3.4.10 Administrative/Professional Grievance Procedures

Policy

Each supervisor and each employee has an obligation to make every reasonable effort to resolve employment related problems and/or complaints as they arise. In those instances where these efforts prove unsuccessful, the University has established the following procedure whereby grievances may be resolved, except for those matters specifically excluded. Informal discussion of issues that can result in the elimination of misunderstandings and the resolution of disputes in a way that helps to maintain the collegial atmosphere is preferable to formal grievance procedures. Only active Administrative/Professional (A/P) employees have access to this grievance procedure.

Grievance

A grievance is defined as any dispute or difference between the employer and the employee with respect to the meaning, interpretation, or application of University policy. The following matters are not subject to this grievance procedure: (1) violations of the Anti-Harassment and Non-Discrimination Policy (OEOEA); (2) Board of Trustees Regulations and By-Laws, their meaning and/or interpretation; (3) Performance Appraisals (Policy 3.4.9) (4) Job classification and compensation (including salary adjustment), Non-reappointment (Policy 3.4.11), Actions grieved after resignation or voluntary termination, and Hiring decisions, including internal promotion decisions.

Procedure

Any grievance filed by an A/P employee shall be filed in accordance with the procedures below. If grieving a decision issued directly from Human Resources, the grievance will be initiated in writing using formal grievance form at Step 3 of the procedures below. For purposes of this procedure, workdays are considered to be Monday through Friday.

The employee may select a representative from the A/P Council to be involved in an advisory capacity only at any step within the grievance procedure. To invoke this provision, contact the A/P Council Chair. The time limits set forth may be extended by written mutual consent of both parties. If at any step within the grievance procedure the employer fails to respond within the time limits herein set forth, the employee(s) may advance the grievance to the next step within five (5) workdays. If at any step within the process the employee fails to advance the grievance to the next step within the specified time frame, the employer may consider the grievance null and void.

Step 1:

Within five (5) workdays after the first occurrence, or within five (5) workdays after the employee, through the use of reasonable diligence, should have been aware of the circumstance(s) or condition(s) causing a grievance, the employee(s) must orally present the grievance to the immediate supervisor. The immediate supervisor will provide an oral response within five (5) workdays after such presentation.

Step 2:

If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2, they must do so in writing to the Department Head or her/his designee within five (5) workdays after the supervisor's oral response outlined in Step 1. The written grievance must be submitted on a formal grievance form available from Human Resources, must be signed by the employee, and must contain a complete statement of the facts, the provision or provisions of University policy which the employer is alleged to have violated, and the relief requested. The Department Head or her/his designee will meet and conduct an investigation, as necessary, in an attempt to resolve the grievance with the employee at a time mutually agreeable to the parties. If no settlement is reached, the Department Head or her/his designee will provide a written response to the grievance within five (5) workdays following the meeting.

Step 3:

If the grievance is not settled in Step 2 and the employee wishes to advance the grievance to Step 3, they must do so in writing to the Director, Labor Relations at Human Resources within five (5) workdays after the department head's written response outlined in Step 2.

If the decision being grieved was issued directly by the Office of Human Resources, the written grievance must be submitted within five (5) workdays after the occurrence they are grieving on a formal grievance form available from Human Resources, must be signed by the employee, and must contain a complete statement of the facts, the provision or provisions of University policy which the employer is alleged to have violated, and the relief requested.

A meeting between the Director, Labor Relations or her/his designee, the supervisor and/or Department Head, and the employee will be held at a time mutually agreeable to the parties. If no settlement is reached, the Director, Labor Relations or her/his designee will provide a written answer to the grievance within five (5) workdays following the meeting.

Appeal:

If the final decision is not acceptable to the Grievant and/or to the Respondent, the dissatisfied party has five (5) working days to submit a written request for an administrative review to the President or his/her designee. (Should the President be the Grievant or the Respondent or a named party in the grievance, the administrative review shall be conducted by the designee for final determination).

If the President or designee determines that the Major Area Administrator has erred, the matter shall be remanded to the Major Area Administrator with direction to modify the decision.

If the President or designee sustains the decision of the Major Area Administrator, the President shall notify the Major Area Administrator and the dissatisfied party in writing that the decision stands.