Under CSR 15, an agency has specific obligations when a complaint of discrimination, harassment or retaliation is filed to investigate and take effective, thorough and objective steps to address the complaint. In re Gallo, CSB 63-09, 2 (3/17/11).
A grievance over a transfer that does not impact an employee's pay, benefits or employment status may not be appealed under 19-10 A.2.b. In re Gallo, CSB 63-09, 3 (3/17/11).
Under 19-10 A.2.a, employee may appeal agency's failure to address a grievance where grievance operated as a formal complaint of sexual/racial harassment under CSR 15. In re Gallo, CSB 63-09, 3 (3/17/11).
An agency’s denial of a grievance may be appealed if the action violates a career service rule and negatively affects the grievant’s pay, benefits or status. In re Abeyta, CSA 110-09, 2 (Order 2/9/10); CSR 19-10 A.2.b.i.
Where appellant failed to present any evidence supporting his grievance allegation that he was entitled to be awarded his bid for the original graveyard shift based on seniority or otherwise, summary judgment must be granted for the agency on the grievance appeal. In re Abeyta, CSA 110-09, 2 (2/9/10).
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