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Review Using Internal Pay Dispute Procedure | Procedures
The Review Mechanism | Agency Options | Employee Options
Review Using Internal Grievance Procedure
Definitions

A Procedure Specifically Designed to Handle Only Performance Pay Disputes

The following are requirements and guidelines for an approved internal performance pay review process which is specifically designed to handle only performance pay disputes:

Procedures

1. The employee shall have at least 15 calendar days in which to seek review of a performance pay decision from the date of receipt of action being disputed.
2. An employee must receive a decision in writing by the agency head. This decision is final and cannot be appealed further. The agency should strive to see that the process is concluded within a reasonable period of time.
3. Agencies must inform employees in writing of the availability of an internal performance pay dispute resolution process and the time limit for filing a complaint at the time the performance pay decision is communicated to the employee.
4. Employees who receive an overall summary appraisal of less than “exceeds” must be informed in writing of the availability of an internal performance pay dispute resolution process and the time limit for filing a complaint at the time the overall summary rating is given.
5. Employees who receive an overall summary rating of “exceeds” do not need to be informed at that time concerning the availability of an internal performance pay dispute resolution process and the time limit for filing a complaint. That information must be given to them when the decision concerning whether a performance pay increase will be given and the amount of such an increase is communicated. The employee, at the time that decision is communicated, must be given written notice of the complaint resolution procedure and the time limit in which to file a complaint.
6. Although a complaint may involve one or more issues in this area, an employee shall have only one opportunity to file a complaint on those issues. The final agency decision shall resolve all issues involving an employee’s complaint so that no further appeal by the employee is necessary to resolve additional issues.

The Review Mechanism

The first step in reviewing a performance management decision complaint shall be for the employee to review his complaint with his immediate supervisor or the appropriate management person. If the employee is not satisfied with the first step response, the next level of review will be by either the agency grievance committee or a separately constituted dispute resolution review board.

• The review will be conducted by a board consisting of at least three persons who will take information from the employee and from management’s representative and will make a written recommendation, consistent with the information received, to the agency head. The agency head shall have the authority to accept or modify the board’s recommendation or to adopt a different decision.
• The employee must be allowed to appear in person before the review board before a final agency decision is rendered.
• Neither side will be permitted to be represented by an attorney. The proceeding shall not be taped recorded except as an administrative convenience to the review board; no person shall be required to testify under oath.
• The review should be held within reasonable geographic proximity to the employee’s worksite. Witnesses, other than the employee and management’s representative, should be strictly limited. All members of the board should be allowed to ask questions of the employee’s and management’s representative. A majority vote, rather than a unanimous vote, of the board should decide the recommendation to the agency head. Any travel required of the employee in order to get to the location of the review board hearing shall be done on state time; any mileage incurred as a result of this travel shall be reimbursed under existing budget guidelines.

Agency Options

The agency head:

1. May maintain a pool of qualified employees from whom boards can be constituted as needed or it may maintain a standing review board. If a standing board is chosen, it should consist of at least 5 members. The composition of the board should include representatives of all levels, including management, supervisors and non-supervisory employee members.  Whether a standing board or a pool of board members is used, each individual review board must have at least 2 non-supervisory employees as members.  Existing Personnel Commission policy concerning composition of grievance committees should be applied.
2. Should state in writing why he is not accepting the recommendation of the board.
3. May choose to meet with the employee before reaching a final decision.

Employee Options

The employee:

1. May speak in his own behalf. The employee may choose not to appear, but may have the matter reviewed on documentation provided by the employee and management.
2. May disqualify up to 2 of the board members designated to serve on his review board. If any board member is disqualified by the employee, he shall be replaced with another member. Action by the employee in disqualifying a member or members from the board shall not operate to reduce the number of non-supervisory employees on the board to less than two.

A Process for Review of Performance Pay Disputes Using the Established Internal Grievance Procedure

The following are requirements and guidelines for using an existing internal grievance procedure to incorporate a performance pay dispute review process:

1. A performance pay dispute grievance may only proceed to those steps which have been given authority by the agency head to make a decision. Employees shall not be required to go to a level which does not have the authority to reverse the decision they are disputing. All applicable time frames of the grievance procedure, particularly in regard to turnaround time for decisions, shall be observed. All procedural aspects of the grievance procedure shall remain unchanged. As much as is possible, the agency should strive to give the employee a final agency decision in a reasonable period of time.
2. The employee may disqualify up to 2 of the initial members of the grievance committee. If a member is disqualified, he shall be replaced with another member.
3. The grievance committee shall contain at least 2 non-supervisory employees as part of its makeup. Action by the employee in disqualifying a member or members from the committee shall not operate to reduce the number of non-supervisory employees on the committee to less than two.

Definitions

The following are definitions to be used in this process:

• Performance pay dispute: A complaint by an employee concerning the amount of performance increase, a failure to receive any performance increase, or a complaint regarding an overall performance appraisal rating.
• Employee: Any employee who has successfully completed an initial probationary period.
• Remedy:  The removal of a performance rating found to be inaccurate or misleading; the retroactive or prospective adjustment or granting of performance pay increase.
• Final agency decision: A decision in writing by the agency head or designee.