67-19a-303 - Employees' rights in grievance procedure.
67-19a-303. Employees' rights in grievance procedure.
(1) For the purpose of submitting and advancing a grievance, a career service employeemay:
(a) obtain assistance by a representative of the employee's choice to act as an advocate atany level of the grievance procedure;
(b) request a reasonable amount of time during work hours to confer with therepresentative and prepare the grievance; and
(c) call other employees as witnesses at a grievance hearing.
(2) The state shall allow employees to attend and testify at the grievance hearing aswitnesses if the employee has given reasonable advance notice to the employee's immediatesupervisor.
(3) No person may take any reprisals against any career service employee for use ofgrievance procedures specified in this chapter.
(4) (a) The employing agency of an employee who files a grievance may not placegrievance forms, grievance materials, correspondence about the grievance, agency anddepartment replies to the grievance, or other documents relating to the grievance in theemployee's personnel file.
(b) The employing agency of an employee who files a grievance may place records ofdisciplinary action in the employee's personnel file.
(c) If any disciplinary action against an employee is rescinded through the grievanceprocedures established in this chapter, the agency and the Department of Human ResourceManagement shall remove the record of the disciplinary action from the employee's agencypersonnel file and central personnel file.
(d) An agency may maintain a separate grievance file relating to an employee'sgrievance, but shall discard the file after three years.
Amended by Chapter 249, 2010 General Session