Providing timely disposition of Merit employee grievance and maintenance review classification appeals.
In cases of termination/dismissal, demotion or suspension of employees with full merit status (i.e., have satisfactorily completed an initial probationary period), appeals may be filed within 30 days of the action:
Merit Rule 12.9: “Employees who have been dismissed, demoted or suspended may file an appeal directly with the DHR Secretary or the MERB within 30 days of such action. Alternatively, such employees may simultaneously file directly with the MERB and the DHR Secretary who must hear the appeal within 30 days. If the employee is not satisfied with the outcome at the Director’s level, then the appeal shall continue at the MERB.”
Merit Rule 9.2: “Employees may be dismissed at any time during the initial probationary period. Except where a violation of Chapter 2, Non-discrimination, is alleged, probationary employees may not appeal the decision.”
Employees who are dismissed during their initial probationary period who allege a violation of Merit Rule 2.1 should file a grievance (on the form below) at Step 1, pursuant to the merit grievance process set forth in Merit Rule 18. The grievance must be filed within 14 days of the date of incident giving rise to the grievance.
Merit Rule 18.6: “Step 1: Grievants shall file, within 14 calendar days of the date of the grievance matter or the date they could reasonably be expected to have knowledge of the grievance matter, a written grievance which details the complaint and relief sought with their immediate supervisor. The following shall occur within 14 calendar days of receipt of the grievance: the parties shall meet and discuss the grievance and the Step 1 supervisor shall issue a written response.”
After receipt of a Step 3 decision, an appeal may be filed with MERB within 20 days using this form:
Merit Rule 18.9: “If the grievance has not been settled, the grievant may present, within 20 calendar days of receipt of the Step 3 decision or of the date of the informal meeting, whichever is later, a written appeal to the Merit Employee Relations Board (MERB) for final disposition according to 29 Del. C. 5931 and MERB procedures.”
29 Del. C. §5915 (c) :Any maintenance review classification determination may be appealed to the Merit Employee Relations Board by any affected employee or agency within 30 calendar days of notification.