AUTHORITY OF THE WERC TO PROCESS
STATE CIVIL SERVICE APPEALS (PA CASES)
|
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 http://oser.state.wi.us/docview.asp?docid=7358. 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. |
“PA” and “Personnel Appeal” are the terms applied by the WERC to a case filed pursuant to Sec. 230.45(1), Stats. These cases relate to the State civil service and are filed by employees of the State of Wisconsin or prospective employees of the State. The majority of the cases arise from disciplinary actions, classification decisions and hiring decisions. However, there are several additional categories of State civil service personnel actions that are subject to review. More specific information describing the different personnel actions that may be appealed, the filing period and the applicable filing fee is found in the Basic information to review before appealing a State civil service personnel action (PA cases). This and other related links are listed below.
The Commission’s authority in this area does not extend to claims of discrimination based on race, sex or other protected categories covered by the State Fair Employment Act. State civil service employees and prospective employees who are seeking information about filing a discrimination claim should contact the Equal Rights Division of the Department of Workforce Development at 201 East Washington Avenue, GEF 1, Room A-300, P.O. Box 8928, Madison, WI 53708. Phone: (608)266-6860 http://dwd.wisconsin.gov/er/equal_rights_division_administration/division.htm
Links to:
Basic information to review before appealing a State civil service personnel action (PA cases). This page includes links to separate pages addressing the following topics:
Case processing for appeals of State civil service personnel actions (PA cases). This page describes the procedures that apply to cases once they have been filed.
Instructions for unrepresented parties to State civil service appeals (PA cases)
Expedited arbitration of civil service classification appeals
Sources of relevant law for appeals of State civil service personnel actions (PA cases). The Commission’s authority and procedures for reviewing civil service appeals arise from statutes, administrative rules, and other sources.
Summaries of past decisions arising from State civil service appeals (PA cases). This page provides access to various digests or summaries of previous PA decisions.
Searching for decisions arising from past State civil service appeals (PA cases). This page provides access to search engines for conducting word searches of past PA decisions.
Links to full-text versions of decisions arising from State civil service appeals (PA cases). Use this page to access the complete version of prior PA decisions.
For further information relating to State civil service appeals (PA cases), address inquiries to: WERC Staff Attorney Kurt Stege or more generally to WERC, 1457 East Washington Avenue, PO Box 7870, Madison, WI 53707-7870. Phone: (608)266-1381, e-mail: werc@werc.state.wi.us
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This page is a public domain communication of the Wisconsin Employment Relations Commission. The URL of this page is {http://werc.wi.gov/personnel_appeals_authority_to_process.htm}. Last modified on 16 FEB 2012. Comments, questions and suggestions.