3.6.21 Civil Service 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. Only active Civil Service employees not represented by a labor union 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-Discrimination and Non-Discrimination Policy; (2) Board of Trustees Regulations and By-Laws, their meaning and/or interpretation; (3) statutory powers granted the State Universities Civil Service System Merit Board; and (4) State University Civil Service Act and Rules and their meaning and/or interpretation, including but not limited to matters related to demotion, discharge, and dismissal,

Procedure

An employee-selected representative may be involved as an advisor only at any step within the grievance procedure.  The time limits set forth may be extended by mutual written 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 standard 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 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 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 standard 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

The employee may appeal the outcome of the grievance following Step 3 to the Assistant Vice President for Human Resources within five (5) workdays following the written answer from Step 3. This appeal must be done in writing. No new documentation or evidence may be presented or considered at this appeal. A written decision will be issued within ten (10) workdays following the receipt of the appeal letter. This decision is final and binding.