Tdcj Grievance Form – Fill Out and Use This PDF

EXECUTIVE DIRECTIVE

AUTHORITY: Texas Government Code §§ 493.007 and 617.005

Reference: American Correctional Association (ACA) Standard: 4-4048 and 4-4068

APPLICABILITY: All non-contract employees of the Texas Department of Criminal Justice (TDCJ). However, except for dismissal, a warden, director, or manager (salary group B22 or C6 and above) may not submit a grievance on any employment-related matter occurring while in such a position.

EMPLOYMENT AT WILL CLAUSE:

These guidelines do not constitute an employment contract or a guarantee of continued employment. The TDCJ reserves the right to change the provisions of these guidelines at any time.

Nothing in these guidelines and procedures limits the executive director’s authority to establish or revise human resources policy. These guidelines and procedures are adopted to guide the internal operations of the TDCJ and do not create any legally enforceable interest or limit the executive director’s, deputy executive director’s, or division directors’ authority to terminate an employee at will.

POLICY:

The TDCJ promotes equal employment opportunity through a process designed to provide responses to employee grievances without regard to race, color, religion, sex (gender), national origin, age (40 or above), disability, genetic information, or Uniformed Services status. The TDCJ has zero tolerance for all forms of employment discrimination in the employee grievance process. No employee shall be subjected to harassment or retaliation for opposing or reporting employment discrimination in the employee grievance process.

PD-30 (rev. 7)

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Employees of the TDCJ shall be treated fairly and equitably. Employees who believe they have not been treated fairly and equitably in regard to employment-related matters have a right to submit a grievance to the appropriate TDCJ officials for prompt consideration and an equitable decision in accordance with the procedures within this directive. The application of procedures shall assure a fair opportunity for presenting and resolving employee grievances, and TDCJ officials shall liberally construe this directive for fundamental fairness, equity, and justice when making decisions affecting employees.

Employees and employees’ representatives or witnesses shall not be subjected to harassment, retaliation, intimidation, or coercion for pursuing a grievance or acting as a representative or witness in the grievance process.

DEFINITIONS:

“Adverse Effect” is unreasonable interference with an employee’s ability to perform the employee’s job or with other employment-related matters.

“Common-Use Area” is an area in a unit/department accessible to all employees who are assigned to the unit/department and accessible to employees during each shift where employees are working at the unit/department (e.g., break room, lobby area).

“Employment-Related Matter,” for the purpose of this directive, includes, but is not limited to, issues regarding promotions, leave requests, performance evaluations, disciplinary actions, transfers, benefits, working environment, shift or duty assignment, harassment, and retaliation that is not based on race, color, sex (gender), religion, national origin, age (40 or above), disability, or genetic information. Whether or not a matter is employment-related, other than the examples given, shall be determined on a case-by-case basis by an intake officer.

“Equal Employment Opportunity (EEO) Rule Violation” is a violation of one of the following TDCJ Employee General Rules of Conduct (as published and described in PD-22, General Rules of Conduct and Disciplinary Action Guidelines for Employees, Attachment A, Listing of Employee’s General Rules of Conduct and Disciplinary Violations): (a) Rule No. 14b, Use of Slurs/Hostile Epithets; (b) Rule No. 21, Discrimination/Harassment against Persons of a Protected Class/Retaliation; (c) Rule No. 50, Discourteous Conduct of a Sexual Nature; and (d) Rule No. 53, Failure to Report Alleged Acts of Discrimination/Harassment against Persons of a Protected Class, Discourteous Conduct of a Sexual Nature or Retaliation.

“Grievance” is a formal written complaint filed by an employee in accordance with this directive and submitted on a PERS 155, Employee Grievance Form (Attachment A) regarding an employment-related matter.

“Grievance Meeting” is a meeting between a grievant, the grievant’s designated representative (if designated), and a TDCJ official to discuss the grievance.

“Grievant” is an employee who pursues a grievance under the procedures set forth in this directive.

PD-30 (rev. 7)

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“Intake Officer” is a specialist located within Employee Relations, Human Resources Headquarters, who receives, evaluates, and processes complaints, advises employees, and managers of the available options to resolve employment-related complaints, grievances, or any other employment-related dispute and informs employees of filing rights with state and federal enforcement agencies (i.e., the Texas Workforce Commission - Civil Rights Division [TWC- CRD] and the Equal Employment Opportunity Commission [EEOC]).

“Offender” is an individual under the supervision, custody, or incarceration of the TDCJ, including a TDCJ offender housed in privately-operated, federal, county, or other states’ facilities. These individuals include, but are not limited to, parolees, individuals under mandatory supervision, incarcerated individuals, and individuals housed in county jails who have been sentenced to the TDCJ but are not yet in TDCJ custody.

“Representative” is a person who represents a grievant in a grievance meeting.

“Reprimanding Authority” is a TDCJ official who has been designated to perform certain duties relating to the employee disciplinary process in accordance with the procedures in PD-22, “General Rules of Conduct and Disciplinary Action Guidelines for Employees.”

“Responding Authority” is the TDCJ official who responds to a grievance.

“State Resources,” for the purpose of this directive, includes First class or certified mail postage or overnight delivery service paid or supplied by the state, TDCJ mail service (hand-delivery courier or truck mail), state equipment, state premises (does not exclude an employee from being on state property when submitting the grievance), state supplies, and state time (working hours).

“Strike” is a work stoppage by a body of workers to enforce compliance with demands made by the body of workers or the workers’ representatives.

“Support Documentation” is all written material submitted to and used by a responding authority in arriving at the findings in an employee grievance case.

“Unit/Department Grievance Contact” is the employee designated by the warden/department head to coordinate the grievance process at the unit/department level.

“Witness” is a person who has first-hand knowledge pertinent to the issue under review.

DISCUSSION:

I.Normal day-to-day discussions between an employee and a supervisor regarding working conditions and employment-related matters are the most constructive and expeditious means of developing and enhancing favorable and effective work relationships. The TDCJ encourages employees and supervisors to attempt resolution of a situation by using informal problem-solving techniques before filing a formal grievance. However, when a matter is not resolved to the satisfaction of the employee, the employee may seek resolution by submitting a grievance.