N.Y. Comp. Codes R. & Regs. tit. 9 § 560.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 560.3 - General provisions

(a)

(1) The employee shall identify his representative, if any, to the appropriate State official(s) at all steps, giving name, address and official designation, or if also an employee, his title, official working station and department.

(2) A representative who is also a State employee shall notify his supervisor immediately upon learning of his designation, stating the name of the aggrieved and the time and place of the grievance review or discussion.

(b) The time and place for the discussion or hearing of grievances within an agency shall, so far as practicable, be mutually agreeable to the appropriate parties, except that in certain restricted employment areas, as in a State hospital or prison, the agency head shall designate the time and place of presentation.

(c) Questions concerning the applicability of the executive order to a particular complaint shall be referred directly to the director of employee relations for determination. A record of all such determinations shall be kept on file in the Office of Employee Relations.

(d) An investigation or inquiry required or authorized to be conducted or made, may be conducted or made by any designee of the grievance appeals board.

(e) An employee's right to process a grievance shall not be lost to him solely because he has left the department or agency wherein it arose or because he has left the State service, provided such right had fully accrued prior to his separation from the department or agency of its origin and provided further that he could otherwise have prosecuted such grievance but for such separation and provided, further, that he presents his grievance not later than 45 calendar days after the date on which the act or omission giving rise to the grievance occurred.

(f) Terminations of the services of probationers pursuant to the Civil Service Law are not reviewable by the grievance appeals board except where the petitioner presents prima facie proof to the board that the decision of the appointing officer may have been arbitrary or capricious. In such cases, the board may:

(1) authorize the processing of the grievance through the agency procedure;

(2) assume original jurisdiction in resolving the grievance.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 560.3