Arkansas Forestry Commission

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Grievance

Policy and Procedure Statement

§30

The AFC’s grievance procedure provides employees with a prompt review, impartial consideration, and an equitable disposition of their grievances. Any employee who presents a grievance or complaint in good faith and in a reasonable manner shall be free from restraint, interference, discrimination, or reprisal.

Definitions

Employee: an individual who is in a full time non-exempt position and has completed their new hire probationary period.

Grievance: a complaint by an employee based on employment including but not limited to, annual, sick, or compensatory leave, dismissal, suspension, promotion, demotion, disciplinary actions, discrimination or any other work-related problem. Compensation and conditions that are beyond the control of the AFC or are mandated by law are not eligible for grievances.

The State Grievance Review Committee (SGRC) and/or the State Employee Grievance Appeal Panel (SEGAP) will not hear complains concerning performance evaluation or reduction-in-force unless discrimination is the basis of the complaint.

Discrimination: race, color, sex, age, national origin, religion, or disability.

Before filing a grievance, employees should discuss job-related problems with their supervisor. The discussion may be all that is required to resolve a problem.
Employees should only submit grievances expressed in reasonable terms stating, within five days of the occurrence, the basis of the grievance, corrective action requested and sufficient information upon which to base these decisions.
Access to the grievance procedure does not create any expectation of continued employment, but provides an avenue of review and resolution of internal situations.
An AFC Grievance Officer will process all grievances and assist in all steps in a grievance. Contact the AFC Personnel Office for a list of trained Grievance Officers. If a Grievance Officer cannot process the grievance, the employee should select another Grievance Officer.
If an employee and the Grievance Officer disagree is the matter is grievable within AFC procedures and Executive Order 86-1 or Executive Order 93-1, the Grievance Officer will request a determination by filing information concerning the nature of the claimant to the AFC Personnel Manager form submission to the State Grievance Review Committee for a ruling. The employee may also submit an additional statement for review.
Employees may choose representation at each step of the grievance procedure except the initial, informal discussion with the immediate supervisor.
The timeframe for completion of the grievance procedure is 25 working days after the employee files a written grievance. All parties must agree to any extension of time. The total number of days, including extensions and/or appeal to the SGRC or SEGAP will not exceed 35 working days.

Form A30.100, Grievance Form – Step 1

The grievance procedure may terminate at any step if an agreement between parties is reached.
Employees will receive travel reimbursement expenses and time off (AFC activity code 40) for the grievance process.
Any person with relevant knowledge to a grievance may be present at any or all steps of the grievance procedure. Relevant written documentation is permissible.
Under special circumstances and with agreement of employee and the State Forester, a Grievance Officer has the authority to modify, waive, or change the Grievance Procedure to fulfill the intent of the Grievance Procedure. The Grievance Officer must submit a written report to the AFC Personnel Manager stating the justification and details of any variation from regular procedure.
The State Forester may intervene at any step of the Grievance Procedure if he determines direct action is necessary to resolve the grievance.
The State Forester will hear (Step 4) grievances that allege unlawful discrimination, termination, suspension without pay, involuntary demotion or failure to award compensation time.
Intentional interference by any AFC employee of the Grievance Procedure will result in disciplinary action. If any employee fails to meet any deadline set out in the Grievance Procedure in an attempt to delay the resolution or disposition of a grievance, rights to Grievance Procedure are forfeit.
The Grievance Officer will make a tape recording of all meetings and all steps of the Grievance Procedure. If a grievance is appealed to the State Grievance Review Committee or the State Employee Grievance Appeal Panel, the recorded meetings shall be transcribed and become part of the case file record.
At the conclusion of each step of the procedure, the Grievance Officer will notify all parties of decisions.
Grievance Steps

Step 1: The employee must submit the written grievance on Form A30.100 to the Grievance Officer of their choice with five working days of the occurrence of the grieveable manner. The employee, with assistance of the Grievance Officer, will present the grievance to the immediate supervisor during a meeting arranged by the Grievance Officer within three working days. The supervisor will submit his decision in writing to the employee and Grievance Officer within one working day. The employee will respond to the Step 1 decision in writing within three working days.

Step 2: If unsatisfied with the results of Step 1, the Grievance Officer will arrange for a meeting between the employee and the next higher level of management within three working days of the employee’s written request. The manager will submit his decision in writing to the employee and Grievance Officer within one working day. The employee will respond to the Step 2 decision in writing within three working days.

Step 3: If management hearing the grievance at Step 2 is not the Deputy State Forester, the employee may proceed to Step 3 by written request through the Grievance Officer for a hearing with the Deputy State Forester. The Grievance Officer will arrange and attend the hearing within three working days of the request.

The Deputy State Forester may require the employee, with assistance from the Grievance Officer, to outline the nature of the grievance with the decisions in Steps 1 and 2, in writing, before the hearing. The Deputy State Forester will submit his decision in writing to the employee and Grievance Officer within three working days. The employee will respond to the Step 3 decision in writing within three working days.

Step 4: If unsatisfied with the results of Step 3, the Grievance Officer will arrange for a meeting between the employee the State Forester or his authorized representative (e.g. special hearing officer) within three working days. Subordinate officers will attend the meeting if requested by the State Forester or his representative. Testimony and exhibits will be taken at Step 4.

The State Forester will submit his decision in writing to all parties involved, including the immediate supervisor, within three working days.

Appeal: All appeals will be through the AFC Personnel Manager. If the employee is not satisfied with the decision of the State Forester, he may appeal within five working days of receipt of the State Forester’s written decision. The Grievance Officer will submit the employee’s written appeal to the AFC Personnel Manager to direct the appeal to the State Grievance Review Committee or State Employee Grievance Appeal Panel, as appropriate, see flow chart 30 –

The Committee or Panel will conduct a review and make recommendations to the State Forester and appealing party (and designated representatives) within ten working days of the appeal.

State Employee Grievance Appeal Panel (SEGAP): For matters heard by SEGAP, discrimination, termination, suspension without pay, failure to award compensatory time, or involuntary demotion, SEGAP will set a hearing date within five days from receipt of appeal.

Within five working days of the hearing conclusion, SEGAP will send all parties their decision. The State Forester shall review the SEGAP decision and effect implementation of the decision. If the State Forester does not agree with the SEGAP decision, within ten working days he may provide the Chief Fiscal Officer of the State and the aggrieved employee written justification of the AFC’s action and request a formal review of the SEGAP decision.

The employee may submit comments, through the AFC Personnel Manager, regarding the State Forester’s justification to the Chief Fiscal Officer.

The Chief Fiscal Officer will issue a final administrative order within 15 days of receipt of written request from State Forester and grievant’s written comments. The final order is binding on the agency.

This does not prohibit employees from remedies outside the Grievance Policy. Each employee retains the right to file a complaint with the Equal Employment Opportunity Commission or pursue other legal remedies.
Documentation: It shall be the responsibility of the Grievance Officer to file a report of the grievance, the procedures followed and of its ultimate disposition, with copies of all documentary evidence, to the AFC Personnel Manager with ten working days following final disposition of the grievance.
When an employee files a formal grievance at any Step, it is the responsibility of the Grievance Officer to immediately file a form with the Personnel Manager listing:

a. name of employee,

b. name of employee’s immediate supervisor,

c. employee’s AFC unit,

d. name of Grievance Officer,

e. a statement of the nature of the grievance, and

f. date formal proceedings began.

Executive and administrative employees are exempt from the Grievance Policy. They are encouraged to discuss any problems or complaints with the appropriate level of management, through normal supervisory channels.
The manager hearing the complaint will make a written report of any meetings and results to all parties involved, including the Personnel Manager.
Executive and Administrative employees are:

Deputy State Forester

Assistant State Forester

Fiscal Officer

District Forester

Field Auditor Supervisor

Communications Manager

Aviation Manager

State Forest Manager

Reforestation Manager

Personnel Manager

Staff Forester

IT Manager

Conservation Education Manager

Rural Fire Defense Administrator

Rural Fire Program Coordinator

Staff Development Coordinator

Grievance Officers

The AFC has trained personnel to facilitate the grievance process. Contact the AFC Personnel Manager for a list of Grievance Officers.

Grievance Flow Charts, see following three pages.
This revised AFC Grievance Policy § 30 supersedes all earlier versions of AFC § 30 policies and interpretive memoranda, which are hereby repealed.

Time Frame Under AFC Uniform Internal Grievance Procedure

Step 1 Step 2 Step 3 Step 4

Days

1,2,3,4,5

Days

1,2,3

Day 4

Days

5,6,7

Day 8

Days

9,10,11

Days

12,13,14

Days

15,16,17

Days

18,19,20

Days

1,2,3,4,5

10 Days

Informal Efforts

File formal action and first meeting held

Decision and immediate response

Meeting with management

Decision and immediate response

Meeting with management

Decision and immediate response

Meeting

Decision by State Forester

Appeal to State Grievance Review Committee or State Grievance Appeal Panel

Grievance Review Committee Process or State Grievance Appeal Panel

Grievant has three days between steps to respond.

Response time by Grievant is excluded from the 25-day

time limit placed on the AFC.