Utah Code 67-19a-301. Charges submissible under grievance procedure

67-19a-301. Charges submissible under grievance procedure.

(1)

This grievance procedure may only be used by career service employees who are not:

Terms Used In Utah Code 67-19a-301

Abusive conduct: means the same as that term is defined in Section 67-26-102. See Utah Code 67-19a-101
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
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Grievance: means :

(a)	a complaint by a career service employee concerning any matter touching upon the relationship between the employee and the employer;

(b)	any dispute between a career service employee and the employer;

(c)	a complaint by a reporting employee that a public entity has engaged in retaliatory action against the reporting employee ; and

(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

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:

(a)	dismiss the employee;

(b)	reduce the employee's compensation;

(c)	fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;

(d)	fail to promote the employee if the employee would have otherwise been promoted; or

(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
(a)	public applicants for a position with the state‘s work force;

(b)	public employees of the state’s political subdivisions;

(c)	public employees covered by other grievance procedures; or

(d)	employees of state institutions of higher education.

(2)

(a)	Whenever a question or dispute exists as to whether an employee is qualified to use this grievance procedure, the administrator shall resolve the question or dispute.

(b)	The administrator’s decision under Subsection (2)(a) is reviewable only by the Court of Appeals.

(3)	Any career service employee may submit a grievance based upon a claim or charge of injustice or oppression, including dismissal from employment, resulting from an act, occurrence, omission, or condition for solution through the grievance procedures set forth in this chapter.

(4)	A reporting employee who desires to bring an administrative claim of retaliatory action shall use the grievance procedure described in Section 67-19a-402.5.

(5)	A career service employee who desires to bring a grievance described in Subsection 67-19a-202(1) shall use and follow the grievance procedure described in 3, and 4.

(6)	An employee who desires to initiate an administrative review challenging the findings of an abusive conduct investigation shall use and follow the procedure described in Section 67-19a-501.

Amended by Chapter 390, 2018 General Session

Previous section

Next section

Part 3 Contents