A grievance is a complaint filed by an employee with the employee's agency regarding working conditions that are, otherwise, not subject to appeal or review by the Board or Director. A department may establish 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 office to determine whether your department has a grievance procedure. A grievance must be filed on an agency form but if an agency form is not available a grievance form provided by the Board may be used.
The Board does not review grievances only appeals of the final grievance decision made by the agency if it appears that the decision of the appointing authority violates an employee's rights under federal or state law. C.R.S. § 24-50--123(3)
The Board's grievance procedures are 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. Board Rule 8-5 specifies 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 as the discretionary review process). Board Rule 8-7 explains the status of a grievance after an employee is separated from service or if the employee is restored 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.
Appeal of a Grievance Decision
If the employee wishes to proceed to the next step of the grievance process after the supervisor's decision, the employee must begin the formal grievance process within 5 days of his/her receipt of the decision by filing a written grievance with the appointing authority. The appointing authority has 30 days from the filing of the written grievance 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, using the Consolidated Appeal & Dispute Form to request a hearing on the final agency decision. It is important to keep in mind that only those issues set forth in the written grievance filed with the appointing authority will be considered in the final agency decision or by the Board in the discretionary review process.
At any step of the agency grievance process, an employee may be represented by a person of his/her choice (a non-lawyer or a lawyer), but, the employee is still required to participate in the discussions during the agency grievance process. See flow chart.
THE STATE PERSONNEL BOARD IS LOCATED AT 1525 Sherman Street, 4th Floor, Denver, Colorado 80203.