A person must initiate a grievance within fourteen calendar days of knowledge of the incident or discriminating practice.

Persons filing formal charges of discrimination for reasons listed above should do so with the Affirmative Action Office. This office processes charges according to the procedures of the Equal Employment Opportunity/Affirmative Action, Policy 1.1.

An employee may initiate a complaint of alleged discrimination within his or her department or with Human Resources Administration. In these cases the dean, director, or department head must report the complaint to the Affirmative Action Office. Designated authorities are to report at two times:  when the claim is initiated and when it is resolved.

• Solely by the employee
  
• Solely by a representative of AFSCME or a representative of the employee's choice
  
• By the employee in the company of a representative of AFSCME or a representative of the employee's choice

Settlement Stage 1

1. Employees are encouraged to bring the problem/grievance to the immediate supervisor as soon as possible after the problem arises, but no later than 14 calendar days after the incident causing the grievance.
   
2. If the problem or complaint involves more than one employee, a single spokesperson or representative of the group may present the problem.
   
3. The grievance may be presented verbally or in writing and within two working days of notice of the problem, the immediate supervisor and employee will meet, informally discuss the problem, and attempt to resolve it. The supervisor will take notes during the meeting which will serve to document the items discussed. A summary of the discussion will be provided to the employee, if requested.
   
4. If the problem/grievance cannot be resolved at this step, the employee may proceed with a formal written complaint to Step 2. Copies of the written complaint and written answers or decisions must be forwarded to Human Resources Administration.

Exceptions
When the problem involves a termination, the notice of termination is regarded as a final decision of Settlement Stage 1. If the employee initiates a grievance, he or she must do so within fourteen calendar days of knowledge of the incident, and the grievance goes directly to Stage 2.

1. The employee must appeal within two working days to the supervisor’s dean or director or designee. If the appeal is on behalf of more than three employees, one or two persons must be designated as a spokesperson or group representative.
   
2. The employee and the supervisor must put their response in writing.
   
3. The dean or director or designee will meet with the grievant to discuss the problem/complaint and has five working days to respond. Copies of written answers or decisions must be forwarded to Human Resources Administration.

1. The employee must make the appeal to the Assistant Vice Chancellor of Human Resources, or designee, for assistance in settling the complaint or grievance within two working days of receiving the Stage 2 response or its due date. If the appeal is on behalf of three or more employees, one to three persons must be designated as a spokesperson or group representative.
   
2. The complaint or grievance and the response must be in writing, and Human Resources Administration will provide assistance with the written complaint or response, if desired.
   
3. If the Assistant Vice Chancellor of Human Resources, or designee, does not resolve the matter within ten working days, the Assistant Vice Chancellor advises the employee of his or her rights to Settlement Stage 4.

Examples of human resources violations include failure to receive eligible vacation, holidays, or overtime compensation as specifically called for by policy wording. Judgments such as salary increases, classification assignments, or performance appraisals are not considered violations of human resources policies.

These types of complaints should be handled through established procedures such as the position classification procedure.

Exceptions for hourly and new staff
Hourly employees and appointed staff who have not completed their initial evaluation period are excluded from Stage 4. Appointed employees during their promotion or transfer performance period are included.

Stage 4 Guidelines

1. The employee must make the request through Human Resources Administration within ten working days of receiving the Stage 3 response or its due date.
   
2. The investigation and hearing is conducted by a chosen hearing officer or arbitrator. (See options below for selecting a hearing officer or arbitrator.)
   
3. Within 15 days (if possible) the hearing body or arbitrator investigates the grievance, conducts the hearing, and writes a report of the findings. The officer or arbitrator then makes a recommendation to the chancellor, or designee, for approval. Such recommendations are advisory in nature. A copy of the written report of findings and recommendations are provided to the employee.
   
4. The chancellor, or designee, accepts or rejects the recommendation and communicates (in writing) such acceptance or rejection to the parties. This step concludes the problem or grievance procedure.

Single arbitrator
The process of identifying a single arbitrator begins with the American Arbitration Association compiling a list of five members. Then, the aggrieved employee (or the employee’s representative) and the university representative take turns striking off names from the list until one is selected. The aggrieved employee takes the first turn. All arbitration expenses of the American Arbitration Association and subsequent member involvement will be shared equally by the aggrieved employee (or the employee’s representative) and the university.

Numerical Index

Revised July 2004                                            Employee Relations 274-8931