing supervisor's supervisor. If the alleged
				  source of the discrimination or harassment is the employee's agency head, then
				  the employee may contact the MSPB Executive Director in writing to request use
				  of the special procedure and submit a completed Grievance Form. The employee
				  may be advised to file an appeal directly with the Employee Appeals Board
				  without exhausting agency level remedies. All deadlines as set forth in Section
				  8.5 must be met when using this special procedure.
Time Limit
If a grievance is not presented within the time limits as set
				  forth above, it will be considered waived. If a grievance is not advanced to
				  the next step within the specified time limit or an agreed extension thereof,
				  it will be considered settled on the basis of the supervisor's, appointing
				  authority's or designee's last answer. If the supervisor, appointing authority,
				  or designee does not answer the grievance within the specified time limit, the
				  employee may elect to treat the relief requested as denied at that step and
				  immediately appeal the grievance to the next step. Time limits on each step may
				  be extended by mutual written agreement of the parties involved.