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§74-840-6.2.
§74-840-6.2.
A. The Oklahoma Merit Protection Commission shall establish standard
internal agency grievance resolution procedures for classified state
employees. The procedures shall encourage prompt and equitable
resolution of grievances at the lowest possible level within the
employing agency. Each appointing authority shall either use the
procedures established by the Commission or adopt other procedures
which address the specific needs of their agencies. All procedures
shall contain the minimum requirements established pursuant to this
section.
B. The appointing authority of each agency shall furnish to each
classified employee a copy of the internal agency grievance resolution
procedure utilized by the agency.
C. No employee shall be disciplined or otherwise prejudiced in his or
her employment for exercising his or her rights under the internal
agency grievance resolution procedure.
D. Internal agency grievances may include, but are not limited to, any
direct or indirect form of discipline, reduction-in-force, work
assignments, withholding of work, classification, reclassification,
promotion, leave, performance appraisal, length of service, overtime,
compensatory time, transfers, or any alleged violation of the Oklahoma
Personnel Act or merit rules.
E. The internal agency grievance resolution procedures established by
the Oklahoma Merit Protection Commission shall contain the following
minimum requirements:
1. Procedures encouraging resolution of disputes within the agency
quickly, informally and at the lowest possible level;
2. Procedures requiring prompt resolution of the internal agency
grievance within established time periods; and
3. Procedures guaranteeing the employee the right to be represented by
a person of his own choosing at each step of the procedure, except the
initial informal discussion with his immediate supervisor.
F. The Oklahoma Merit Protection Commission shall promulgate rules as
necessary to implement the provisions of subsections A through I of
this section to establish internal agency grievance resolution
procedures, provided that such rules previously promulgated by the
Administrator of the Office of Personnel Management shall be
transferred to the Oklahoma Merit Protection Commission and shall
remain in effect until duly modified by the Commission.
G. The appointing authority of each classified agency shall designate
employees of the agency to receive and process internal agency
grievances. Within six (6) months after designation to serve in this
capacity, these employees shall complete the training programs
established by the Commission. Upon successful completion, such
employees shall be certified to perform the duties associated with
receiving and processing internal agency grievances.
H. The appointing authority of each classified agency shall ensure
that employees designated to receive and process internal agency
grievances are scheduled to attend and notified of the required
training and shall make time available for employees to complete the
training.
I. Each agency shall maintain records of each grievance filed as well
as summary information about the number, nature and outcome of all
grievances filed. Agencies shall keep records of grievances separate
and apart from other individual employee personnel files. Agencies
shall annually report grievance information and related statistical
data to the Oklahoma Merit Protection Commission pursuant to rules
adopted by the Commission. An employee or former employee shall have a
right of access to the grievance record of grievances he or she filed
after the grievance procedure has been completed.
J. Employees may only appeal a reduction-in-force action to the
Oklahoma Merit Protection Commission on the basis of procedural errors
in the application of the reduction-in-force plan of the employing
agency, board, or commission.
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