North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .1300 - EMPLOYEE APPEALS AND GRIEVANCE PROCESS › Section 01J .1302 - GENERAL AGENCY GRIEVANCE PROCEDURE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  agencies and universities shall adopt an Employee Grievance Policy, which shall
				  be approved by the State Human Resources Commission, based on the standards in
				  Paragraph (d) of this Rule.
(b)
				  Grievances filed that are not in accordance with Subparagraph (d)(5) of this
				  Rule shall be dismissed.
(c) A
				  grievant who has an unexcused failure to attend the Step 1 - Mediation or Step
				  2 - Hearing as scheduled forfeits the right to proceed with the grievance
				  process.
(d) An agency or
				  university grievance process shall include the following:
(1) a list of who may file a
				  grievance;
(2) a list of grounds
				  for filing a grievance under the internal grievance process;
(3) a list of grounds for which contested
				  cases may be brought to the Office of Administrative Hearings after the
				  conclusion of the grievance process in accordance with
				  G.S.
				  126-34.02;
(4) an informal process for attempting to
				  resolve a grievable issue prior to the employee's filing a formal
				  grievance;
(5) a 30-day timeframe
				  in which grievable issues must be raised in both the informal and formal
				  grievance process, except for grievances covered by Rule .0603 of this
				  Subchapter;
(6) a 90-day timeframe
				  in which the agency or university must complete the entire informal process and
				  the process shall describe each step of the formal grievance process;
(7) mediation shall serve as Step 1 of the
				  formal grievance process. A description of the mediation process and timeframe
				  to be followed in Step 1 shall state that a mediation agreement is legally
				  binding and that if impasse occurs, the agency shall inform the grievant of the
				  Step 2 grievance process and timeframe for filing;
(8) a hearing shall serve as Step 2 of the
				  formal grievance process. A description of the hearing process and timeframe to
				  be followed in Step 2 shall be provided, including that a grievant has the
				  opportunity to present the grievance orally to a hearing officer or hearing
				  panel. The hearing officer or hearing panel chair shall draft a proposed
				  recommendation with findings of fact for a Final Agency Decision;
(9) the process and timeframe for the
				  proposed recommendation to be submitted to the Office of State Human Resources
				  for review and approval;
(10)
				  information about any applicable appeal rights to the Office of Administrative
				  Hearings shall be included in the Final Agency Decision;
(11) the responsibilities of all parties
				  involved in the grievance process to include: grievant, respondent, hearing
				  officer or hearing panel and chair, agency and university Human Resource
				  Office, Equal Employment Officer, Affirmative Action Officer, Agency Head and
				  designee, and the Director of the Office of State Human Resources and
				  designees; and
(12) the manner in
				  which changes in the grievance policies shall be communicated to
				  employees.