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Earlier Drafts of the Employment Law

The following is a list of the various drafts of the Employment Law – showing the changes made as more feedback was received from the membership, employees, and HRD:

1/19/17 Draft 22 Includes updates to incorporate the Chief Executive Director of Administration (CEDA)
10/26/16 Draft 21 Includes new language for appeals and updates the employee records access section.
7/26/16 Draft 20 Pulling the accruals into the law to they remain subject to GTC approval for modifications, adding a requirement that HRD report on Oneida and Indian Preference in hiring trending data, and going back to allowing the Judiciary, in its discretion, to provide fee waivers.
6/1/16 Draft 19  Strengthening language that would prevent the Judiciary from assessing any filing fees against employees appealing employment matters to the Judiciary.
5/18/16 Draft 18  Adding Oneida and Indian Preference language to the purpose statement; adding to the applicability to elected officials section to include the Oneida Nation School Board and Oneida Police Commission which each have MOA’s affecting their employment matters; removing the requirement that HRD enter an MOU with the OBC and changing it to a reporting requirement; adding provisions that where an Oneida-only position is filled by a non-Oneida for lack of qualified applicants that such position be under contract so it may be reassessed if there any other available Oneidas to fill the position at the end of the contract term; requiring OBC approval to modify any insurance and employee benefits plans offered; updating the appeal process to include reference to the internal review level; and changing that the Judiciary “may” waive to filing fees to requiring the filing fees be waived.
 3/15/16 Draft 17 The main change was to include adoption in the definition of “immediate family member”
3/9/2016 Draft 16 Updating the philosophy statement; updating the discipline and grievance section to open up the second level of review to all claims rather than limiting them to deprivation of equal employment opportunities.
3/2/2016 Draft 15 Repeals GTC Resolution 05-23-11-A regarding strengthening Indian Preference in Hiring, removes HRD’s authority to issue guidance opinions, moved the exceptions to the GED policy into the Handbook, and clarified the ability to provide employment records of employees alleged to have committed an illegal act (don’t have to wait for conviction, the goal is to help with the investigation); removed the rulemaking process from the law and incorporated a reference to the newly adopted Administrative Rulemaking law.
2/12/2016 Draft 14 Changes the name of the Administrative Court to the Administrative Hearing Court and makes the waiver of the judiciary’s fees optional as opposed to mandatory.
1/20/2016 Draft 13 Repealed OBC Resolutions that have been included in the Employee Handbook (Rules); Updating Employee Records Information; and Responses to Personnel Commission: Updating the Appeal Process to include Adverse Employment Actions and Updating the Definition of At-Will Employee.
12/11/2015 Draft 12 Updated Employee Records Information
10/21/2015 Draft 11 Repealed OBC Resolutions that have been included in the Employee Handbook (Rules)
10/16/2015 Draft 10 Repealed TB Control Program Resolution and Included Similar Provision within the Law
10/14/2015 Draft 9 Updated Policy Statement, Started List of Items Repeals by Employment Law, Updated Definition of Employee, Included Information on Employee Records, Updating Appeal Process
10/12/2015 Draft 8 Updated Definition of Immediate Family Member, Included Applicability to Elected Officials
10/5/2015 Draft 7 Updated Purpose Statement and Indian Preference Language
10/5/2015 Draft 6 Updated Compensation Plan and Included Reference to Furlough Policy
10/01/2015 Draft 5 Defining At-Will Employee, Exempting the Tribe from Title VII
9/25/2015 Draft 4 Includes Information on Direct Reports to OBC in the Appeal Process
9/25/2015 Draft 3 Includes Rulemaking Process for HRD
9/15/2015 Draft 2 More Discussion of Rulemaking, Updating Drafting Styles and Revised Appeal Process
02/04/2015 Draft 1 Original draft

 

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