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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Judge


PART 23. Grievance Procedure
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23.1 Application and definitions
23.2 Initiating a grievance
23.3 Appeal to the reviewing authority
23.4 Areas of employment subject to the grievance procedure
23.5 Pending grievances
23.6 [Repealed]
23.7 [Repealed]

Section 23.1 Application and definitions.

(a) Application of grievance. The provisions of this Part shall apply to all nonjudicial employees of the State-paid courts and court-related agencies of the Unified Court System who are not represented for purposes of collective negotiations pursuant to article 14 of the Civil Service Law. A nonjudicial employee to whom the provisions of this Part applies shall have the right to present his or her grievance in accordance with this Part, free from interference, coercion, restraint, discrimination or reprisal.

(b) Definitions. When used in this Part, the term administrative authority means:

(1) the clerk of the Court of Appeals with respect to nonjudicial employees of the Court of Appeals;

(2) the presiding justice of each appellate division with respect to nonjudicial employees of the appellate divisions and the courts and agencies which they supervise;

(3) the presiding judge of the Court of Claims with respect to nonjudicial employees of the Court of Claims;

(4) the deputy chief administrator for management support with respect to nonjudicial employees of the Office of Court Administration; or

(5) the deputy chief administrative judge having administrative jurisdiction over the court or agency in which the employee is employed, with respect to all other nonjudicial employees in the Unified Court System.

Historical Note
Sec. repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

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Section 23.2 Initiating a grievance.

(a) An employee shall initiate a grievance by submitting the grievance, in writing, to the administrative authority not later than 45 calendar days after the date on which the act or omission giving rise to the grievance occurred, or when the employee could reasonably have been expected to become aware of, or to have knowledge, that he or she had a grievance. After receipt of the grievance, the administrative authority or his or her designee shall meet with the employee for a review of the grievance. The employee may be represented by a representative of his or her choosing at this meeting, and the employee may present oral statements and written material. The administrative authority or his or her designee shall issue a written decision, and a copy of such decision shall be sent to the employee and to the Chief Administrator of the Courts.

(b) Nothing in this section shall be construed as discouraging the informal resolution of grievances by the administrative authority or his designee.

Historical Note
Sec. repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

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Section 23.3 Appeal to the reviewing authority.

In the event the employee wishes to appeal the decision of the administrative authority, the appeal must be presented in writing to the Chief Administrator of the Courts within 15 days of the date of the determination by the administrative authority. Such appeal shall contain a short, clear statement of the grievance, the basis of the grievance, the relief sought and a copy of the decision by the administrative authority. A copy of such appeal also shall be sent to the administrative authority who previously passed upon such grievance. The Chief Administrator shall conduct such review as he or she deems necessary, and the Chief Administrator shall determine the grievance in consultation with, and with the approval of, the Chief Judge. The determination of the Chief Administrator shall be final. The Chief Administrator, with the approval of the Chief Judge, also shall have the power to reverse or modify any decision made by an administrative authority that is not appealed by the employee.

Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

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Section 23.4 Areas of employment subject to the grievance procedure.

Grievances subject to this procedure shall be limited to:

(a) claims concerning discriminatory supervisory practices, except insofar as such practices as alleged would constitute violations of law;

(b) claims concerning unreasonable work assignments or conditions; and

(c) claims concerning the application of the time and leave rules contained in Part 24 of this Title.

Historical Note
Sec. repealed, new filed July 31, 1970; amds. filed: Dec. 4, 1970; Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

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Section 23.5 Pending grievances.

This grievance procedure shall apply to grievances filed after the effective date of this Part [January 1, 1987]. Grievances filed before that date shall be processed in accordance with the procedures of this Part that were in effect immediately prior to the effective date of this Part.

Historical Note
Sec. repealed, new filed July 31, 1970; amd. filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.

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Section 23.6 [Repealed]

Historical Note
Sec. repealed, new filed July 31, 1970; repealed, filed Jan. 15, 1987 eff. Jan. 1, 1987.

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Section 23.7 [Repealed]

Historical Note
Sec. repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.