Wyo. Code R. 006-0010-8
Human Resources Division
Chapter 8: Grievances and Appeals for Permanent Employees
Effective Date: 06/07/2019 to Current
Rule Type: Current Rules & Regulations
Reference Number: 006.0010.8.06072019
Permanent employees shall have the right to present a grievance or appeal, pursuant to the provisions of this chapter, without coercion, restraint, discrimination or reprisal.
(i) In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins shall not be included. The last day of the period so computed shall be included unless that day is a Saturday, Sunday, or legal holiday. Only business days shall be counted; Saturdays, Sundays, legal holidays or other days business offices are closed for the State of Wyoming shall not count.
(ii) The Human Resources Division Administrator may, upon written request and for good cause shown, or at his/her own discretion, extend any time period prescribed by this chapter, provided the written request is received before the expiration of the time period originally prescribed.
Any party shall forfeit the right to pursue a grievance and / or appeal if they fail to follow the procedures prescribed by this chapter.
(i) If an employee fails to meet a deadline the grievance and/or appeal shall be immediately terminated and the issue(s) under question shall stand as originally determined by the agency.
(ii) If an agency fails to meet a deadline the issue(s) in dispute shall be removed from the employee's personnel file. If the issue(s) under dispute involved suspension without pay the employee shall receive full back pay. If the issue(s) under dispute involves involuntary reappointment the employee shall be returned to their original pay and position.
(iii) If the Human Resources Division (HRD) fails to meet a deadline the review process shall begin anew with impartial and unbiased employees within HRD with no previous knowledge of the issue under review.
Any procedure prescribed by this chapter may be waived by mutual written agreement between the parties. A copy of the agreement shall be forwarded to the Human Resources Division Administrator or the presiding officer, as applicable.
The rights in this chapter apply to permanent employees only.
An employee may be represented by any person, including legal counsel, at any stage of the grievance and / or appeal process. The Human Resources Division
Administrator or an agency head may designate any duties outlined in this chapter to another employee under his/her supervision to carry out said duties.
(f) Administrative Leave. An employee who is a party or witnesses to an appeal shall be granted administrative leave to participate in the proceeding. An employee who has filed an appeal shall be entitled to a maximum of eight (8) hours of administrative leave to prepare for presentation of the appeal. Prior notice shall be given to the employee’s supervisor.
(g) Reviews of a grievance will be conducted by the Human Resources Division (HRD) of A&I.
(h) Determinations after a review by HRD shall be final unless otherwise ruled by the Office of Administrative Hearings (OAH) or a higher court.
(i) Custody of Records. The Human Resources Division Administrator shall be the official custodian of all records pertaining to the provisions of this chapter.
(j) Confidential Proceedings. All grievance and appeals proceedings shall be confidential and shall not be included in an employee’s personnel file or other official records.
(k) Service of Documents. Any person filing a document with the Human Resources Division Administrator in a grievance and / or appeal proceeding shall serve a copy on all parties and representatives at or before the time the document is filed with the Human Resources Division Administrator.
(l) Agencies shall provide a report to the Human Resources Division on or before February 28 of each year, in the manner determined by the Human Resources Division, on the number and type of grievances submitted to the Agency Head during the previous year.
(a) “Grievance” means a dispute, between an employee and management of the employee’s agency, which involves the interpretation or application of a statute, rule, executive order, or policy concerning personnel practices and/or working conditions.
“Grievance” does not include a dispute, which involves;
(i) Compensation, benefits, contributions, and other conditions which are beyond the control of the agency head;
(ii) Discrimination;
(iii) Dismissal;
(iv) Involuntary separation due to a reduction in force; or
(v) Performance evaluation ratings.
(a) Within ten (10) days of the event giving rise to the grievance or of the employee having knowledge of the event, the employee shall present the grievance in writing to the management employee making the decision which gave rise to the dispute and the agency head. The grievance shall include a brief statement of fact on which the grievance is based and the relief sought.
(b) Within ten (10) days of receiving the written grievance, the agency head or a designee and the management employee that gave rise to the dispute shall hold a conference with the employee to resolve the dispute. A written determination shall be provided to the employee within five (5) days of the conference. A decision by the agency head or designee shall be the final step in the grievance procedure unless the grievance involves a dispute in accordance with Section 4 (d) of this chapter.
(c) If issue giving rise to the dispute involves the agency head and allegations concerning violations of a statute, rule, executive order or policy, the employee shall submit the grievance in writing to the Human Resources Division Administrator.
(i) The Human Resources Division Administrator, shall within five (5) days of receiving the written grievance, commence an investigation of the complaint in accordance with Executive Order 1997-4. If the investigation substantiates the complaint and circumstances warrant, the Governor shall be notified.
(ii) No agency head or manager shall be allowed to preside in a conference concerning allegations against him/herself.
(d) If the decision of the agency head or designee is unsatisfactory to the employee and if the grievance involves a disciplinary suspension, an involuntary reassignment due to unsatisfactory work performance, or an involuntary reassignment to a lower grade, the employee shall, within ten (10) days of the date of the decision, request the Human Resource Division Administrator or designee to review the matter. Other matters may be considered at the discretion of the Human Resources Division Administrator. All requests shall be submitted, in writing.
(i) Within five (5) days of receiving a request for review the Human Resources Division Administrator or designee shall notify the head of the agency and the HR Manager of the Agency (or equivalent) with which the employee has the dispute.
(e) Grievance Review Purpose and Authority.
(i) The purpose of the review is to resolve a dispute, which falls within Section 4 (d) of this chapter. The review shall determine if the state Statutes, Personnel Rules and agency policies were followed and all actions taken were of a legal and ethical nature.
(ii) HRD shall have the authority to affirm, modify, or reverse any action(s) so long as the decisions and recommendations are not in conflict with Personnel Rules, State Statutes, or agency rules and regulations. Decisions of the HRD review are final unless the grievance is appealable in accordance with Section 5 of this chapter.
(iii) HRD Reviews (A) HRD shall provide a written determination to the employee, agency head and agency HR Manager once the review is complete.
(I) The review shall be confined to those issues provided by the parties in Chapter 8 Section 4(d) and shall not develop into a general inquiry into the policies and operations of an agency. HRD may contact the employee, agency head, manager/supervisor of the employee, agency HR or witnesses as part of their review. Additional documentation may be requested and/or reviewed in addition to what was provided in Section 4(d) as deemed necessary.
(1.) The HRD Review shall be concluded within twenty (20) days unless an agreement for extension is provided in writing by both the employee and agency.
(a) Right to Hearing.
(i) An employee may appeal the following agency head decisions to The Office of Administrative Hearings, without going through the Grievance Review Process:
(A) Dismissal;
(B) Involuntary separation due to a reduction in force;
(ii) Either party may appeal, through a de novo hearing, the following final HRD Review decisions:
(A) Involuntary reassignment due to unsatisfactory work performance;
(B) Involuntary reassignment to a lower grade; and
(C) Disciplinary suspension.
(b) Request for Hearing:
(i) A party shall request a hearing by filing a notice of appeal with the Human Resources Division Administrator setting forth the following:
(A) The name, address and contact information of the employee and the name, address and contact information of the employee’s representative if any;
(B) The name, address and contact information for the person of contact within the agency pertaining to the appeal or hearing.
(C) The decision of the agency head or HRD Review being appealed;
(D) A statement of the facts on which the appeal is based; and
(E) The relief sought.
(ii) Appeals shall be filed, in writing, within ten (10) days of the date of the agency head or HRD Review decision;
(A) After the filing of a petition for a personnel appeal hearing, such petition may not thereafter be amended.
(iii) The appealing party shall serve a copy of the notice of appeal on the other party and the other party’s representative, if any, at the time the notice of appeal is filed;
(i) The responding party shall file a response and any motions challenging the timeliness or jurisdiction of the appeal within ten (10) days of the filing date of the notice of appeal;
(ii) The response and any motions shall be in writing and filed with the Human Resources Division Administrator;
(iii) The response shall include a statement of the facts on which the appeal is based;
(iv) The responding party shall serve a copy of the response and any motions on the other party and the other party’s representative, if any, at the time of filing.
(i) The Human Resources Division Administrator shall have jurisdiction to determine whether the employee has made a claim upon which relief can be granted, and the timeliness of the appeal;
(ii) The Human Resources Division Administrator may issue orders, prior to referring the appeal to the Office of Administrative Hearings on any matter within his or her jurisdiction or upon motion of either party.
(iii) The Human Resources Division Administrator shall transfer to the Office of Administrative Hearings the current record of the proceedings in the case.
(a) Unless the parties stipulate in writing to an extension of the time period provided, the Office of Administrative Hearings shall render and file with the Human Resources Division Administrator a written decision and order containing Finds of Fact and Conclusions of Law, and shall provide written certified notice of the decision to all parties to the appeal within thirty (30) days of the close of evidence.
(i) The Office of Administrative Hearing Rules, Chapter 2, Contested Case Proceedings, edition October 17, 2014 is incorporated by reference:
(ii) The incorporated rule does not include any later amendments or editions;
(iii) The incorporated rule is maintained at the Department of Administration and Information, Human Resources division, Emerson Building, 2001 Capitol Avenue, Cheyenne, WY 82002 and is available for public inspection and copying at cost at the same location.
Section 7. Consolidation of Multiple Actions. If an employee has multiple, separate, or pending grievances or appeals involving the same employee and agency, those grievances or appeals may be consolidated into one proceeding upon mutual, written agreement, if the facts and nature of the actions so allow.