(a) Within ten (10) days of the event giving rise to the grievance or of the employee having knowledge of the event, the employee may present the grievance in writing to the management employee at the lowest level giving rise to the dispute and the agency head. The grievance shall include a brief statement of fact on which the grievance is based and relief sought.
(b) Within ten (10) days of receiving the written grievance, the agency head or his/her designee and the appropriate management employee at the lowest level giving rise to the dispute shall hold a conference with the employee to resolve the dispute and render a decision, in writing, to the employee within five (5) days after the conference. A decision by the agency head or the designee shall be the final step in the grievance procedure unless the grievance involves a dispute in accordance with Section 4(d) of this chapter.
(c) In the event the management employee giving rise to the dispute is the agency head and the decision of the agency head is unsatisfactory to the employee and involves allegations concerning violations of a statute, rule, executive order, or policy, the employee shall submit the grievance in writing to the Human Resources Administrator within ten (10) days of receiving the written decision by the agency head. - (i) The Human Resources Administrator shall within five (5) days of receiving the written grievance, forward the issue to the Governor or his designee for investigation in accordance with Executive Order 1997-4.
(d) If the decision of the agency head or the designee is unsatisfactory to the employee and if the grievance involves a disciplinary suspension, an involuntary reassignment due to unsatisfactory work performance, or an involuntary reassignment to a lower grade, the employee may, within ten (10) days of the date of the decision, request the Human Resources Administrator to establish a Grievance Committee to hear the matter. Other matters may be considered by a Grievance Committee at the discretion of the State Human Resources Administrator. All requests shall be submitted, in writing, and shall include the nomination of an individual to serve as a Grievance Committee member. A copy of the request to establish a Grievance Committee shall be provided to the employee's agency head by the employee.
(e) Within five (5) days of the date of a request for the establishment of a Grievance Committee, the Human Resources Administrator or his/her designee shall notify the head of the agency with which the employee has the dispute; and request the nomination of a Grievance Committee member. The agency head shall notify the State Human Resources Administrator or his/her designee of the nomination within five (5) days.
(f) Within five (5) days of receipt of the agency head nomination, the State Human Resources Administrator shall notify the two (2) nominees that they are to serve as Grievance Committee members, and that they shall within five (5) days of receipt of such notice form the Grievance Committee by selecting a third member from a list of agency human resource officers (or other designated individuals) who have agreed to serve as Grievance Committee members. This list is maintained at the Department of Administration and Information, Human Resources Division, Emerson Building, 2001 Capitol Avenue, Cheyenne, WY 82002 and is available for public inspection and copying at cost at the same location. A chairperson and secretary shall be selected from among Grievance Committee members.
(g) Grievance Committee Purpose and Authority. - (i) The purpose of the Grievance Committee is to resolve a dispute, which falls within Section 4(d) of this chapter;
- (ii) The Grievance Committee has the authority to affirm, modify, or reverse any action(s) so long as the decisions and recommendations are not in conflict with Personnel Rules, State Statutes, or agency rules and regulations. Decisions of the Grievance Committee are final unless the grievance is appealable in accordance with Section 5 of this chapter.
(h) Grievance Committee Hearings. - (i) Within twenty-five (25) days of the formation of a Grievance Committee, the Grievance Committee shall schedule and hold a hearing or render a decision without a hearing, based solely on the written record;
- (A) The hearing shall be confined to those issues provided by the parties in Chapter 8 Section 4(d) and shall not develop into a general inquiry into the policies and operations of an agency. The written record shall constitute and is limited to the documentation provided by the parties in Chapter 8 Section 4(a)(b) and (d);
- (B) If the issues raised by either or both parties are such that further proceedings are unnecessary, the Grievance Committee shall submit a written decision to the State Human Resources Administrator who shall forward copies to both parties;
- (C) If the issues raised by either or both parties are such that further proceedings are necessary, the Grievance Committee shall initiate a hearing. The hearing shall be concluded within five (5) days of initiation, provided, that the hearing may be extended with the agreement of both parties and a majority of the Grievance Committee. The Grievance Committee shall select a location for the hearing, which is most convenient for the parties and their interests.
- (ii) General Provisions for a Grievance Hearing:
- (A) The chairperson shall take whatever action is necessary to ensure a fair, orderly, and expeditious hearing;
- (B) No record shall be made of the hearing;
- (C) The hearing shall not be bound by formal rules of evidence;
- (I) Decisions to accept or reject evidence, upon objection by another Grievance Committee member, shall require a majority vote of the Grievance Committee;
- (II) Only evidence relevant to the grievance shall be allowed and evidence which is repetitive, will be excluded;
- (III) The Grievance Committee may issue requests to produce evidence;
- (D) Opening statements may be made, first by the employee or the employee's representative followed by the Agency;
- (E) The employee shall present their case first, followed by the Agency;
- (F) Witnesses who will give pertinent information to the grievance may be called;
- (I) Witnesses shall remain available and not discuss the case with anyone, other than the party for whom they are appearing until after they are excused by the Grievance Committee and the consent of both parties;
- (II) Witnesses, except for the parties, shall not remain in the hearing room except when called;
- (III) Each party will be given the opportunity at the appropriate times, to ask questions of the witnesses;
- (G) Any member of the Grievance Committee may direct questions to any party or witness at any time during the proceedings;
- (H) Prior to the conclusion of the hearing, each party may present a brief summary or closing statement, first the employee or the employee's representative followed by the Agency;
- (I) If a party does not appear at the hearing, the Grievance Committee may base its decision on a consideration of the documents provided and on the presentation of the case by the party present.
- (iii) The Grievance Committee may allow a party at its request to examine items, which the other party intends to submit as evidence in the hearing. Such examination shall be completed at least three (3) days prior to the hearing unless the parties stipulate to a different time;
- (iv) Within ten (10) days following conclusion of a hearing, the Grievance Committee shall prepare a written summary statement of the evidence and its findings, decision and recommendations;
- (A) Any Grievance Committee members voting in the minority may prepare a minority statement, which shall be a part of the material submitted;
- (B) The chairperson shall ensure that all evidence, findings, decisions and minority statements and recommendations are forwarded to the Human Resources Administrator, agency head, employee, and the employee's representative, if any.