Oling, Lane - GOV. From: Murray, Ryan M - GOV Sent: Monday, February 14, 2011 12:09 PM To: Polzin, Cindy M- GOV Ce: Kiteman, Nick - GOV Subject: ‘Another document for the legislature Attachments: Civil Service Information.pdf Sometime this afternoon, let's forward the attached document to all GOP legislators and staff as well. It describes ‘Wisconsin's cil service system, which predates public employee collective bargaining and will remain even after the passage of the Budget Repalr Bll. Mention that i was prepared by the Office of State Employment Relations due to the high number of questions we've received about it. As was mentioned at the cabinet meeting, many workers are confused ‘about which rights are granted by collective bargaining and which rights are granted by the ciil service statutes. Give the leadership a heads up prior to sending, Thanks, Ryan Murray Director of Policy and Legislative Affairs Office of the Governor Main: 608-266-1212 Email: r.murray@wisconsin.govWisconisin Civil Service System ‘What is the Wisconsin Civil Service System? tis a system for hiting, retaining and promoting employees based on objective assessment of their qualification and ability to do the work. Tt was founded in 1905, at which time only two other states, New York and Massachusetts, had similar systems, Tt established a merit system and required that all classified positions be filled by comprehensive examination. Itis grounded in two comerstones: © Hiring Decisions are merit-based ‘+ Removal from the service must be based on just cause, Employee cannot be discharged, suspended or demoted except for just cause, ‘Wisconsin’s Civil Service System remains one of the most comprehensive in the nation. Its core values are fuimess and mesit In 1925 the legislature authorized a statewide classification and compensation system for all. positions, The classification system is the framework used for assigning duties to a job classification, ‘Those duties, which are listed in a position description, are the basis for its pay rate, Recruitment to fill a job must be job related and merit based. '* Movement between classifications is done through transactions such as promotion, transfer and demotion. Tn 1935 state employees were granted the right to appeal perceived unjust actions to an impartial third party, which atthe time was the Personnel Board. Tt wasn*€ until 62 years later, in 1967 the Civil Service Systom was established, that the State Employment Labor Relations Act was passed, SELRA gave unions representing state employees the right to collectively bargain with the state on certain subjects, ‘The concept of just cause for discipline existed long before SELRA. It applies equally to represented and non-represented employees.‘There are seven key (ests to establish just cause for discipline, and they apply equally to both represented and non-represented employees: 1. Notice 2. Reasonable rule 3. Investigation 4, Faimess of investigation 5. Proof 6. Equal Treatment 7, Reasonable penalty ‘The far reaching grievance processes defined by the collective agreements allow grievances on ‘any matter that can be bargained in a contract. When filed, these grievances can be pursued through progressive steps up to arbitration by an outside party. ‘The grievance procedures for non-represented employees, while different than that for represented employees, provide employee protection. There are two processes under which state employees who are not covered by a collective bargaining agreement can pursue a grievance against the employer: ‘© Certain matters, such as demotion, layoff, suspension or discharge, can be appealed difecily to the Wisconsin Employment Relations Commission. ‘That procedure is found in s. 230.44, Wis. Stats. Other matters which affect an employee’s conditions of employment are subject to the grievance procedure found in chapter ER 46, Wis. Adm. Code, ‘This is usually a three step process that includes the frst line supervisor, the division administrator and finally, the agency head. There is a fourth step, to the Wisconsin Employment Relations ‘Commission, if the grievant alleges illegal action or abuse of discretion in applying policies or procedures. ‘These appeal and grievance processes currently protect the job rights of thousands of non- represestted employees and will do the same for represented employees.