Utah Code 67-19a-401. Time limits for submission and advancement of grievance by aggrieved employee — Voluntary termination of employment — Group grievances
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(1) An aggrieved career service employee and the person to whom the grievance is directed may agree in writing to waive or extend grievance steps specified under Subsection 67-19a-402(1), (2), or (3) or the time limits specified for those grievance steps, as outlined in Section 67-19a-402.
Terms Used In Utah Code 67-19a-401
- 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
- Excusable neglect: means harmless error, mistake, inadvertence, surprise, a failure to discover evidence that, through due diligence, could not have been discovered in time to meet the applicable time period, misrepresentation or misconduct by the employer, or any other reason justifying equitable relief. 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
- 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- 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(2) Any writing made under Subsection (1) shall be submitted to the administrator.(3) Except as provided under Subsections (5) and (6), if the employee fails to advance the grievance to the next procedural step within the time limits established in this part:(3)(a) the employee waives the right to advance the grievance or to obtain judicial review of the grievance; and(3)(b) the grievance is considered to be settled based on the decision made at the last procedural step.(4) An employee may file a grievance for review under this chapter, except as provided in Subsections (5) and (6), if the employee submits the grievance within 10 working days after:(4)(a) the most recent event giving rise to the grievance; or(4)(b) the employee has knowledge of the most recent event giving rise to the grievance.(5)(5)(a) An employee may file with the office a motion for an enlargement of a time limit described in Subsection (4).(5)(b) In determining whether to grant a motion described in Subsection (5)(a), the office shall consider, giving reasonable deference to the employee, whether:(5)(b)(i) the employee filed the motion before the time limit the employee seeks to enlarge; or(5)(b)(ii) the enlargement is necessary to remedy the employee’s excusable neglect.(6) The provisions of Subsections (3) and (4) do not apply if the employee meets the requirements for excusable neglect as that term is defined in Section 67-19a-101.(7)(7)(a) If several employees allege the same grievance, the employees may submit a group grievance by following the procedures and requirements of this chapter.(7)(b) In submitting a group grievance, each aggrieved employee shall sign the grievance.(7)(c) The administrator may not treat a group grievance as a class action, but may select one aggrieved employee’s grievance and address that grievance as a test case.