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CSHO 2013-054 Elsie Duell Department of Licensing and Regulatory Affairs 6/27/2013

RICK SNYDER

GOVERNOR

State of Michigan

CIVIL SERVICE COMMISSION

COMMISSIONERS

THOMAS M. WARDROP, CHAIR

JAMES BARRETT

CHARLES BLOCKETT, JR.

ROBERT W. SWANSON

ACTING STATE PERSONNEL DIRECTOR

JANET McCLELLAND

June 27, 2013

CSHO 2013-054

Ref. No.

2013-00432

Ms. Elsie Duell

(address)

Re:

Duell v.
Department of Licensing and Regulatory Affairs

Dear Ms. Duell:

This is to acknowledge receipt on June 21, 2013, of your grievance appeal of the same date.  Your grievance appeal concerns a written reprimand you received
on March 20, 2013, from the Department of Licensing and Regulatory Affairs (LARA), Bureau of Services for Blind Persons.  After administrative review,
I am dismissing your appeal for the reasons set forth below.

While Civil Service Commission (CSC) Rule 8-1.3, does permit the filing of a grievance regarding a written counseling, the appeal of a Step-2 answer is
limited by CSC Rule 8-2.3, Further Limitations of Grievance Appeals.    The pertinent language in CSC Rule 8-2.3, states:

The following additional limitations apply to a grievance appeal unless the grievant alleges that a tangible adverse employment action resulted from an
action of the appointing authority that violated rule 1-8 [Prohibited Discrimination] or rule 2-10 [Whistleblower Protection]:

***

(c)        Reprimand or counseling.  An employee cannot appeal the final grievance decision of the appointing authority regarding a reprimand or counseling.

You have not alleged violations of CSC Rules 1-8 or 2-10.  For those reasons, your filing cannot be accepted or considered by the Civil Service Hearings
Office.

^2Therefore, because you are not authorized to file the grievance appeal, I must administratively dismiss your appeal under the provisions of CSC Rule 8-4(a)(1).

Very truly yours,

/S/

Sherrie D. Baidoon, Manager

Civil Service Hearings Office

cc:

Frank Russell, LARA

Notice:  This administrative denial may be appealed if received by the Civil Service Commission’s Employment Relations Board within 28 calendar days (
July 25, 2013) of the mailing date on the face of this letter as authorized in Civil Service Commission Rule 8-7, Appeal to Civil Service Commission.  Instructions
and forms for filing an appeal, Civil Service Regulation 8.05, Employment Relations Board Appeal Procedures, and Regulation 8.06, Computing Time and Filing
Documents, can be found at
www.mi.gov/erb.
  Appeals and inquiries should be addressed to the Employment Relations Board, Michigan Civil Service Commission, Capitol Commons Center, 400 South Pine
Street, P.O. Box 30002, Lansing, Michigan 48909; by telephone at (517) 335-5588; by fax at (517) 335-2884; or by e-mail to
MCSC-ERB at michigan.gov.

This is a publication of the Michigan Civil Service Commission. The written document, as published at the time it was issued, is the most authoritative
source of the actual content and format of the decision.