New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter I - Grievance Appeals Board › Part 560 - Submission And Settlement Of Grievances Of State Employees › Section 560.2 - Grievances; procedural requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The head of each State department or agency shall establish
					 formal procedures for submission of grievances by employees or their
					 representatives (subject to the provisions of section
					 1 of the Executive
					 order) and for prompt and orderly consideration and determination of such
					 grievances by supervisors and the department or agency head, subject to the
					 approval of the grievance appeals board. Procedures for such department or
					 agency shall include provision for no more than three procedural steps as
					 follows:
(a)
(1) Step 1. The employee, or his
				  representative, shall present the grievance orally or in writing on forms to be
				  provided by the State to the employee's immediate supervisor or to the
				  department or agency representative at the appropriate local level, not later
				  than 45 calendar days after the date on which the act or omission giving rise
				  to the grievance occurred. The department or agency representative may require
				  the grievant to meet with the grievant's immediate supervisor in an effort to
				  settle the grievance informally. The person receiving the grievance shall take
				  any other steps necessary to insure that a proper disposition of the grievance
				  is made and shall reply to the employee or his representative orally or in
				  writing on forms to be provided by the State, within five working days
				  following the date of submission.
(2) Step 2. In the event the employee or his
				  representative wishes to appeal an unsatisfactory decision at step 1, the
				  appeal must be presented in writing on forms to be provided by the State,
				  within 15 working days of the receipt of the step 1 decision, to the person
				  designated by the department or agency head for such purpose. A copy of such
				  appeal shall also be sent to the person who passed upon the grievance at step
				  1. Such appeal shall contain a short, plain statement of the grievance. The
				  person designated to process the appeal at step 2 shall meet with the employee
				  and/or his representative within 20 working days after receipt of the appeal
				  for a review of the grievance and shall issue a written decision to the
				  employee or his representative by the end of the fifteenth working day
				  following the day on which the review was held.
(3) Step 3. An appeal from an unsatisfactory
				  decision at step 2 shall be presented by the employee or his representative in
				  writing, on forms to be provided by the State, to the department or agency head
				  or his designated representative within 15 working days of the receipt of the
				  step 2 decision. The department or agency head or his duly designated
				  representative shall meet within 20 working days after receipt of the appeal
				  with the employee and/or his representative for a review of the grievance and
				  shall issue a written decision by the end of the twentieth working day
				  following the day on which the step 3 review was held.
(4) Step 4. An appeal from an unsatisfactory
				  decision at step 3 shall be presented in writing by the employee or his
				  representative within 15 working days of receipt of the step 3 decision to the
				  grievance appeals board. The grievantshall also furnish a copy to the
				  department or agency head. The chairman of the grievance appeals board or his
				  designee within 20 working days of receipt of a request for an appeal of the
				  step 3 decision shall schedule a step 4 review and shall issue a decision in
				  writing to the employee and to his representative within 20 working days after
				  the day on which the review was held or the date the hearing was closed. The
				  appeal to the grievance appeals board shall contain a copy of the decisions at
				  steps 1, 2 and 3, together with all documents which the grievant relies upon in
				  the appeal.