8A.415 - GRIEVANCES AND DISCIPLINE RESOLUTION.
8A.415 GRIEVANCES AND DISCIPLINE RESOLUTION.
1. Grievances.
a. An employee, except an employee covered by a collective
bargaining agreement which provides otherwise, who has exhausted the
available agency steps in the uniform grievance procedure provided
for in the department rules may, within seven calendar days following
the date a decision was received or should have been received at the
second step of the grievance procedure, file the grievance at the
third step with the director. The director shall respond within
thirty calendar days following receipt of the third step grievance.
b. If not satisfied, the employee may, within thirty calendar
days following the director's response, file an appeal with the
public employment relations board. The hearing shall be conducted in
accordance with the rules of the public employment relations board
and the Iowa administrative procedure Act, chapter 17A. Decisions
rendered shall be based upon a standard of substantial compliance
with this subchapter and the rules of the department. Decisions by
the public employment relations board constitute final agency action.
c. For purposes of this subsection, "uniform grievance
procedure" does not include procedures for discipline and
discharge.
2. Discipline resolution.
a. A merit system employee, except an employee covered by a
collective bargaining agreement, who is discharged, suspended,
demoted, or otherwise receives a reduction in pay, except during the
employee's probationary period, may bypass steps one and two of the
grievance procedure and appeal the disciplinary action to the
director within seven calendar days following the effective date of
the action. The director shall respond within thirty calendar days
following receipt of the appeal.
b. If not satisfied, the employee may, within thirty calendar
days following the director's response, file an appeal with the
public employment relations board. The employee has the right to a
hearing closed to the public, unless a public hearing is requested by
the employee. The hearing shall otherwise be conducted in accordance
with the rules of the public employment relations board and the Iowa
administrative procedure Act, chapter 17A. If the public employment
relations board finds that the action taken by the appointing
authority was for political, religious, racial, national origin, sex,
age, or other reasons not constituting just cause, the employee may
be reinstated without loss of pay or benefits for the elapsed period,
or the public employment relations board may provide other
appropriate remedies. Decisions by the public employment relations
board constitute final agency action. Section History: Recent Form
2003 Acts, ch 145, §63; 2007 Acts, ch 22, §3; 2008 Acts, ch 1032,
§201
Referred to in § 235A.15