The Letter of Reprimand Appeal Process for Bargaining Unit Employees
Filing an LOR appeal
Reprimands may be grieved through Step 3 (Agency Level) of the negotiated grievance procedure. If the Union or employee is dissatisfied with the response at Step 3, the Step 3 decision may be appealed within ten (10) calendar days to the Director of the State Personnel Office or his/her designee. At his/her option the Director or designee may meet with the agency representative, the employee and his/her representative or conduct a paper review of the agency decision.
Process for your appeal
A notice of appeal must be submitted in writing and filed with the State Personnel Director no later than 10 calendar days from the date of the level 3 response. The notice of appeal should include: employee name, mailing address and a telephone number, and contact information for the employee’s representative (if appropriate). A copy of the final LOR must accompany the notice of appeal along with:
-A statement outlining the issues and reasons for the appeal;
-Copies of all steps of the grievance and all the responses to each step of the grievance;
-Copies of all additional supporting documentation to the LOR.
Submission of appeal
Appeals should be mailed to: State Personnel Director 2600 Cerrillos Road Santa Fe, New Mexico 87505. Appeals may also be faxed to the State Personnel Director at (505) 476-7778 with a request to confirm receipt. Failure to provide complete documentation may result in a delayed decision.
Recommended Decision
The State Personnel Director or designee shall issue a final and binding decision on the appeal within 21 calendar days after receipt of the appeal.
Disclaimer: The material covered here is relevant to Art. 14 §4 of the Agreement Between The State of New Mexico and AFSCME Council #18 and/or Art. 8 §2 of the Agreement Between the State of New Mexico and SEA-CWA, it is not intended to be all-inclusive. Applicants are cautioned to read the collective bargaining agreement, as well as any governing law or rules, and consult their steward or union representative.