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.