1. (1) If the grievant is dissatisfied with the decision received from the administrator or designee at the second step under s. ER 46.06 (2) (b) 2., the decision may be grieved to the commission only if it alleges that the employer abused its discretion in applying subch. II of ch. 230, Stats., or the rules of the director promulgated under that subchapter, subchs. I and II of ch. 230, Stats., or the rules of the administrator promulgated under those subchapters, or written agency rules, policies, or procedures, except that decisions involving the following personnel transactions may not be grieved to the commission:

   1. (a) A written instruction;
   2. (b) A performance evaluation; or
   3. (c) The evaluation methodology used by an employer to determine a discretionary pay award, or the amount of the award.
2. (2) Grievances to the commission must be filed within 14 calendar days after receipt of a decision issued at the second step of the grievance procedure under s. ER 46.06 (2) (b) 2., or within 15 calendar days after the last day on which the employer could have served a timely decision, whichever is sooner.

History

History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; reprinted to correct an error in (1) (c), Register, September, 1984, No. 345; am. (1) (intro.), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) (intro.), (a), (2) Register July 2018 No. 751, eff. 8-1-18.