DIFFERENCES BETWEEN Old and New A & P Grievance Procedures

OLD: What Constitutes a Grievance - A grievance is an allegation by an employee that there has been a violation, misinterpretation, misapplication, discriminatory or unreasonable application of a University policy, procedure, rule, or regulation regarding the employee's employment conditions. The appeal process in the employee grievance procedure is not a formal court proceeding. It is an investigation into allegations with the intent to resolve those deemed factual. Discussions about work-related complaints should begin with the person's immediate supervisor. If this effort does not produce a satisfactory resolution of the problem within a reasonable time frame, the grievant may appeal to his or her peer employee group for consideration through the Administrative and Professional Grievance Committee. Grievance allegations between employees represented under different grievance policies will be decided under the jurisdiction of the grievance policy which first receives and responds to the grievance. Issues of discrimination, harassment and other civil rights issues should be referred immediately and directly to the Office of Affirmative Action/EEO. NEW: Removal of the word “discrimination”. Discrimination procedures are NOT handled through a Grievance Procedure and this will eliminate any confusion.

OLD: General Procedure for Resolution of Grievances - A member of the University Administrative and Professional employee group who believes that he or she has a grievance must discuss the matter thoroughly with his or her immediate supervisor. This discussion should be initiated by the grievant within fifteen working days (excluding weekends and authorized University holidays) after the grievant becomes aware of the subject of the grievance and in no event later than six months after the occurrence giving rise to the grievance. During this discussion, the grievant must define clearly the nature of the grievance and specifically request that a decision be made by the supervisor. The supervisor will respond with a decision as soon as possible but no later than 15 working days after the discussion. If the supervisor does not provide a timely response or if the grievant is not satisfied by the response, the grievant may request that the Administrative and Professional Grievance Committee provide informal mediation. NEW: Gives up to 45 Days from the occurrence for mediation and grievance proceedings to begin. The person to whom the grievance has been filed has 10 days to respond.

OLD: Mediation handled by Grievance committee members. Not adequately trained to handle process. NEW: The Mediation process is handled prior to Grievance Proceedings. The grievant has 30 days to contact Human Resources to request a mediation. This is not a required step in the process.

OLD: Committee polled to determine if an issue is grievable. Discussion of facts presented to all committee members in this process. NEW: The Chair of the Grievance Committee now reviews the allegations and makes a determination (within 5 days) without exposing the complaint to the entire committee prior to a decision being made if it can be grieved. Human Resources is in an advisory role to the Chair. Eliminates bias.

OLD: Liaison person is appointed by the Grievance Committee Chair to serve the Hearing Panel. They assist the Panel by arranging facilities, witnesses, routine support as needed. (this was typically HR in the past) NEW: Chair of the Grievance Committee takes over these responsibilities.

OLD: Representation: Grievant has the right to have anyone represent them and have them assist at the hearing. If an attorney was hired by either party, Grievance Chair was to be notified. The attorney was allowed to participate in Hearing due to lack of clarity in procedure. Peer review process reduced to mock trial for many. NEW: Representation has been clarified. The procedure indicates grievant’s advisor/representative is in an advisory role only and is not allowed to take charge of presentation or interrogate the other party/witnesses. If an attorney is hired by either party, the other person is required to let the Chair know so that the other party can be made aware. Also, now an Attorney follows the same guidelines as advisors and are not allowed to participate, just be an advisor to the party.

OLD: Leave Time issues: Liaison or Representative selected by Grievant (employed by the University) was allowed to take off from their job duties without having to take annual leave. NEW: During preparation for the Hearing, Representatives are required now to work on this with the grievant on their own time. During the Formal Hearing they are allowed to be absent from work without having to take annual leave.

OLD: Arrangement of Grievance Hearings …The Hearing Panel will ensure that a thirty-day interval occurs between the official announced date for the grievance hearing and actual hearing date to allow for the preparation of statements. NEW: Chair of the Committee distributes the documents and establishes a hearing date and location at the earliest convenient time for all parties involved. Committee is not waiting on HR or any other group to establish dates for hearing.

OLD: The grievant had 15 working days to produce a statement of the grievance after the Hearing Panel had been selected. NEW: This is completed at the beginning when the form is filled out. Expedites process for parties.

OLD: Final Disposition given to VP or President. Allowed 60 days to review and make recommendations. NEW: VP or President is given 30 days to review.

NEW IN PROCEDURE: *Definition of what is and is not grievable *Creation of form to assist employee with format – simplifies procedure. *Establishes procedure for centralized file retention *Allows an affidavit by a witness who can not attend the Formal Hearing. *Time limitations added/process specified from start to finish

General Advantages to New Procedure *Simplified Process. *Confidentiality is provided. Chair reviews (and determines if issue is eligible to be grieved) prior to entire committee seeing the documents. *Confidential file retention. *Definition of what is and is not grievable. *Time limits enhances process. Process reduced typically from 6-8 month period down to 3-4 month proceedings. *Mediation is provided separate from Grievance. *Protection to the Hearing Panel and Grievance Committee by requiring Attorneys to be in an advisory role to the grievant/supervisor rather than participating in the proceedings. *Allows witnesses to have an affidavit submitted if they can not be in attendance.