SB601 SFA #2 Trump 3-25

Dean  7824

Senator Trump moved to amend the bill on page five, section three, lines twenty-nine through thirty-eight, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:

(2) Failure to state a claim. – The employer may, upon waiver or appeal to level three, file a motion to dismiss asserting that the board lacks jurisdiction under §6C-2-2(i) of this code; that the grievance was untimely; that the grievant has failed to state a claim under this article upon which relief may be granted; or a remedy wholly unavailable to the grievant is requested. Upon filing of the motion, the administrative law judge shall immediately hold in abeyance all other proceedings, and must, within 10 days of receipt of the filing, issue a ruling on the motion or schedule the motion for a hearing. In no event shall a motion to dismiss be held in abeyance while other proceedings take place. Within 10 days of receipt of an order of dismissal, the employee may refile the grievance, in accordance with this article and applicable rules of procedure, if the initial grievance was timely filed.

Adopted

Rejected