GRIEVANCE PROCEDURE FOR COLLECTIVE BARGAINING EXEMPT EMPLOYEES

Grievance Form

The Department of Natural Resources Grievance Form (DNR1239) has been designed for use by all exempt employees. The form is available for any exempt employee upon request for the purpose of filing grievances in accordance with the procedure contained herein.

Upon receipt from the employee, the grievance form is to be stamped with the date received. The meeting officer at all steps shall complete in detail the items on the form necessary for his/her respective step. The reply to the employee will be entered in the appropriate section on the form. If more space is needed, a letter to the employee may be attached to the grievance.

General Guidelines and Definitions

1. The term "grievance" as used in this procedure shall refer to an alleged failure of the department to comply with work rules, policies, procedures, and state or federal laws.
2. Exempt employees serving a probationary period shall have access to this grievance procedure, except those who are in an initial probationary period shall not be able to grieve disciplinary actions including oral, written, and suspension of three (3) days or less imposed pursuant to Chapter 124.34 of the Ohio Revised Code.
3. The word "day" as used in this procedure means calendar day, and days shall be counted by excluding the first and including the last day. When the last day falls on a Saturday, Sunday, or holiday, the last day shall be the next day which is not a Saturday, Sunday, or holiday.
4. The mailing of the grievance appeal form shall constitute a timely appeal if it is postmarked or time-stamped within the appeal period. Likewise, the mailing of the answer shall constitute a timely response if it is postmarked or time-stamped within the answer period. The department will make a good faith effort to ensure confidentiality.
5. The employee may elect to have one other employee (must be an exempt employee) employed at the same facility or location attend the grievance meeting. However, the selected employee may not hold a classification equal to or greater than the supervisor conducting the meeting. This selected employee’s attendance must be authorized by his/her supervisor in advance of the meeting.
6. There shall be no tape recording of the grievance meetings.
7. Time Limits - Grievances may be withdrawn at any step of the grievance procedure. Grievances not appealed within the designated time limits will be treated as withdrawn grievances. The time limits at any step may be extended by mutual agreement of the parties involved at that particular step. The department’s failure to respond within the time limits shall automatically advance the grievance to the next step.
8. Advance Grievance Step Filing - Certain issues which by their nature cannot be settled at a preliminary step of the grievance procedure or which would become moot due to the organizational structure may, by mutual agreement, be filed at the appropriate advance step where the action giving rise to the grievance was initiated.
9. Witnesses - For reasons of efficiency and economy, the department strongly encourages that both parties submit written witness testimony in lieu of personal appearances to the maximum extent practicable.
10. The employee shall first attempt to resolve the grievance informally with his/her immediate supervisor at the time the incident giving rise to the grievance occurred. If the employee is not satisfied with the response in this informal step, the following formal steps may be pursued.
11. After each meeting for grievances at Step One and Step Two, the original copy of the grievance form, with the meeting officer’s response entered on the form, shall be returned to the employee. A copy of the form shall be sent to the Labor Relations Section.
12. Oral/Written reprimands are grievable through Step Two. Suspensions of three (3) days or less are grievable through Step Three. Disciplinary actions of reductions, fines, removals, and suspension of four (4) days or more are appealable directly to the State Personnel Board of Review.
13. It is the goal of the department to resolve grievances at the earliest possible time and at the lowest level of the grievance procedure.
14. All settlement agreements that require payment or other compensation shall be initiated for payment within two (2) pay periods following the date the settlement agreement is fully executed.

Grievance Procedure

Step One - Immediate Supervisor

1. All grievances must be presented in writing no later than ten (10) calendar days from the date the event occurred or the grievant became or reasonably should have become aware of the event. If being on approved paid leave prevents a grievant from having knowledge of an occurrence, then the time limitations shall be extended by the number of days the grievant was on such leave except that in no case will the extension exceed thirty (30) days after the event.
2. Within ten (10) days of receipt of the written grievance, the immediate supervisor shall schedule and hold a meeting with the grievant.
3. The immediate supervisor shall respond to the grievant in writing within ten (10) days following the meeting.

Step Two - Division/Office Chief or Designee

1. If the grievant is not satisfied with the written response provided in Step One, he/she may within ten (10) days of receipt of the response submit the grievance to the division/office Chief or designee. Grievances beyond ten (10) days will not be honored.
2. A meeting with the grievant shall be scheduled and held within ten (10) days of receipt of the grievance by the division/office Chief or designee.
3. The division/office Chief or designee shall respond to the grievant within ten (10) days following the meeting.

Step Three - Director or Designee

1. If the grievant is not satisfied with the response in Step Two, he/she may within ten (10) days of receipt of the response submit the grievance to the Director or designee.
2. The Director or designee may schedule a meeting with the grievant within ten (10) days after receipt of the grievance, unless it is determined that a written answer may suffice.
3. The Director or designee shall respond within ten (10) days following the meeting or within (10) days after receipt of the grievance if no meeting is held. This decision shall be final.

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