| Memo to: | All UH-Downtown/PS Holders | UH-Downtown/PS 02.B.01 | |
| From: | Max Castillo, President | Issue No. 2 | |
| Subject: | Staff Grievance Policy | Effective Date: 10/16/95 | |
| 1. PURPOSE This PS describes the policy by which staff members can file a formal grievance. |
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| 2 . DEFINITION | |
| 2.1 A staff member is defined as any non-faculty employee in a benefits-eligible position. | |
| 2.2 A benefits-eligible position is defined as a position in which the employee is employed at least 50 percent full-time equivalent (FTE) for at least one full semester (4.5 months) and where student status is not a condition of employment. | |
| 3 . POLICY/PROCEDURES | |
| 3.1 BASIS FOR STAFF GRIEVANCE | |
| 3.1.1 Staff grievances may be initiated when a staff member believes an injustice has been done with regard to promotion, non-reappointment, dismissal, salary, civil rights, harassment, working conditions, or reassignment | |
| 3.1.2 The staff member must initiate the first step in the grievance process, the preliminary appeal, no later than ten working days following the grievant's notification of the act, event, or commencement of the condition which is the basis of the grievance. | |
| 3.1.3 Employees on probationary status are excluded from filing formal grievances related to disciplinary or discharge actions unless the employee believes that unlawful discrimination is a factor in the personnel action. | |
| 3.2 STEPS IN THE GRIEVANCE PROCESS | |
| 3.2.1 The first step in the grievance process, the preliminary appeal consists of an informal grievance through the immediate supervisor. Preliminary discussions with the immediate supervisor regarding the subject of the grievance may lead to a resolution satisfactory to both parties. If these discussions do not resolve the grievance, the staff member must proceed to the second stage of the grievance process, the administrative appeal, no later than ten working days from filing the preliminary appeal. | |
| 3.2.2 The administrative appeal seeks formal administrative resolution of the problem through the appropriate vice president. This second step strives to find resolution to the grievance outside of a formal proceeding. The vice president overseeing the administrative appeal must communicate the outcome of the appeal in writing to the staff member within fifteen working days from the date the administrative appeal was filed. A staff member may begin grievance proceedings only after receipt of an official decision from the vice president hearings, the appeal. | |
| 3.2.3 If the appropriate supervisor or administrator is the president the grievance shall be submitted to a designee of the president for administrative resolution before a formal grievance is filed,. | |
| 3.2.4 If a staff member is not satisfied with the official decision resulting from the administrative appeal, the staff member-,r may file a formal grievance with the Human Resources/Affirmative Action Officer. The grievance must be filed within ten working days of the grievant’s receipt of the administrative resolution from the vice president hearing the appeal. This is the third and last step in the grievance process. | |
| 3.2.5 The president may extend any deadline that requires his/her action if he/she is unable to meet the deadline. This authority applies to both the process of administrative resolution and the formal grievance procedure. | |
| 3.3 THE STAFF GRIEVANCE COMMITTEE | |
| 3.3.1 Selection of members of the Staff Grievance Committee will be by election each September. An election for exempt and non-exempt staff will be conducted to insure proportional representation of both groups. The election is to be conducted by the Human Resources/Affirmative Action Officer. Only benefits-eligible staff are qualified to vote. Members of the Staff Grievance Committee serve one-year terms and are eligible for reelection. Members of the President's Executive Council and the Human Resources staff are ineligible for service on the Staff Grievance Committee. Under the stated membership constraints, the nominees receiving the highest numbers of votes become committee members. | |
| 3.3.2 When a grievance is filed, the Human Resources/Affirmative Action Officer will identify seven members of the Staff Grievance Committee to serve as the grievance panel and hear the grievance. An alternate member will be selected to replace a regular member of the committee when the regular member is unable to serve or when a potential conflict of interest exists. Each member of the grievance panel shall have a minimum of three years of full-time staff experience at the University of Houston Downtown. | |
| 3.3.3 The grievance panel must represent a broad cross, section of university staff members and areas of specialization. No more than one member of the same department may serve ;n the grievance panel, and each reporting component (office of tic president, academic affairs, administration, student affairs) must be represented on the panel by at least one regular member. A quorum of the panel is five members. | |
| 3.3.4 The Human Resources/Affirmative Action Officer will convene the committee to elect a chairperson. A formal hearing will be scheduled and the grievant will be notified of the time,date, and place. At least three days prior to the hearing date an exchange of documentation and witness lists will be made. At that time, either party may request the removal of one member of the grievance panel. | |
| 3.4 FORMAL GRIEVANCE HEARING | |
| 3.4.1 If a grievant elects to be represented by an attorney, the Human Resources/AA Officer must be notified so that the University of Houston-Downtown may be represented by legal counsel from the University of Houston System. The attorney for the grievant may function only as an advisor to the grievant and as such may speak only to his/her client. | |
| 3.4.2 The hearing must be closed unless an open hearing is agreed to in advance by the grievance panel and both concerned parties. All information presented at a closed hearing must be regarded by all parties as confidential. | |
| 3.4.3 All grievance panel hearings are tape recorded. Upon request of either party, duplicates of the tape or transcriptions of the proceedings will be made available. The party requesting a duplicate tape or a transcription will bear the actual production costs. | |
| 3.4.4 Upon petition by either party, the president may extend any deadline in the grievance process. | |
| 3.4. The president may extend any deadline that requires his/her,- action if he/she is unable to meet the deadline. This authority applies to both the process of administrative resolution and the formal grievance procedure. | |
| 3.5 DISPOSITION ON OF PANEL RECOMMENDATIONS | |
| 3.5.1 Prior to preparing the final recommendations, the grievance panel shall meet with the Human Resources/Affirmative Action Officer for policy/procedural counsel. | |
| 3.5.2 The recommendation of the grievance panel, as stated on the Grievance Panel Resolution Form (Exhibit A), shall be forwarded to the University of Houston System Legal Counsel for review within five working days of the close of the hearing, to assure compliance with existing state and federal laws. The grievance panel's findings and recommendations must be clearly stated | |
| 3.5.3 Once reviewed by Legal Counsel, the Grievance Panel Resolution Form will be sent to the grievance panel for final review. and submission to the president within five working days of receipt | |
| 3.5.4 The president shall make his/her decision known in writing to all concerned parties including the chairperson of the grievance panel and the Human Resources/Affirmative Action Officer within ten working days. | |
| 3.5.5 The president has final authority in all grievance cases. | |
| 4. REVIEW AND RESPONSIBILITIES | |
| Responsible Party (Reviewer): Vice President for Administration Review: Biennial Reprint of original policy statement. Signed original on file in the President's Office. |