609 Grievance Procedures
609.1 General information
Open communication between employees and supervisors is encouraged. The grievance procedure provides means for the prompt, fair consideration of complaints, problems, suggestions, and questions. A grievance is defined as a claim by an individual employee, or group of employees, that the employee’s rights under announced rules and regulations or past practices have been violated. In order to insure that each party in a dispute will be heard, the grievance procedure outlined below has been implemented. This procedure is not available to employees during an appraisal period. In order to be considered, a grievance must follow the steps outlined below:
The first step in the Grievance Procedure is for the grievant to discuss the complaint with the immediate supervisor within two working days after its occurrence or after the grievant knows or should have known of its occurrence. Most problems should be resolved at this point. This is an oral discussion. Each party to the grievance is urged to consider reconciliation and settlement at each step of the grievance procedure. In attempting to resolve a grievance, each party in the grievance procedure is free to request information which may be pertinent to the complaint.
609.2 Written Grievance Procedure
- If the grievance is not resolved in the discussion with the immediate supervisor, the grievant may file a written complaint (called a grievance) with the supervisor within three (3) working days after oral discussions have been completed. The supervisor must provide a written decision on the grievance within three (3) working days after receipt of the written complaint. The supervisor's written decision will be available at the supervisor's office. Copies of the decision should be sent to the supervisor’s division administrator and to the Human Resource Director.
- If the grievance is not resolved by the immediate supervisor, the employee may file a written complaint with the next higher-level administrator. This written appeal process must be repeated at each appropriate supervisory level indicated in the schedule below until the grievance is resolved. The grievant should personally deliver the written complaint to the administrator’s office and pick up the administrator’s written answers from the same office. In cases where this is not practical, certified mail should be used. A copy of the grievant and the supervisor's correspondence will be sent to the Human Resource Director.
GRIEVANCE PROCEDURE
| Grievant Must File Written Complaint With |
|
Supervisor Must File Complaint WIthin |
|
Give Written Answer Within |
| Immediate Supervisor |
|
3 Workdays |
|
3 Workdays |
| Next Level (Dept. Head) |
|
3 Workdays |
|
3 Workdays |
| Next Level (appropriate Dean or Director |
|
4 Workdays |
|
4 Workdays |
| Next Level (Vice-Chancellor if applicable) |
|
5 Workdays |
|
5 Workdays |
| Office of Human Resources |
|
5 Workdays |
|
(see Section 9.3) |
609.3 Final Grievance Step
If the matter still has not been resolved, the employee may present the grievance to the Office of Human Resources and request that it be heard by a Grievance Committee. This request must be made within five (5) working days after receipt of a decision from the final administrative level. A committee of impartial employees with no direct relationship to the situation involved will be appointed by the Chair of the Personnel Advisory Committee. The aggrieved employee may select another University employee to appear with him/her before the Grievance Committee. The committee may discuss the grievance with the employee's supervisors or other University employees. The committee will accumulate and study the statements of fact in the case. The employee(s) and the supervisor will be notified, in writing, at least three (3) working days before the case will be heard by the committee. The grievance hearing is an internal and informal procedure, but the grievant may bring a representative to the hearing for advisement purposes only. If this person is an attorney, he/she will act solely in an advisory capacity to the employee and will not be permitted to take a direct role in the proceedings. The University reserves the right to have its attorney(s) present. Also, if he/she wishes, the employee may have a maximum of two (2) witnesses. The committee reserves the right to call additional witnesses if the situation warrants this action. The parties interested will be notified as to the time and place of the meeting. Failure of either party to appear shall not prejudice the case nor prevent the committee from hearing the case and rendering a decision. If the proceedings concern a group grievance, no more than three (3) members of the group may be present at the review.
The Grievance Committee will submit a written report and recommendations, which are advisory only, to the Office of the Chancellor. The Office of the Chancellor will provide a final determination of each grievance reaching that level. Copies of the decision will be provided to the grievant and all parties involved within ten (10) working days (unless a longer time is mutually agreed upon).
NOTE: When warranted by unusual circumstances (illness, extended absence, etc.) the Human Resource Director may extend or modify time limits in this procedure and the committee may waive the limits set by the procedure as it pertains to the number of witnesses in unusual circumstances.