Utah Code 67-19a-402. Procedural steps to be followed by aggrieved employee
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Terms Used In Utah Code 67-19a-402
- Administrator: means the person appointed under Section 67-19a-201 to head the Career Service Review Office. See Utah Code 67-19a-101
- 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
- Office: means the Career Service Review Office created under Section 67-19a-201. 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- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) Subject to the provisions and levels of procedure provided in Section 67-19a-302, a career service employee who has a grievance shall submit the grievance in writing to:(1)(a)(i) the employee’s supervisor; and(1)(a)(ii) the administrator.(1)(b) Within five working days after receiving a written grievance, the employee’s supervisor may issue a written decision on the grievance.(2)(2)(a) If the employee’s supervisor fails to respond to the grievance within five working days or if the aggrieved employee is dissatisfied with the supervisor’s written decision, the employee may advance the written grievance to the employee’s agency or division director within 10 working days after the expiration of the period for response or receipt of the written decision, whichever is first.(2)(b) Within five working days after receiving the written grievance, the employee’s agency or division director may issue a written response to the grievance stating the decision and the reasons for the decision.(3)(3)(a) If the employee’s agency or division director fails to respond to the grievance within five working days after its submission, or if the aggrieved employee is dissatisfied with the agency or division director’s written decision, the employee may advance the written grievance to the employee’s department head within 10 working days after the expiration of the period for decision or receipt of the written decision, whichever is first.(3)(b) Within 10 working days after the employee’s written grievance is submitted, the department head may issue a written response to the grievance stating the decision and the reasons for the decision.(3)(c) The decision of the department head is final in all matters except those matters that the office may review under the authority of Part 3, Grievance Procedures.(4) If the written grievance submitted to the employee’s department head meets the subject matter requirements of Section 67-19a-202 and if the employee’s department head fails to respond to the grievance within 10 working days after submission, or if the aggrieved employee is dissatisfied with the department head’s written decision, the employee may advance the written grievance to the administrator within 10 working days after the expiration of the period for decision or receipt of the written decision, whichever is first.