§7083. Procedure for settlement
A grievance or dispute between a state employee and the agency of the State by whom the state employee is employed must be entertained by the appeals board upon the application of the employee, as long as there has been compliance with the following requirements:
[PL 2025, c. 663, Pt. B, §1 (AMD).]
1.
Adjust dispute.
[PL 2025, c. 663, Pt. B, §1 (RP).]
2.
Grievance in writing.
[PL 2025, c. 663, Pt. B, §1 (RP).]
3.
Submission of grievance or dispute to department or agency head.
Within 21 days of the employee becoming aware of the grievance or dispute, the employee or the employee’s representative, or both, shall submit the grievance or dispute in writing to the department or agency head describing the employee’s desired resolution. Within 21 days of receiving the employee’s written notice of the grievance or dispute, the department or agency head shall meet with the employee or the employee's representative, or both, and attempt to adjust the dispute. Within 5 days of meeting with the employee or the employee’s representative, or both, the department or agency head shall render a decision in writing to the aggrieved employee or the employee's representative, or both.
If the department or agency head issues a written decision after conducting a due process meeting with the employee or the employee’s representative, or both, at which the employee was afforded an opportunity to present information relating to proposed disciplinary action issued by the department or agency head, the written decision must be treated as the final written decision of the department or agency head for the purposes of this subsection. Upon receipt of the written decision following the due process meeting, no further action by the employee is required at the department or agency level, and the employee may appeal the written decision to the officer pursuant to subsection 4 if the employee is a classified employee or the employee may appeal the written decision directly to the appeals board pursuant to subsection 5 if the employee is an unclassified employee;
[PL 2025, c. 663, Pt. B, §1 (AMD).]
4.
Appeal to State Human Resources Officer.
If the classified employee is dissatisfied with the written decision of the department or agency head, the employee or the employee's representative, or both, may appeal in writing to the State Human Resources Officer within 21 days of receiving the written decision. The officer shall within 21 days reply in writing to the aggrieved employee or the employee's representative, or both, and the department or agency head involved stating the officer's decision, based on the Civil Service Law and rules;
[PL 2025, c. 663, Pt. B, §1 (AMD).]
5.
Submission to board.
In the event the grievance is not satisfactorily adjusted under subsections 3 and 4, within the time limits in those subsections, the dispute may be submitted to the appeals board within 21 days following receipt of the last relevant written decision from the employer pursuant to subsections 3 or 4. The appeals board shall investigate the matters in controversy, shall hear all interested persons who come before it and shall make a written decision, which is binding on the parties involved. The appeals board's written decision must be issued within 30 working days after the hearing on the dispute is concluded, unless both parties agree that an extension of the time limit should be allowed; and
[PL 2025, c. 663, Pt. B, §1 (AMD).]
6.
Procedure.
Any member of the appeals board may administer oaths and subpoena and require the attendance of witnesses and the production of books, papers, public records and other relevant documentary evidence or certified copies of the evidence by the department or agency head pertinent to the dispute and shall do so if requested in writing by any party to the dispute or the party's representative. A witness summonsed by subpoena is entitled to witness fees and travel allowance in the amount allowed for appearance in District Court, the costs of which must be advanced by the party requesting the subpoena prior to issuance of the subpoena. A state employee subpoenaed under this subsection may not lose pay to which the employee would otherwise be entitled.
[PL 2025, c. 663, Pt. B, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 785, §B38 (NEW). RR 2013, c. 2, §4 (COR). RR 2023, c. 1, Pt. B, §§48, 49 (COR). RR 2023, c. 1, Pt. B, §50 (AFF). RR 2023, c. 2, Pt. B, §§73-76 (COR). PL 2025, c. 663, Pt. B, §1 (AMD).