POLICY NUMBER: VI A
SUBJECT: STAFF GRIEVANCE
APPLIES TO: STAFF
EFFECTIVE DATE: July 1, 1993
REVISED FROM: February 17, 1990
1. Definition of a Grievance
For the purpose of this policy, a grievance is a complaint by an employee relating to the employment relationship with Murray State University based on issues resulting from the following:
a. administration and/or application of policies, procedures, rules, or regulations;
b. alleged unfair or unequal treatment;
c. working conditions; and/or
d. disciplinary action not involving termination.
2. Exemptions to this Policy
The following matters are not subject to grievance procedures under this policy, although there may be other grievance procedures available through other policies.
a. The content of policy, procedure, rules, or regulations.
b. The method, means, and work force necessary to carry on work activities.
c. Performance evaluations.
d. Discrimination based upon race, color, creed, religion, sex, age, national origin, disability, or veteran's status.
e. Any matter for which due process is available through other established channels.
a. A systematic procedure for handling grievances is stated below. Copies of all written grievances will be placed in a separate file and not be included in the employee's official personnel file. The action of filing a grievance shall not be cause for negative remarks being placed in the grievant's file. The grievant will not be criticized or mistreated for using the grievance procedure.
b. A grievance must be specific in nature and must set forth the exact complaint. The grievant should request a satisfactory solution to his/her complaint.
c. Procedural steps
(a) The employee must discuss his/her grievance with his/her immediate supervisor. The notice must be specific with regard to the offense charged and the factual situation relating to the charge. This first step must be initiated within fourteen (14) days of the occurrence creating the grievance, this includes weekends.
(b) If the employee believes his/her grievance has not been dealt with satisfactorily, he/she may proceed to each successive level of supervision below the administrative head of the department. The employee must not allow more than three (3) working days* between a reply and his/her appeal to the next level.
(c) Each supervisor must reply within three (3) working days* from the discussion with the employee.
(d) If the supervisor is the administrative head of the department, the written grievance procedure will begin at Step (e).
(e) If the grievance is not resolved by the supervisor's response, the employee must provide a written statement to the administrative head of the department with a copy to the Director of Human Resources. The administrative head must give a written decision within five (5) working days of receipt of the grievance. A copy should be sent to the Director of Human Resources.
*The term "working days" excludes weekends and University holidays.
(a) If the employee's grievance still has not been resolved, he/she should contact the Director of Human Resources within five (5) working days of the completion of Step 1, above.
(b) The Director of Human Resources will attempt to resolve the grievance and respond in writing within five (5) working days.
(a) If the efforts of the administrative head and the Director of Human Resources have not fully resolved the grievance, the employee may appeal to the Staff Congress.
(b) The employee must contact a Staff Congress member within five (5) working days of the completion of Step 2. The Staff Congress member will arrange for a review within five (5) working days.
The Executive Committee of the Staff Congress will appoint a committee of five (5) members who will hear the grievance. No member of this committee may be employed in the same department as the grievant or in Human Resources. The Staff Congress Committee will make a written recommendation to the Vice President for Finance and Administrative Services within five (5) working days of the final review.
The Executive Committee of the Staff Congress shall develop a set of rules applicable to all grievance procedures. These rules should accord fundamental fairness.
(c) The Vice President for Finance and Administrative Services will send his/her written decision to the employee, the administrative head of the department, and the Director of Human Resources within ten (10) working days after receiving the committee's recommendation.
If the three preceding steps do not resolve the problem, the employee may present his/her grievance to the Office of the President. The employee must request an appointment with the President or his/her designate within five (5) working days of receipt of the response from the Vice President for Finance and Administrative Services.
If the employee allows a time limit between the above steps to elapse, it will be assumed that the last decision rendered has been accepted as the solution to the problem. If after an appeal a reply is not provided within the time limit, the employee may appeal to the next level.
In all cases where a response is required, the response shall be completed and forwarded within the stated time unless there is a reason beyond the supervisor or administrative head's control. In such circumstances, an estimate of the delay will be provided to the grievant.