BASIC INFORMATION TO REVIEW BEFORE APPEALING
A STATE CIVIL SERVICE PERSONNEL ACTION (PA CASES)
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Effective January 1, 2012
The Office of State Employment Relations has revised Chapter 430 of the Wisconsin Human Resources Handbook setting forth the scope, procedures, and time limits for the “Employee Grievance Procedure.” See https://dpm.wi.gov/Hand%20Book%20Chapters/WHRH_Ch_430.pdf. The revision is intended to supersede Ch. ER 46, Wis. Admin. Code, and Sec. 230.44, Stats., and provides that State civil service employees who are not subject to a collective bargaining agreement’s grievance procedure are to grieve disciplinary actions and hazardous duty pay decisions before appealing those matters to the WERC.
Therefore, if you are seeking review of
• a demotion, layoff, suspension, discharge, reduction in base pay, written reprimand, • a denial of hazardous employment benefits, or • an employer’s response at the third step of the grievance procedure established under Sec. 230.04(14), Stats.,
you should carefully review Chapter 430. See: https://dpm.wi.gov/Hand%20Book%20Chapters/WHRH_Ch_430.pdf |
Certain types of State civil service personnel actions taken by state agencies may be reviewed by the Wisconsin Employment Relations Commission. These matters are referred to by the Commission as “PA” cases. Specific limitations and requirements apply to these cases in terms of
o the types of personnel actions that may be appealed,
o the period for filing the appeal, and
o the filing fee.
There are ten distinct categories of personnel actions that may be appealed. The ten categories are established by statute or administrative rule. The Commission and various courts have issued numerous decisions interpreting the precise limits to the Commission’s authority. What follows is merely a summary of the 10 categories along with links to more complete descriptions:
1. Personnel decisions made by the Administrator of the Division of Merit Recruitment and Selection, as described in Sec. 230.44(1)(a), Stats. This category includes, but is not limited to, civil service examinations and the certification of candidates for vacant positions. There is a 30-day time limit for filing these appeals as well as a $50 filing fee.
2. Certain decisions attributable to the Director of the Office of State Employment Relations (OSER), as described in Sec. 230.44(1)(b), Stats. This category includes, but is not limited to, certain aspects of decisions classifying, reclassifying, and reallocating positions in the civil service. The majority of these appeals arise from decisions to deny reclassification requests and decisions to reallocate positions as a result of a classification survey. There is a 30-day time limit and a $50 filing fee for these appeals. Once these decisions are made, position incumbents are notified that they have a right to appeal to the WERC. For additional information about appealing a decision to reallocate your position as part of a classification survey or additional information about the procedures for obtaining review of all types of classification actions, [click here].
3. Certain disciplinary actions taken by an employing agency, as described in Sec. 230.44(1)(c), Stats. This category includes, but is not limited to, suspensions (including written reprimands in lieu of a suspension), demotions, layoffs and discharges taken with respect to employees with permanent status in class. However, for positions covered by a collective bargaining agreement, a separate appeal procedure is established in the bargaining agreement and those employees are not eligible to obtain review from the Commission. There is a 30-day time limit for filing these appeals, but no filing fee.
4. Certain decisions relating to the hiring process for classified, civil service positions, as described in Sec. 230.44(1)(d), Stats. This category includes, but is not limited to, certain decisions to select one candidate rather than another for a vacancy in the classified service. There is a 30-day time limit for filing these appeals, but no filing fee.
5. A decision to appoint a disabled veteran on a noncompetitive basis, as described in Sec. 230.44(1)(dm), Stats. There is a 30-day time limit for filing these appeals, but no filing fee.
6. Discharges of certain Department of Corrections employees from the unclassified service, as described in Sec. 230.44(1)(f), Stats. There is a 30-day time limit for filing these appeals, but no filing fee.
7. A decision by the Department of Health Services affecting Milwaukee County employees, as described in Sec. 230.44(1)(h), Stats. The decision must have been made as provided in Sec. 49.825(3)(b), Stats. There is a 30-day time limit for filing these appeals, but no filing fee.
8. A decision by the Department of Children and Families relating to employees of a county with a population of 500,000 or more, as described in Sec. 230.44(1)(i) Stats. The decision must be made under Sec. 49.826(3)(b), Stats. There is a 30-day time limit for filing these appeals, but no filing fee.
9. Certain 4th step grievances, as described in Sec. 230.45(1)(c), Stats. The Commission serves as the 4th step in the grievance procedure available to State employees who are outside the scope of a collective bargaining agreement. There are a various limitations placed on the Commission’s authority in this capacity. There is a 30-day time limit for filing as well as a $50 filing fee for these appeals.
10. Denial of hazardous duty pay for employees not covered by a collective bargaining agreement, as described in Sec. 230.45(1)(d), Stats. There is a 30-day time limit for filing these appeals, but no filing fee.
There is no printed form that must be used for filing a State civil service appeal. For information about what to include in a letter of appeal and how to submit it, [click here].
For additional information about the time limits for filing these cases, [click here].
For additional information about any applicable fees for filing these cases, [click here].
Comments, questions and suggestions.