40.043:  Grievance Procedure for Classified Employees

Status:	Approved on November 15, 2002	Signatures and dates on archival copy
Effective:	September 23, 2002
Initiated by:	James E. Kemper Assistant Vice President for Administration for Human Resources
Reviewed by:	Nancy Prichard Crist, Chair Policy and Procedure Review Committee
Endorsed by:	Gary North Vice President for Administration
Approved by:	Stephen Kopp Provost

Purpose

To provide a procedure to address grievances for Classified employees.

Policy

It is the policy of Ohio University to deal promptly and fairly with employee grievances. A Classified employee who is not covered by any collective bargaining agreement may use this policy to grieve a wide range of concerns including but not limited to issues resulting from a breach of university policy or sound management practice.

Any employee whose grievance involves alleged discrimination will be directed to the Office for Institutional Equity (see Policy 40.001, "Equal Employment and Educational Opportunity").

Performance evaluations and level of pay are not grievable but may be appealed to one's supervisor.

Initial probationary removal orders are not subject to appeal under civil service law or university policy.

Procedures

An individual who feels that a grievance exists shall be responsible for stating in writing the grounds upon which the alleged grievance is based and the policy or practice that has been violated. The burden of proof rests upon the grievant. The grievant may seek the advice and counsel of the Assistant Vice President for University Human Resources.

The time limits specified in the procedure may be extended only by mutual written agreement of the parties concerned. If an answer is not received within the specified time limits, the grievance automatically proceeds to the next step. All time limits in this policy refer to business days.

1. The grievant must file the grievance with his or her immediate supervisor within ten (10) days of the occurrence or within ten (10) days of when he or she had or should have had knowledge of the occurrence which led to the grievance. This must be a written presentation. The immediate supervisor must respond to the grievance in writing within ten (10) days.

2. If the grievant is not satisfied with the response, he or she may appeal within ten (10) days to the Chair of the Classified Senate with a copy to the Assistant Vice President for University Human Resources and the grievant's Dean, Vice President or Provost. Within ten (10) days, the Chair shall appoint an ad hoc Grievance Review Committee composed of four (4) classified staff persons (one of whom will be appointed to chair the committee and write its report) and none of whom shall be employed in the grievant's planning unit. A fifth committee member may be appointed from the Office for Institutional Equity, the Office of the Ombudsman, or another appropriate division according to the judgment of the Classified Senate Chair. The Grievance Review Committee will review the complete record. The Committee will meet with the grievant to discuss the committee's authority, as defined in this policy, and the process for reviewing the grievance.

   If at any time the grievant decides to explore other avenues of settlement, the Committee's process will be stayed until those avenues of settlement are complete. If pursuing other avenues of settlement takes more than sixty (60) days, the grievant must re-initiate the grievance process.

   The Committee will notify the grievant, the grievant's Dean, Vice President or Provost, and the Chair of the Classified Senate of its written recommendation within thirty (30) days of receiving the grievance. The Dean, Vice President or Provost will have ten (10) days to accept or reject the Committee's recommendation and will notify the grievant of his or her decision in writing. The written decision of the Dean, Vice President or Provost will also be given to the Chair of the Classified Senate (who will relay the decision to the Grievance Review Committee) and the Assistant Vice President for University Human Resources.

3. If the grievant is not satisfied with this response, he or she may appeal in writing to the Assistant Vice President for Human Resources within ten (10) days. The Assistant Vice President for Human Resources or his or her designee will review all information submitted and render a final written decision within thirty (30) days of receipt of the grievance. The decision of the Assistant Vice President for Human Resources, as appointing authority for the State of Ohio, is final and binding upon the grievant and the department. The written decision of the Assistant Vice President for Human Resources will be given to the grievant, Dean, Vice President or Provost, Chair of the Classified Senate (who will relay the decision to the Grievance Review Committee), the Vice President for Administration and the Provost. If the grievant is not satisfied with the judgment rendered by the Assistant Vice President for Human Resources, he or she may appeal to the State Personnel Board of Review within ten (10) days of receipt of the judgment. (see note below)

4. All meetings shall be conducted in a private and secure setting to ensure confidentiality.

5. The grievant may withdraw from the grievance process at any time without penalty; the grievant must notify the Chair of Classified Senate in writing. The Chair of Classified Senate will notify the Grievance Review Committee and request from the Committee a summary of its work to date. All records related to the grievance will be retained by Classified Senate. The State Personnel Board of Review (SPBR) is available to classified employees to hear appeals of actions such as: disciplinary suspensions of more than three days, terminations, disability separations, layoffs, abolishments, displacements, reclassifications, transfers, reductions in pay or position, discipline, or disputes concerning working conditions or promotion. The SPBR has time limits on appeals, typically ten (10) days for some issues, which means the employee must file promptly upon receipt of the final decision. Filing a complaint with the SPBR ends the employee's access to this policy for this particular issue. See http://www.state.oh.us/pbr/filing.htm.

   Guidelines for Classified Senate Grievance Review Committees are held by the Classified Senate Chair and distributed to Grievance Review Committees each time they are appointed. They are also available in the Office for Institutional Equity, University Human Resources, and on the Classified Senate Web Site http://www.ohiou.edu/csen/.

Reviewers

Proposed revisions of this policy should be reviewed by:

1. Policy and Procedure Review Committee

2. Classified Senate

3. Vice President for Administration

4. Assistant Vice President for Administration for Human Resources

Forms

There are no forms that are specific to this policy.

Dick Piccard revised this file (http://www.ohiou.edu/policy/40-043.html) on November 21, 2002.

Please E-mail any comments or suggestions to "polproc@www.ohiou.edu".