18-10 C:  Grievance

·      The 2006 amendments to the Career Service Rules make it clear that an applicant may no longer grieve a determination by the personnel director or designee that she is not qualified for a certain promotion.  In re Connors, CSA 35-06, 3 (8/9/06).

18-40:    Grievance procedure

·      Hearing officer is without jurisdiction of an appeal of a “below expectations” PEPR rating if appellant did not first file a grievance of that evaluation.  In re Pfeffer, CSA 134-05 (1/23/06) (decided under former §18-12).

·      Appeal filed three years after agency action is untimely when appellant received paycheck in Nov. 2001 giving him notice of agency’s failure to give him 6.9% pay increase for serving in acting capacity in higher job classification.  In re Gibbons, CSA 49-05 (8/17/05) (decided under former § 18-12).  

·      Appellant’s notice of adverse agency action was proven by his request for pay increase three times after receiving paycheck without 6.9% raise for higher job classification.  In re Gibbons, CSA 49-05 (8/17/05) (decided under former § 18-12).

·      Appellant’s failure to timely file his grievance of his “meets expectations” PEPR he claimed was retaliatory deprives the hearing officer of jurisdiction to hear the retaliation claim.  In re Schultz, CSA 78-05, 2 (8/15/05) (decided under former §§ 18-12, 19-10).

·      Where appellant claims that a PEPR rating was retaliatory, a grievance filed based on that claim is not appealable unless appellant complies with the grievance procedure under Rule 18.  In re Schultz, 78-05 (Order 8/15/05).  

·      When appellant filed his second-step grievance late, hearing officer was without jurisdiction to hear appeal.  In re Schultz, CSA 78-05 (8/15/05) (decided under former § 18-12).

·     Grievance filed over five months after action giving rise to grievance is untimely, and therefore hearing officer has no jurisdiction over appeal of grievance.  In re Mullen, CSA 72-05 (8/9/05) (decided under former § 18-12).

·      While any performance rating may be challenged by means of a grievance, only those matters that negatively affect pay, benefits, or status may be appealed if a grievance is denied.  In re Stenke, CSA 14-06, 1 (3/15/06).