A regular employee may appeal an employer action to human resource management services if:

1. The employee has processed a grievance through the agency grievance procedure and is dissatisfied with the result;

2. The employee and the appointing authority have agreed to a waiver of the agency grievance procedure; or

3. The agency has not established a grievance procedure or has failed to respond to a grievance in a timely manner.

No other employer actions except as defined in this chapter or otherwise specifically provided by administrative rule are appealable to human resource management services.

History: Effective November 1, 1996; amended effective July 1, 2004.

General Authority: NDCC 54-44.3-12(1)

Law Implemented: NDCC 54-44.3-12.2