Policy for processing grievances of employees
Date Approved:
February 9, 1995
Background:
At
the April 6, 1989 meeting, the U. T. System Board of Regents adopted the
uniform Policies and Procedures for Discipline and Dismissal and Grievances of
Employees to comply with current court decisions and to bring uniformity to the
procedures at The University of Texas System component institutions. That document addressed two separate
policies: (a) a discipline and appeals
procedure not applicable to faculty or campus police and (b) a grievance
procedure. While the grievance policy
was drafted with the intention that an approved grievance policy cover faculty,
the uniform policy was not intended to supplant established faculty committees
or policies.
The
Board, at its October 13, 1989 meeting, amended the Policies and Procedures for
Discipline and Dismissal and Grievances of Employees for the U. T. System and
republished these policies as two separate policies.
At
the meeting of the Board on June 6, 1991, Section II of the Grievance Policy
and Procedures was amended to give the temporary employees or hourly or per
diem employees who work on an as needed basis access to the grievance procedure
to complain of a term or condition of their employment or to grieve a
termination when the employee alleges that the decision was made on the basis
of unlawful discrimination. Section II
was further amended on February 9, 1995, to assure compliance with the
Americans with Disabilities Act and Section III was amended at the
February 11, 1993 meeting to clarify the time limits for appeal of
complaints not resolved by the supervisor.
I. PURPOSE
It is the policy of The University of Texas
[Name of Institution] to encourage fair, efficient and equitable solutions for
problems arising out of the employment relationship and to meet the
requirements of state and federal law.
II. SCOPE OF GRIEVANCE POLICY
Complaints concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, the interpretation or application of a rule, regulation or policy, unlawful discrimination on any basis, or allegations that the termination of a probationary or temporary employee or an hourly or per diem employee who works on an as needed basis was for an unlawfully discriminatory reason shall not be processed through the Discipline and Dismissal Appeal Procedure. Such complaints will be considered on an informal basis in order to allow prompt correction or explanation of the subject of the complaint.
1. Probationary, Temporary, Hourly, and
Per Diem Employees Included
The
complaint of all employees (except faculty*) including probationary and
temporary employees and those hourly or per diem employees who work on an as
needed basis will be considered pursuant to the procedure provided below.
2. Retaliation Prohibited
No
employee will be penalized, disciplined or prejudiced for exercising the right to
make a complaint or for aiding another employee in the presentation of that
complaint.
III. PROCEDURE
FOR BRINGING A GRIEVANCE
1. The employee shall informally present the
complaint to his or her supervisor or administrative equivalent for discussion,
consideration and resolution within five (5) working days from the date of the
action which is subject of the complaint. If the supervisor is the subject of the complaint, the employee may
address the complaint to the appropriate department head or administrative
equivalent.
2. If the complaint is not satisfactorily
resolved by the supervisor or administrative equivalent within five (5) working
days, the employee may present the complaint in writing within five (5) working
days to the appropriate department head or administrative equivalent for
consideration and action. A written
decision will be mailed to the employee within five (5) working days of
receipt of the complaint.
3. If the employee is not satisfied with the
decision of the department head or administrative equivalent, a written appeal
stating why the appealed decision is incorrect may be made to the appropriate
dean, director or administrative equivalent within five (5) working days
of the date of the appealed decision. Within ten (10) working days of the date of the appeal a written
decision will be mailed to the employee.
4. Complaints not satisfactorily resolved by
the dean, director or administrative equivalent may be appealed in writing to
the appropriate vice president or administrative equivalent for the employee's
department within five (5) working days of the date of the appealed
decision. The appeal shall state why
the appealed decision is not correct. Within a reasonable time, not to exceed thirty (30) days following
receipt of the appeal, a written decision shall be mailed to the employee. This decision is final.
5. The written complaint and all decisions or
responses regarding such complaint shall be a part of the personnel file
of the employee.
* This phrase may be included by institutions with
approved faculty grievance policies and
procedures
in compliance with the basic parameters of this policy.
Last reviewed September 2000