Vol. 6, No. 4, Pg. 18. Recent Changes in the State Employee Grievance System.

• Author: By Samuel L. Wilkins

South Carolina Lawyer

1995.

Vol. 6, No. 4, Pg. 18.

Recent Changes in the State Employee Grievance System

18Recent Changes in the State Employee Grievance SystemBy Samuel L. Wilkins During the 1992-93 legislative session, the South Carolina General Assembly made significant statutory changes concerning the state employee grievance system. Then, during the 1993-94 session, several regulatory revisions to that system completed the State Administrative Procedures Act process. S.C. Code Ann. g 1-23-110 through 1-23400 (1976 & Supp. 1993). These statutory and regulatory changes have altered the type of employment actions grievable under the State Employee Grievance Procedure Act of 1982 (Grievance Act), id. at §§ 8-17310 through 8-17-380; clarified who has the burden of proof before the State Employee Grievance Committee; and made other modifications in the State Employee Grievance Committee (Grievance Committee) procedure.

According to an amendment to the fourth paragraph of Code § 8-17-330, "reclassification, reassignments, and transfers to the same pay grade are not considered grievances."

Statutory Changes

Probationary and Temporary Employees. During the 1992-93 session, the General Assembly amended the definitions of "probationary employee" and "temporary employee" contained in the Grievance Act. "Probationary employee" was amended to extend the probationary period for employees to become permanent state employees from six months to one year for noninstructional personnel. Act No. 164, Part II, § 8A, 1993 S.C. Acts 112122 (codified at S.C. Code Ann. § 8-17320(11) (1976 & Supp. 1993)). This extension of the probationary period applies to employees hired after June 30, 1993. Act No. 178, 1993 S.C. Acts 1371 attempted to apply to employees hired before June 30, 1993. The change in Act No. 164 appears to prevail over the provision in Act No. 178.

A 1994 Act has provided an exception for state technical colleges and indicated that the definition of probationary employee applies to those employees hired before or after June 30, 1993. Act No. 407, 1994 S.C. Acts. Similarly, "temporary employee" was amended to extend the period of time that a temporary employee may be hired from six months to one year. Act No.164, Part II, § 8A, 1993 S.C. Acts 1121-22 (codified at S.C. Code Ann. § 8-17320 (14) (1976 & Supp. 1993)). Again, the change in Act No.164 appears to prevail over the provision in Act No. 178, 1993 S.C. Acts 1371, which attempted to extend the period of time for temporary employees to be hired to two years.

Reclassifi...