BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to MDT Employee Grievance Procedures

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NOTICE OF PROPOSED ADOPTION   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On June 16, 2020, the Department of Transportation proposes to adopt the above-stated rule.

 

2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Transportation no later than 5:00 p.m. on June 5, 2020, to advise us of the nature of the accommodation that you need. Please contact Alice Flesch, ADA Coordinator, Department of Transportation, P.O. Box 2001001, Helena, Montana, 59620-1001; telephone (406) 444-9229; fax (406) 444-7685; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail aflesch@mt.gov.

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I EMPLOYEE GRIEVANCE PROCEDURES (1)  The Department of Transportation adopts and incorporates by reference the Department of Administration's employee grievance procedural rules ARM 2.21.8010 through 2.21.8030.

            (2) Department of Transportation employees who have attained permanent status may file a grievance only as provided in ARM 2.21.8010 through 2.21.8030 unless the employee is covered by an exclusive grievance procedure provided under a collective bargaining agreement or a statutory grievance procedure.

(3)  A copy of the Department of Administration's employee grievance procedural rules may be obtained on the Department of Transportation website at www.mdt.mt.gov.

 

AUTH:  2-18-102, MCA

IMP:  2-18-102, MCA

 

REASON:  Proposed New Rule I is necessary to comply with the 2-18-102, MCA requirement that each state agency must adopt effective employee grievance procedures, which MDT proposes to do through adoption of the Department of Administration's existing employee grievance procedural rules. Proposed New Rule I is necessary to provide minimum standards for the procedure to be used to resolve grievances filed by eligible employees and establish an internal grievance procedure consistent with all steps contained in the Department of Administration's grievance rules.

 

4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Elisa Schock, Human Resources and Occupational Safety Division, Montana Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6054; fax (406) 444-7685; or e-mail eschock@mt.gov, and must be received no later than 5:00 p.m., June 12, 2020.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the contact person at the above address no later than 5:00 p.m., June 12, 2020.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 50 persons based on 500 non-union MDT employees or managers.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined the adoption of the above-referenced rule will not significantly and directly impact small businesses.

 

11. With regard to the requirements of 2-15-142, MCA, the department has determined the adoption of the above-referenced rule will not have direct tribal implications.

 

 

/s/ Carol Grell Morris                                  /s/ Michael T. Tooley                     

Carol Grell Morris                                       Michael T. Tooley

Rule Reviewer                                            Director

                                                                    Department of Transportation

 

Certified to the Secretary of State May 5, 2020.