N.Y. Comp. Codes R. & Regs. tit. 8 § 400.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 400.7 - General provisions

(a)

(1) The employee shall identify his representative, if any, to the appropriate State official(s) at all steps, giving name, address, and official designation, and if also an employee, his title, official working station and department.

(2) A representative who is also a State employee shall notify his supervisor immediately upon learning of his designation, stating the name of the aggrieved and the time and place of the grievance review or discussion.

(b) The time and place for the discussion or hearing of grievances within the college shall be designated by the local administration, and, so far as practicable shall be mutually agreeable to the appropriate parties.

(c) An employee's right to process a grievance shall not be lost to him solely because he has left the college wherein it arose or because he has left State service, provided such right had fully accrued prior to his separation from the college of its origin and provided further that he could otherwise have prosecuted such grievance but for separation and provided, further, that he presents his grievance not later than 45 calendar days after the date on which the act or omission giving rise to the grievance occurred.

(d) Terminations of the services of probationers pursuant to the Civil Service Law are not reviewable under these procedures except where the petitioner presents prima facie evidence that the decision of the appointing officer may have been arbitrary or capricious. In such cases, the university grievance officer may

(1) authorize the processing of the grievance through the university procedure; or

(2) assume original jurisdiction in resolving the grievance.

(e) The form referred to hereinabove may be obtained from the local administrator or from the university grievance officer.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 400.7