Grievance Procedure

Grievance Form
Grievance Time Lines

In working together from day to day, it is normal for employees to occasionally have problems or complaints affecting their work-related activities. It is important to work out a solution to these problems as quickly as possible. It is the university's view that most problems can be resolved through informal discussions between employee and supervisor in the department. You are encouraged to talk about work-related problems with your immediate supervisor. If you are not satisfied with the outcome, you may wish to use a more formal process—the grievance procedure - to seek a solution.

What is a grievance?

A grievance is a formal complaint, and the university's Problem or Grievance Resolution policy outlines the formal process to address day-to-day complaints/problems.

Who can file a grievance?

All staff employees can file a grievance whether appointed or hourly, professional or support and service. New employees who have not completed their new employee evaluation period do not have access to the grievance procedure for issues concerning corrective action, layoff, or termination. Other issues, however, may be grieved through Stage 3. Students, faculty, and professional employees classified as PC are not eligible to use the grievance procedure. You may exercise your right to file a grievance without fear of retaliation, harassment or negative impact on your employment relationship with the university. Grievances are confidential and are not included in your personnel file.

What can I file a grievance about?

Many types of complaints can be addressed through the grievance procedure. Corrective actions and personnel policy violations are the most common complaints filed. Employee concerns regarding unfair treatment may also be grieved. If however, you feel you have been treated unfairly because of your age, color, disability, ethnicity, gender, marital status, national origin, race, religion, sexual orientation, or status as a Vietnam-era veteran, you should contact the campus Office of Equal Opportunity at 274-2306. The Office of Equal Opportunity also handles complaints involving sexual harassment. Complaints involving judgments such as salary increases, salary range, classification assignment, and performance appraisals cannot be addressed through the grievance procedure.

When do I file a grievance?

The grievance procedure has time limitations, which are outlined at each stage of the process. These time limits may be extended if both parties agree to the additional time needed. The most important time restriction to remember is that your grievance must be filed within 10 working days from when you know about the situation causing your complaint.

How do I file a grievance?

At first, you may want to talk to your supervisor about your complaint/problem and try to resolve the matter in the department where you work. Grievances must be presented in writing, and you may use a grievance form. You can get a form online at www.hra.iupui.edu or you can pick up the form at Human Resources Administration (HRA) in Room 340 of the Union Building. Complete the appropriate sections of the grievance form and present it to your immediate supervisor, dean/director or Human Resources office (see Stage 1 for the correct person). For questions about the grievance procedure or for help in writing your grievance, contact HRA at 274-8931 or Theresa Martin or Neelam Chand via email.

You are allowed to have someone help you file a grievance and state your complaint during a grievance meeting. This person is called a representative and usually is someone with whom you feel comfortable - a coworker or union steward, for example. Your representative cannot be directly or indirectly involved with an employee organization not recognized by the university (a union other than AFSCME). Attorneys are not permitted except at Stage 4.

You and your representative will be allowed a reasonable amount of time during working hours to attend the grievance meetings. You must get prior approval from your supervisor for this time away from your job. You will be paid for time spent in formal grievance meetings. Time spent preparing your grievance is without pay and is to be done outside your working hours.

Grievance Stages

Stage 1

If you decide to file a grievance, you must do so within 10 working days from the time of your knowledge of the situation causing the grievance. For example, on August 15, your supervisor talks with you about your poor attendance and informs you that you will receive a "write up" (disciplinary action). On August 17 you receive a copy of the written warning. You had knowledge of the disciplinary action on August 15 when your supervisor spoke with you.

Your complaint or problem is first directed to the immediate supervisor with a copy to Human Resources. Human Resources will inform you and your supervisor if the issue is appropriate for the grievance procedure. You and the supervisor will try to resolve the complaint or problem by meeting to talk about your concerns. The supervisor has five working days (not counting weekends and holidays) to reply. The supervisor must forward a copy of his or her written response to you and Human Resources. If the supervisor's response is unsatisfactory to you, or if you do not receive a response with the five-day timeframe, you may appeal to Stage 2.

Exception to Stage 1: - If you are grieving a termination, skip to Stage 2. Human Resources may elevate the initial filing of any grievance to Stage 2 or Stage 3 if it is appropriate to do so.

Stage 2

If you wish to proceed to Stage 2, you must do so during your next five working days following the response at Stage 1. The grievance is directed to the Dean or Director of the immediate supervisor. The Dean or Director has five working days (not counting weekends and holidays) to attempt to resolve the grievance and to respond to you. If the Dean or Director's response is unsatisfactory to you, or if you do not receive a response within the five-day timeframe, you may appeal to Stage 3.

Stage 3

If you wish to continue your grievance, the response at Stage 2 must be appealed in writing during your next five working days (not counting weekends and holidays) to the Manager of Employee Relations and Benefits or designee in Human Resources. If you do not receive an answer at Stage 2, Human Resources will request a final decision from the Dean or Director in writing. Human resources will try to resolve your grievance and will respond to you within 10 working days. The response may be final, or, in some situations if you are not satisfied with the response, you may choose to go on to Stage 3.5 or 4.

Stage 3.5

You may ask for a committee review of your grievance if the following conditions are met:

• You are an appointed service or maintenance employee beyond your new hire probationary period.
• The grievance issue is a termination of your employment or a violation of Human Resources Policy.
• The Stage 3 response is unsatisfactory to you.
• You appeal in writing to the Assistant Vice Chancellor of Human Resources or a designee in Human Resources within 10 working days of receiving the Stage 3 response. 

Stage IV

A grievance can be appealed to Stage IV is all of the following conditions are met:

• You are an appointed beyond your new hire probationary period.
• The grievance issue is a termination of your employment or a violation of Human Resources Policy.
• The Stage 3 response is unsatisfactory to you.
• You appeal in writing to the Assistant Vice Chancellor of Human Resources or a designee in Human Resources within 10 working days of receiving the Stage 3 response.

Stage 4 of the grievance procedure is very detailed. Following your request for a Stage 4 hearing, a meeting will be scheduled with Human Resources to discuss the full details of this hearing.

This brochure is intended only to summarize the university's Problem and Grievance Resolution policy. Read the entire policy for a full explanation and specific language of this policy.

Resources

Problem and Grievance Resolution Policy for employees not represented by a union
Problem and Grievance Resolution Policy for Service and Maintenance employees
Release Time for Union Activities Policy
Grievance Time Limits
Grievance Request Form

Training Available

Handling Grievances: What Every Supervisor Needs to Know - This workshop presents an overview of the university's grievance procedure as well as how to investigate a grievance. Learn the do's and don'ts of effectively handling a grievance and the importance of investigation and evidence. Attendees will experience a mock grievance hearing which illustrates the complexity of the grievance process.