Section 46.07. Wisconsin Employment Relations Commission.

 

(1)  If the grievant is dissatisfied with the decision received from the appointing authority or designee at the third step under s. ER 46.06 (2) (c) 2. , the decision may be grieved to the commission only if it alleges that the employer abused its discretion in applying subch. II of ch. 230 , Stats., or the rules of the director promulgated under that subchapter, subchs. I and II of ch. 230 , Stats., or the rules of the administrator promulgated under those subchapters, or written agency rules, policies, or procedures, except that decisions involving the following personnel transactions may not be grieved to the commission:

(a) A written reprimand;

(b) A performance evaluation; or

(c) The evaluation methodology used by an employer to determine a discretionary pay award, or the amount of the award.

(2)  Grievances to the commission must be filed within 30 calendar days after service of a decision issued at the third step of the grievance procedure under s. ER 46.06 (2) (c) 2. , or within 30 calendar days after the last day on which the employer could have served a timely decision, whichever is sooner.

History: Cr. Register, February, 1984, No. 338 , eff. 3-1-84; reprinted to correct an error in (1) (c), Register, September, 1984, No. 345 ; am. (1) (intro.), Register, May, 1988, No. 389 , eff. 6-1-88; correction in (1) (intro.) under s. 13.92 (4) (b) 6. , Stats., Register September 2015 No. 717 .