12.03 Merit System Grievance and Appeals Procedure
Step I. Administrative Supervisor/Academic Department Head
The institutional or merit system rule which has allegedly been violated will, at this step, be reviewed by the concerned employee and his/her immediate administrator. It is presumed that the majority of disputes, complaints or misunderstandings will be resolved at this point. If the employee is not satisfied after review of the matter at this level, he/she may within ten (10) working days after the occurrence of the matter or within ten (10) working days after such time that he/she had, or could reasonably be expected to have, knowledge of such occurrence, file a written grievance with the employee in writing within five (5) working days after receiving the grievance.
Step II. Administrative Director/Academic Dean
If the employee is not satisfied with the decision rendered at Step I, he/she may within five (5) working days after receiving that decision, appeal it to his/her administrative director/academic dean. The decision rendered at Step I may be affirmed, reversed, or modified. The employee will be notified of the decision rendered at Step II within ten (10) working days after receiving the appeal.
Step III. Division Vice-President/Resident Director
If the employee is not satisfied with the decision rendered at Step II, he/she may within five (5) working days after receiving that decision, appeal it to the head of the major operating division in which he/she is employed. The division head and the resident director will jointly represent the institution at this step of the appeal procedure. The decision rendered at Step II may be affirmed, reversed, or modified. The employee will be notified of the decision rendered at Step IV within ten (10) working days after receiving the appeal.
Step IV. President
If the employee is not satisfied with the decision rendered at Step III, he/she may within five (5) working days after receiving that decision, appeal it to the President of the University. The President or his/her designee will investigate the grievance and will give the employee the right to present his/her case orally. The decision rendered at Step III may be affirmed, reversed, or modified. The employee will be notified of the decision rendered at Step IV within ten (10) working days after receiving the appeal.
Step V. Arbitration
If the employee is not satisfied with the decision rendered under Step IV, he/she may within five (5) working days after receiving that decision, request a hearing before an arbitrator (see Section 3.129(2) Arbitration.) The arbitrator selected will inform both parties in writing of his/her decision within thirty (30) calendar days following the conclusion of the hearing.
Separation from University service may, for just cause, be initiated by an administrative supervisor/academic department head with the immediate suspension of an employee pending a formal discharge action. A suspension pending discharge is effected with or followed immediately by a letter to the suspended employee identifying conditions necessitating suspension and recommended discharge. The appropriate administrative director/ academic dean and the resident director of the Regents Merit System will complete an investigation and take required action on the recommended discharge.
In lieu of the procedure set down in Step I through Step III in the event of discharge of an employee shall be granted a fair hearing by the President of the University or his/her designated representative if request therefor is made within three (3) working days following receipt of the formal discharge notice.
The President or his/her designee at Step IV will investigate the circumstances surrounding the discharge action and will give former employee the right to present his/her case orally. The President or his/her designated representative may, following the hearing, recommend reinstatement with back pay, confirm the discharge, or make such other findings as, in his/her judgment, is dictated by the facts, including reinstatement upon such conditions as he/she may specify. The separated employee will be notified of the decision within ten (10) working days after the appeal is received. The former employee may request review of the discharge action by an arbitrator providing a permanent appointment had been held.
Employees in the initial probationary period are allowed access to the grievance procedure with the right to appeal in writing at steps within the institution.
NOTE: The written grievance is to contain a brief description of the complaint or dispute and pertinent circumstances and dates of occurrence. The grievance statement will specify the institutional or merit system rule which has allegedly been violated and will state the corrective action desired by the employee.
At each step of the grievance procedure, the employee may be represented by one or two persons of his/her choosing. The names of such representatives will be noted on the written grievance and each subsequent appeal. Presentations, reviews, investigations, and hearings heldunder this procedure may be conducted during working hours, and employees who participate in such meetings will not suffer loss of pay as a result thereof.
If an employee does not appeal a decision rendered at any step of this procedure within the time prescribed by these rules, the decision will become final. If an institutional representative does not reply to an employee's grievance or appeal within the prescribed time, the employee may proceed to the next step. With the consent of both parties, any of the time limits prescribed in the rules may be extended.
White (Original) copy - Grievance file in process
Blue Copy - Aggrieved employee copy
Release-Time For Grievances
A Merit System staff member desiring to consult with a steward concerning a possible contract violation, or with up to two representatives concerning a potential Merit System Rule violation, will make such request to his or her immediate supervisor. The supervisor shall contact the steward or representative's supervisor or manager and arrange the meeting.
Such grievance meetings will be scheduled as quickly as possible, allowing a maximum of one hour in pay status for the participants and at a time which is least disruptive to the participants' respective work schedules. Whenever possible, the meeting will be scheduled during the last working hour of both grievant and steward or representatives.
Participants will be granted normal transport, wash-up, and/or time card preparation time when meetings are scheduled for the last working hour of the day.Vice President for Administrative Services, 1981