New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 1 - Executive Orders (Nelson A. Rockefeller) › Section 1.42 - Executive order no. 42: relating to procedures for submission and settlement of certain grievances of state employees

Current through Register Vol. 46, No. 28, July 10, 2024
With the advent of collective negotiations between the
					 State and employee organizations pursuant to the Public Employees' Fair
					 Employment Act of 1967, collectively negotiated agreements ("collective
					 agreements") have been entered into which provide for grievance procedures
					 which are intended to supersede in whole or in part the grievance procedures
					 provided for by the Executive Order heretofore issued on August 28, 1963. Such
					 negotiated grievance procedures are a milestone in the development of
					 collective negotiations in the public sector. Nevertheless, there is still an
					 important reason for the continuation of procedures for the settlement of
					 grievances of employees who are not covered by collective agreements or for the
					 settlement of non-contract grievances which are outside of the scope of the
					 grievance procedure set forth in any such collective agreement.
1. Every employee to whom this order applies
				  shall have the right to present his grievance in accordance with this order,
				  free from interference, coercion, restraint, discrimination or reprisal. He
				  shall have the right to present his grievance individually or with a
				  representative of his own choosing at all steps of the grievance procedure
				  hereunder, except that where there is in effect a collective agreement covering
				  a negotiation unit which includes such employee which was entered into between
				  the State and an employee organization, then such employee may not choose as
				  his representative any employee organization other than the employee
				  organization with which such agreement was negotiated nor may any employee
				  organization other than the one with which such agreement was negotiated
				  initiate or process a grievance except to the extent permitted by such
				  agreement.
2. Grievance Appeals
				  Board. The Grievance Appeals Board established by the executive order
				  heretofore issued on August 28, 1963 shall be transferred to the Office of
				  Employee Relations. It shall consist of three members appointed by and who
				  shall serve at the pleasure of the Director of Employee Relations. No person
				  regularly employed in a full time position in the State service shall be
				  eligible for appointment to the Board. One member shall be designated by the
				  Director to serve as chairman of the Board. The compensation of the members of
				  the Board shall be fixed by the Director with the approval of the Director of
				  the Budget.
3. Departmental
				  Procedures. The head of each State department or agency shall, subject to the
				  approval of the Grievance Appeals Board established pursuant to this order,
				  establish formal procedures for the submission of grievances by employees and
				  for the prompt and orderly consideration and determination of such grievances
				  by supervisors and the department or agency head.
4. Powers and Duties of the Grievance Appeals
				  Board. The Grievance Appeals Board is hereby charged with the responsibility
				  for and empowered to:
establish and maintain a program for resolving employee
					 grievances relating to conditions of employment in the State service not
					 inconsistent with the State's obligations as an employer under the Public
					 Employees' Fair Employment Act of 1967 or collective agreements entered into
					 thereunder.
promulgate and amend from time to time, with the approval
					 of the Director of Employee Relations, such regulations as may be necessary to
					 carry out the provisions of this order and to review and approve grievance
					 procedures established by departments and agencies pursuant to this order and
					 such regulations, including provisions for reasonable time off without charge
					 to leave credits for grievants, representatives and witnesses.
hold hearings, to conduct investigations, to require the
					 attendance of officers and employees of the State as witnesses and to require
					 the production or examination of records, books and papers of State departments
					 or agencies relating to administration of the grievance procedure.
render advice and assistance to officers and employees of
					 State departments and agencies in any matter relating to the establishment or
					 use of the procedures provided for or adopted pursuant to this order or the
					 regulations issued thereunder.
report to the Director of Employee Relations for
					 appropriate action the failure of any department or agency to establish
					 properly or maintain satisfactorily the standards, principles, determinations
					 and procedures embodied in or authorized by this order.
5. Appeals. An employee within a time limit
				  and upon compliance with the regulations of the Board, may appeal to the Board
				  from a determination made pursuant to this order by the head of his department
				  or agency, or his designated representative, as the case may be. The Board
				  shall conduct such review of the appeal as it deems appropriate and may require
				  the appearance before it of the appellant and other parties to the grievance;
				  provided, however, that the appellant shall be entitled upon his request to a
				  hearing before the Board or its designee. If the appeal involves the
				  enforcement of a law, a civil service rule or regulation or a written rule,
				  regulation or order of a department or agency, the findings of fact and the
				  recommendation of the Board shall be transmitted to the departments or agencies
				  involved for appropriate action in accordance with the facts found by the
				  Board. In all other cases, the determination of the Board shall contain a
				  statement of the facts and an advisory recommendation to the departments or
				  agencies involved. Copies of the determination of the Board shall be sent to
				  the employee involved, to his representative and to the Director of Employee
				  Relations.
6. Application.
(a) The provisions of this order shall apply
				  to employees in the executive branch of the State government (1) who are not
				  covered by a collective agreement between the State and a certified or
				  recognized employee organization or (2) who are covered by a collective
				  agreement which accords such employees the right to continue to process
				  grievances under this order.
(b)
				  The provisions of this order and the procedures established hereunder shall be
				  applicable to grievances in any department or agency claiming an act or
				  omission resulting in an injustice to an employee and arising out of conditions
				  which are in whole or in part subject to the control of the head of such
				  department or agency and which involve alleged safety or health hazards,
				  unsatisfactory physical facilities, surroundings, materials or equipment,
				  unfair or discriminatory supervisory and disciplinary practice, unjust
				  treatment by fellow workers, unreasonable assignment of working hours or
				  personal time allowances, unfair or unreasonable work quotas, and all other
				  grievances relating to conditions of employment; provided, however, that this
				  order shall not apply to matters which are reviewable under administrative
				  procedures established by law or under the rules of the State Civil Service
				  Commission, or the rules of other departments or agencies having the force and
				  effect of law or rules governing grievances of employees in the professional
				  service of the State University of New York as defined in Section 355-a  of the
				  Education Law, or grievances concerning the interpretation, application or
				  claimed violation of a specific term or provision of a collective agreement
				  between the State and an employee organization.