S.C. Code Regs. § § 19-775.02

Current through Register Vol. 48, No. 10, October 25, 2024
Section 19-775.02 - Nature of Grievances

Based on Section 8-17-330, 1976 Code of Laws of South Carolina, as amended, grievances shall include dismissals, suspensions, involuntary reassignments, and demotions. Reclassifications, reassignments, and transfers to the same pay grade are not considered grievances. Promotions are not considered grievances. However, where an allegation is made that the grievant was excluded from consideration for promotion to a position greater than one organizational level above his present level for which he was qualified when the promotional opportunity occurred, and the grievant applied or would have applied if he had known of the promotion opportunity, and the Director of the Office of Human Resources determines that there is any material issue of fact or conclusion to be drawn from the facts of the allegation, then the promotion shall be deemed grievable. Compensation shall not be deemed a proper subject for consideration except as it applies to alleged inequities within a particular agency or salary decreases based on the results of EPMS evaluations. A reduction in force shall be appealable by an affected employee only if based on inconsistent or improper application of a reduction in force policy, procedure or plan. Reclassification shall not ordinarily be deemed grievable as a demotion. However, if an allegation is made that a reclassification is punitive and the Director of the Office of Human Resources determines there is any material issue of fact or conclusion to be drawn from the facts of the allegation, then the reclassification shall be deemed grievable.

S.C. Code Regs. § 19-775.02

Amended by State Register Volume 11, Issue No. 5, eff May 22, 1987; State Register Volume 18, Issue No. 2, eff February 25, 1994; State Register Volume 19, Issue No. 6, eff June 23, 1995.