4.24.1 Conduct of Hearing

4.24.2 General Information Concerning Grievances

4.24.3 Appeals and Hearings

4.24.4 Summary for Appeals and Hearings

In any organization there may be conditions and circumstances which lead to dissatisfaction and/or misunderstandings in day–to–day relationships between employees or between an employee and employer. It is the policy of this University to develop and maintain a satisfied and efficient work force. In furtherance of this policy, when an employee feels he or she has been treated unjustly, the employee has the right to use this grievance procedure without fear of coercion, discrimination or reprisal. In order to protect appeal rights with Civil Service, employees are cautioned to familiarize themselves with Chapter 13 of the Civil Service Rules. NOTE: It is the employee’s responsibility to read the entire grievance section to protect rights of appeal.  It is incumbent upon every supervisor to provide employees with an opportunity to be heard in accordance with the following internal procedures:

1. The employee shall present the grievance in writing to the immediate supervisor within five working days after the incident which caused the employee to be aggrieved; and the employee has the right to have a representative of his or her choice present with the employee at this meeting.
2. The supervisor will give an answer in writing to the grievance within three working days thereafter. Neither the employee nor the representative should disrupt their work schedule to present a grievance to the supervisor. They will arrange a meeting at a time which is mutually convenient. The supervisor will be expected to give this meeting prompt attention.
3.  If the employee is not satisfied with the decision of the immediate supervisor, the employee may, within five working days of the receipt of such decision, submit a grievance in writing to the department head.
4. The department head will then discuss the grievance with the employee and the employee’s representative within five working days and render a decision in writing within five working days thereafter.
5. If the employee is not satisfied with the decision of the department head, the employee may, within 10 working days of the receipt of such written decision, submit a written grievance to the appointing authority (Director of Human Resources). The appointing authority will conduct a hearing within five working days, and will render a decision in writing within five working days of the hearing.
6. If the employee is not satisfied with the decision of the appointing authority as outlined in above, the employee has the right of appeal to the Director of Civil Service and the Civil Service Commission as outlined in Rule 13.11 and 13.12 described in Chapter 13 of the Civil Service Rules. Nothing contained herein shall deprive any employee of rights to appeal to the Civil Service Commission.

4.24.1 Conduct of Hearing

Affidavits and statements offered during the course of a hearing may be received and considered by the appointing authority. The aggrieved employee shall have the right to be represented by an individual of his or her choice. Both parties may produce witnesses. Witnesses may be employees or persons other than employees. All witnesses are subject to examination and cross–examination by the aggrieved employee and the agency. The aggrieved employee shall have the right to require the production of books, papers, records, and other items which are within the control of the agency against which the grievance is lodged, which are pertinent to the facts at issue and which are not held to be confidential by provision of state statute, public law or Constitutional law.

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4.24.2 General Information Concerning Grievances

Personnel problems, which require consideration or study, should be brought to the attention of the supervisor or to Human Resources. Grievances should not be aired in hallways, but should be taken through channels for honest evaluation and quick settling. Employees should feel free to consult with their personnel office. The above procedure is intended as an orderly method of presenting a grievance. It is a policy of this agency to assure employees that if satisfactory settlement of a grievance cannot be made at a lower level, employee may submit the matter to the appointing authority (Director of Human Resources) without fear of restraint, interference, coercion, discrimination, or reprisal.

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4.24.3 Appeals and Hearings

Any person in the classified service who alleges that he or she has been discriminated against by misapplication of the Civil Service law or rules or the rules of the commission, or that his or her rights under Civil Service rules have been violated may appeal to the Civil Service Commission. Appeals to the Civil Service Commission must be made in accordance with Civil Service Rules. The personnel office will furnish a copy of these rules to any classified employee who requests it.

Appeals may be made to the commission by:

• Any person in the classified service who alleges discrimination or disciplinary action because of political or religious beliefs, sex, or race.
• Any person in the classified service who, having gained permanent status, alleges disciplinary action or removal in violation of any provision of Chapter 12 of these rules.
• Any person in the classified service who alleges that he or she has been deprived of any right, discriminated against, or adversely affected by the violation of any provision of the article or of any rule of this commission.
• Any person in the classified service who fails to obtain relief from an allocation or reallocation of a position to a class or by the Classification Plan or any change thereof after a written request for review thereof by the director or his or her representative as provided in Rule 5.3 and who alleges that the director’s decision has been discriminatory.
• Any person in the classified service who alleges discrimination by the application of the pay plan or by the application of any change thereof.
• Any person who shall have applied for or been examined, for the classified service, without having acquired permanent status therein, and who alleges discrimination in the review of his or her application, admission to an examination, scoring of examinations, the establishments of an eligible list, or certification here from.
• By any person expressly granted the right to appeal to this commission by the article or by any rule of this commission.
• Any person who alleges discrimination as defined in Rule 1.14.1.
• Any person who alleges discrimination by any official action taken by the director.
• Any person seeking a review of a decision made by an appointing authority under the provisions of Rule 10.4.
• Any person in the classified service who alleges that he or she has been demoted, dismissed, discriminated against, or subjected to any disciplinary action based solely on the grounds assigned for an unsatisfactory service rating.
• Any applicant for employment in the classified service and any employee in the classified service who alleges discrimination because of membership or non–membership in any private organization.
• Any person in the classified service who alleges that he or she has been subjected to any layoff or layoff avoidance action in violation of any provision of Chapter 17 of these rules.

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4.24.4 Summary for Appeals and Hearings

A Notice of Appeal must

1. Be in writing; and
2. Be signed by the appellant, or on his or her behalf by an attorney duly licensed to practice law in the courts of the state of Louisiana, or on his or her behalf by a senior student of law designated under the provisions of Rule 13.19(b)2; and
3. Give the name and mailing address of the appellant, and of his or her attorney or designated senior law student, if any and
4. Contain a clear and concise statement of the actions complained against and a clear and concise statement of the basis of the appeal. Where discrimination is alleged to be a basis for appeal, specific facts supporting the conclusion of discrimination must be alleged in detail; and
5. Give the date on which the action appealed from occurred, or that the appellant learned thereof; and
6. State the date that the appellant received written notice of the action complained against, if written notice was given; and State the relief the appellant seeks.

No appeal shall be effective unless a written notice complying with the requirements of Rule 13.11 is either 1) received in the office of the director of the State Department of Civil Service at Baton Rouge, La., or 2) is addressed to the director of the State Department of Civil Service at Baton Rouge, La., with proper postage affixed, and is dated by the United States Post Office

• Within 30 calendar days after the date on which appellant received written notice of the action on which the appeal is based when written notice before or after the action is required by these rules; or
• Within 30 calendar days after the date when appellant learned or was aware that the action complained of had occurred when no written notice is required by these rules or, if required, was given tardily or not at all.

Employees are invited to check with their Office of Human Resources for rules and policies concerning:

• Delay for making appeal
• Summary Disposition of Appeal
• Assigning Appeals for Hearing
• Place of Hearing
• Notice of Hearing of Appeals
• Continuance of Appeal
• Procedure for Hearing Appeals
• Referees
• Subpoena of Witness; Production of Documents
• Dismissal for Non–appearance at Hearing of Appeal
• Consolidation
• Transcripts of Proceedings of Appeals to the Commission
• Refusal to Appear; Refusal to Testify; False Testimony
• Costs of Appeals
• Witness Fees in Hearing on Appeals
• Commission Action on Appeal
• Interlocutory Rulings; Amicable Settlement of Appeals
• Rehearing of Appeal
• Finality of Commission Action on Rules and Plans

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Changes to Section of Manual