[Adopted 1-10-1979 by Res. No. 79-3; amended in its entirety 3-1-1983 by Res. No. 83-13]
A. 
The County Commissioners of Charles County, Maryland, recognize the importance of establishing and maintaining an effective working relationship among all of the members of the County work force. When employees feel that they have not been properly treated, it is necessary to offer them recourse through a grievance system as part of the County's overall personnel program.
B. 
A grievance is the dissatisfaction an employee expresses when he believes that he has not been treated fairly concerning an aspect of employment. This includes supervision, task assignments, salary, hours of work, illegal discrimination, vacation and holiday eligibility and other related employment issues. A grievance can also apply to a situation when the employee feels that a mistake has been made in the administration of a rule, plan or policy.
There are certain instances when an employee cannot file a grievance. The following situations identify those instances that would not be considered as justifiable reasons for a grievance action:
A. 
Part-time employees are not eligible to file a grievance petition because of their temporary status.
B. 
Disciplinary actions, because employees have recourse through an Appeal Board.
C. 
Actions taken by the County Commissioners of Charles County, Maryland, which are policy decisions and not management/administrative actions.
D. 
Nonselection for promotion when the sole reason for the grievance is based on personal opinion and is not substantiated by fact.
An employee may present a grievance concerning a continuing practice or condition at any time. An employee must present a grievance within five days of the date of a specific act or occurrence.
When an employee believes that he has been treated unfairly, he can initiate grievance procedures. No recriminatory action will be taken against the employee for initiating the grievance procedure. The following steps must be followed when a grievance is initiated.
A. 
Step I: informal procedure.
(1) 
When an employee or a group of employees wishes to initiate a grievance, it must first be brought to the attention of the immediate supervisor and/or the department head. This will be accomplished informally in order to encourage settlement of the issue at the most immediate level in the shortest amount of time. Within five working days of the act or occurrence, the employee will be required to provide a brief written explanation on the Grievance Report Form which can be obtained from the Personnel Office.
(2) 
The employee must attempt to obtain satisfaction under this informal procedure before a grievance concerning the same matter will be accepted under the formal grievance procedure.
(3) 
The department head or immediate supervisor cannot reject the grievance under Step I for any reason. The department head or the immediate supervisor must allow the employee every opportunity to present fully his case and must assist him to the extent practical. The department head or immediate supervisor, after reviewing the case, will, within three working days, notify the employee in writing of the action he proposes to take, if any, and further advise the employee of his right to initiate a formal grievance if the matter is not resolved to the employee's satisfaction. A copy of the written notice must be forwarded to the Personnel Office and is to include:
(a) 
A brief synopsis of the employee's grievance.
(b) 
A summary of the facts presented and considered.
(c) 
The determination and action proposed.
(4) 
The Personnel Office will establish a separate file, not a part of the employee's file, for use in a possible formal grievance procedure.
B. 
Step II: formal procedure.
(1) 
An employee is entitled to follow the formal grievance procedure if the informal grievance is not resolved to his satisfaction. To initiate the formal procedure, however, the employee must first have gone through the informal procedure.
(2) 
The formal grievance must be initiated within five working days from the date that the department head or immediate supervisor provided the employee with the written determination according to the informal procedure requirements.
(3) 
The employee will submit to the Personnel Office the Grievance Report Form originally filled out for the informal procedure.
(4) 
The employee must provide the following information either on the grievance form or in an additional written statement:
(a) 
Sufficient detail to identify the basis for the grievance.
(b) 
The name(s) of witnesses.
(c) 
The relief sought. (A request for disciplinary action against an official or another employee is not a request for personal relief.)
(5) 
The written grievance must be submitted to the Personnel Officer, which will attach a copy of the informal grievance determination by the department head or immediate supervisor to the formal, written grievance. The Personnel Office staff will attach a statement of its review of the grievance for its propriety and compliance with the mandated procedure. The Personnel Office staff representative will notify the Grievance Board, department head and all parties of the date of the formal grievance hearing. The Board will meet within five working days after receipt of the grievance by the Personnel Office.
A. 
The Grievance Board will consist of:
(1) 
The County Administrator as the Chairperson.
(2) 
A department head not involved with the case.
(3) 
A nonsupervisory employee from a department other than the aggrieved employee's.
B. 
A personnel staff representative will serve as the recorder to the Board.
A. 
As its first order of business, the Grievance Board will determine if the grievance:
(1) 
Is timely.
(2) 
Is covered by the grievance system.
(3) 
Has been processed through the proper administrative procedure.
B. 
If the Grievance Board determines that either of the first two considerations are out of order, it can summarily reject the grievance. The notice of rejection must be in writing and must clearly state the reasons for rejection. If the grievance is rejected because the proper administrative guidelines have not been followed, the Board will inform the employee in writing that he must use the informal procedure as outlined in Step I.
C. 
If the grievance is properly made, the Board will allow the employee to:
(1) 
Restate his grievance.
(2) 
Call any witnesses who can contribute materially to the issue upon examination by the aggrieved employee.
(3) 
Call the management representatives.
D. 
The department head of the aggrieved employee will:
(1) 
Represent management in the formal grievance proceedings.
(2) 
Present the facts and evidence as they support his position and determination.
E. 
The department head, while representative of management, must relay all facts and information known to him which might compliment the employee's case. However, it is also the responsibility of the department head to refute all contentions of the aggrieved employee which are not factual or relevant.
F. 
After reviewing the case, the Board will inform, in writing, the aggrieved employee of its findings and action to be taken by the management, if any. The findings of the Grievance Board shall be final and binding.
G. 
Although the grievance hearings shall be conducted on an informal basis, an employee may have a representative present to assist him in presenting his concerns. Witnesses may be called as needed by the employee or the County. The County may be represented by management employees involved in the grievance matter and legal counsel. Otherwise, grievance proceedings shall be conducted in closed session.
A. 
The Grievance Board will make one of the following determinations:
(1) 
That the grievance has no merit and no action will be taken.
(2) 
That the grievance is valid, and the department head will have to comply with the specified directives of the Grievance Board to correct the discrepancy.
B. 
The personnel staff representative will record the proceedings, including a summary of the evidence and testimony heard and the findings of the Board. This record will be kept for three years.