Sec. 14.27.02.21. Employee Grievances

A. This regulation does not apply to the following:

(1) Assistant attorneys general and all other attorneys on the staff of the Attorney General assigned to the Service, including the counsel to the Service;

(2) Individuals who are subject to collective bargaining agreements which include other grievance procedures; and

(3) Senior management employees of the Service who report directly to the Director.

B. In this regulation, a grievance is a cause of complaint not otherwise provided for by law, regulation, or policy, arising between an employee and the Service over the interpretation and application of Service's regulations, rules, or policies.

C. Grievance Policy.

(1) The Board shall adopt a grievance policy.

(2) The grievance policy:

(a) Shall provide for a multi-step process for resolving an employee's grievance;

(b) Shall include the opportunity for the employee to submit a written appeal to the Office of Administrative Hearings in accordance with the policy; and

(c) Shall provide that grievance hearings and related activities be conducted during regular working hours, without loss of pay to the aggrieved employee.

D. An employee may present a grievance free from interference, coercion, restraint, discrimination, or reprisal.