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 .1304 - SETTLEMENTS/CONSENT AGREEMENTS IN GRIEVANCES, CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any mediation agreement, settlement
				  agreement, or consent agreement in a grievance or contested case that requires
				  the entering of data into human resources and payroll information system used
				  by agencies with employees subject to G.S. 126, shall be approved by the Office
				  of State Human Resources for compliance with all rules contained in Subchapters
				  1C (Personnel Administration), 1D (Compensation), 1E (Employee Benefits), 1H
				  (Recruitment and Selection), and 1J (Employee Relations) in Title 25 of the
				  North Carolina Administrative Code before the agency enters the data.
(b) Data shall be entered into the human
				  resources and payroll information system by an agency when it determines that
				  an action shall be taken that affects classification, salary, leave, demotion,
				  reassignment, transfer, or for any other human resources action, except where
				  the only personnel action taken as a result of the settlement is the
				  substitution of a resignation for a dismissal.
(c) Approval by the Office of State Human
				  Resources shall be indicated by the signature of the State Human Resources
				  Director or his or her designee in an appropriate place on the settlement or
				  consent agreement to the Office of State Human Resources Director. This
				  provision shall not be construed to require Office of State Human Resources'
				  approval of a settlement in which the only portion requiring approval is the
				  awarding of attorney's fees to the employee's attorney by the Office of
				  Administrative Hearings.
(d) This
				  provision shall also not be construed to require approval of any settlement the
				  terms of which allow an employee to substitute a resignation for a dismissal
				  and to withdraw a grievance or a contested case action.
(e) The provisions of
				  25 NCAC
				  01A .0104 (EXCEPTIONS AND VARIANCES) shall be
				  complied with when any provision of a settlement or consent agreement in a
				  grievance or contested case requires an exception to or variance from the rules
				  in this Chapter contained in Subchapters 1C (Personnel Administration), 1D
				  (Compensation), 1E (Employee Benefits), 1H (Recruitment and Selection), and 1J
				  (Employee Relations). This compliance shall be in addition to the requirements
				  of this Rule. Any settlement or consent agreement that contains a provision
				  that requires an exception to or variance from existing human resources policy
				  shall be reviewed and approved by the Office of State Human Resources Director
				  prior to the processing of any human resources action forms by the Office of
				  State Human Resources or the university human resources and payroll
				  system.
(f) Requests to enter data
				  into the State's human resources and payroll system that are required by the
				  provisions of any settlement or consent agreement that has not been approved by
				  the Office of State Human Resources as required by this Rule shall not be
				  processed by the human resources and payroll information system used by
				  agencies with employees subject to G.S. 126, and shall be returned to the
				  agency without action.
(g) No
				  agency shall agree to any mediation agreement, settlement agreement, or consent
				  agreement entered under G.S. 126 that does not comply with the rules in this
				  Subchapter. However, no rules in this Subchapter shall constrain the authority
				  of any agency to request an exception from these rules; nor shall any provision
				  of these rules restrict the discretion and authority of any decision maker
				  applying these Rules to apply the rules consistent with the decision maker's
				  discretion and authority.
Authority. 126-4;
					 126-34.01;
Temporary Adoption Eff. May 23, 2014;
Eff.
					 May 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.