(1) An employee or the employee's representative affected by the implementation of
parts 1 through 3 of this chapter is entitled to file a complaint with the board of
personnel appeals provided for in 2-15-1705 and to be heard under the provisions of a grievance procedure to be prescribed by
(2) Direct or indirect interference, restraint, coercion, or retaliation by an employee's
supervisor or the agency for which the employee works or by any other agency of state
government against an employee because the employee has filed or attempted to file
a complaint with the board is also a basis for a complaint and entitles the employee
to file a complaint with the board and to be heard under the provisions of the grievance
procedure prescribed by the board.
(3) An action that attempts to revise the determination of an employee's classification
and that involves an employee exercising a right conferred by 2-18-1011 through 2-18-1013 in a way that would adversely affect the employee prior to final resolution or entry
of a final order with respect to the action is presumed to be interference, restraint,
coercion, or retaliation prohibited by subsection (2) unless the review was commenced
or scheduled prior to filing of the appeal and was not prompted by the grievance appealed
from. The presumption is rebuttable.
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