ER 46.02(9) (9) “Step” means a level of management authority where a grievance may be pursued.

ER 46.02(10) (10) “Work rule” means a written regulation promulgated by the employer within its discretion which regulates the conduct of employees as it affects their employment.

ER 46.02 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (4) and (6) to (8), Register, May, 1988, No. 389, eff. 6-1-88.

ER 46.03 ER 46.03 Scope.

ER 46.03(1) (1) Under this chapter, an employee may grieve issues which affect his or her conditions of employment, including any matter on which the employee alleges that coercion or retaliation has been practiced against the employee except as provided in sub. (2).

ER 46.03(2) (2) An employee may not use this chapter to grieve:

ER 46.03(2)(a) (a) A personnel action or decision of the director or the administrator that is directly appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;

ER 46.03(2)(b) (b) An action delegated by the director or by the administrator to an appointing authority that is directly appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;

ER 46.03(2)(c) (c) A demotion, suspension without pay, discharge, removal, layoff, or reduction in base pay that is grievable under s. 230.445, Stats.;

ER 46.03(2)(d) (d) A personnel action after certification which is related to the hiring process that is appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;

ER 46.03(2)(e) (e) Denial of hazardous employment benefits under s. 230.36 (4), Stats.;

ER 46.03(2)(f) (f) The reassignment of a career executive employee under s. ER-MRS 30.07 (1);

ER 46.03(2)(g) (g) The failure of a supervisor to process a reclassification request.

ER 46.03(2)(h) (h) An oral reprimand;

ER 46.03(2)(hg) (hg) A written instruction related to job performance or work conduct;

ER 46.03(2)(hr) (hr) The evaluation methodology used by an employer to determine a discretionary pay award or the amount of the award;

ER 46.03(2)(i) (i) The content of written agency rules and policies;

ER 46.03(2)(j) (j) A condition of employment which is a right of the employer as defined in s. ER 46.04; or

ER 46.03(2)(k) (k) Any matter related to wages, hours of work, and fringe benefits.

ER 46.03 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; reprinted to correct an error in (2) (b), Register, September, 1984, No. 345; am. (1), (2) (i) and (j), cr. (2) (k), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (2) (a), (b) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) (b) to (d), cr. (2) (hg), (hr), Register July 2018 No. 751, eff. 8-1-18.

ER 46.04 ER 46.04 Management rights.

ER 46.04(1) (1) Nothing in this chapter is intended to interfere with the sole right of the employer to carry out its statutory mandate and goals under s. 111.90, Stats.

ER 46.04(2) (2) For the purpose of this chapter, the management rights of the employer include, but are not limited to, the following:

ER 46.04(2)(a) (a) Utilizing personnel, methods and means to carry out the statutory mandate and goals of the agency.

ER 46.04(2)(b) (b) Determining the size and composition of the work force.

ER 46.04(2)(c) (c) Managing and directing the employees of the agency.

ER 46.04(2)(d) (d) Hiring, promoting, transferring, assigning or retaining employees.

ER 46.04(2)(e) (e) Establishing reasonable work rules.

ER 46.04(2)(f) (f) Taking disciplinary action for just cause against an employee.