Human Resource Management, Administration

Section R477-3-5

Position Classification Grievances

Notice of Proposed Rule

(Amendment)

DAR File No.: 33633
Filed: 05/11/2010 05:21:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment replaces lengthy procedural details with simple statements about service of classification grievance communication.

Summary of the rule or change:

Subsection R477-3-5(2) is simplified to state that service of classification grievance communication will be delivered via certified mail and email.

State statutory or constitutional authorization for this rule:

• Section 67-19-12
• Section 67-19-6

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments.

small businesses:

This rule only affects the executive branch of state government and will have no impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This amendment is administrative and does not impact cost.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.

Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2010

This rule may become effective on:

07/08/2010

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-3. Classification.

R477-3-5. Position Classification Grievances.

(1) An agency or a career service employee may grieve formal classification decisions regarding the classification of a position.

(a) This rule refers to grievances concerning the assignment of individual positions to appropriate jobs based on duties and responsibilities. The assignment of salary ranges is not included in this rule.

(b) An employee may only grieve a formal classification decision regarding the employee's own position.

(2) Formal service for classification grievance communication to employees shall be made by:

(a) certified mail to the employee's address of record, and

(b) email to the employee's state email account.

[ (2) DHRM shall follow the first level classification hearing service of process as follows:

(a) An employee filing a classification grievance shall submit a completed Position Classification Grievance form along with required information to the Executive Director, DHRM.

(i) If the classification form is incomplete, the employee is notified of the discrepancy via both certified and electronic mail within seven calendar days from DHRM's receipt of the grievance.

(A) The employee shall be given 14 calendar days, from the date the employee receives the electronic mail notice, to submit requested additional information.

(ii) If the classification form is complete, the employee is notified via both certified and electronic mail within seven calendar days that the grievance has been received.

(b) The DHRM employee who made the initial classification decision is notified of receipt of the grievance within seven calendar days and is provided a copy of the grievance .

(i) The DHRM employee is given 14 calendar days to review the initial decision and return the completed paperwork to the grievance panel chairperson.

(c) The chairperson has 14 calendar days from receipt of the completed paperwork to:

(i) contact assigned grievance panel members;

(ii) provide copies of all grievance materials to the panel members; and

(iii) to electronically notify the employee of possible hearing dates.

(d) The employee shall be given seven calendar days from the date the employee receives the electronic mail notice to respond with a selected hearing date.

(e) An employee may withdraw the grievance at any time.

(f) The grievance panel has 30 days from the date the employee's response is received to prepare findings and recommendations and present them to the Executive Director, DHRM. The Executive Director, DHRM, shall make the classification decision and notify the grievant.

]

KEY: administrative procedures, grievances, job descriptions, position classifications

Date of Enactment or Last Substantive Amendment: 2010

Notice of Continuation: June 9, 2007

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-12