DIXIE STATE COLLEGE OF UTAH

POLICIES AND PROCEDURES MANUAL


Section: 4-Staff

Policy No: 28
Approved: 3/21/96
Revised: 11/17/00

Policy: GRIEVANCE PROCEDURE

4-28 NON-FACULTY EMPLOYMENT GRIEVANCE PROCEDURE

28.1 Purpose

To ensure fair treatment for non-faculty staff members who seek to resolve work-related grievances.

28.2 References

28.2.1 Job Classification Policy 4-4

28.2.2 Corrective and Disciplinary Action Policy 4-26

28.2.3 Termination and Reduction in Workforce Policy 4-27

28.2.4 Discrimination/Harrassment Policy 4-33

28.3 Definitions

28.3.1 Full Time Employee: .75 FTE or greater

28.3.2 Staff Employee: Classified and professional/administrative employees who receive compensation for work or services from funds controlled by the institution, regardless of the source of the funds, the duties of the position, the amount of compensation paid or the percent of time worked.

28.3.3 Employment Grievance: A grievance concerning interpretation or application of personnel policies or practices, working conditions, employee-supervisor relationships, discipline, termination or non-retention, or other personnel matters. Grievances filed under this policy relate to non-faculty employment.

28.3.4 Final and Binding Decision: A final administrative decision. The complainant cannot take the matter any further administratively.

28.3.5 Final and Binding Decision-Maker: The president of Dixie State College of Utah.

28.4 An employee will not be subjected to intimidation or reprisal for assertion of an employment grievance.

28.5 Probationary, part-time, or temporary employees do not have the grievance process available to them regarding lawful termination.

28.6 Probationary, part-time, or temporary employees have access to the employment grievance policy up to and including formal Step 1. The Step 1 solution becomes the final binding decision for such employees.

28.7 If any of the steps are impractical for any reason for a specific case, the Human Resource Director can, in consultation with the administration and Staff Association president-elect, prescribe an alternate grievance process which assures to the staff member appropriate due process in consideration of the grievance. The staff member's right to a hearing before a Grievance Committee can not be denied.

28.8 Time limits provided for conducting the grievance procedure are guidelines and may be extended by mutual agreement between the Human Resource Office and the Staff Association president-elect. Time limits refer to normal work days.

28.9 Problems or complaints involving a claim of discrimination or harassment on the basis of race, color, national origin, religion, sex, age, disability, or veteran's status are processed through the provisions of the Discrimination/Harassment Policy 4-33.

28.10 Appeals or grievances regarding job classification and salaries do not follow this grievance process, but have their own appeals process through the Staff Salary Committee.

28.11 Appeals or grievances regarding termination begin with Step 2 of the Formal Procedures of the Grievance Committee Procedures.

28.12 Informal Procedures

28.12.1 Staff employees should first attempt to resolve their employment grievances through informal discussions with their immediate supervisor.

28.12.1.1 The staff employee will make the grievance known, in writing or orally, to his/her supervisor, within 10 days of the time the grievance arises or from the date the employee should have known of the occurrence.

28.12.1.2 The supervisor will respond within 5 days, of receipt of the grievance by setting up a meeting to discuss the matter or by responding, in writing, to the aggrieved staff member.

28.12.1.3 The staff employee may be accompanied by a friend, fellow employee or a relative during the informal discussions.

28.12.1.4 If the staff employee chooses to be accompanied in the informal process by an employee organization representative, legal counsel or other similar professional, the institution may elect to follow the formal grievance procedures.

28.13 Formal Procedures

28.13.1 Step 1. If a mutually satisfactory agreement cannot be reached between the immediate supervisor and the aggrieved staff employee, then the staff employee has ten days to file, in writing, the grievance, including suggested remedy, to the second-level supervisor, that is the employee's supervisor's supervisor.

28.13.1.1 The second-level supervisor will render a decision, in writing, or conduct a meeting, within 5 days of receiving the written grievance.

28.13.1.1.1 If the second-level supervisor holds a meeting, both the staff member and the first-level supervisor should be present, offering their perspectives.

28.13.1.1.2 Both parties should be able to bring witnesses on their behalf to the meeting, if so desired.

28.13.1.1.3 The second-level supervisor will render a decision, in writing, within 5 days of the meeting.

28.13.1.2 The decision of the second-level supervisor is final and binding for part-time, temporary or probationary staff.

28.13.2 Step 2. The Grievance Committee Procedure: If the second-level supervisor's decision, resulting from step 1, is not satisfactory to the aggrieved full-time staff member, the employee has five working days to submit a formal grievance, in writing, using Grievance Form HR-20, to the Human Resource Director.

28.13.2.1 If the grievance relates to termination, an employee has five working days, after receipt of notification of termination, to contact the Director of Human Resources and begin the grievance process.

28.13.2.2 The Human Resource Director will, within 5 days of receipt of the grievance papers, form a Grievance Committee.

28.13.2.2.1 The Committee will be made up of a chair and an administration representative, chosen by the Director of Human Resources, an employee chosen by the person requesting the hearing and two Staff Association representatives, one of which is the president-elect.

28.13.2.2.2 Three members will constitute a quorum.

28.13.2.3 The Committee Chair will schedule a hearing within 10 days of receiving the grievance.

28.13.2.4 The parties to the grievance will have the opportunity to present to the Committee their positions and supporting evidence, in person if they so desire.

28.13.2.4.1 The aggrieved employee may be accompanied by any person of his/her choice. However, the aggrieved staff member will act as his/her own spokesperson.

28.13.2.5 The Committee will select a member to keep a written record of hearings and findings.

28.13.2.6 Unless the employee has been terminated, reasonable time off, with pay, during scheduled working hours are provided to the employee, his/her representative, and any witnesses, if College employees, for time spent attending or participating in the proceedings. No compensation will be given for time spent in such activities outside scheduled working hours or time or money spent in preparation for such proceedings by the aggrieved employee.

28.13.2.7 The Committee will gather the necessary evidence, consider the findings and relevant policies, and, within 20 days following the hearing, will present, in writing, its findings and recommendations to the final and binding decision-maker. The final decision-maker may refer the grievance back to the Grievance Committee if he/she feels that the Committee needs to consider additional factors. In such circumstances, the Committee has an additional 7 days to submit a written report of its findings and recommendations to the final and binding decision-maker.

28.13.3 Step 3: After reviewing the evidence, the findings and the recommendations of the Committee, the final and binding decision-maker will, within 10 days, inform all parties, in writing, of the final decision.

28.13.3.1 As the grievance moves through the process, the grievant may not add new issues, claims or grievances to the original.

28.13.3.2 An employee may not institute more than one grievance procedure based on the same facts, claims, circumstances or events.

28.13.3.3 All findings, hearing records and decisions will be placed in a grievance file in the Human Resource Office.

28.13.3.4 A copy of the initial grievance and the final decision will be placed in the aggrieved staff employee's personnel file.