(A) Policy. It is the commission's
desire to foster sound employee-supervisor relations through communication and
prompt resolution of work-related problems. To provide for the settlement of
any differences which might otherwise detract from a sound relationship, the
commission provides the following grievance procedure.
(B) Definition. A "grievance" is
defined as any current personnel problem involving an employee's belief that
his or her employment relationship is being adversely affected by an improper
application or interpretation of laws, personnel procedures or departmental
policies relating to said employment. Complaints concerning civil service
examinations, certification lists, rate of pay, position classifications,
performance evaluations, removals, suspensions of more than three days, or
reductions will not be considered under these procedures. Chapter 124. of the
Revised Code, Ohio civil service laws, and the administrative rules of the
director of the department of administrative services govern these matters. It
should be noted that this grievance procedure does not limit or replace the
equal employment opportunity complaint procedure. Any employee desiring
information or assistance in the area of equal employment opportunity should
contact the equal employment opportunity office. The following grievance
procedure describes the actions an employee may take to attempt to resolve any
other work-related differences.
(C) Rights. All staff members have
the right to attempt to resolve a grievance without fear of criticism,
reprisal, interference, or coercion. Employee grievance petitions will be
handled in a fair and prompt manner.
(D) Informal resolution. Every effort
will be made to resolve complaints at the lowest level of supervision. An
informal attempt at resolution shall be made initially by the employee with
his/her immediate supervisor within seven days of the occurrence of the
incident causing the complaint, or within seven days from the time the staff
member could reasonably be expected to have knowledge of the situation. The
employee should be prepared with notes, dates and any other pertinent
information to establish the validity of the grievance. The supervisor shall
issue a decision within seven days after receiving the grievance. If a
supervisor fails to respond to the complaint within the time limits specified,
or if the employee is not satisfied with the response, he/she may file a
written, formal grievance.
(1) All time limits specified in the
resolution of a grievance are calendar days. In the event of extenuating
circumstances, or by mutual consent, the time limits may be
(2) Written complaints should be
clearly stated, include all necessary information, and summarize all
recommendations up to the current step in the process. Once a complaint is
submitted for review, it shall not be amended by either party.
(3) Grievance hearings shall be
scheduled at mutually satisfactory times, during working hours.
(4) An employee may request
assistance from the personnel office to clarify rules, regulations, policies
and procedures applicable to the complaint.
(5) If an employee fails to appeal
the complaint to the next step of the procedure within the time limits
specified, the grievance shall be considered settled with the last answer given
as the acceptable resolution.
(6) If a supervisor fails to respond
to the complaint within the time limits specified, the employee may take the
grievance to the next level of resolution.
(7) Grievance information or
testimony must be treated in a most discreet and confidential manner by all
(F) Formal resolution.
(1) If discussions with the immediate
supervisor do not resolve the grievance to the employee's satisfaction, the
employee shall submit the complaint in writing to the division chief/department
director for review, within seven days of the decision by the immediate
supervisor. The written complaint should state the problem in detail, listing
dates, times, places, and other pertinent information to assist in resolving
the grievance. The division chief/department director shall review the
complaint promptly and within seven days from the receipt of the written
complaint provide a written decision to the employee with a copy of the
decision to the immediate supervisor. The employee has five days to request a
review of the grievance at the next level. If the grievance has not been
resolved to the employee's satisfaction, the employee shall forward the written
complaint and the decision by the division chief/department director to the
chief of personnel for review and resolution. If the initial grievance should
be with the personnel chief, the employee will request a review of the
complaint with the director of administration.
(2) Upon receiving the grievance, the
personnel chief will conduct an investigation into the circumstances
surrounding the complaint, possibly including a meeting with the employee and
any other individuals as may be necessary. The decision of the chief of
personnel shall be issued in writing within seven days of receiving the
complaint, with a copy to the department director. All meetings with the chief
of personnel and the employee/supervisor/division chief/department director
will be documented and copies of the complaint, facts and information
accumulated, and the grievance appeals and responses will be distributed to the
(G) Commission review. If the
complaint is not resolved satisfactorily after review by the personnel chief,
either party may request, within five days of the personnel chief's decision, a
review of the matter by the commissioners or a designate thereof. Within five
days, or as soon thereafter as possible, of a request for a commission review
of the complaint, a commissioner or designee will arrange a meeting among all
parties to the grievance: the complainant, the supervisor, the division
chief/department director, and the chief of personnel, and/or any other
individuals as is deemed necessary. Within seven days of the meeting, the
commission/designee will review the grievance with the other commissioners.
Within seven days of the commissioners' review of the case, a decision will be
issued, with at least three of the commissioners agreeing. This decision is
final and documented copies of the complaint, facts and information
accumulated, the grievance appeals and responses, and the final decision will
be forwarded to all participants and the state personnel division.