(1) Under this chapter, an employee may grieve issues which affect his or her conditions of employment, including any matter on which the employee alleges that coercion or retaliation has been practiced against the employee except as provided in sub. (2).(2) An employee may not use this chapter to grieve: (a) A personnel action or decision of the director or the administrator that is directly appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;(b) An action delegated by the director or by the administrator to an appointing authority that is directly appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;(c) A demotion, suspension without pay, discharge, removal, layoff, or reduction in base pay that is grievable under s. 230.445, Stats.;(d) A personnel action after certification which is related to the hiring process that is appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;(e) Denial of hazardous employment benefits under s. 230.36(4), Stats.;(f) The reassignment of a career executive employee under s. ER-MRS 30.07(1);(g) The failure of a supervisor to process a reclassification request.(hg) A written instruction related to job performance or work conduct;(hr) The evaluation methodology used by an employer to determine a discretionary pay award or the amount of the award;(i) The content of written agency rules and policies;(j) A condition of employment which is a right of the employer as defined in s. ER 46.04; or(k) Any matter related to wages, hours of work, and fringe benefits.Wis. Admin. Code Department of Administration-Division of Personnel Management ER 46.03
Cr. Register, February, 1984, No. 338, eff. 3-1-84; reprinted to correct an error in (2) (b), Register, September, 1984, No. 345; am. (1), (2) (i) and (j), cr. (2) (k), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (f) made under s. 13.93(2m) (b) 7, Stats., Register, October, 1994, No. 466.Amended by, correction in (2) (a), (b) under s. 13.92(4) (b) 6, Stats., Register September 2015 No. 717, eff.10/1/2015.Amended by, CR 18-006: am. (2) (b) to (d), cr. (2) (hg), (hr), Register July 2018 No. 751, eff. 8/1/2018An employee may appeal actions or decisions listed in sub. (2) (a) through (e) directly to the Wisconsin employment relations commission under s. 230.44, Stats.