Utah Code 67-19a-302. Levels of procedure
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(1) The administration of all grievances under Subsection 67-19a-202(1) occurs on the following four levels:
Terms Used In Utah Code 67-19a-302
- Career service employee: means a person employed in career service as defined in Section 63A-17-102. See Utah Code 67-19a-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Human Resource Management. See Utah Code 67-19a-101
- Grievance: means :(7)(a) a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;(7)(b) any dispute between a career service employee and the employer;(7)(c) a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and(7)(d) a complaint that the employer subjected the employee to conditions that a reasonable person would consider intolerable, including abusive conduct. See Utah Code 67-19a-101
- Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-19a-101
- Reporting employee: means an employee of a public entity who alleges that the public entity engaged in retaliatory action against the employee. See Utah Code 67-19a-101
- Retaliatory action: means to do any of the following to an employee in violation of Section 67-21-3:
(11)(a) dismiss the employee;(11)(b) reduce the employee's compensation;(11)(c) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;(11)(d) fail to promote the employee if the employee would have otherwise been promoted; or(11)(e) threaten to take an action described in Subsections (11)(a) through (d). See Utah Code 67-19a-101- Supervisor: means the person:
(12)(a) to whom an employee reports; or(12)(b) who assigns and oversees an employee's work. See Utah Code 67-19a-101(1)(a) Level 1 – the supervisor;(1)(b) Level 2 – the division director or the director’s designee;(1)(c) Level 3 – the agency director or the director’s designee; and(1)(d) Level 4 – the office.(2)(2)(a) Except as provided in Subsection (2)(b), Section 67-19a-402.5, and Section 67-19a-501, and subject to applicable time limits as provided in this chapter, an employee:(2)(a)(i) shall file a grievance at the lowest level described in Subsection (1) that has not already issued a decision, taken action, or declined to address the subject of the grievance; and(2)(a)(ii) may proceed for further review of a grievance in accordance with Section 67-19a-402.(2)(b) If a supervisor or division director is a subject of a grievance or complaint, the employee may proceed directly to Level 2 or Level 3, respectively.(2)(c) An employee may not file a grievance that asks the same manager or a lower-level manager to reconsider a previously made decision.(3) A career service employee may advance all grievances to Level 3.(4) In accordance with Section 67-19a-402.5 and subject to Section 67-21-4, a reporting employee may file a grievance alleging retaliatory action directly at Level 4.