Utah Code 67-19a-303. Employees’ rights in grievance procedure
Current as of: 2024 | Check for updates
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(1) For the purpose of submitting and advancing a grievance, a career service employee, or a reporting employee alleging retaliatory action, may:
Terms Used In Utah Code 67-19a-303
- Career service employee: means a person employed in career service as defined in Section 63A-17-102. See Utah Code 67-19a-101
- 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
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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) obtain assistance by a representative of the employee’s choice to act as an advocate at any level of the grievance procedure;(1)(b) request a reasonable amount of time during work hours to confer with the representative and prepare the grievance; and(1)(c) call other employees as witnesses at a grievance hearing.(2) The state shall allow employees to attend and testify at the grievance hearing as witnesses if the employee has given reasonable advance notice to the employee’s immediate supervisor.(3) No person may take any reprisals against a career service employee or a reporting employee for:(3)(a) use of or participation in a grievance procedure described in this chapter; or(3)(b) representing and providing assistance to a career service employee as an advocate in accordance with Subsection (1)(a).(4) If the individual acting as an advocate for a career service employee under Subsection (1)(a) is a state employee, the individual may not receive state compensation for the time the employee spends in the course of that representation unless the individual uses approved leave during that time.(5)(5)(a) The employing agency of an employee who files a grievance may not place grievance forms, grievance materials, correspondence about the grievance, agency and division replies to the grievance, or other documents relating to the grievance in the employee’s personnel file.(5)(b) The employing agency of an employee who files a grievance may place records of disciplinary action in the employee’s personnel file.(5)(c) If any disciplinary action against an employee is rescinded through the grievance procedures described in this chapter, the agency and the Division of Human Resource Management shall remove the record of the disciplinary action from the employee’s agency personnel file and central personnel file.(5)(d) An agency may maintain a separate grievance file relating to an employee’s grievance, but shall discard the file after three years. - Person: means :