In the professional landscape of the Professional, Scientific and Technical Services Unit, the OER-16 form plays a critical role in managing disciplinary grievances for employees. This document is designed to streamline the process of filing grievances related to workplace discipline, as outlined under Article 33 of the agreement between the State and the Public Employees Federation (PEF). The form serves as a structured way for employees to officially voice their grievances following a Notice of Discipline, ensuring they are acted upon in a manner consistent with the agreed-upon regulations. It details clear instructions for employees, including their rights to representation by either PEF or an attorney of their choosing, and outlines the necessity of filing the grievance within specific time frames to ensure its consideration. The form also consists of sections for documenting the nature of the grievance, the requested remedy, and the necessary steps if the employee opts to escalate the grievance to arbitration. This protocol underscores the importance of adherence to due process and the protection of employees’ rights within the framework established by the State and PEF, providing a tangible means for disputes to be resolved with fairness and transparency.
| Question | Answer |
|---|---|
| Form Name | Oer 16 Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | PEF, pef form pdf, printable pef grievance forms, response4 |
STATE/PEF DISCIPLINARY GRIEVANCE FORM
FOR EMPLOYEES IN THE
PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES UNIT
READ ARTICLE 33 IN ITS ENTIRETY BEFORE COMPLETING THIS FORM
Instructions to Employee and Agency: Employees in the PS&T Unit must use this form to start a disciplinary grievance pursuant to Article 33 of the Agreement between the State and the Public Employees Federation. Employees must be advised that they have a right to be represented or to decline such representation and be given a reasonable period of time to obtain representation (either PEF or an attorney of the employee's choice) in proceedings brought under Article 33 and before executing any settlement of a disciplinary grievance.
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Employee's Name: |
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Employee's Representative:
PEF
Attorney
I wish to grieve the Notice of Discipline issued to me on |
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pursuant to Article 33. |
I wish to grieve a violation of the procedures of Article 33 (Discipline), subsection |
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Date of occurrence:
Remarks: (Employee should use this space to support grievance.)
Remedy Sought:
Aggrieved Employee's Signature
Instructions to Employee: To be considered, this form must be filed1 either personally or by certified mail, return receipt requested, with your department or agency head or his designee within 14 calendar days2 following the service3 of the Notice of Discipline. If you are suspended or temporarily reassigned pursuant to subsection 33.4, you may waive the
Date Received: ________________________ |
By: |
State Agency Representative
AGENCY LEVEL RESPONSE
(SEE ATTACHED)
Date: _______________________________ |
By: |
Agency Representative
1 Filing shall be completed upon actual receipt.
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Day shall mean calendar days unless otherwise specified.
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Service shall be complete upon personal delivery or if made by certified mail, return receipt requested. It shall be complete the date the employee or any other person accepting delivery has signed the return receipt or when the letter is returned to the appointing authority undelivered.
DEMAND FOR ARBITRATION
NOTE: If the proposed penalty in this disciplinary action is a written reprimand, a fine not to exceed $100, a suspension without pay for not more than three days or a loss of leave credits of not more than three days, and your agency and PEF have mutually agreed to an
I have been (a) suspended or (b) temporarily reassigned pursuant to subsection 33.4 and, therefore, wish to waive the agency level meeting and proceed directly to arbitration.
Date of suspension or temporary reassignment:
My agency head or his designee has failed to issue a timely response4 to my disciplinary grievance; therefore, pursuant to subsection 33.5(e), I wish to proceed directly to arbitration.
The response of the agency head or his designee is not satisfactory5
Employee Signature
I will be represented in the arbitration by:
PEF Representative or Private Attorney
Address:
THE HEARING OF THIS MATTER WILL BE HELD IN THE LOCATION WHICH IS CLOSEST TO THE EMPLOYEE'S WORK STATION OR AT THE EMPLOYEE'S WORK LOCATION.
MAIL THE COMPLETED FORM TO:
REGIONAL DIRECTOR
AMERICAN ARBITRATION ASSOCIATION 10th FLOOR
1633 BROADWAY
NEW YORK, NEW YORK 10019 TELEPHONE: (212)
Date received by AAA |
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If there is no department or agency response received within 10 calendar days after the department or agency meeting, the appeal to arbitration must be filed within 24 calendar days of such meeting.
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Appeal to American Arbitration Association by certified mail, return receipt requested, on a disciplinary grievance form, with a copy to the appointing authority must be filed within 14 calendar days of service of the department or agency response.
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