Details
Series
Date Approved
Date Last Amended
Office(s) Responsible for Rule
Office of Human Resources
Office of General Counsel
1. Title
Employee Grievance
2. Rule and Regulation
Sec. 1 Policy. It is the policy of The University of Texas System 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.
Sec. 2 Scope of Policy. This policy shall be applicable to 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, 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. Such complaints 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. Complaints alleging unlawful discrimination should be handled through the institution's specific applicable anti-discrimination policies.
Sec. 3 Who is Covered. The complaint of all employees (except employees subject to another approved grievance procedure), 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.
Sec. 4 Retaliation Prohibited. Texas Government Code Section 554.002 states that “a state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.” Therefore, employees shall not be penalized, disciplined, or prejudiced for exercising the right to make such a good-faith complaint or for aiding another employee in the presentation of that complaint.
Sec. 5 Resolution Process.
5.1 Presentation to Supervisor. To initiate the grievance process, the employee shall present the complaint in the format required by institutional policy to his or her supervisor within five working days from the date of the action that is the subject of the complaint. This timeframe to initiate a grievance may be reasonably extended in the institution’s discretion due to employee unavailability or other unavoidable interruptions, in which case the employee will be notified of the delay and the anticipated decision date. If the supervisor is the subject of the complaint, the employee may address the complaint to the appropriate department head or administrative equivalent.
5.2 Review of Supervisor Decisions. The institution shall develop a process for determining what complaints may be elevated for further review and the related process for an employee to do so including who is authorized to make the final decision.
Sec. 6 Employee’s File. The written complaint and all decisions or responses regarding such complaint shall be a part of the employee’s personnel file.
3. Definitions:
None
4. Relevant Federal and State Statutes
Texas Government Code, Chapter 554 – Protection for Reporting Violations of Law
Texas Government Code Section 617.005 – Collective Bargaining and Strikes
5. Relevant System Policies, Procedures, and Forms
The University of Texas System HOP 3.5.3, Grievance
6. System Administration Office(s) Responsible for Rule
Office of Human Resources
Office of General Counsel
