D.C. Mun. Regs. tit. 8, r. 8-B1600

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 8-B1600 - GENERAL PROVISIONS: APPLICABILITY

1600.1

The informal presentation by employees of concerns and grievances is encouraged and shall be reasonably accommodated by management. The provisions of this chapter set forth formal grievance procedures that shall be used by University employees (except those occluded below) to seek resolution of conflict, the prompt and equitable relief of personal concerns and the redress of grievances.

1600.2

This chapter shall apply only to non-bargaining unit employees.

1600.3

The grievance procedures set forth in this chapter shall not apply to the following employees:

(a) A bargaining unit employee subject to a negotiated grievance process;

(b) A probationary employee seeking to challenge his/her termination during probation;

(c) A temporary employee or an employee with a time-limited appointment seeking to challenge the termination of that appointment.

1600.4

The grievance procedures set forth in this chapter shall not apply to:

(a) Applicants for employment; or

(b) Former employees.

1600.5

A grievance may consist of a complaint of dissatisfaction or dispute concerning the following:

(a) The interpretation or application of University policies or procedures;

(b) A claimed violation, misrepresentation, or misapplication of University rules or applicable law; or

(c) A failure to act pursuant to the policies and practices of the University or other applicable policies and practices.

1600.6

The following matters are not subject to this grievance procedure:

(a) Any action implemented to comply with a decision by the Office of Employee Appeals, an arbitrator of competent jurisdiction, the Office of the Inspector General, the Executive Office of the Mayor, the Office of Human Rights, the Commission on Human Rights, a court of competent jurisdiction, or any other agency authorized by law to mandate a particular action;

(b) Any action terminating an employee's temporary promotion that returns the employee to the position from which the employee was temporarily promoted or to a different position that is not at a lower grade or level than the position from which the employee was temporarily promoted;

(c) Expiration of an appointment with a specific time limit;

(d) Forfeiture of position due to failure to maintain bona fide District residency, or to meet the residency or domicile requirements;

(e) Termination or discipline of an employee serving a probationary period;

(f) The return or assignment to the position from which promoted or to an equivalent position of an employee who does no t successfully complete a supervisory probationary period;

(g) Termination of a term promotion upon completion or termination of an assigned project, and the return of the employee to the position from which promoted or to a different position of equivalent grade and pay;

(h) An action reassigning an employee to a different position that is not at a lower grade;

(i) Termination or discipline prior to the expiration of a temporary appointment;

(j) An appeal from a disciplinary action or adverse action under the provisions of Chapter 15 of this subtitle;

(k) Voluntary action initiated by, or at the request of, an employee;

(l) Reduction of an employee's rate of pay from an erroneous rate;

(m) An allegation of unlawful discrimination, or any other matter within the jurisdiction of the Office of Human Rights;

(n) An allegation of an unfair labor practice, or any other matter required to be decided by the Public Employee Relations Board;

(o) A final University decision which, pursuant to the D.C. Official Code Section 1-606.03(a), may be appealed to the Office of Employee Appeals;

(p) A grievance that could be submitted through the grievance procedures contained in a collective bargaining agreement;

(q) Non-selection for any competitive or non-competitive appointment or promotion from a group of candidates who were properly qualified, ranked or certified;

(r) Performance evaluations conducted under the provisions of Chapter 19 of Title 8-B DCMR;

(s) The application or coverage of the Fair Labor Standards Act;

(t) A prior grievance dismissed with prejudice;

(u) Non-adoption of a suggestion;

(v) Disapproval of a quality salary increase, performance award or other kind of honorary or discretionary award;

(w) Any matter which is not subject to the jurisdiction of the Board of Trustees; and/or

(x) The substantive content of any resolution, policy or procedure of the Board of Trustees.

D.C. Mun. Regs. tit. 8, r. 8-B1600

Final Rulemaking published at 67 DCR 4904 (5/8/2020)