006-8 Wyo. Code R. § 8-2

Current through April 27, 2019

Section 8-2 - General Provisions

(a) Time Periods:

• (i) In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless that day is a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, or legal holidays shall be excluded from the computation;

• (ii) The Human Resources Administrator may, upon written request and for good cause shown, or at his/her own discretion, extend any time period prescribed by this chapter, provided the written request is received before the expiration of the time period originally prescribed.

(b) Compliance with Procedure. An employee shall forfeit the right to pursue a grievance and / or appeal if the employee fails to follow the procedures prescribed by this chapter.

(c) Waiver of Procedure. Any procedure prescribed by this chapter may be waived by mutual written agreement between the parties. A copy of the agreement shall be forwarded to the Human Resources Administrator or the presiding officer, as applicable.

(d) Designation of Parties. The rights in this chapter apply to permanent employees only.

(e) Representation. An employee may be represented by any person, including legal counsel, at any stage of the grievance and / or appeal process.

(f) Administrative Leave. An employee who is a party or witness in a grievance or appeal, and employee Grievance Committee members, shall be granted administrative leave to participate in the proceeding. An employee who has filed a grievance shall be entitled to a maximum of eight (8) hours of administrative leave to prepare for presentation of the grievance and / or appeal. Prior notice shall be given to the employee's supervisor.

(g) Grievance Committee: Membership and Compensation. Grievance Committee members shall be individuals who have consented to serve as such and who are not parties to the dispute, nor employees from the same agency as either party to the dispute, nor advocates of either party to the dispute. Grievance Committee members shall not have any ex parte communication with the parties to the dispute during the grievance process. Non-employee Grievance Committee members shall serve without compensation but shall be reimbursed for expenses in the same manner and at the same rate as employees.

(h) Grievance Committee Decisions. Decisions of a Grievance Committee shall require a majority vote of the body. No hearing shall be conducted without the presence of all Grievance Committee members, unless stipulated to by the parties. The hearing may be conducted by telephone or other electronic media.

(i) Custody of Records. The Human Resources Administrator shall be the official custodian of all records pertaining to the provisions of this chapter.

(j) Confidential Proceedings. All grievance and appeals proceedings shall be confidential.

(k) Service of Documents. Any person filing a document with the Human Resources Administrator in a grievance and / or appeal proceeding shall serve a copy on all parties and representatives at or before the time the document is filed with the Human Resources Administrator.

(l) Agencies shall provide a report to the Human Resources Division on or before February 28 of each year, in the manner determined by the Human Resources Division, on the number and type of grievances submitted to the Agency Head during the previous year.

006-8 Wyo. Code R. § 8-2

Adopted, Eff. 6/30/2015.