N.Y. Comp. Codes R. & Regs. tit. 9 § 560.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 560.1 - Definition of terms

Unless otherwise expressly stated or unless the context requires a different meaning, for the purposes of the formal grievance procedures established pursuant to the Executive Order of the Governor of October 14, 1970 [see section 1.1, Part 1, Subtitle A, supra]:

(a) The term executive order means the executive order promulgated by Governor Rockefeller on October 14, 1970 relating to procedures for the submission and settlement of certain grievances of certain State employees [see section 1.1, Part 1, Subtitle A, supra ].

(b) The term board means the grievance appeals board in the Office of Employee Relations.

(c) The term grievance means a claim or charge of injustice to an employee as defined at section 6 of the executive order.

(d) The term department or agency means any unit of the executive branch of the State government for which the grievance appeals board approves a separate procedure.

(e) The term employee representative means the agent selected subject to the provisions of section 1 of the executive order by the employee to act in his behalf in the processing of a grievance.

(f) The term immediate supervisor means the employee or officer on the next higher level of authority above the employee claiming to be aggrieved in the agency wherein the grievance exists and who normally assigns and reviews the employee's work, approves his time record, or evaluates his work performance by or with the designation or approval of the agency head.

(g) The term employee means an employee in the executive branch of State government (1) who is not covered by a collectively negotiated agreement (collective agreement) between the State and a certified or recognized employee organization or (2) who is covered by a collective agreement which accords such employee the right to continue to process grievances under the Executive Order.

(h) The term step means a level of the procedure at which a decision on the grievance is made.

(i) The term agency procedure means those processes or procedures within the department or agency, established by the department or agency head and approved by the grievance appeals board, by which a grievance is presented and a determination made thereon within the department or agency.

(j) The term appeal means the process or procedure by which an aggrieved employee presents in the next higher step a grievance which has not been disposed of to his satisfaction.

(k) The term working day means the days Monday through Friday excluding holidays.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 560.1