Only certain types of State civil service personnel actions taken by state agencies may be appealed to the Wisconsin Employment Relations Commission. The most common types of appeals relate to position classification decisions, examination scores, appointment decisions, and disciplinary actions taken against employees of the State of Wisconsin who have permanent status in class and are employed outside a recognized collective bargaining unit.

Categories of personnel actions that may be appealed are:

1. Decisions made by the Administrator of the Division of Merit Recruitment and Selection in the Department of Employment Relations. Section. 230.44(1)(a), Wis. 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 as well as a $50 filing fee for these appeals.

2. Certain decisions attributable to the Director of the Office of State Employment Relations (OSER). Section 230.44(1)(b), Wis. Stats. This category includes, but is not limited to, certain position classification decisions. There is a 30 day time limit and a $50 filing fee for these appeals.

3. Certain disciplinary actions taken by an employing agency. Section 230.44(1)(c), Wis. Stats. This category includes, but is not limited to, suspensions, demotions, layoffs and discharges taken with respect to employees with permanent status in class in positions not covered by a collective bargaining agreement. There is a 30 day time limit for filing these appeals.

4. Certain decisions relating to the hiring process for classified, civil service positions. Section 230.44(1)(d), Wis. 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.

5. A decision to appoint a disabled veteran on a noncompetitive basis. Section 230.44(1)(dm), Wis. Stats. There is a 30 day time limit for filing these appeals.

6. Discharges of certain Department of Corrections employees from the unclassified service. Section 230.44(1)(f), Wis. Stats. There is a 30 day time limit for filing these appeals.

7. Certain 4th step grievances. Section 230.45(1)(c), Wis. Stats. The Commission serves as the 4th step in the grievance procedure available to State employees outside the scope of a collective bargaining agreement. There are a variety of limitations placed on the scope of the Commission’s authority in this capacity. Many of those limitations are set forth in Chapter ER 46 of the Wisconsin Administrative Code. There is a 30 day time limit and a $50 filing fee for these appeals.

8. Denial of hazardous duty pay for employees not covered by a collective bargaining agreement. Section 230.45(1)(d), Wis. Stats.

9. Certain appeals authorized under county merit system rules. Section 230.45(1)(e), Wis. Stats. There is a $50 filing fee for these appeals.

Specific information on what to include in a State civil service personnel appeal to the Commission is found in s. PC 3.03, Wis. Adm. Code. There is no printed form to use when filing an appeal with the Commission.

There is a $50 filing fee that applies to certain appeals. For more information regarding personnel appeals filing fees, [click here].

There are specific time limits for filing State civil service personnel appeals with the Wisconsin Employment Relations Commission. For more information about these time limits [click here].

If you are interested in how these appeals are processed by the Wisconsin Employment Relations Commission once they have been filed, information on this topic is available elsewhere in this website.

[services and personnel] [statutes, rules and ethics codes] [case processing forms and guides] [case databases and digests] [news and publications] [links to other resources] [about this site]

[Top of WERC Home]

[State of Wisconsin Home]

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_types.htm}. Last modified on 06 APR 2004. Comments, questions and suggestions.