GRIEVANCE POLICY

Subject               GRIEVANCE POLICY
Section             HR
Part                  Policy
Statement         19
Effective Date    3/21/01

Introduction
Applicability
Grievance Procedures

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I. INTRODUCTION

It is the policy of Fayetteville State University to provide a means of communication between supervisors and employees and to establish principles and guidelines of administration that will ensure a prompt, orderly, and fair response to an employee's grievance or complaint. This is accomplished by creating an orderly procedure which will provide a means of communication between supervisors and employees and uniformity in processing a grievance or complaint.

Upon receipt of a valid written warning from an authorized official, an employee has five calendar days to contact the Office of Human Resources to file a grievance through the University Grievance process.

II. Applicability

This policy applies to employees who have gained career status as defined below:

        A. Effective July 1, 1996, career status was accorded every state employee in state service who:

1. Is in a permanent position appointment; and 

2. Has been continuously employed by the State of North Carolina in a position subject to the State Personnel Act for the immediate 24 preceding months.

        B. The provisions of this policy are generally not applicable to employees with probationary or temporary appointments (see C below).

        C. The following grievances may be initiated without regard to type of appointment, length of service or pay grade:

1. Alleged discrimination (G.S. 126-16 and G.S. 126-36). This type of grievance may be initiated through the University's grievance policy or directly to the State Personnel Commission as described later (see section on discrimination) in this policy.

2. Alleged inaccurate or misleading information in personnel file (G.S. 126-25). This type of grievance may be initiated through the University's grievance policy.

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III. Grievance Procedures

A. Non-Discrimination

1. Step I - Discussion Between Employee and Immediate Supervisor

1. If an employee has a grievance, the nature of the grievance and request to discuss it must be presented in writing to his/her immediate supervisor. The grievance must be presented within fifteen (15) calendar days of its occurrence or from the date the employee knew of its occurrence.
   

2. If the grievance is the result of action from the employee's immediate supervisor, the grievance may be presented to the next supervisory level. If the grievance does not fall within the administrative or decision-making authority of the immediate supervisor, the immediate supervisor shall, within 48 hours of receipt of the grievance refer the grievance to the lowest level supervisor with administrative or decision-making authority over the subject matter of the grievance and over the subject matter of the grievance and notify the employee of the fact of and the basis for referral.
   

3. The supervisor may call higher level supervisors into the discussion if the employee agrees. Following the discussion , the supervisor may choose to consult the higher level supervisors or administrators to seek any needed advice or counsel before giving a response.
   

4. The employee shall receive a written response within ten (10) calendar days following the discussion, or be advised as to the conditions which prevent an answer within ten (10) calendar days and when an answer may be expected. The written response shall also include the employee's rights of appeal along with a copy of the University's Grievance Policy and Procedures.

2. Step II - Discussion Between Employee and Vice Chancellor

1. If the decision in Step I is not satisfactory to the employee, or if the employee fails to receive a response within the designated time period provided in Step I, the employee may appeal to the Vice Chancellor. The nature of the grievance and request to discuss the grievance must be presented in writing to the Vice Chancellor within five (5) calendar days of the receipt of the Step I decision.
   

2. The Vice Chancellor will consider all facts of the grievance, including all pertinent information provided in written form and orally presented by the employee and supervisor. The Vice Chancellor may call the immediate supervisor into the discussion if the employee agrees, consult independently with the employee's immediate supervisor and/or seek advice or counsel from administrative superiors before giving a response.
   

3. The employee shall be provided a written response within (10) calendar days following the discussion, or be advised as to the conditions which prevent a response within ten (10) calendar days and when a response may be expected. The written response shall also include the employee's appeal rights.

NOTE: In Divisions where there is an intermediate level of management/supervision between the immediate supervisor and the Vice Chancellor (i.e. a dean), the appeal shall be submitted to that individual prior to being submitted to the Vice Chancellor within 10 calendar days.

3. Step III - Appeal to the University Grievance Committee

1. If the recommendation made in Step II is not satisfactory to the employee, is not received within the time period provided in Step II, or it is not properly implemented, the employee may appeal to the University Grievance Committee. The nature of the grievance and a request to appeal the grievance to the Committee must be presented in writing to the Human Resources Director within five (5) calendar days after the receipt of the Step II decision. A hearing with the Committee must be scheduled within 45 calendar days after receipt of the request unless otherwise agreed upon by both parties.
   

2. This committee shall consist of a chairperson ( appointed by the Chancellor for a period of two years) and four members from diverse operational and functional areas of responsibility within the University. The committee shall be comprised of supervisory, administrative, line and at least two (2) staff level employees. The Human Resources Director may serve the committee as an advisor on personnel policy and procedures, but shall not participate in the deliberations or decisions of the committee. To further ensure the impartiality of the committee: 1) no two members from the same operational unit will serve on the committee, 2) no employee from the same operational unit employee appealing will be utilized, 3) the grievant shall be allowed the opportunity to eliminate up to two members of the committee (with the exception of the appointed chair) where there is an issue of whether the members can render an unbiased decision. Once the members are eliminated, the Human Resources Director shall select two members as replacements on the committee. 4) If there is a legitimate reason why the chair is recommended for disqualification, it must be presented to the Employee Relations Manager in writing. 5) Once the members serve on a committee, they are exempt from serving again within a two year period.
   

3. The University Grievance Committee will conduct a hearing and within fifteen (15) calendar days following the conclusion of the hearing, the committee will provide the Chancellor a report which shall include:

1. Findings of fact; 
2. Conclusions; and 
3. A recommended Final Agency Decision (FAD)

4. After reviewing the Committee's report, the Chancellor may adopt the recommendation in whole, in part, or may choose any other course of action that he/she deems appropriate.
   

5. The employee shall be provided a written FAD within fifteen (15) calendar days from the date the Chancellor receives the Committee's report, or be advised as to the conditions which prevent a FAD within fifteen (15) calendar days and when such a decision may be expected. The written response shall also include the employee's appeal rights.

4. Step IV - Appeal to the State Personnel Commission

1. If the employee is not satisfied with the University's final decision, or if the decision is not received within the designated period provided in Step III, he/she may appeal to the State Personnel Commission within thirty (30) calendar days of receipt of the Department's decision. However, an employee, at the time of the act, grievance or employment practice complained of, must meet the requirements for career status as outlined previously in this Policy in order to appeal to the State Personnel Commission.
   

2. Grievances will be heard by an Administrative Law Judge who will issue a recommended decision which contains findings of fact and conclusions of law. The recommended decision and complete record of the case will be forwarded to the State Personnel Commission.
   
   *An appeal to the State Personnel Commission must be filed directly with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
   

3. Appeal to the State Personnel Commission is the final step in the administrative review process. The decision rendered by the State Personnel Commission is binding. If a party objects to the Commission's decision, that party may appeal the Commission's decision, to Superior Court. (See Procedure in Dealing with Employee Grievances or Appeals, State Personnel Manual, Section 9, Page 27 for details regarding the Commission's proceedings.)

B. Discrimination

1. Any applicant for State employment or any State employee who feels that he/she has been discriminated against because of race, religion, color, creed, national origin, sex, physical disability, political affiliation, or age, may appeal to the State Personnel Commission or through the Fayetteville State University grievance procedure. Such an appeal must be made to the respective party within thirty (30) calendar days of the alleged discriminatory action. An appeal to the State Personnel Commission must be filed directly with the Office of Administrative Hearings. An appeal to Fayetteville State University must be filed with the University's Human Resources Office.
   

2. An employee, who alleges sexual harassment and elects to utilize the University's grievance procedure, shall have the right to bypass any step in the University's grievance procedure involving discussions with or review by the alleged harasser.
   

C. Guidelines

1. Employees shall have the right to present a grievance or appeal free from interference, restraint, coercion or reprisal. Issues that may be grieved through the University's policy include but are not limited to the following: written warning, demotion, suspension without pay, dismissal, reduction-in-force, discrimination, promotional priority and performance pay disputes.
   
   Performance pay disputes however include only the following issues: (1) failure to receive an increase, (2) the amount of performance increase, and (3) overall performance appraisal rating. Matters relating to a written warning or a performance pay dispute may not be appealed to the State Personnel Commission.
   

2. Matters of inherent management rights are not subject to appeal under this policy. These matters include but are not limited to such areas as the programs and functions of the university, standards of service, the overall university budget, the utilization of technology, and the assignment and reassignment of staff to positions, duty stations and shifts except where such transfers include a demotion to a lower classification.
   

3. This policy shall be posted in a permanent and conspicuous manner in work areas. New employees will be provided with an overview of the Disciplinary Action, Suspension and Dismissal Policy as well as the Grievance Policy and Procedures during new employee orientation. All employees will be notified of grievance policy and procedure changes through inserts attached to employee pay checks stubs, and/or through University newsletters, etc. This notification shall be no later than 30 days prior to the effective date of the change.
   

4. A grievance which involves the dismissal or demotion of a career state employee shall be resolved 90 calendar days from the date the grievance was initiated unless the employee and management agree to additional time. In cases not involving the dismissal or demotion of a career state employee, the grievance shall be resolved within 120 calendar days from the date the grievance was initiated unless additional time is agreed upon by the employee and management.

D. Related Administrative Issues

1.  All warnings issued for disciplinary purposes shall

   1. Be in writing and state it is a warning.

   2. Tell the specific conduct or performance that is the reason for the warning.

   3. Tell the specific performance or conduct that must be made

   4. Indicate the time within which the employee must show improved performance or conduct.

   5. Tell the consequences of failing to make the required improvement/corrections.

   6. State the appeal rights the employee has, as provided by the University or State law.
      

2.   Investigatory Placement with Pay (Suspension for Investigatory Purpose)

Management shall notify the employee in writing of the reasons for investigatory placement not later than the second scheduled workday after the beginning of placement.  An employee can be in such status for no more than 30 calendar days without approval for extension by the Chancellor and the State Personnel Director.

An employee may be placed on investigatory status with pay only:

1. To investigate allegations of performance or conduct deficiencies that would constitute just cause for disciplinary action;
   

2. To provide time within which to schedule and conduct a pre-disciplinary conference; or
   

3. To avoid disruption of the workplace and/or to protect the safety of persons or property.

B.  Disciplinary Suspension Without Pay 

1. An employee may be suspended without pay for disciplinary reasons for a current incident of unsatisfactory job performance, after the receipt of at least one prior disciplinary action or for any form of unacceptable personal conduct or grossly inefficient job performance.  The length of time for a disciplinary suspension without pay must be for at least one full workday, but may not be for more than two work weeks.    
   

2.  Employees shall be allowed a reasonable amount of time off up to a maximum of eight (8) hours, from regular duties for processing and presenting a grievance or appeal. Absences from work for such purposes must receive prior approval from the appropriate supervisor or Division Head. Such time off shall not result in loss of pay, vacation, or other "time credits".
   

3. Employees may contact the Human Resources Director relative to information regarding the Grievance Policy and Procedures. Employees may also request assistance from the Human Resources Office in preparing the grievance.
   

4. Neither management nor the employee shall be represented by an outside party (i.e. an attorney) at any step of the University grievance process/procedure. However, the employee may consult with a fellow employee of his/her choice in bringing and presenting such complaint, including the right of the grievant to have that employee-assistant accompany him/her during any hearings that may be held as part of the grievance process. Such assistants would serve as advisors, not as advocates or spokespersons, and are allowed to be present to provide additional margin of comfort that the grievant might derive from having a fellow employee present at the hearing(s). 
   

5. A listing of the University Grievance Committee to include name, job classification, and work unit will be furnished to the grievant. The grievant shall have five (5) calendar days from receipt of the listing to disqualify up to two (2) of the initial members of the Committee. A replacement shall be made for any disqualified member by the University Human Resources Director.
   

6. The active life of any formal disciplinary action measure shall be 18 months from the date such action is administered.
   

7. A grievant may have access to the contents of his/her permanent personnel file.  The file may be examined in its entirety, except for letters of reference solicited prior to employment or information concerning a medical disability that a prudent physician would not divulge to a patient. 
   

8. Fayetteville State University shall by January 1 of each even-numbered year:

   1. File its grievance procedure with the Office of State Personnel. 

   2. File for approval by the State Personnel Commission, any modification(s) to this procedure prior to the modified procedure becoming effective. 

   3.  Submit a certified statement that no changes have been made to the grievance procedure since the last submission if such is the case. 

   4. Include in the Grievance procedure the effective date of any changes to the procedures. 

   5. Continuously evaluate the grievance procedure's effectiveness in achieving the University's goals. 

   6. Compile information on employee grievances semi-annually and as otherwise requested by the Office of State Personnel. These reports shall be submitted prior to the first business day of January and July.
      

9.  Generally, the steps described in the grievance procedures will be followed. If extraordinary circumstances dictate, some modification of the procedures may be allowed if agreed upon by all parties.

Employee Grievance Report (Fillable PDF Form)

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