ER 46.06(2)(c)2.
2. Upon receipt of the grievance at the third step under
subd. 1., the designated employer representative shall meet with the grievant and representative to discuss and attempt to resolve the grievance. Following this meeting, the written decision of the agency shall be placed on the grievance form by the appointing authority of the agency or designee and delivered to the grievant and representative within 21 calendar days from receipt of the grievance to the third step under this paragraph.
ER 46.06(3)
(3) If the last day on which a grievance is to be filed or a decision is be grieved or served is a Saturday, Sunday, or legal holiday, or the day specified in s.
230.35 (4) (a) 10., Stats., the grievance may be filed or the decision may be grieved or served on the next day which is not a Saturday, Sunday, or legal holiday, or the day specified in s.
230.35 (4) (a) 10., Stats.
ER 46.06(4)
(4) A grievance or a decision is timely if received by the employer during normal business hours or postmarked by 12:00 midnight on the due date.
ER 46.06(5)
(5) The employer and grievant may mutually agree in writing to waive the time limits at any step under
sub. (2).
ER 46.06(6)
(6) The employer and grievant may mutually agree to waive a meeting at any step to facilitate or expedite resolution of the grievance.
ER 46.06(7)
(7) The employer and grievant may mutually agree in writing to conduct either or both the second and third step meetings under
sub. (2) (b) and
(c), respectively, by telephone.
ER 46.06 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 46.065
ER 46.065
Agency amendments. Each agency shall adopt this procedure or, subject to approval of the director, submit an amended procedure if that amendment would more efficiently promote the goals and policies of this chapter.
ER 46.065 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 46.07
ER 46.07
Wisconsin Employment Relations Commission. ER 46.07(1)(1) If the grievant is dissatisfied with the decision received from the appointing authority or designee at the third step under
s. ER 46.06 (2) (c) 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 administrator promulgated under that subchapter, subchs.
I and
II of ch. 230, Stats., or the rules of the director 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:
ER 46.07(1)(c)
(c) The evaluation methodology used by an employer to determine a discretionary pay award, or the amount of the award.
ER 46.07(2)
(2) Grievances to the commission must be filed within 30 calendar days after service of a decision issued at the third step of the grievance procedure under
s. ER 46.06 (2) (c) 2., or within 30 calendar days after the last day on which the employer could have served a timely decision, whichever is sooner.
ER 46.07 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.
ER 46.08
ER 46.08
Failure to meet time limits. ER 46.08(1)
(1) The employer shall reject any grievances not filed or any decision not grieved in accordance with the time limits set forth in this chapter. Any decision not grieved in a timely manner shall be decided on the basis of the last preceding decision.
ER 46.08(2)
(2) If the grievance is not answered within the time limits set forth in this chapter, the grievant may proceed to the next step under
s. ER 46.06 (2) within 7 calendar days after the last day on which the grievance could have been timely answered.
ER 46.08(3)
(3) If the grievance at the third step under
s. ER 46.06 (2) (c) 2. is not answered within the time limits set forth in this chapter, the grievant may proceed directly to the Wisconsin employment relations commission in accordance with
s. ER 46.07.
ER 46.08 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 46.09
ER 46.09
Grievant representation. ER 46.09(1)
(1) Each employee may have assistance by a representative of his or her own choice during the grievance procedure, including during informal resolution efforts.
ER 46.09(2)
(2) The employee and representative, if a state employee, shall be allowed a reasonable period of time during normal work hours, without loss of pay, to investigate, prepare and present the grievance upon reasonable notice, as determined by the employer.
ER 46.09(3)
(3) If the employer consolidates grievances, those individual grievants and their representatives, if state employees, shall be allowed a reasonable period of time during normal work hours, without loss of pay, to investigate, prepare and present the grievance upon reasonable notice, as determined by the employer.
ER 46.09(4)
(4) Any expense incurred by the grievant or representative in investigating, preparing or presenting a grievance shall be the responsibility of the grievant or representative.
ER 46.09 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 46.10
ER 46.10 Retaliation prohibited. No employer may retaliate against a grievant, representative, or witness who participates or is scheduled to participate in proceedings, for using the grievance procedure. This section may be enforced by order of the director under s.
230.04 (3), Stats.
ER 46.10 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 46.11
ER 46.11
Retroactivity. No employer may grant any relief retroactive to more than 30 calendar days prior to the filing of the grievance at the first step under
s. ER 46.06 (2) (a).
ER 46.11 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84; am.
Register, May, 1988, No. 389, eff. 6-1-88.
ER 46.12
ER 46.12
Notification of employees. The employer shall provide written notice to employees within the agency of the existence and content of the grievance procedure and any changes thereto.
ER 46.12 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
ER 46.13
ER 46.13
Informal discussions. Nothing in this chapter precludes an employee from informally discussing with the employer any matter of concern, whether grievable or not.
ER 46.13 History
History: Cr.
Register, February, 1984, No. 338, eff. 3-1-84.
