The following description is meant only to be Office of Human Resources attempt to give DHMH employees a broad overview of the grievance process, describing the general responsibilities of both management and the employee in the grievance process. If an employee does not understand the timelines and requirements of the grievance process, outside help should be secured to protect the employee’s rights.

DHMH Office of Human Resources encourages all parties to settle any disputes between management and employees in the workplace  within the unit.  If an employee feels that they have been treated unfairly or have a grievance with their employer, they are encouraged to attempt to resolve the issue by sitting down and talking to their employer.    If there is not a satisfactory outcome from the discussion, the following procedures can be used to resolve the dispute.

For further information, contact the EMPLOYEE RELATIONS DIVISION, DHMH, 410-767-5466 

SOURCE:  Employer-Employee Relations Guidelines, Prepared by the Employee Relations Division, Revised November, 2001.   

Steps in the Grievance and Disciplinary Appeal Process 

• Grievances consist of 3 steps:  (1) the employee initiates the grievance procedure by filing a written grievance with the grievant’s appointing authority; (2) appeal to the principal unit; and (3) the grievant may appeal the decision of the principal unit to the Secretary of the Department of Budget and Management for settlement.  If the grievance is not settled, it will be referred to the Office of Administrative Hearings.  
  
  A Disciplinary appeal is a step-two process:  (1) the employee files an appeal of a disciplinary action to the head of the principal unit; and (2) if the employee’s appeal is denied, he may appeal the decision to the Secretary of the Department of Budget and Management for settlement.  If the disciplinary action is not settled, it will be referred to the Office of Administrative Hearings.

Orientation

• An opportunity to explain to the employee the Agency’s mission as well as the Division’s mission.

Counseling

• “Motivational coaching” that highlights an area which the employee is either deficient or proficient.

• If counseling relates to an employee’s deficiency in an area and is in writing, the letter should state that it is a “letter of counseling” or “memorandum of counseling.”  Also counseling should have a line for the employee signature signifying that the employee received the counseling.

• If placed in the employee’s personnel file, the employee has 5 days from the date of receipt to place a written response in the file.  The response is attached to the counseling.

Steps in the Grievance and Disciplinary Appeal Process

• Grievances consist of 3 steps:  (1) the employee initiates the grievance procedure by filing a written grievance with the grievant’s appointing authority; (2) appeal to the principal unit; and (3) the grievant may appeal the decision of the principal unit to the Secretary of the Department of Budget and Management for settlement.  If the grievance is not settled, it will be referred to the Office of Administrative Hearings.
  
  A Disciplinary appeal is a step-two process:  (1) the employee files an appeal of a disciplinary action to the head of the principal unit; and (2) if the employee’s appeal is denied, he may appeal the decision to the Secretary of the Department of Budget and Management for settlement.  If the disciplinary action is not settled, it will be referred to the Office of Administrative Hearings.

Disciplinary Actions 

• The appointing authority or designee must complete 4 steps prior to implementing any disciplinary action against an employee:

• Investigate the alleged misconduct (the appointing authority may actively investigate or “ratify” the investigation of another by thoroughly reviewing the results of the investigation);

• Consider mitigating circumstances (union representative for bargaining unit may be present at the conference);

• Determine the appropriate disciplinary action, if any, to be imposed; and

• Give the employee a copy of the Notice of Disciplinary Action (MS-4A); the employee’s appeal rights are on the form.

Written Reprimands

• Must be issued within 30 calendar days from the date that the appointing authority gains knowledge of the incident triggering the discipline.

•  Complete the 5 steps > investigate, meet, consider mitigation, determine the appropriate discipline, and provide MS-4A.

•  Date the reprimand for the date that you are delivering it to the employee.

Forfeiture of Annual Leave 

• The annual leave must be deducted from the employee’s account within 30 calendar days of the appointing authority’s knowledge of the incident that triggers the discipline.

• An appointing authority or designee may require an employee to forfeit up to 15 days of accrued annual leave per occurrence.

• Complete the 5 steps > investigation, meet, consider mitigation, determine the appropriate discipline, and provide MS-4A.

Suspension without pay

• Must be done within 5 workdays following the close of the employee’s next shift after the appointing authority gained knowledge of the incident triggering the suspension (excludes Saturdays, Sundays, legal holidays, employee leave days).

• Complete the 5 steps > investigate, meet, consider mitigation, determine the appropriate discipline, and provide MS-4A.

• If the employee is comp-time eligible, you must suspend for a minimum of 5 days or a multiple of 5 days, and the suspension must begin on a Wednesday.

• Do not send an employee home without giving the employee his appeal rights in writing.

Denial of Annual Pay Increase

• Must be initiated within 30 calendar days of the incident triggering the denial of pay increase.

• Usually done in conjunction with the employee’s PEP (less than meets standard) or can be done for a serious incident.

Demotion

• Must occur within 30 calendar days of the incident triggering the demotion.

• For employees who are demoted after reinstatement or competitive promotion, demote the employee to his former position or a comparable position.

• Complete the 5 steps > investigate, meet, consider mitigation, determine the appropriate discipline, and provide MS-4A.

Termination

• An employee must be terminated within 30 calendar days of the appointing authority’s gaining knowledge of the incident triggering the termination.

• The 5 steps must be completed > investigate, meet, consider mitigation, determine the appropriate discipline, and provide MS-4A.

• The Secretary must sign-off on all terminations; therefore, he must receive the Notice of Termination along with a copy of the investigation, and return it to the appointing authority before the 30 day deadline.

• The employee must be handed the Notice of Termination with all appropriate signatures and a copy of the investigative results within the 30 day deadline with an effective date of termination that must also be within the 30 day deadline.