Section 4-07-20-02 - Requirements for grievance proceduresEach agency, department, institution, board, and commission subject to this chapter shall establish internal grievance procedures that include the following:
1. A provision that allows an employee to grieve an employer action of demotion, dismissal, suspension without pay, forced relocation, reduction-in-force, reprisal, or discrimination in employment. The provision must require the employee to begin the agency grievance procedure within fifteen working days from the date of notice of the employer action, except in the case of reprisal. The date of service of the notice shall be considered to be the date the notice was mailed or the date transmitted by electronic means, or absent proof of the date of mailing or delivery through electronic means, the date of actual delivery. The agency shall prepare a certificate of service, or provide reliable means, to show proof of the date of mailing, transmittal by electronic means, or hand delivery. The provision must also require that in the case of reprisal the employee shall begin the agency grievance procedure within fifteen working days from the date of the reprisal action. 2. Specific steps to be followed in processing the grievance, limitations on the amount of time the parties have to respond, and any procedures for extending time limitations. 3. A requirement that the parties must respond to the issues raised in the grievance. 4. A method of counting time that is in working days. 5. Provisions that allow an employee a reasonable amount of time to process a grievance without loss of pay during regular working hours. 6. An option that if the appointing authority misses an established deadline in the grievance procedure, the grievance may be advanced to the next step. 7. The use of a standard grievance form. N.D. Admin Code 4-07-20-02
Effective May 1, 1994; amended effective November 1, 1996; July 1, 2004; July 1, 2010.General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1), 54-44.3-12.2