FILING FEE FOR 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 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. |
The categories of State civil service appeals that require payment of a filing fee (or completion of a hardship affidavit) are:
o Appeals from decisions made by the Administrator of the Division of Merit Recruitment and Selection under Sec. 230.44(1)(a), Stats. This category includes appeals of examinations and the removal of names from a certification list or register.
o Appeals from certain decisions attributable to the Director of the Office of State Employment Relations (OSER) under Sec. 230.44(1)(b), Stats. This category includes appeals from reclassification and reallocation decisions (including the effective date of those actions) and decisions relating to whether personnel records are closed.
o Grievances under Sec. 230.45(1)(c), Stats., where the Commission is serving as the fourth step in the grievance procedure for State classified civil service employees other than limited term employees and employees covered by a collective bargaining agreement.
If multiple appellants file a joint appeal that falls into one of these three categories, each appellant must submit a fee (or hardship affidavit). Section PC 3.02(5)(b), Wis. Adm. Code.
No fee is due for appeals filed under 230.44(1)(c), (d), (dm), (f), (h), (i) or under 230.45(1)(d), Stats.
Required form of payment:
o Money order, certified check, cashier’s check or bank check (not personal check, cash or installments)
o Payable to the “State Treasurer of Wisconsin”
o $50.00
Hardship affidavit provision. An appellant who satisfies the conditions specified in Sec. PC 3.02(4), Wis. Adm. Code, may submit a hardship affidavit in lieu of paying the fee.
Time period for submitting the filing fee (or hardship affidavit). If the fee (or hardship affidavit) does not accompany the initial appeal, the Commission will, after receiving the appeal, notify the appellant in writing and will grant the appellant 30 days to meet the fee or hardship affidavit requirements. Section PC 3.02(5)(b) and (c), Wis. Adm. Code.
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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_filing_fee.htm}. Last modified on 16 FEB 2012. Comments, questions and suggestions.