Policy for Request for Advertising Job Vacancy Form

Document Sample
Policy for Request for Advertising Job Vacancy Form Powered By Docstoc
					                                                                                  Policy Administrator: Human Resources
                                                                                                 Revised: August 1, 2010



N.C. Department of the Secretary of State
Employee Internal Mediation & Grievance Policy and Procedure


     Purpose
          It is the policy of the N.C. Department of the Secretary of State (hereafter “Department”) to
          provide a means of communication between supervisors and employees and establish principles
          of administration to ensure a prompt, orderly and fair response to an employee's grievance.

     Policy
           This policy is consistent with all policies established by the State Personnel Commission and is
           administered in an equitable manner, free of any unlawful discrimination.

           An employee has the right to present a grievance free from interference, restraint, coercion or
           reprisal. Employees shall be allowed time off from regular duties as may be necessary and
           reasonable up to a maximum of eight hours for the preparation of the internal grievance without
           loss of pay, vacation leave, or other time credits. Employees must notify their supervisor in
           writing no later than two calendar days in advance of the absence and receive prior approval for
           the necessity to be absent from work for preparation of the internal grievance.

           Upon request, the employee's supervisor shall grant leave for participation as a party in a
           contested case hearing and other administrative proceedings outside of the Department in
           connection with employment, without loss of pay, vacation leave, or other time credits. The
           employee must submit in writing a request for leave to the appropriate supervisor no later than
           five calendar days in advance of the proceeding. Approval is required and the employee must
           document the time needed for this purpose.

           The Department‟s Human Resources Director is designated to provide assistance to the
           employee, schedule hearings and provide consultation to the employee and to management on
           personnel issues. Employees may request assistance from the Human Resources Director to
           prepare a written summary of the facts regarding the grievance. At no time does the Human
           Resources Director advocate for the employee or for management.

           Neither the Department nor the employee shall be represented by any outside parties (e.g., legal
           counsel, etc.) during the Employee Internal Mediation & Grievance Procedure.

           If any deadline falls on a non-workday or any State Personnel Commission approved holiday, the
           deadline shall be extended until the next business day.

           An employee may access his/ her personnel file by contacting the Department‟s Human
           Resources Director. Employees may examine any information in their personnel file except pre-
           employment letters of reference and/or information about a mental or physical disability that a
           prudent doctor would not share.




                                                                                                                  Page 1 of 11
                                                                                      N.C. Department of the Secretary of State
                                                  Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
                Any Contested Case issue not satisfactorily resolved by the Employee Internal Mediation &
                Grievance Procedure may be appealed to the State Personnel Commission (see Step 3-Appeal
                to the State Personnel Commission).

Communication of Policy
     This policy shall be communicated to all employees through the Department‟s website and through
     copies provided by the Department‟s Human Resources Director. New employees will be
     informed of the Employee Internal Mediation & Grievance Policy and Procedure during orientation
     training sessions. All current employees will receive notice of revised grievance policies and
     procedures when changes are made. All employees shall be notified no later than 30 calendar days
     prior to the effective date of the change. The Human Resources Director will continuously
     evaluate the Department‟s Grievance Procedure‟s effectiveness in achieving its stated goals and
     make recommendations for changes as needed.

           It is the responsibility of the Department to insure that all managers, supervisors, and employees
           are informed of the Department‟s Grievance Policy and Procedures and their rights and obligations.
           Employees can contact the Human Resources Director for specific information concerning their
           grievance rights.


Covered Employees and Grievable Issues
      Career state employees1 may use these procedures when they want to obtain a review of an action
      that directly relates to the employee‟s employment status or otherwise affects the formal
      relationship with the Department which is allegedly the result of or results in a violation of a policy
      or procedure for the Department and can be remedied by the Department. A career state employee
      is one appointed to a permanent position who has been continuously employed by the State of
      North Carolina in a position subject to the State Personnel Act for the immediate preceding 24
      months.

           Issues that may be grieved through the Department‟s policy are limited to the following:
                demotion
                suspension without pay
                dismissal
                reduction-in-force (failure to give RIF re-employment considerations)
                illegal discrimination
                denial of promotional priority consideration
                denial of priority reemployment consideration
                denial of equal opportunity for employment and compensation on account of the
                    employees age, sex, race, color, national origin, religion, creed, disabling condition, or
                    political affiliation
                denial of request for reasonable accommodation
                denial of the removal of inaccurate or misleading information from the personnel file
                retaliation (G.S. 126-85)
                failure to follow systematic procedures in reduction in force (not alleging discrimination)

    1
        Exceptions to the Career Status Rule
          The following grievances may be initiated without regard to type of appointment or length of service:
               Alleged discrimination (G.S. 126-16 and G.S. 126-36). This type of grievance may be initiated through:
                           a.   The Department‟s Employee Internal Mediation & Grievance Procedure, or
                           b. Directly to the State Personnel Commission as later described in this procedure. (An employee who chooses to
                                bypass the Department‟s internal grievance procedure and appeals directly to the Commission must do so within
                                30 calendar days of notice of the alleged discriminatory action).
                Alleged inaccurate or misleading information in personnel file (G.S. 126-25). This type of grievance must be initiated
                 through the Department of the Secretary of State's Employee Internal Mediation & Grievance Procedure.

                                                                                                                              Page 2 of 11
                                                                 Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
           denial of veteran's preference regarding initial employment, reduction-in-force, and other
            employment events including subsequent hirings, promotions, reassignments and
            horizontal transfers
           harassment in the workplace based upon age, sex, race, color, national origin, religion,
            creed, disabling condition, reasonable accommodation or political affiliation
           performance pay disputes
           any other issues made grievable by the State Personnel Act (G.S. 126-34.1), including:
                o Americans with Disabilities Act (ADA)
                o Americans with Disabilities Act Amendments Act (ADAAA)
                o Age Discrimination in Employment Act (ADEA)
                o Family and Medical Leave Act (FMLA)
                o Fair Labor Standards Act (FLSA)

        With the exception of performance pay disputes the issues listed above are called Contested
        Case Issues and may be subsequently appealed to the State Personnel Commission after the
        Employee Internal Mediation & Grievance Procedure.

        Any State employee or former State employee may grieve the following issues:
           o Denial of request to remove inaccurate or misleading information from the personnel
               file
           o Policy-making designation
           o Unlawful discrimination in the denial of promotion, transfer or training
           o Selection for demotion, RIF or termination

        Any applicant for State employment may grieve the following issues:
           o Denial of veteran‟s preference in initial State employment
           o Denial of employment on the basis of illegal discrimination

        Any SPA State employee may grieve the following issues:
           o A false accusation about political threats or promises


Non-Grievable Issues
   Issues that are not grievable include the following:
        matters related to written warnings
        assignment to investigatory placement with pay
        periods of assignment of investigatory placement with pay
        Matters relating to the decisions management must make to discharge its responsibilities
            generally are not subject to appeal under this policy. These matters include, but are not
            limited to, such areas as:
                o Programs and functions of the department
                o Standards of service
                o Overall agency budget
                o Utilization of technology
        Assignment and reassignment of staff to positions, duty stations and shifts except where
            such transfers include a demotion to a lower classification

    Any other matters not specifically made appealable by the State Personnel Act may not be appealed
    to the State Personnel Commission.




                                                                                                          Page 3 of 11
                                             Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
Procedure for Filing a Non-Discrimination Grievance
Employees alleging grievable disputes must first contact the Department‟s Human Resources Director and
complete the Department‟s Employee Internal Mediation and Grievance Form. The employee will be
provided a copy of the grievance policy and all procedural guidelines for filing a grievance. All grievances
must be filed within 15 calendar days of the alleged occurrence, the basis of the grievance.

Step 1
Discussion between employee and the immediate supervisor, or the appropriate supervisor

If an employee has a problem or issue, it should be discussed first with the employee's immediate
supervisor or the appropriate supervisor.

If the issue does not fall within the administrative or decision-making authority of the immediate
supervisor, the immediate supervisor shall:
          o refer the issue without delay to the next level supervisor with administrative or decision-
              making authority over the subject matter of the issue, and
          o notify the employee in writing that the referral has been made and the basis for the referral.

Before answering the complaint, the supervisor may consult or seek advice from higher level supervisors, if
necessary.

The employee shall receive a written response with information regarding appeals rights from the
supervisor within five calendar days from the date that the employee initiated the issue or be advised as to
the conditions which prevent a response within the five calendar days. Under no circumstances will a
response be allowed to require more than 10 calendar days from the date that the employee initiated the
complaint. If not resolved, then mediation is the next step.

Mediation
If the grievance is not resolved in the discussion between the supervisor and the employee the Grievant
(employee) may file a written complaint on the Grievance Form provided by the Human Resources Office.
Following the filing of a formal written grievance by the Grievant, mediation is Step 1 in the process.

The Grievant must file notice of the grievance, outlining what act(s) are being challenged, the basis for the
grievance and the relief requested. This must be submitted to the Human Resources Director within 15
calendar days of the contested action or after attempting and unsuccessfully resolving the grievance
informally, whichever is longer.

Mediation is an informal, semi-structured process where parties involved in a conflict or dispute use the
assistance of a neutral third party to attempt to resolve their conflict(s) or dispute(s) in a mutually
acceptable manner.

The mediation process is overseen by the Office of State Personnel by a Mediation Administrator. The
mediator is an Office of State Personnel (OSP)-approved neutral third party whose role is to guide the
mediation process, facilitate communication and to help the parties generate and evaluate possible
outcomes for resolution. A mediator does not act as a judge and does not render decisions.

At the conclusion of the mediation, both parties will sign either:
            o Memorandum of Agreement indicating that the grievance was resolved. The
                Memorandum of Agreement shall contain the terms of the agreement and those terms shall
                be binding, subject to the approval of the Office of State Personnel and/or any other state
                agency whose approval is necessary to implement the agreement, and provided the

                                                                                                               Page 4 of 11
                                                  Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
                 agreement does not contain any provision contrary to State Personnel policies or rules, or
                 applicable state or federal law.
             o   Notice of Mediation Impasse if the grievance was not resolved. The grievant has the
                 opportunity to proceed to Step 2 of the Internal Mediation & Grievance Procedure.

The Department is responsible for a copy of all executed Mediation Agreements to OSP. Additionally, the
Department is responsible for submitting relevant data to OSP for the purpose of evaluating the mediation
process for cost containment and effective, efficient resolution of grievances.

The mediation process shall be kept confidential to the extent permitted by law.

The mediation process shall be concluded within 45 calendar days from the filing of the grievance unless
the parties agree in writing to a longer period of time.

Settlement by Deputy Secretary of State
     At any point after the Step 1 discussion with the supervisor and before the Final Agency Decision
       is rendered by the Secretary of State, the Deputy over the appropriate work group may intervene
       and offer a settlement, as authorized by the Secretary of State and consistent with personnel
       policies.
     The grievance may be:
            o Settled between the parties by mutual agreement in lieu of continuing the Internal
                Grievance Procedure, or
            o Settled in part by mutual agreement of the parties, at which point all unresolved portions of
                the grievance shall continue through the Internal Grievance Procedure, or
            o Not settled, at which point the entire grievance shall continue through the Internal
                Grievance Procedure and the issues shall remain as they were before the settlement offer
                was made.

Step 2
Appeal to the Secretary of State through the Department of the Secretary of State Grievance
Committee
    In situations where mediation does not produce an agreement at Step 1, or the decision is not
       communicated within the established timeframe, the matter may be appealed to the Department‟s
       Grievance Committee.

        The request for review by the Committee shall be made in writing to the Department‟s Human
         Resources Director within five calendar days of receipt of the Step 1 form „Notice of Mediation
         Impasse‟ indicating the grievance was not resolved.

        The grieving employee shall provide a written summary of the specific facts of the grievance,
         copies of which shall be provided at the same time to all other parties concerned. The employee
         may ask the Department‟s Human Resources Director or designated employee representative for
         help in preparing the request and the written summary of facts regarding the appeal.

        The Department‟s Human Resources Director shall transmit the request to the Department‟s
         Grievance Committee. Each party shall be notified at least 10 calendar days in advance of the
         scheduled date of the hearing. Neither the employee nor management may be represented by an
         attorney during the hearing.

        The Department‟s Human Resources Director will:
            o Appoint the Department‟s Grievance Committee
            o Not serve in any capacity on a Department of the Secretary of State Grievance Committee
                except as an advisor on personnel policy
                                                                                                               Page 5 of 11
                                                  Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
             o   Not participate in the deliberations of the committee.

        The Department‟s Grievance Committee shall:
            o Consist of five members who are not from the same operational group as the employee
                appealing
            o Not be made up entirely of supervisory or administrative personnel
            o Reflect the demographics of the agency personnel pool and the employee, particularly
                where illegal discrimination is alleged
            o Elect a chair from among their membership who will facilitate the process.

        The employee shall be allowed the opportunity to eliminate up to two members of the
         Department‟s Grievance Committee when there is an issue of whether the members can render an
         unbiased decision. When the members are eliminated, the Department‟s Human Resources
         Director shall select two members as replacements on the committee. No additional replacements
         will be allowed.

        At the conclusion of the hearing, it will be the responsibility of the Department‟s Grievance
         Committee chairperson to inform the Secretary of State, in writing, of the details of the grievance
         and provide a recommendation for the Final Agency Decision (FAD). This written summary shall
         include reasons why the problem was not resolved at the preceding steps and shall be forwarded to
         the Secretary of State within 10 calendar days after the conclusion of the hearing.

        The employee shall be provided the Final Agency Decision (FAD) within 10 calendar days from
         the date the Secretary of State receives the Department‟s Grievance Committee report, or be
         advised as to the conditions which prevent a response within the 10 calendar days and when a
         response may be expected. A written FAD must be delivered to the employee within a reasonable
         time from the date the grievance was initiated. A reasonable time is:
             o No more than 60 calendar days for employees alleging unlawful workplace harassment
             o No more than 90 calendar days for dismissals
             o No more than 90 calendar days for demotions
             o No more than 120 calendar days for all other issues

        The Final Agency Decision will include a statement of any applicable appeal rights and advise the
         grievant that an appeal to the State Personnel Commission must be filed with the Office of
         Administrative Hearings within 30 calendar days of receipt of the Final Agency Decision. See
         attached "Procedure for Appeal to the State Personnel Commission".

Step 3
Appeal to the State Personnel Commission
    Any career State employee who otherwise has standing to appeal to the State Personnel
       Commission who is not satisfied with the Final Agency Decision has 30 calendar days from receipt
       of the Final Agency Decision to file an appeal to the State Personnel Commission. Such appeal is
       made by filing a petition for contested case hearing with the:

                         Office of Administrative Hearings
                         6714 Mail Service Center
                         Raleigh, North Carolina 27699-6714
                         Phone: (919) 431-3000

Procedure for Discrimination Grievances


                                                                                                               Page 6 of 11
                                                  Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
  For Discrimination Grievances, any of the Step 1 Non-Discrimination Grievances are available which
  are: A. Discussion between employee and the immediate supervisor, or the appropriate supervisor; B.
  Mediation; and C. Settlement by Deputy.

  Appeal Procedure
   This appeal may be through the Department‟s Internal Grievance Procedure if:
         o Filed within 15 calendar days after the act or omission that is the basis of the grievance
                 Or
         o Filed directly to the State Personnel Commission if filed within 30 calendar days of the
             notice of the alleged discriminatory act or omission.

     The employee may appeal to the State Personnel Commission by filing a petition for contested case
      hearing within 30 calendar days of the event that constitutes the basis of the grievance. Such
      appeal must be made to:

                      Office of Administrative Hearings
                      6714 Mail Service Center
                      Raleigh, NC 27699-6714
                      Phone: (919) 431-3000


Procedure Unlawful Workplace Harassment
  An employee who alleges unlawful workplace harassment shall have the right to bypass any step in the
  Department‟s Grievance Procedure involving discussions with or review by the alleged harasser.

  Unlawful workplace harassment grievances must be filed in writing within 15 calendar days of the
  alleged harassing action. The Department shall take immediate, appropriate, and remedial action
  rendering the written response to the grievant within 60 calendar days (or less, if waived and in writing
  and signed by both parties at the outset) from receipt of the written complaint.

Procedure for Appeal to the State Personnel Commission
      A Petition for a Contested Case Hearing (Form H-06A) must be filed (received by) within 30
      calendar days of the action or omission giving rise to the right of appeal at:
                       Office of Administrative Hearings
                       1711 New Hope Church Road
                       6714 Mail Service Center
                       Raleigh, NC 27699-6714
                       Phone: (919) 431-3000

      Forms can be secured from the Office of Administrative Hearings (OAH).

      The hearings are conducted by the Office of Administrative Hearings. Hearing procedures may be
      obtained by contacting:
                      Chief Hearings Clerk
                      Office of Administrative Hearings
                      1711 New Hope Church Road
                      6714 Mail Service Center
                      Raleigh, NC 27699-6714
                      Phone: (919) 431-3000


                                                                                                            Page 7 of 11
                                               Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
To File a Charge with the EEOC
     State employees and local government employees must file a charge within six months (180 days)
     from the date of the alleged act(s) of discrimination. The Charge Form may be completed by
     contacting:

                    Intake Coordinator
                    Office of Administrative Hearings
                    Civil Rights Division
                    1203 Front Street, Bldg. B
                    Raleigh, NC 27609
                    Phone: (919) 733-0431




                                                                                                         Page 8 of 11
                                            Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
Issues Appealable to the State Personnel Commission
A.   A career state employee may appeal to the SPC by filing a petition for a contested case hearing in
     the OAH based upon:

     1.    Dismissal, demotion, or suspension without pay based upon alleged violation of G.S. 126-35.

     2.    Unlawful state employment practice constituting discrimination proscribed by G.S. 126-36
            a. Denial based on age, sex, race, color, national origin, religion, creed, political
                affiliation, unlawful workplace harassment, disabling condition, or reasonable
                accommodation.
            b. Retaliation due to an employee's opposition to alleged discrimination on any basis
                proscribed in G.S. 126-36.

     3.    Retaliation against an employee for protesting an alleged violation on the basis of age, sex,
           race, color, national origin, religion, creed, political affiliation, unlawful workplace
           harassment, disabling condition, or reasonable accommodation.

     4.    Denial of veteran's preference regarding initial employment, reduction-in-force, and other
           employment events including subsequent hirings, promotions, reassignments and horizontal
           transfers.

     5.    Denial of promotion due to failure to post or failure to give priority consideration for
           promotion or reemployment to a career state employee as required by G.S. 126-7.1 and G.S.
           126-36.2.

     6.    Denial of an employee's request for removal of allegedly inaccurate or misleading
           information from the employee's personnel file.

     7.    Any retaliatory personnel action that violated G.S. 126-85.

     8.    Harassment in the workplace based upon age, sex, race, color, national origin, religion,
           creed, disabling condition, political affiliation or reasonable accommodation.

     9.    Any other issues made grievable by the State Personnel Act (G.S. 126-34.1), including:
                o Americans with Disabilities Act (ADA)
                o Age Discrimination in Employment Act (ADEA)
                o Family and Medical Leave Act (FMLA)
                o Fair Labor Standards Act (FLSA)

B.   An applicant for state employment may appeal to the SPC by filing a petition for a contested case
     hearing in OAH, based upon:

     1.      Alleged denial of employment on the basis of race, religion, color, creed, national origin,
             sex, age, disabling condition, political affiliation or reasonable accommodation as
             proscribed in G.S. 126-16.

     2.      Denial of the non-career state employee applicant's request for removal of allegedly
             inaccurate or misleading information from the employee's personnel file as provided by
             G.S. 126-25.

     3.      Denial of equal opportunity for employment and compensation on account of the
             applicant's age (limited to persons who are at least forty [40] years of age), sex, race, color,
                                                                                                            Page 9 of 11
                                               Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
              national origin, religion, creed, disabling condition, political affiliation or reasonable
              accommodation as defined by Chapter 168A of the General Statutes.

      4.      Denial of veteran's preference regarding initial employment and other employment events
              including subsequent hirings, promotions, reassignments and horizontal transfers.

      5.      Denial of employment due to political hiring in violation of G.S. 126-14.2.

C.    An employee in a position designated as exempt policy-making/confidential and exempt
      managerial under G.S. 126-5 may appeal to the SPC by filing a petition for a contested case
      hearing in the OAH based upon:

      1.      A dispute as to whether a State employee's position is properly exempted from the State
              Personnel Act under G.S. 126-5.

      2.      Denial of an employee's request for removal of allegedly inaccurate or misleading
              information from the employee's personnel file.

      3.      Denial of equal opportunity for employment and compensation on account of the
              employee's age (limited to persons who are at least 40 years of age), sex, race, color,
              national origin, religion, creed, disabling condition, political affiliation or reasonable
              accommodation as defined by Chapter 168A of the General Statutes.

      4.      Retaliation against an employee for protesting an alleged violation on the basis of race,
              religion, color, creed, national origin, sex, age, unlawful workplace harassment, or
              handicapping condition.

D.   Any state employee may appeal to the SPC by filing a petition for a contested case hearing in the
     OAH based upon:

      1. A false accusation regarding, or disciplinary action relating to the employee's alleged unlawful
         coercion of a state employee to support a political candidate, political committee, or political
         party, or to change their party affiliation.

      2. A violation under the Americans with Disabilities Act (ADA); Americans with Disabilities Act
         Amendments Act (ADAAA); Age Discrimination in Employment Act (ADEA); Family and
         Medical Leave Act (FMLA); or the Fair Labor Standards Act (FLSA).

      3. A request for reasonable accommodation.




                                                                                                            Page 10 of 11
                                                Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx
Department of the Secretary of State
Employee Internal Mediation & Grievance Form
                               (In order to file a grievance, this form must be completed)

1.   Full name, mailing address, e-mail address and telephone numbers (work and home) of Grievant:



     ___________________________________________________________________

2.   Department/Division:

3.   Position held, formerly held, or applied for:


4.   Current position (if applicable): ____________________________________________________________

5.   Your complaint is based on what action (must be one of Department of the Secretary of State's grievable issues)?
     Be as specific as possible.


6.   A clear and concise statement of the facts, including pertinent dates constituting the grievance
     (Separate pages may be attached):


7.   What policy or practice do you feel this action violated?



8.   Name(s) of person(s) with information regarding this complaint (witnesses, etc.):



9.   What is your desired outcome?



Signature:
Date:

 Please forward a copy of this form within 15 days of the alleged occurrence to your immediate supervisor and to the
                          Human Resources Director, Department of the Secretary of State
                                                   PO Box 29622
                                              Raleigh, NC 27626-0622
                                       Human Resources Fax: 919-807-2099;
                          Human Resources Location: Old Revenue Building, Room A580




                                                                                                                   Page 11 of 11
                                                       Secretary_of_State_Grievance-Mediation_Policy_and_Procedure_2010_v2.docx