Analyzing the North Carolina State Employee Grievance Policy: Grievable Issues and Procedural Requirements

The Employee Grievance Policy provides a framework for resolution of workplace disputes for North Carolina state employees. This page covers the types of grievable issues in the policy and the procedural requirements, including deadlines, for each step in the grievance process.

The most current version of the North Carolina State Employee Grievance Policy can always be found on the Office of State Human Resources (OSHR) website.  Navigating the policy can be a little confusing for first time users, though, so this page is designed to help State Employees understand who may file a grievance, what issues are grievable, grievance deadlines, and when the process is supposed to be completed. 

These policies regularly change, so by the time I hit publish on this article there may be a new version. This article is not intended to be relied upon, but is merely a guide that might help state employees understand their rights under the system, and how to enforce those rights. For best results, I would encourage any state employee facing a disciplinary issue to consult an experienced attorney as early in the process  as possible.

Grievable Issues

The policy categorizes grievable issues into several types based on the status of the employee—applicant, probationary state employee, or career state employee—and the nature of the grievance.

1. For Applicants for State Employment

Applicants can file grievances for:

• Denial of hiring or promotional opportunities due to a failure to post the position.
• Denial of veteran's preference.
• Allegations of unlawful discrimination, harassment, or retaliation during the hiring process.

2. For Probationary State Employees

In addition to the issues available to applicants, probationary employees can grieve:

• Retaliatory personnel actions, such as those related to whistleblowing.
• Discrimination or harassment in employment terms and conditions, or retaliation for protesting discrimination or harassment.

3. For Career State Employees

Career employees, protected under state law, can grieve all the above issues plus:

• Dismissal, demotion, or suspension without just cause.
• Non-disciplinary separation due to unavailability.
• Denial of reemployment rights or hiring priority after a reduction in force.
• Denial of promotional opportunity priority consideration
• Overall performance ratings below "meets expectations." (may only be grieved at the agency level)

Procedural Requirements and Deadlines

The grievance process involves informal and formal stages, with each step designed to ensure due process and timely resolution.

 Informal Discussion (not required if you have been terminated)

• Deadline: Must be requested within 15 calendar days of the alleged event.
• Process:
  • The employee discusses the issue with their supervisor or appropriate personnel.
  • If unresolved within 15 days, the grievance can proceed to the formal process.
  • Extensions of up to 15 days can be agreed upon in writing.

 EEO Informal Inquiry (For Discrimination, Harassment, or Retaliation)

• Deadline: Must file the complaint with the agency EEO Officer within 15 calendar days of the incident.
• Process:
  • The agency investigates and responds within 45 calendar days.
  • If unresolved, the complainant has 15 days to escalate to the formal grievance process.

 Formal Internal Grievance Process

• Deadline: The grievance must be filed within 15 calendar days of the alleged event or the conclusion of the EEO Informal Inquiry.
• Mediation:
  • The agency requests mediation within 3 business days of receiving the grievance.
  • Mediation must be completed within 35 calendar days.
  • If no agreement is reached, the employee has 5 days to proceed to a hearing.

 Hearing (Called a "Step 2" hearing)

• Deadline: Must occur within 35 calendar days of the grievant's filing.
• Process:
  • A hearing officer or panel reviews evidence and recommends a decision.
  • The agency head reviews the recommendation and issues a Final Agency Decision (FAD) within 5 calendar days of Office of State Human Resources (OSHR) approval.
  • If the agency fails to issue a FAD the employee can file for an administrative hearing and review by administrative law judge. 

Appeals to the Office of Administrative Hearings

If unsatisfied with the Final Agency Decision (or if no decision is rendered within a reasonable time), employees can file a Petition for Contested Case Hearing:

• Deadline: 30 calendar days from receiving the FAD.
• Process:
  • A petition alleging lack of just cause is filed at the Office of Administrative Hearings and a $20 filing fee is paid. 
  • An Administrative Law Judge  the case and issues a binding decision. (Can be appealed to the NC Court of Appeals).
  • These hearings are similar to a trial, with discovery (beware the very short deadline), compulsory process, and testimony. Evidence rules and NC Rules of Civil Procedure apply (except where they don't.)

Strict adherence to deadlines is critical:

• Missing deadlines for can (probably will) result in forfeiture of the employee's grievance rights.
• Agency failure to satisfy deadlines will likely irk the tribunal, although specific remedies are not necessarily laid out in statute or administrative code. 
• Timeliness ensures prompt resolution and minimizes workplace disruptions.

Employees and agencies are encourage to collaborate effectively, using the policy framework to address disputes fairly and systematically.

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Conclusion

The Employee Grievance Policy offers North Carolina state employees a structured approach to address workplace concerns. By understanding grievable issues and adhering to procedural requirements and deadlines, employees can ensure their grievances are heard and resolved. Agencies, in turn, must uphold their responsibilities to maintain fairness, consistency, and transparency throughout the process.

As I mentioned at the top of this page, early consultation with an attorney who is experienced in North Caroline State Employee disciplinary and grievance matters can make a big difference in the outcome of the case. Even though an employee may not be directly represented by an attorney in agency disciplinary or grievance matters, competent counsel can help guide the worker  through the process. Early involvement of counsel can help set up effective advocacy at the Office of Administrative Hearings, also, through issue identification and preparation for immediate discovery requests. OAH cases proceed at a rapid pace, and delayed attempts to obtain crucial information can have devastating results.

I am available to counsel or represent North Carolina state employees through the diciplinary, grievance, and appeals process. Fill out the contact form (best) or give me a call to initiate a conversation.