Time limits for submission and advancement of grievance by aggrieved employee -- Voluntary termination of employment -- Group grievances.
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(1) When a career service employee files a grievance at Level 1, as described in Section 67-19a-302, the employee shall advance the grievance through the proper levels of procedure specified in this chapter.
(2) The employee and the person to whom the grievance is directed may agree in writing to waive or extend grievance steps specified under Subsection 67-19a-402(1), (2), or (3) or the time limits specified for those grievance steps, as outlined in Section 67-19a-402.
(3) Any writing made under Subsection (2) shall be submitted to the administrator.
(4) Except as provided under Subsections (6) and (7), if the employee fails to advance the grievance to the next procedural step within the time limits established in this part:
(a) the employee waives the right to advance the grievance or to obtain judicial review of the grievance; and
(b) the grievance is considered to be settled based on the decision made at the last procedural step.
(5) An employee may file a grievance for review under this chapter, except as provided in Subsections (6) and (7), if the employee submits the grievance within 30 working days after:
(a) the most recent event giving rise to the grievance; or
(b) the employee has knowledge of the most recent event giving rise to the grievance.
(6)
(a) An employee may file with the office a motion for an enlargement of a time limit described in Subsection (5).
(b) In determining whether to grant a motion described in Subsection (6)(a), the office shall consider, giving reasonable deference to the employee, whether:
(i) the employee filed the motion before the time limit the employee seeks to enlarge; or
(ii) the enlargement is necessary to remedy the employee's excusable neglect.
(7) The provisions of Subsections (4) and (5) do not apply if the employee meets the requirements for excusable neglect as that term is defined in Section 67-19a-101.
(8)
(a) If several employees allege the same grievance, the employees may submit a group grievance by following the procedures and requirements of this chapter.
(b) In submitting a group grievance, each aggrieved employee shall sign the grievance.
(c) The administrator may not treat a group grievance as a class action, but may select one aggrieved employee's grievance and address that grievance as a test case.