Section 8-A1603. APPLICABILITY AND COVERAGE OF GRIEVANCE PROCEDURES

 

1603.1The grievance procedures set forth in this chapter shall be utilized for grievances that arise out of any misunderstanding, disagreement, dissatisfaction, concern, or other conflict with regard to an employee's own conditions of employment if the matter is within the control of the Board of Governors or the Dean of the School of Law and the Dean's subordinates, except as provided otherwise by this section.

 

1603.2The grievance procedures set forth in this chapter shall apply to all employees of the School of Law, except employees within recognized bargaining units (labor organizations) with which a negotiated agreement on grievance procedures has been ratified and is in force at the time the grievance is filed.

 

1603.3Notwithstanding the provisions of §1603.2, if a negotiated grievance procedure does not cover a grievance that is covered by this chapter, an employee may use the grievance procedures set forth in this chapter.

 

1603.4The grievance procedures set forth in this chapter shall not apply to any adverse action, as defined in chapter 17.

 

1603.5The grievance procedures set forth in this chapter shall not apply to grievances that arise out of any of the following:

 

(a)Any matter for which a separate and distinct appeal procedure is provided by the rules of the School of Law or the laws of the District of Columbia;

 

(b)Any matter that is subject to administrative appeal to and final determination by any official or agency outside of the School of Law, including any agency or official of the federal government;

 

(c)The content of any policy of the Board of Governors or the rules of the School of Law; however, this exception shall not preclude grievances that arise out of the application of those policies or the provisions of these rules;

 

(d)Nonselection for promotion or appointment to any position from a group of duly ranked and certified eligible candidates;

 

(e)The application or interpretation of the provisions of a duly negotiated and ratified collective bargaining agreement;

 

(f)Any action rescinding a temporary promotion or assignment, if that action meets both of the following requirements:

 

(1)The action is taken within two (2) years of the effective date of the temporary promotion or assignment; and

 

(2)The action either returns the employee to the position held prior to the temporary assignment or promotion, or returns the employee to a different position which is not at a lower grade or level than the position held prior to the temporary assignment or promotion.

 

(g)The failure of a supervisor, the administration of the School of Law, or the Board of Governors to adopt or enact a suggestion or proposal submitted by an employee; or

 

(h)The failure of an employee to receive a merit step increase, performance award, or any other honorary or discretionary award or recognition.

 

source

Final Rulemaking published at 35 DCR 7764 (October 28, 1988).