Current through Register Vol. XLI, No. 50, December 13, 2024
Section 156-1-4 - Level One, Forms, and Chief Administrator Authority Generally4.1. Forms -- All employers shall use the grievance form issued by the Board at all levels of the procedure. The chief administrator must provide a grievance form to an employee on request. Copies of this form can be obtained at the Board's web site.4.2. Written Procedures -- All employers shall provide a copy of the grievance statute and procedural rules to their employees. All newly-hired employees should be given a copy of these documents on commencement of their employment. Copies of the grievance statute and procedural rule can be obtained at the Board's offices and on the Board's website.4.3. Chief Administrator's Authority4.3.1. Level One Conference -- At a level one conference, the chief administrator may permit other individuals to attend and participate, as needed, in order to resolve the grievance.4.3.2. Level One Hearing -- To the extent of the chief administrator's administrative authority, a chief administrator shall require the attendance of witnesses who are necessary for the resolution of the grievance at a level one hearing and may reasonably limit the number of relevant witnesses, motions and other procedural matters.4.3.3. Authority Generally -- Additionally, the chief administrator may consolidate, for hearing or conference, grievances that are substantially similar, waive grievances the chief administrator is without authority to decide to level two or three, such as state compensation and classification grievances, and join parties as needed. If conflicts or questions arise on these issues, any party may submit the matter to the Board's chief administrative law judge for resolution.4.4. Chief Administrator's Decisions -- Level one decisions shall be dated, shall be in writing setting forth the decision or decisions and the reasons therefor, and, unless the time frame is waived by all parties, shall be issued within fifteen days of the conference or hearing to the Board, the parties, and any representative(s) named in the grievance. If the grievant is denied the relief sought, the decision shall inform the grievant that an appeal must be filed with the Board within ten days of receipt, and shall include the name and address of the Board. The chief administrator is required to send the level one decision to the Board, as well as a copy of the Cost Report Form.4.5. Intervention -- On timely request, an employee shall be allowed to intervene and become a party to a grievance at any level, when that employee claims the ruling in a grievance may substantially and adversely affect that employee's rights or property, and when that employee's interest is not adequately represented by the existing parties. Employers are encouraged to give notice to employees who could be substantially and adversely affected by the decision in a pending grievance that such employees may make a written request to intervene. All requests to intervene shall be made using the Intervention Form which can be obtained at the Board's offices or on the Board's website. Employees who may be directly affected by a ruling in a particular grievance are encouraged to intervene. An employee who intervenes in a grievance proceeding may make affirmative claims for relief in matters related to the grievance, as well as assert defensive claims, and may appeal to circuit court like any other party.