South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.08 - APPEALS FORWARDED TO A MEDIATOR-ARBITRATOR

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Mediation-arbitration" means an
				alternative dispute resolution process that provides for the submission of an
				appeal to the mediator-arbitrator, an impartial third party who conducts
				conferences to attempt to resolve the grievance by mediation and render a
				decision that is final and binding on the parties if the appeal is not
				mediated.
B. The State Human
				Resources Director shall forward to a mediator-arbitrator all appeals which
				meet jurisdictional requirements and relate to the appeal of the following
				adverse employment actions: lack of promotional consideration and punitive
				reclassifications when the State Human Resources Director determines there is a
				material issue of fact regarding these issues, suspensions for ten days or
				fewer, and involuntary reassignments. In these cases, the arbitration decision
				is final in terms of administrative review.
C. Selection and Assignment of the
				Mediator-Arbitrator
1. The mediator-arbitrator
				must be assigned by the State Human Resources Director and shall serve as an
				impartial third party to hold conferences to encourage and facilitate the
				resolution of the appeal and, if the appeal is not resolved, issue a decision
				which determines whether the covered employee substantiated that the agency's
				decision was not reasonable.
2. The
				State Human Resources Director shall maintain a pool of qualified
				mediator-arbitrators trained by OHR in alternative dispute resolution,
				grievance, and related human resources issues.
3. The State Human Resources Director shall
				have the discretion to assign either two mediator-arbitrators, one to serve as
				mediator during the mediation phase and one to serve as arbitrator during the
				arbitration phase, or one mediator-arbitrator to serve as both mediator and
				arbitrator. If the State Human Resources Director assigns one
				mediator-arbitrator to serve as both mediator and arbitrator or an individual
				to serve as only the arbitrator during the arbitration phase, the following
				shall apply:
a. The State Human Resources
				Director shall send simultaneously to each party a list of five names of
				potential mediator-arbitrators from the pool along with a description of the
				professional experience of each potential mediator-arbitrator.
b. Each party shall have five calendar days
				from the date of receipt of the names in which to strike up to two names and
				return the list to the State Human Resources Director.
c. If OHR does not receive the list from the
				party within five calendar days from the date the party received the list, all
				persons named in the list shall be deemed acceptable.
d. From among the persons who have been
				approved on both lists, the State Human Resources Director shall appoint a
				mediator-arbitrator for that appeal. If the parties fail to agree on any of the
				persons named, or if the State Human Resources Director determines that an
				acceptable mediator-arbitrator from the list submitted to the parties is unable
				to act, or if for any other reason the appointment cannot be made from the
				submitted lists, the State Human Resources Director shall have the authority to
				make an assignment from among other members of the mediator-arbitrator pool
				without the submission of additional lists.