A grievance is a complaint filed by an employee with the employee's agency regarding working conditions when the employee's pay, status or tenure has not been affected, including discrimination complaints. A grievance must be filed on an agency form or the Board's grievance form. A department may provide its own grievance process for the handling of grievances within its agency; however, that process should not conflict with the Board Rules. Please contact your department's human resources offices to determine whether your department has a departmental grievance procedure.
The Board's grievance procedure ae outlined in Board Rules 8-5, 8-6, and 8-7, which provide the circumstances and parameters under which a grievance may be filed at the agency level and appealed to the Board. Board Rule 8-5 specifies those matters that may not be grieved or appealed. Board Rule 8-6 provides an employee with the right to ask the Board to review an agency's final decision and determine whether the employee may be granted a hearing (referred to overall as the discretionary hearing process). Board Rule 8-7 explains the status of a grievance after an employee's separation from service or restoration to a position following involuntary separation.
Agency Grievance Process
The grievance process is a process that, at the agency level, usually unfolds in less than 60 days from start to finish. Board Rule 8-8 outlines the steps for filing a grievance with an agency and then appealing the agency's final decision to the Board. An employee must initiate the process within 10 days of the action being grieved by filing or lodging the grievance with his/her supervisor. Shortly thereafter, an informal discussion or meeting between the employee and the supervisor must occur. A decision in writing must be given to the employee by the supervisor within 7 days of the informal discussion or meeting.
If the employee wishes to appeal that decision, then the employee must begin the formal written grievance process within 5 days of his/her receipt of the decision by filing a written grievance with the appointing authority (click on the link to obtain a copy of the form for filing a grievance). The appointing authority has 30 days from the filing of the written grievance process to render a final agency decision on the grievance. The employee then has 10 days from the receipt of that final agency decision to file a petition for hearing with the Board, under the discretionary hearing process, requesting a hearing on the final agency decision (click on the link to obtain a copy of the form for filing a petition with the Board). It is important to keep in mind that only those issues set forth in the written grievance filed with the appointing authority need to be considered in the final agency decision and by the Board in the discretionary hearing process.
At any step of the agency grievance process, an employee may be represented by any person of his/her choice (a non-lawyer or a lawyer). However, the employee still must participate in the discussions during the agency grievance process. See flow chart.
PLEASE NOTE THAT AS OF NOVEMBER 12, 2013, THE STATE PERSONNEL BOARD WILL BE LOCATED AT 1525 Sherman Street, 4th Floor, Denver, Colorado 80203.