Recently we began our training session on PEP (Performance Evaluation Planning), and at the very end of the training one of the questions that was asked was regarding whether you could grieve your PEP. My question back to you would be - was this your end of cycle PEP and was your overall score for the PEP unsatisfactory? If both of these answers are yes, then you have the ability to grieve the PEP. In general the grievance between the employee and the employer has to be in regard to Personnel Policy and Regulation. A grievance cannot be filed because you do not like the rating you received in one area of your PEP. You cannot grieve an overall satisfactory PEP score.
With all that said, I thought I would share a little more information about the grievance process and also the mediation process which we discussed briefly during our first PEP training session. For those of you who have not had this training yet - it involves looking at our PEPs in a slightly different way, so you will get this supplemental information prior to your session, rather than after.
Grievance
A grievance is a dispute between an employee and the employer about the interpretation of an application of :
Personnel Policy and Regulation
Any policy or regulation in which management has control
Grievance does not include a dispute about:
An oral reprimand or counseling
Pay grade or range for a class
The amount or effective date of a statewide pay increase
The grievance process applies to all employees in the State Personnel Management System except:
Employees appointed by the Governor
Employees in the Executive Service
Temporary Employees
An attorney in the OAG
A Student employee
( Other exceptions outside of DNR Classifications)
Grievance: Right to Representation
A employee may choose any person to assist or represent the grievant at any time during the grievance procedures.
The appointing authority, or Secretary may designate an individual to assist or represent them at any step of the grievance process.
Before initiating the grievance procedure the employee must first discuss the matter with his or her supervisor.
Step 1 - Within 20 calendar days after the alleged cause of the complaint or within 20 calendar days after the employee reasonably became aware of the alleged cause of the complaint, the employee may present the grievance in writing to the Appointing Authority. ( For the Maryland Park Service the Appointing Authority is Supt. Settina.)
The Appointing Authority shall hold a conference with the employee within 10 days after receipt of the written grievance.
The Appointing Authority shall issue a written decision within 10 calendar days after the conference. If the employee is not satisfied with the decision the employee may appeal to the Secretary.
Step 2 - The Secretary or designee shall hold a conference with the employee within 10 calendar days after receipt of the written appeal.
The Secretary or designee shall issue a written decision to the employee within 10 calendar days after the conference. If the employee is not satisfied with the decision the employee may appeal to the Department of Budget and Management.
Step 3 - Within 30 days of receipt the employee's appeal, the Department of Budget and management may confer with the parties and attempt to resolve the grievance.
If a settlement is not reached the Department of Budget and Management will forward the appeal to the Office of Administrative Hearings. The dispositon of the appeal by the Office of Administrative Hearings is the final administrative decision.
Please note for Appeals regarding disciplinary action the process is almost the same - except that as the Appointing Authority is the person who is administering the disciplinary action - the appeal process begins at Step 2. There are also different time frames for conferences and responses.
Here is a link to the DBM website for the grievance and appeal form:
http://dbm.maryland.gov/employees/Pages/SettlementProcess.aspx
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"Coaching is a conversation, a dialogue, whereby the coach and the individual interact in a dynamic exchange to achieve goals, enhance performance and move the individual forward to greater success."
Zeus and Skiffington
During our PEP Training we spend a great deal of time discussing the development of a coaching relationship between the supervisor and the employee. Here is a short video that discusses the benefits of coaching.
If your coaching conversations fail you may wish to consider mediation.
Mediation
The Employee Relations Division offers confidential mediation assistance to employees and managers who are experiencing conflict with one another in the workplace. Mediation occurs in an informal, relaxed atmosphere. Each party is given the opportunity to effectively communicate his or her thoughts about the issues with the assistance and facilitation of the mediator.
Many employees find that mediation aids in dealing with present and future conflicts in a more effective manner. Participation is voluntary. Employees and managers who are interested in mediation services should contact Richard Allen at 410-260-8058.
Here is a link to DBM's website where you can view a short video on what is involved in the mediation process.
Want to know a little more about the Coaching process - there is still time to sign up for Part 1 of Coaching 101. Even if you are not a supervisor developing good communication skills can benefit you in all aspects of your job.
"You get the best effort from others not by lighting a fire beneath them, but by building a fire within." Bob Nelson |
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