In the past few months, several members have brought employment issues to UPEA. While a number of these concerns have merit, the members were unable to pursue a remedy through the grievance procedure because they failed to follow the time limits imposed by the grievance time line. In light of these circumstances, it seems appropriate to remind our members about the time-line requirements for grievances.
Time lines relevant to the grievance procedure can be found in Utah Code 67-19a-401 et seq. For purposes of this discussion, pertinent aspects of the statute are as follows:
67-19a-401 (4)(a) states: Unless the employee meets the requirements for excusable neglect established by rule, if the employee fails to process the grievance to the next step within the time limits established in this part, s/he has waived their right to process the grievance or to obtain judicial review of the grievance.
67-19a-401(4)(b) states: Unless the employee meets the requirements for excusable neglect established by rule, if the employee fails to process the grievance to the next step within the time limits established in this part, the grievance is considered to be settled based on the decision made at the last step.
67-19a-401(5)(a) states: Unless the employee meets the requirements for excusable neglect established by rule, an employee may submit a grievance for review under this chapter only if the employee submits the grievance:
(i) Within 20 working days after the event giving rise to the grievance; or
(ii) Within 20 working days after the employee has knowledge of the event giving rise to the grievance. (Emphasis supplied)
67-19a-401(5)(b) states: Notwithstanding Subsection (5)(a), an employee may not submit a grievance more than one year after the event giving rise to the grievance.
67-19a-401(7) states: A person who has voluntarily terminated his employment with the state may not submit a grievance after he has terminated his employment.
The most important aspect of the statute relates to the 20 working day period. Remember, as an employee, you will not be the person determining when the time line starts. If you are in doubt, contact your UPEA representative for further information and advice. On the bright side, the rule requires that the agency give notice of your right to appeal/grieve any intended or imposed disciplinary action and this notice includes the time line for your response.
Questions regarding the grievance process?
Call your UPEA Employee Representative at
(801) 264-8732