Working Draft 8-16-05
GRIEVANCE PROCEDURES FOR STAFF AND
ADMINISTRATIVE & PROFESSIONAL PERSONNEL
To set forth a procedure for the resolution of grievances for Staff, Administrative employees.
Employee: Refers to a non-faculty individual (exempt or non-exempt) currently employed by the University who has completed his/her probationary period.
Grievance Committee: A committee of the employees’ peers formed to assist employees in the resolution of employment related conflicts.
Grievance Hearing Panel: A subset of the Grievance Committee selected to review and make recommendations for the resolution of a specific employee grievance.
A staff, administrative, or professional employee who is seeking a solution concerning a disagreement, ,,
Employees who feel they are being discriminated against because of race, color, sex, national origin, religion, age, veteran’s status, or disability should immediately and directly take the issue to the Office of Affirmative Action-EEO, which can be reached at (334) 844-4794 or via the web at http://www.auburn.edu/administration/aaeeo/
While the University recognizes the employee’s right to file a grievance, the employe must discuss his/her concerns with the immediate supervisor and/or department head before filing a grievance. If the immediate supervisor is the alleged cause of the grievance, the grievant Experience shows that most concerns can be resolved informally at the supervisory level without the need for a formal grievance. The Human Resources Office provides mediation to assist an employee in resolution of a problem or conflict.
Grievances based upon the termination of a non-probationary employee or the significant or continued reduction of pay as a result of disciplinary qualify automatically for a hearing if a timely request is made by the grievant.
The grievance process is not a formal court proceeding, but is a peer review process for employees to resolve grievances.
The Human Resources Office (HRO) offers mediation services to assist employees. Mediation is a less formal means of settling disputes and is strongly encouraged as an alternative to filing a grievance. The HRO has trained mediators available to facilitate the process. If you need assistance, please contact the HRO at 844-4145 located in Langdon Hall.
Copies of the official Auburn University Grievance Form are available from the Human Resources Office or via the web at http://www.auburn.edu/human_resources/forms/index.html. The form is to be used by all employees seeking resolution of a grievance under the grievance procedure. The Grievance Committee should not consider a grievance unless it is properly submitted on the official grievance form. The completed form shall be submitted to the Human Resources Office, which will be responsible for forwarding copies to the appropriate individuals.
limits prescribed in Article XII below must be strictly followed unless they are
extended by mutual written agreement. Failure of the employee to adhere
to the time limits shall result in his/her waiving all rights under the
grievance procedure for the issue(s) raised in the grievance. Failure of the to adhere to the time limits will
authorize the employee to move to the next step of the grievance procedure. An exception to this rule may be
made in cases when the Grievance Committee Chair requires additional time to
research the issues stated in the grievance.
VIII. EMPLOYEE ADVISOR
Employees shall have the right to have one advisor of their choice present at each step of the grievance procedure. Such advisor may observe all proceedings and may only confer with the employee. The advisor has no formal voice in the process. The advisor, if also a University employee, shall, at such times as approved by the advisor’s supervisor, be granted the necessary time off during working hours to without loss of pay and without charge to annual or compensatory pay. The time needed to prepare grievance materials should be done on the employee’s time off.
The advisor may also be an individual selected from outside the University. However, if the advisor selected by either party is an attorney, notice must be provided to the remaining party through the Grievance Committee. In cases where a grievance is filed by a subordinate against a supervisor, a supervisor may not select an attorney as an advisor unless the grievant has chosen an attorney as his or her advisor. Attorneys must follow the same guidelines as other advisors with regard to participation in the grievance process.
Employees shall have the right to submit a list of potential witnesses to support their allegations. The Grievance Hearing Panel will make the determination as to which witnesses will be called to testify.
Witnesses will not be required to testify under oath. However, each witness who is an employee of the University should be aware that any deliberate falsehood can result in a disciplinary action against the witness.
The Grievance Hearing Panel may grant adjournments of reasonable length to enable either party to investigate evidence if the Hearing Panel believes a valid claim of surprise is made concerning that evidence.
Grievance Hearings shall be closed. No witness (except the parties themselves) will be allowed to hear the testimony of any other witness.
No employee is to take reprisal action against an employee who uses the grievance procedure, serves as an advisor, or participates in any way (e.g. witness) in the grievance process. Any employee violating this prohibition against retaliation may be subject to disciplinary action, up to and including, termination. Additionally, no employee is to use an official position to attempt to improperly influence the grievance process.
In certain instances, a grievance may be dismissed. All parties to a dismissal will be notified in writing. Examples of dismissals are withdrawal by the grievant, determination by the Hearing Panel, or voluntary resignation of the grievant.FGH
An employee is expected to file a grievance along with as they deem necessary, the Human Resources Office within the alleged occurrence. Once the grievance as been filed, the Human Resources Office will forward
The Grievance Committee has working days to make a determination as to whether or not the issue is grievable If the Grievance Committee determines that the issue is not grievable, will mark the appropriate box, state the reason the issue is not grievable, sign the form and to the Human Resources Office. If the Grievance Committee determines that the issue is grievable will mark the appropriate box, sign the form and then proceed to Step 3.
the forward a copy of the grievance form and statement to the . Heworking upon receipt of the documents. When the person against whom the grievance has been filed has completed his rebuttal statement, it should be forwarded, along with all,
working, the appropriate Grievance Committee will theselect a Grievance Hearing Panel(s)
ive In the event that both parties choose the same person, the grievant will have an additional two working days to choose a second member. by the two members of the newly appointed Panel from the Committee s
he Chair will all statements and will
contact all parties to establish a hearing date and location.
The Hearing Panel may admit any evidence that it considers to be of value in determining the issues subject to the Hearing Panel’s judgment as to the relevance, credibility and weight of the evidence. The Hearing Panel may ask the parties to produce evidence on specific issues, may examine witnesses, and may call and examine its own selection of witnesses. the risor
During the hearing, each party will have the right to ask questions of all witnesses appearing at the hearing and may rebut any evidence heard by the Hearing Panel.
Hearing Panel will base its findings and recommendations solely on relevant
facts surrounding the issues and material presented during the hearing. The
Hearing Panel will render a consensus opinion. The Hearing Panel's findings and
statements of recommendations shall be prepared in writing of the Hearing
H will report findings and recommendations to the appropriate Vice President If the Vice President was a party to the original grievance or the direct supervisor of the employee, then the findings and recommendations shall go to the President.
Upon receipt of the Hearing Panel’s recommendation, the Vice President will have dayso note his/her response on the Grievance Form, sign and forward to the Human Resources Office. The Human Resources Office will then notify all parties of the University’s final disposition of the grievance.
No employee will be entitled to more than one formal hearing on the same complaint.
Retention of all records, tapes, and committee notes will be returned to the Grievance Committee Chair who will submit them to the Human Resources Office for final retention.