Vol. 8, No. 3, Pg. 44. Modification of the State Employee Grievance Process: 1996 Statutory and Regulatory Revisions.

• Author: By Samuel L. Wilkins and Deborah R. Drucker

South Carolina Lawyer

1996.

Vol. 8, No. 3, Pg. 44.

Modification of the State Employee Grievance Process: 1996 Statutory and Regulatory Revisions

44Modification of the State Employee Grievance Process: 1996 STATUTORY AND REGULATORY REVISIONSBy Samuel L. Wilkins and Deborah R. DruckerAttempts by state employees n Charleston in the late 1960's to enter into collective bargaining agreements led to the South Carolina General Assembly's enactment of the State Employee Grievance Procedure Act of 1971. Act No. 503, 1971 S.C. Acts 399 (codified at S.C. Code Ann. §§ 8-17-10 through 8-17-40).

The 1971 Act created a State Employee Grievance Committee (Grievance Committee) composed of state employees appointed by the South Carolina Budget and Control Board (Board) to conduct peer reviews of the disciplinary actions imposed on state employees by a state agency. In 1974, the General Assembly repealed the 1971 Act and enacted a slightly more formal process. Act No. 1025, 1974 S.C. Acts 2203.

Eight years later, the General Assembly repealed the 1974 Act and created the State Employee Grievance Procedure Act of 1982. S.C. Code Ann. §§ 8-17-310 through 8-17-380 (1976). The 1982 Act limited the types of disciplinary actions that were reviewable, mandated a form of mediation to occur prior to any Grievance Committee hearing, and imposed more formality on the grievance process. During the next 14 years, the General Assembly only made relatively minor amendments to the 1982 Act.

During the 1996 legislative session, the General Assembly significantly revised the 1982 Act. Act No. 284, 1996 S.C. Acts . These changes became effective on October 1.

1996 STATUTORY CHANGES

The 1996 Act significantly amended the definitions contained in § 8-17-320. Id. at § 3. The 1996 Act adds definitions to reflect use of ADR, makes substantive changes to reflect revisions to the grievance and appeal process, modifies definitions to address the recent State Classification and Compensation System reform, adjusts definitions to reflect recent related legislation, and makes revisions for clarification. In addition, the 1996 Act deletes the definitions of "discrimination," "dismissal," and "permanent employee."

The first revision to § 8-17-330 under the 1996 Act reduces the time frame in which a covered employee must file a grievance from 21 to 14 calendar days. This reduction will expedite processing the grievance.

Section 8-17-330 also specifies actions that are grievances. The term "grievances" includes essentially the same employment actions as the 1982 Act with two major substantive changes. First, the mileage related to involuntary reassignments increased from 15 miles to 30 miles. Second, salary decreases based on performance evaluations are included to accord with the State Government Accountability and Reform Act of 1993.

Section 8-17-340 governs the Grievance Committee...