As used in this sub-chapter, the following definitions apply:

1. (1) "Employee" means any state employee except:

   1. (a) those excepted under 2-18-103 and 2-18-104, MCA, from the statewide classification system;
   2. (b) when an employee is covered by a procedure provided in a collective bargaining agreement, or is covered by a statutory grievance procedure;
   3. (c) when an employee has not completed a probationary period or a probationary period is extended and the employee has to attain permanent status;
   4. (d) when an employee is hired as a temporary employee or short-term worker or an employee is temporarily hired into a permanent position for less than 12 months and is not eligible to attain permanent status; and
   5. (e) when persons are contracted as independent contractors or perform their duties under the terms of a personal services contract.
2. (2) "Grievance" means a complaint or dispute initiated by an employee regarding the application or interpretation of written laws, rules, personnel policies or procedures which adversely affects the employee.
3. (3) "Grievant" means an employee who has filed a formal grievance.
4. (4) "Management" means those individuals, beginning with the employee's immediate supervisor, and including other managers in the direct line of authority above the supervisor, who can resolve a grievance.
5. (5) "Permanent employee" means a permanent employee as defined in 2-18-101, MCA. For purposes of this policy, the term permanent employee includes a seasonal employee.
6. (6) "Permanent status" means permanent status as defined in 2-18-101, MCA.
7. (7) "Short-term worker" means a short-term worker as defined in 2-18-101, MCA.

Authorizing statute(s): Sec. 2-18-102, MCA

Implementing statute(s): 2-18-102, MCA

History: NEW, 1988 MAR p. 2559, Eff. 12/9/88; AMD, 1997 MAR p. 1448, Eff. 8/19/97.