1.1.1 Any employment-related matter of concern that directly and personally affects an employee, provided the Department has complete or partial jurisdiction over the matter and neither statute nor Arizona Department of Administration (ADOA) Personnel Rules provide an alternative means of resolution (i.e., separate appeal procedures).

1.1.2 Allegations of discrimination.

1.1.3 Allegations of noncompliance with ADOA Personnel Rules.

1.1.4 Allegations of noncompliance with the Americans with Disabilities Act.

1.2 While an employee may not submit a grievance challenging the following management rights, an employee may submit a grievance concerning the manner of their administration, insofar as the exercise of these rights personally affects the employee. The Department has the right to:

1.2.1 Direct its employees.

1.2.2 Hire, promote, transfer, assign and retain employees.

1.2.3 Maintain the efficiency of government operations and determine the methods, means and personnel by which these operations are to be conducted.

1.2 Dismissals.

1.3 Demotions.

1.4 Classification actions.

1.5 Reductions in force.

1.6 Retirement.

1.7 Health and/or life insurance.

1.8 Recruitment/promotional examinations.

1.9 Certifications/appointments.

1.10 Any action for which separate appeal procedures are provided by ADOA Personnel Rules.

1.11 The receipt or non-receipt of performance awards.

1.12 The receipt of a performance decrease.

1.15 Non-disciplinary actions e.g., letters of instruction, performance appraisal entries and Notices of Necessity to Improve.

1.16 The interpretation of ADOA Personnel Rules or FLSA.

1.16.1 While such matters are not grievable, they may be submitted to the ADOA Director for review and possible action.

1.1 The employee and supervisor shall discuss the employee's specific concerns in an attempt to reach an agreement.

1.1.1 If the complaint involves the employee's immediate supervisor, the employee shall have the discussion with the second-line supervisor.

1.1.2 If the complaint involves an employee not under the direct supervision of the grievant's supervisor, then the other supervisor shall also be present.

1.1.3 All involved parties shall participate, as deemed appropriate by the complainant's supervisor, in this informal process in an attempt to resolve the matter.

1.2 If the supervisor and employee are unable to resolve the issue informally, the complainant's supervisor shall contact the Step I review authority, identified in Attachment A, for assistance.

1.3 Upon completion of the Informal Resolution Process the supervisor shall sign the appropriate area on the grievance form. The supervisor's signature shall be required documentation of the attempt to resolve informally.

1.1 Obtain a Grievance Control Number from the Employee Grievance Coordinator assigned to the Director's Office.

1.1.1 Prior to issuing a Grievance Control Number, the Employee Grievance Coordinator shall verify the issue in question is a grievable matter, time frames have been met and that Informal Resolution has been attempted.

1.1.2 The Grievance Coordinator may direct multiple issues be submitted under a single Control Number when the issues being grieved are related by time, involved parties or events.

1.1.3 A Grievance Control Number shall be issued only to the grievant or in the event of a Group Grievance, to the designated spokesperson for the group.

1.2 Prepare and submit a written grievance to the Step I authority within 10 workdays of the occurrence of the action being grieved.

1.1.1 A completed, signed and dated Employee Grievance, Form 517-1PF.

1.1.2 A complete statement of all the facts and circumstances associated with the alleged problem/complaint and the recommended resolution.

1.1.2.1 When the grievance alleges noncompliance with ADOA Personnel Rules, the grievant shall specify the Rule that has been allegedly violated.

1.1.3 A statement specifying the reason(s) that the problem was not satisfactorily resolved informally as outlined in 517.03.

1.1.3.1 If this statement is not provided, the grievance shall be returned to the employee by the Step I review authority, directing the employee to provide the statement within the Step I submission time frames.

1.2 The Grievance Control Number shall be listed on each page/document of the grievance.

1.3 A copy of each original grievance and each subsequent Review Step Response shall be immediately forwarded to the Grievance Coordinator.

1.4 Grievance documents shall not be filed in the employee's personnel file.

1.5 Once the grievance is referred to any step beyond the Step I review authority, it shall not be amended.

1.2 A State Service employee who serves as a representative shall use annual or compensatory leave for the time required to represent the grievant.

1.3 Review authorities shall not meet with the representative without the grievant being present.

1.3.1 Review authorities may meet with the grievant if he/she waives the presence of the representative.

1.1.1 If a grievance pertains to disciplinary action imposed by an individual higher than the Step I review authority, the grievant shall directly petition that individual.

1.2 Grievance actions shall not stop due to a review authority's absence.

1.2.1 Review authorities who are absent from their position shall appoint an acting review authority, who shall process grievances during the review authority's absence.

1.2 The established time frame may be extended at any step, subject to the following conditions:

1.2.1 The person requesting the extension shall provide sufficient justification, in writing, to the other party involved. Extension requests shall be directed to the individual who is responding at that step.

1.2.2 The revised deadline shall be agreeable to both parties involved. If agreement cannot be reached, the request for an extension shall be forwarded to the next higher review authority for a decision.

1.2.3 An extension at one step shall not automatically apply to a higher step.

1.3 If, at any step, a response has not been received by the established deadline, and an extension has not been agreed upon, the employee may submit the grievance to the next step.

1.3.1 The receiving step shall, with input from the lower step, make a determination.

1.1.1 Review the grievance documents.

1.1.2 Meet with all involved parties, individually and/or collectively.

1.1.2.1 Involved parties may include, but are not limited to, the employee and his/her representative, an employee being grieved and his/her supervisor, the OPR of a written directive, and co-workers of the grievant.

1.1.2.2 More than one meeting may be necessary to discuss the grievance, ascertain the facts and resolve the problem.

1.1.3 Review applicable Department Written Instructions, rules and regulations.

1.1.4 Investigate the circumstances that created the problem.

1.1.5 Provide a written response to the employee within 10 workdays of receipt of the grievance. Original grievance documents shall be returned to the employee.

1.1.1 Submit the grievance to the Step II authority within 5 workdays of receipt of the Step I written response.

1.1.2 Include a statement specifying the reason(s) the Step I response was unsatisfactory.

1.2 The Step II authority shall:

1.2.1 Review the grievance documents.

1.2.1.1 If the grievance documents do not include a statement specifying the reason(s) the Step I response is unsatisfactory, it shall be returned to the grievant, who may resubmit the grievance, with the required statement, to the Step II authority within the prescribed time frames.

1.2.2 Meet with all involved parties, individually and/or collectively.

1.2.2.1 Involved parties may include, but are not limited to, the employee and his/her representative, an employee being grieved and his/her supervisor, the OPR of a written directive, and co-workers of the grievant.

1.2.2.2 More than one meeting may be necessary to discuss the grievance, ascertain the facts and resolve the problem.

1.2.3 Attempt to negotiate a settlement of the problem with the appropriate line authorities and the grievant.

1.2.4 Provide a written response to the employee within 10 workdays of receipt of the grievance. Original grievance documents shall be returned to the employee.

1.1.1 Submit the grievance to the Step III authority within 5 workdays of receipt of the Step II written response.

1.1.2 Include a statement specifying the reason(s) the Step II response was unsatisfactory.

1.2 The Step III authority:

1.2.1 Shall review the grievance documents.

1.2.1.1 If the grievance documents do not contain a written statement specifying the reason(s) the Step II response is unsatisfactory, it shall be returned to the grievant, who may resubmit the grievance, with the required statement, to the Step III authority within the prescribed time frames.

1.2.2 Shall have the grievance further investigated/reviewed.

1.2.2.1 If an interview with the grievant is deemed necessary by the Director, the grievant shall be allowed to bring a representative.

1.2.3 May have an impartial individual, inside or outside the Department, review the grievance.

1.2.4 May request assistance from any relevant Department resource deemed appropriate.

1.2.5 Shall provide a written response to the employee within 10 workdays of receipt of the grievance.

1.3 Step III is the final step for all grievances, except those concerning allegations of discrimination or noncompliance with ADOA Personnel Rules.

1.1 The employee shall:

1.1.1 Submit the grievance package to the ADOA Director within 5 workdays of receipt of the Step III written response.

1.1.2 Include a statement specifying the reason(s) the Step III response is unsatisfactory.

1.2 ADOA response shall be made in accordance with ADOA Personnel Rules.

1.2 The grievance shall be signed by all of the grieving employees.

1.3 The group shall designate one of the grieving employees as the contact person.

1.4 The grievance shall be processed the same as an individual grievance.

1.1.1 The grievant's name, job title and work location.

1.1.2 The grievance control number.

1.1.3 The grievance category (e.g., suspension, discrimination).

1.1.4 The step at which the grievance was resolved.

1.2 The Grievance Coordinator shall use this information for tracking purposes and for preparing periodic reports for the Director.

1.1.1 To withdraw a grievance, the grievant shall complete the "Request To Withdraw Grievance" section of the grievance form and submit the form, through the appropriate review authority, to the Grievance Coordinator.

1.2 Failure to present a written grievance for formal review within the specified time frames shall constitute a voluntary withdrawal and no further action shall be taken on the grievance.

1.2.1 If the time frame has been extended as provided for in section 517.09, 1.2, failure to present a written grievance by the conclusion of the extended time frame shall constitute a voluntary withdrawal and no further action shall be taken.

1.3 An employee's grievance shall be considered "Withdrawn" at the time the grievant terminates employment with the state. An employee of the Department who transfers, accepts or promotes to a position in another state agency, who has an active grievance, shall have the right to continue with the Department’s grievance process.

FORMS LIST

A.A.C. R2-5-702, Grievance Procedures.

REVISED 2/1/01

IMP 206.13, Employee Grievance Procedure (04/16/90)

MO 20, Untitled (01/12/95) This draft incorporates only the sections addressing a manager's absence during the grievance process.