CHAPTER 47:02:04
GRIEVANCE PROCEDURES
Section
47:02:04:01 Standard form of grievance procedure.
47:02:04:02 Chief administrator.
47:02:04:03 Governing board.
47:02:04:04 Repealed.
47:02:04:05 Time limits.
47:02:04:06 Representation.
47:02:04:01. Standard form of grievance procedure. The following sections constitute the steps to be followed in processing a grievance under SDCL 3-18-15.3 when a public body has failed to adopt its own procedure under SDCL 3-18-15.1.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:02. Chief administrator. When an employee has a grievance, the employee shall meet informally with the chief administrator of the employer within 20 days after the employee, through the use of reasonable diligence, should have had knowledge of the occurrence that gave rise to the grievance. The chief administrator shall set a meeting date as soon as possible, but not later than seven days after the appeal was filed. Within seven days after the meeting, the chief administrator shall serve a written disposition of the matter upon the party involved. For the purpose of this section, chief administrator means the person with final authority on personnel matters.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:03. Governing board. Within five days after receipt of the above disposition, the employee may, if the grievance remains unresolved, appeal to the governing board, if any. The board or commission shall hold a formal hearing within 10 days or at its next regularly scheduled meeting, whichever comes sooner, and serve a written disposition of the matter on the party within 10 days after the hearing. The grievant may appeal directly to the division if there is no governing board.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:04. Division of Labor and Management Relations.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.
47:02:04:05. Time limits. If an employee fails to appeal within the time limits established, the grievance shall be considered void. If the employer fails to respond within the time limits, the grievance shall be considered resolved based upon the requested remedy. Time limits can be waived only upon a showing of reasonable excuse to the satisfaction of the division.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
47:02:04:06. Representation. An employee may be represented at all steps of the grievance procedure by a representative or an employee organization selected or approved by the employee.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 3-18-15.3.
Law Implemented: SDCL 3-18-15.1.
