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.
Discharge
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.
Discharge Appeal
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 | 
