Grievance Procedure

A grievance is an internal complaint filed by an employee with the employee's agency regarding working conditions that are, otherwise, not subject to appeal or review by the Board or the State Personnel Director. A department may establish its own grievance process for the handling of grievances within its agency, however, that process should not conflict with the Board Rules. Please contact your department's human resources office to determine whether your department has a grievance procedure. A grievance must be filed on an agency form but if an agency form is not available, employees may use the form supplied below.
 

The Board does not initially review grievances. The Board only reviews appeals of final grievance decisions when it appears that the final grievance decision violates: (A) an employee's rights under federal or state law; (B) CADA; (C) the Whistleblower Act; or (D) the grievance process.  C.R.S. § 24-50--123(3)

The Board's grievance rules are set forth in Board Rules 8-5 through 8-8. These rules provide the circumstances and parameters under which a grievance may be filed at the agency level. Board Rule 8-5 specifies matters that may not be grieved or appealed. Board Rule 8-6 provides an employee with the right to ask the Board to review an agency's final decision and determine whether the employee may be granted a hearing (referred to as the preliminary review process). Board Rule 8-7 explains the status of a grievance after an employee is separated from service or if the employee is restored to a position following involuntary separation. Board Rule 8-8 governs the two-step grievance process.

Step One of the Grievance Process

The grievance process, at the agency level, usually unfolds in less than 60 days from start to finish. Board Rule 8-8 outlines the steps for filing a grievance with an agency and then appealing the agency's final decision to the Board. An employee must initiate the process within 10 days of the action being grieved by notifying his/her supervisor. Shortly thereafter, an informal discussion or meeting between the employee and the supervisor must occur. A decision in writing must be given to the employee by the supervisor within 7 days of the informal discussion or meeting.

Step Two of the Grievance Process and appeals of a Grievance Decision

If the employee wishes to proceed to the next step of the grievance process after the supervisor's decision, the employee must begin Step Two of the grievance process within 5 days of his/her receipt of the decision by filing a written grievance with the appointing authority. The appointing authority has 30 days from the filing of the written grievance to render a final agency decision on the grievance. The employee then has 10 days from the receipt of that final agency decision to file a petition for hearing with the Board, using the Consolidated Appeal & Dispute Form, available on the Forms & Filing page, to request a hearing on the final agency decision. It is important to keep in mind that only those issues set forth in the written grievance filed with the appointing authority will be considered in the final agency decision or by the Board in the discretionary review process.

An employee may be represented by a person of his/her choice (a non-lawyer or a lawyer) at Step Two of the grievance process, but the employee is still required to participate in the discussions during the process. View a flow chart of the employee grievance process .