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| Grievances and Appeals FAQs | ||||
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References  Eligibility Q: Which state employees have grievance and appeal rights? A: Generally, state employees in FTE positions who have successfully completed a probationary period attain grievance rights and are considered to be covered by the provisions of the State Employee Grievance Procedure Act. The Act, however, does exempt certain employees from its provisions as noted in the § 8-17-370 of S.C. Code of Laws (1976). § 73.1 of the 2008-2009 Appropriation Act also exempts certain employees of the Lieutenant Governor's Office from coverage under the Act. Q: Are faculty and academic personnel at post-secondary educational institutions covered by the State Employee Grievance Procedure Act? A: Faculty and academic personnel at four-year post-secondary educational institutions, including their branch campuses, are exempt from the provisions of the State Employee Grievance Procedure Act according to § 8-17-370 of the S.C. Code of Laws (1976). However, § 8-17-380 requires State higher education institutions to have a separate grievance procedure for faculty and academic personnel. Q: Are employees in unclassified positions covered by the State Employee Grievance Procedure Act? A: Some unclassified positions are covered by the State Employee Grievance Procedure Act. Only those employees in unclassified positions listed in § 8-17-370 of the S.C. Code of Laws (1976) or § 57.1 of the 2007-2008 Appropriation Act are exempt from the provisions of the Act. Q: Do deputy directors of state agencies have grievance and appeal rights? A: Some deputy directors in state government are covered under the State Employee Grievance Procedure Act. However, deputy directors who: (1) have been appointed under the provisions of § 1-30-10(E) of the SC Code of Laws governing restructured agencies; (2) oversee a division of a restructured agency; and (3) report directly to the agency head are exempt from the State Employee Grievance Procedure Act in § 8-17-370 of the SC Code of Laws and, therefore, do not have grievance and appeal rights. In addition, deputy directors in the Lieutenant Governor's Office as listed in § 73.1 of the 2008-2009 Appropriation Act would also be exempt from the Grievance Procedure Act and would not have grievance and appeal rights. Q: When an employee transfers or is reassigned from a position not covered by the State Employee Grievance Procedure Act to a position covered by the Act, would the employee have grievance rights? A: When an employee moves from an uncovered position to a covered position, the employee must successfully complete a probationary period before attaining grievance rights. Grievances and Appeals Q: What is the difference between a grievance and an appeal? A: A grievance is a complaint filed by a covered employee within the agency regarding an adverse employment action and pursuant to the agency's grievance policy. An appeal is the request for review of an agency's grievance decision filed by a covered employee with the State Human Resources Director. An employee must exhaust administrative remedies at the agency level before appealing to the State Human Resources Director. Q: What actions are considered grievable and appealable according to the State Employee Grievance Procedure Act? A: According to the Act, the following actions are grievable and appealable: Q: May an employee have an attorney during the grievance and appeal process? A: Each covered employee may choose to retain legal counsel during the grievance and appeal process. If an attorney is retained, it must be at the employee's own expense. Agency Grievance Procedure Q: What is the first step in the grievance procedure? A: A covered employee must first file a grievance in writing with the agency in accordance with the agency's grievance policy. Q: How many days does an employee have to file a grievance? A: The covered employee must file a grievance in writing with the agency within 14 calendar days of the effective date of the adverse action or when the employee receives notification of the action, whichever is later. Q: How long does an agency have to process an employee's grievance? A: An agency should process an employee's grievance within 45 calendar days after the employee files the grievance. However, if the agency fails to make a final decision within 45 calendar days, it is considered an adverse decision and the covered employee may appeal to the State Human Resources Director. Q: Should an agency continue with the internal grievance process if the 45 days has expired and an employee has filed an appeal with the State Human Resources Director? A: The agency should complete its internal processing of the grievance and render a final decision even though the employee has appealed to the State Human Resources Director. State Appeal Procedure Q: What are the time frames associated with appeals to the State Human Resources Director? A: According to the State Employee Grievance Procedure Act, an employee may file an appeal in writing either within 10 calendar days of receipt of the agency's final decision or within 55 calendar days after filing the grievance within the agency, whichever is later. Q: How does a covered employee file an appeal with the State Human Resources Director? A: The covered employee must submit a written request to appeal to the State Human Resources Director. State Appeal Form Q: Once an appeal is filed with the State Human Resources Director, what is the next step in the appeal process? A: The Office of Human Resources will request the employee's records concerning the grievance and begin a review to determine if jurisdictional requirements have been met according to the State Employee Grievance Procedure Act. Once a determination has been made, both parties will be notified in writing. If it is determined that the appeal meets jurisdictional requirements, the parties will proceed to the mediation phase. Grievance Committee Track or Mediation-Arbitration Track and Flowchart for Appeals to the State Human Resources Director Q: What is mediation? A: Mediation is a process whereby a neutral third party seeks to facilitate an agreement between two parties who have a disagreement. Q: Is mediation a required step in the State appeal process? A: Mediation is mandatory according to the State Employee Grievance Procedure Act and seeks to reach a mutually acceptable agreement between the parties before a final decision is required by a grievance committee or an arbitrator. Q: Who may attend a mediation conference? A: Mediation conferences are confidential and limited to no more than three representatives, including legal counsel and the covered employee, for each party. Mediation is not an evidentiary hearing and does not involve fact-finding by the mediator, therefore, witnesses are not included in the process. Q: Who is the decision-maker regarding an appeal filed with the State Human Resources Director if the appeal is not resolved through mediation? A: If not resolved during mediation, the appeal will be heard by either the State Employee Grievance Committee or an arbitrator based on the specific offense involved. Q: Which appeals are heard by the State Employee Grievance Committee? A: According to the State Employee Grievance Procedure Act the only issues heard by the Committee involve: Q: Which appeals are heard by an arbitrator? A: According to the State Employee Grievance Procedure Act the following appeals are forwarded to an arbitrator for a decision: Q: Is an employee required to take leave when attending a conference or hearing associated with a grievance or an appeal? A: When an employee attends a conference or hearing associated with a grievance or an appeal in an official capacity, he is not required to take leave since attendance is considered to be a part of the employee's job assignment. Committee Decisions Q: What relief can the Committee grant the employee? A: The Committee can sustain, reject, or modify an agency's decision. Q: How long does it take to receive a decision from the State Employee Grievance Committee? A: The Committee must issue its final decision in writing within 20 calendar days of the conclusion of the hearing. Q: If the Grievance Committee reinstates an employee, does the employee return to his former position? A: If the Grievance Committee reinstates an employee, the employee returns to his former position provided that the position has not already been filled. If the employee's former position has been filled the employee would be reinstated to a comparable position within the agency. Q: If an employee receives an adverse decision from the Grievance Committee, what recourse is available? A: Within 30 days from receipt of the decision, an employee may ask the State Employee Grievance Committee to reconsider their decision. An employee may also choose to appeal directly to the Administrative Law Court (ALC). If the employee requests reconsideration and the Committee upholds its decision, the employee may, within 30 days from receipt of the reconsideration decision, appeal directly to the ALC. Q: If an agency receives an adverse decision from the Grievance Committee, what recourse is available? A: Within 30 days from receipt of the decision, an agency may ask the State Employee Grievance Committee to reconsider their decision. An agency may also choose to appeal directly to the ALC. If the agency requests reconsideration and the Committee upholds its decision, the agency may, within 30 days from receipt of the reconsideration decision, appeal directly to the ALC. The agency, however, must seek the Budget and Control Board's approval in order to appeal to the ALC. Arbitration Decisions Q: What relief can an arbitrator grant the employee? A: An arbitrator may decide to uphold or overturn the agency's employment action. To overturn an agency disciplinary action, the appellant must demonstrate that the agency's decision to administer the disciplinary action was unreasonable. Q: How long does it take to receive a decision from the Arbitrator? A: The Arbitrator must issue a final decision within 45 calendar days after the initial mediation conference. Under extenuating circumstances, the State Human Resources Director may extend this 45-day timeframe. Q: If an employee receives an adverse decision from the Arbitrator, what recourse is available? A: Within 30 days from receipt of the decision, an employee may ask the Arbitrator to reconsider his decision. An employee may also choose to appeal directly to the ALC. If the employee requests reconsideration and the arbitrator upholds his decision, the employee may, within 30 days from receipt of the reconsideration decision, appeal directly to the ALC. Q: If an agency receives an adverse decision from the Arbitrator, what recourse is available? A: Within 30 days from receipt of the decision, an agency may ask the Arbitrator to reconsider his decision. An agency may also choose to appeal directly to the ALC. If the agency requests reconsideration and the arbitrator upholds his decision, the agency may, within 30 days from receipt of the reconsideration decision, appeal directly to the ALC. The agency, however, must seek the Budget and Control Board's approval in order to appeal to the ALC.
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| THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. |