Administrative and Professional Assembly
Aug. 11, 2005

3 – 4:15 pm in 217 Foy Union
Pending Approval

The meeting was called to order at 3:05 PM by Chairperson Harriette Huggins.

The Assembly roll was called by the Secretary. Assembly members who were not in attendance were Barnese Adair-Walker, Joan Aston (work conflict), Keith Camp, Missy Long (previous commitment), Melissa Morris (work conflict), Julie Nolan (work conflict), Kirsten Perkins (out of town), Melvin Smith, and Martha Taylor (out of town).

The minutes from the 06/22/05 A&P Assembly meeting were approved as amended.

Special guests Jenny Swaim and Tissie Walker from the Staff Council, and Lynne Hammond, Asst. VP Human Resources were recognized by the Chairperson.

Comments from the Chair
Certificates were presented in recognition of A&P Committee Service 2001-2004 to the following:

A Child Care Working Group has been established. Katie Crew, Editor in the College of Education Office of External Relations and the mother of two young children, has been appointed by the Chair to represent A&P.

Members are encouraged to visit the Strategic Planning Initiative web site at http://www.auburn.edu/administration/spc/ and be part of the process. Another member suggested reviewing the Master Plan as well

In response to our Interest Survey, the following assignments were made to A&P committees to explore the top 5 issues identified through the Survey:

Progress on these issues of interest will be reported at upcoming A&P meetings.


Unfinished Business

Grievance Procedure Policy Changes
Cindy Selman, Kathy Harmon, Jenny Swaim, and Lynne Hammond discussed pending changes to the A&P (and Staff Council) grievance procedures (see Appendix 1) and request form (see Appendix 2). These proposed changes have been posted on the A&P web site for the past month for review by the A&P membership. The objective of these changes is to have one consistent policy that applies to both A&P and staff employees. Current grievance policy is confusing to all parties. These changes will also include clarification as to what is grievable. A streamlined policy will better enable both groups to handle grievances in a more timely manner, an area that has been a concern. Better maintenance of grievance records is needed. A process for forwarding all records to Human Resources for retention will be included in the policy. These policy changes seek to clarify that grievance is an internal peer review process and the influence of outside advisors should be limited. It was noted that mediator training is desirable. Human Resources will be involved in the mediation process. Both individual policies are being reviewed and combined into one policy.

Through feedback from the Assembly, it was noted that the definition of “employee” needs to be changed. A&P or staff employees may report to a faculty member so defining Employee as “a non-faculty individual” is insufficient. Lynne Hammond will explore this issue.

It was suggested that we offer a form that outlines specific wording for what needs to be included in a grievance claim to make filing easier on the complainant. Concern was expressed that such an outline may be “putting words in to their mouth” and it was concluded that the Grievance Form currently included in the policy is adequate.

This policy is currently being reviewed. Lynne Hammond is the “keeper of the draft.” Don Large is in favor of one policy for both groups and Lee Armstrong, University Counsel, is currently reviewing the document. Cindy Selman will send the revised version to the A&P Chair for distribution to the membership and for posting on the A&P discussion board.

The final version of the proposed policy will require the approval of the University president because it is in the Policy Manual. A Grievance Policy is granted to us by the President and he/she allows us input and participation. These proposed changes to that policy can only be presented to the University President as a recommendation. Because the Grievance Policy is included in the A&P Constitution, if the President approves the policy then A&P will need to change our Constitution. Any changes we make to the policy in our Constitution are not binding if not also approved by the University president. The policy is not defined by the A&P Assembly.

The question was raised as to why the Grievance policy is in the A&P constitution. Since the University President defines this policy and not A&P regardless, including it in our Constitution seems inappropriate. After some discussion the following motion was made by Pat Deery and seconded by Tony Ventimiglia:

That the Grievance Policy be removed from the A&P Constitution.

This motion passed unanimously.

Pat Deery made another motion which was seconded by Cathy Ramey:

That the A&P Executive Committee be empowered to form a committee which will include the Chair of the A&P Grievance committee and Kathy Harmon, charged with recommending a single grievance policy on behalf of the A&P Assembly.

The following friendly amended was offered by Drew Burgering and accepted:

That the committee formed by the A&P Executive Committee will disseminate their final version of the policy to the membership and solicit their feedback prior to submitting it to the President for approval.

This motion as amended passed unanimously.

There are currently no A&P grievances pending. Any employee who begins a grievance policy before the recommended revisions take effect will be informed of the changes that are coming.

Intimate Relations Policy
The Assembly discussed the removal of references to Staff and A&P currently included in the University Senate’s Intimate Relations policy. Once those references are removed, this policy will address faculty only. The University Senate will vote on this version at their next meeting. According to Lynne Hammond, AU Human Resources, the interests of staff and A&P employees are being addressed by modifications of current Nepotism and Sexual Harassment policies. She gave her assurance that A&P members will be involved in the process to modify those policies.

The following motion was made by Tony Ventimiglia and seconded by April Staton:

That the A&P Assembly endorses the current version (June 22) of the University Senate’s Intimate Relations policy.

This motion passed unanimously.

It was also noted that Graduate Students (not just teaching assistants as specified in the University Senate’s policy) should be addressed in policies related to A&P employees.


New Business

Nominations & Elections Committee Report
The Nominations & Elections Committee report was presented by Altamese Stroud-Hill. The committee met on July 25 to review nominations for vacant A&P committees. There were not enough nominations representing the VP areas needed to prepare a full slate of nominees. Further requests for identifying person who may be willing to serve were sent to Assembly representatives and they have been very responsive in helping to garner more nominations.

At the scheduled October 20 A&P Assembly meeting, the Nominations & Elections Committee plans to present a full slate of nominees to fill the A&P committee vacancies. Biographies will be included with the nominations presented. The slate and biographies will be made available to the A&P Assembly representatives prior to the October 20 meeting and vote.

Suggestions from the Assembly following this report for gathering more nominees included the following: place a notice with vacancies in VP areas in AU Daily, Assembly members use their e-mail lists to solicit nominees from their constituents, and a reminder that representation on the Grievance Committee is the only committee that has to have proportional representation. The nominations deadline is Oct. 1

Professional Development Committee Report
A report from the Professional Development Committee was presented by Wiebke Kuhn. Last year, their committee conducted a survey to determine what A&P members valued in their professional development. The recommendations that came out of this report were brought before the A&P Executive Committee who requested that the Professional Development committee develop a plan of action to respond to the recommendations. The Committee has been drafting this plan and wanted to ensure that it reflects correctly what Human Resources has been working on: the soon to be implemented Performance Management System. Based on the feedback received from Chuck Gerards and Pat Deery in HR, the Professional Development Committee decided that they need to revise the plan thoroughly. That work is ongoing.

Public Forum

What is the status of the Classification and Compensation project?
The A&P Chair will follow up with Human Resources to get an answer to this question.

Members are urged to review the University’s strategic plan and be involved in the process. This is an opportunity for all of us to have our voice be heard.

This meeting was adjourned by the Chair at 4:10 pm.


Respectfully submitted by
Cathy Ramey, Secretary, A&P Assembly


Appendix 1

In PDF format here http://www.auburn.edu/administration/governance/ap/grievance_policy_final_draft.doc

Final Draft

GRIEVANCE PROCEDURES FOR STAFF AND
ADMINISTRATIVE & PROFESSIONAL PERSONNEL

I. PURPOSE

o set forth a procedure for the resolution of grievances for Staff, Administrative and Professional employees.

II. DEFINITIONS

Employee: Refers to a non-faculty individual (exempt or non-exempt) currently employed by the University who has completed his/her probationary period.

Grievance: A grievance is an allegation by an employee that there has been a violation, misinterpretation, misapplication, discriminatory application or unreasonable application of a University policy, procedure, rule, or regulation regarding the employee's employment conditions.

Grievance Committee: A committee of the employee’s peers formed to assist employees in the resolution of employment related conflicts. (Insert information about selection of committee members.)

Grievance Hearing Panel: A subset of the Grievance Committee selected to review and make recommendations for the resolution of a specific employee grievance. (Insert information about selection of hearing panel members.)

III. GENERAL POLICY

A staff, administrative, or professional employee who is seeking a solution concerning disagreements arising from working conditions, employment practices, or difference of interpretation of policy may file a grievance.

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 employee is strongly encouraged to discuss his/her concerns with the immediate supervisor and/or department head before filing a grievance. Experience shows that most concerns can be resolved informally at the supervisory level without the need for a formal grievance. The Human Resources Office also provides mediation services to assist an employee in resolution of a problem or conflict.

The grievance process is not a formal court proceeding, but is a peer review process for employees to resolve grievances.

IV. PRE-GRIEVANCE MEDIATION

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.

V. FORM

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.

VI. TIME LIMITS

The time limits prescribed in Article XIII 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 Department Head, Dean or Director 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 at Step 2 of the procedure in cases when the Grievance Committee requires additional time to research the issues stated in the grievance. Any postponement of the grievance procedures must be agreed upon in writing by all parties.

VII. EXAMPLES OF ACTIONS WHICH ARE NOT GRIEVABLE

? Salaries
o Hiring salaries
o General salary adjustments
o Promotional salary adjustments
o Other salary adjustments
? Performance reviews
? Verbal counseling
? Voluntary resignations
? Position elimination due to restructuring and/or layoffs
? Position classification/reclassification decisions
? Hiring and promotion decisions
? Actions that fall within the purview of the AA/EEO Office
? Termination from employment during initial probationary period
? Termination from employment based on felony conviction or unavailable for work due to incarceration
? Termination from employment while in a temporary employment status
? Any action that cannot be substantiated with facts (i.e., Employee cannot bring forth a grievance based on assumptions, rumors, innuendo or gossip)
? Matters that are already under review or for which a decision has been rendered under another process

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 advise the grieving employee without loss of pay and without charge to annual or compensatory pay. The time needed to prepare grievance materials should be done on either employee’s time off or while in work status with supervisory approval.

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.

IX. WITNESSES

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.

X. RETALIATION

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.

XI. ISSUES OF DISCRIMINATION

The decision to utilize this grievance procedure shall not deprive an employee from filing a charge of unlawful discrimination with the appropriate state and/or federal agencies.

XII. SUMMARY DISPOSITION OF A GRIEVANCE

In certain instances, a grievance may be summarily dismissed. All parties to a summary dismissal will be notified in writing. Examples of dismissals are withdrawal by employee, determination by Hearing Panel, or voluntary resignation of employee.

XIII. STEPS IN THE GRIEVANCE PROCEDURE

Step 1: An employee is expected to file a grievance form with the Human Resources Office within six (6) months of the alleged occurrence. Once the grievance has been filed, the Human Resources Office will forward the form to the employee’s Department Head, Dean or Director and the Chair of the appropriate Grievance Committee. The Department Head, Dean or Director has ten (10) working days after receipt of the grievance to respond by forwarding the completed form to the Human Resources Office. The Human Resources Office will then forward this response to the employee and the Chair of the appropriate Grievance Committee. Upon receipt of the decision of the Department Head, Dean or Director, the employee has ten (10) working days to accept or reject the decision of the Department Head, Dean or Director. If the employee accepts the decision, he/she will mark the appropriate box, sign the form and forward to the Human Resources Office. If the employee is not satisfied with the decision he or she will mark the appropriate box, sign the form and then proceed to Step 2.

Step 2: The employee should indicate on the form the reasons why the Step 1 decision is unacceptable, sign the form and date it. The form is then submitted to the Human Resources Office. The Human Resources Office will then forward to the Chair of the appropriate Grievance Committee to initiate the peer review process.

The Grievance Committee has ten (10) 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, they will mark the appropriate box, sign the form and forward to the Human Resources Office. If the Grievance Committee determines that the issue is grievable they will mark the appropriate box, sign the form and then proceed to Step 3.

Please note that for issues of prohibited discrimination, the second step decision may not be appealed further through the grievance procedure. However, the decision at Step 2 does not deprive the employee of the right to file a charge of discrimination with the appropriate state or federal agency.

Step 3: Once an issue is determined to be grievable, the appropriate Grievance Committee will select a Grievance Hearing Panel within three (3) working days of the Grievance Committee review. The Hearing Panel will contact all parties to establish a hearing date. An official record (tape recorded or otherwise) of the hearing will be made by the Hearing Panel. A copy may be made available to each party upon request.

Both parties and the University administration will cooperate with the Hearing Panel in obtaining witnesses and making documents and other evidence available as needed by the parties or the Hearing Panel unless it is determined by the Vice President or President that the information sought is confidential and not subject to release.

The Hearing Panel may ask the parties to produce witnesses and evidence on specific issues and may also examine witnesses of its own selection. 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.

The Hearing Panel will base its findings and recommendations solely on relevant facts surrounding the issues and material presented during the hearing. The Hearing Panel's official findings and statements of recommendations shall be prepared in writing. In the case of dissenting opinions within the Hearing Panel, these shall be prepared and submitted as well.

The Hearing Panel will report its findings and recommendations to the appropriate Vice President by noting their response on the Grievance Form. 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. All parties will be notified in writing of the Hearing Panel's findings and recommendations within fifteen (15) working days after the grievance hearing. Additionally, a copy of the Grievance Hearing Panel’s recommendation will be copied to the Human Resources Office.

Upon receipt of the Hearing Panel’s recommendation, the Vice President will have fifteen (15) working days to note his/her response on the Grievance Form, sign and forward to Human Resources Office. 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


Revised: 8/09/05



Appendix 2

This document is in PDF format here http://www.auburn.edu/administration/governance/ap/grievance_form%20_final_draft.doc


Please refer to the University’s Policy Statement on Grievance Procedures to ensure your concern(s) is grievable. You may also contact the Human Resources Office at 844-4145 for further clarification. Attach additional pages if more space is required.

Employee’s Name Name of Advisor (Optional)


Employee ID # Date Grievance Occurred


Department Date Grievance Filed with Human Resources
Office

Job Title

______Staff Date Sent to Dean/Dept Head/Director: ____________________

______Administrative/Professional

Step ss


IDENTIFY THE POLICY THAT IS BEING GRIEVED
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

STATEMENT OF GRIEVANCE

REMEDY REQUESTED


Employee’s Signature ______________________________________________ Date________________________________


DECISION OF DEPARTMENT HEAD, DEAN OR DIRECTOR
(Time Limit: Within 10 working days after receipt of grievance)

See attached statement written by the Department Head.

Department Head’s Signature _______________________________________ Date________________________________

DECISION OF EMPLOYEE
(Time Limit: Within 10 working days after receipt of response)

? I accept the above decision of my Department Head, Dean or Director
? I am not satisfied with the Step 1 decision of my Department Head, Dean or Director and wish to have it referred to Step 2.

Employee’s Signature ______________________________________________Date___________________________

STEP 2 - APPEAL


REASON(S) WHY FIRST STEP DECISION IS UNSATISFACTORY
(Time Limit: Within 10 working days of receipt of department response.)


Employee’s Signature ___________________________________________________ Date__________________________

GRIEVANCE COMMITTEE REVIEW
(Time Limit: Within 10 working days of receipt of appeal)

? Issue is grievable. Employee will be contacted to schedule hearing
? Issue is not grievable for the following reason: _______________________________________________________

__________________________________________________________________________

Chair, Grievance Committee Signature________________________________________ Date_________________________


Hearing Panel selected (Time Limit: Within 3 working days of Grievance Committee review)
Date: _________________________________

Chair of Panel: _____________________________________________________________________________
Panel Members:


Initial Date of Hearing: _____________________________________________________________________________

RECOMMENDATION OF GRIEVANCE HEARING PANEL

(Time Limit: Within 15 working days following the hearing, unless Grievance Committee notified employee of additional time needed. See attached statement written by the Grievance Hearing Panel.)


Chair, Grievance Hearing Panel Signature Date


OFFICE OF THE VICE PRESIDENT’S REVIEW & RESPONSE
(Time Limit: Within 15 working days following receipt of Grievance Hearing Panel’s recommendation)

? Agree with Grievance Hearing Panel’s recommendation
? Disagree with Grievance Hearing Panel’s recommendation.
? Alternative Resolution:______________________________________________________________


Name and Title Signature Date

7/8/04