Effective 5/4/2022
67-19a-401. Time limits for submission and advancement of grievance by aggrieved employee — Voluntary termination of employment — Group grievances.
67-19a-401. Time limits for submission and advancement of grievance by aggrieved employee — Voluntary termination of employment — Group grievances.
- (1) An aggrieved career service employee and the person to whom the grievance is directed may agree in writing to waive or extend grievance steps specified under Subsection 67-19a-402(1), (2), or (3) or the time limits specified for those grievance steps, as outlined in Section 67-19a-402.
- (2) Any writing made under Subsection (1) shall be submitted to the administrator.
- (3) Except as provided under Subsections (5) and (6), if the employee fails to advance the grievance to the next procedural step within the time limits established in this part:
- (a) the employee waives the right to advance the grievance or to obtain judicial review of the grievance; and
- (b) the grievance is considered to be settled based on the decision made at the last procedural step.
- (4) An employee may file a grievance for review under this chapter, except as provided in Subsections (5) and (6), if the employee submits the grievance within 10 working days after:
- (a) the most recent event giving rise to the grievance; or
- (b) the employee has knowledge of the most recent event giving rise to the grievance.
- (5)
- (a) An employee may file with the office a motion for an enlargement of a time limit described in Subsection (4).
- (b) In determining whether to grant a motion described in Subsection (5)(a), the office shall consider, giving reasonable deference to the employee, whether:
- (i) the employee filed the motion before the time limit the employee seeks to enlarge; or
- (ii) the enlargement is necessary to remedy the employee’s excusable neglect.
- (6) The provisions of Subsections (3) and (4) do not apply if the employee meets the requirements for excusable neglect as that term is defined in Section 67-19a-101.
- (7)
- (a) If several employees allege the same grievance, the employees may submit a group grievance by following the procedures and requirements of this chapter.
- (b) In submitting a group grievance, each aggrieved employee shall sign the grievance.
- (c) The administrator may not treat a group grievance as a class action, but may select one aggrieved employee’s grievance and address that grievance as a test case.
Amended by Chapter 209, 2022 General Session