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Staff Grievance Procedure

Employees Human Resources - Employee Relations

The staff grievance procedure is for instances when a non-probationary employee is subject to an action constituting a violation of university policies or rules. The grievance process is administered through Human Resources. The time lines for the grievance process may be extended upon request of the employee and for good cause shown or upon the unilateral discretion of Human Resources.

  • RETALIATION: The university recognizes the right of individuals to file grievances without fear of retaliation. Any employee, who, in good faith, exercises the right to file a grievance or cooperates in the investigation of a grievance as outlined in this regulation, is protected from retaliation. Charges of retaliation will be treated as separate and distinct from original grievances, and will be investigated by the Equal Opportunity Report and Response Office.
  • ELIGIBLE EMPLOYEES: Any non-probationary, classified staff employee of the university appointed and serving in a position pursuant to the Regulations of the Trustees of the University of Wyoming is eligible to use the grievance procedure. The grievance procedure does not apply to probationary, at-will, and contract employees.
  • GRIEVANCE DEFINITION: A grievance is an alleged violation of a university or department rule, policy or procedure that has a material and significant effect on the conditions of the employee's employment.
  • NON-GRIEVABLE ISSUES: Employees do not have the right to grieve (appeal) (a) performance evaluation rating; (b) job classification; (c) salary grade; (d) pay assignment; (e) disciplinary actions; (f) content of policies and regulations of the Trustees of the university, the university, or any department thereof; (g) salary decisions; (h) retrenchment; (i) civil rights complaints properly addressed under UniReg 5; (j) threats or acts of workplace violence properly addressed under UniReg 44; (k) reassignment without loss of pay.
  • TIME LINES: The grievance procedure sets forth time lines for initiation of action at each step. If a grievance is not forwarded by the complainant within the time allowed in any step, the grievance will be considered discontinued and no further review will take place. Any written grievance not answered by the respondent within the time allowed may be sent on to the next step by the complainant.  

STEP 1 - WRITTEN COMPLAINT:

  • The employee shall file a written grievance with Human Resources on the form provided by the Human Resources office. The written grievance shall contain a brief statement of the rule, policy or procedure that was violated, the date the violation occurred, a brief statement of the facts, and the relief sought, and any other information that may be requested by the Human Resources office. A written grievance must be filed within 7 working days of the alleged violation.
  • Human Resources will provide a copy of the written grievance to the responsible appointing authority, who will respond in writing to the allegations raised within 14 working days of receipt of a copy of the written grievance. The written response shall be submitted to Human Resources and a copy shall be provided to the employee by the appointing authority. Human Resources may conduct additional fact finding as necessary. All employees shall cooperate with any request by the department of Human Resources.  
  • After receipt of the response, Human Resources may call a face-to-face meeting of the employee and other individuals involved. All employees, including supervisory personnel, shall participate in any meeting called by Human Resources for the purpose of effecting resolution of the grievance. Time spent in attendance at a meeting called by Human Resources shall be considered as hours worked. If the matter is not resolved in a face-to-face meeting, Human Resources shall make a written recommendation on resolution, which recommendation shall be delivered to the employee and to the appointing authority. Human Resources' written recommendation shall be completed within a reasonable time after the face-to-face meeting, or if none was called, after receipt of the appointing authority's written response.  
  • The recommendation by Human Resources office is not binding upon the appointing authority, however, if the appointing authority with concurrence from the responsible Vice President, does not implement all or any part of the recommendation, the appointing authority shall provide written explanation to Human Resources and the employee within 10 working days after receipt of the Human Resources recommendations.  

STEP 2 - APPEAL:

  • If the employee disagrees with the proposed resolution of the grievance the employee may appeal the decision to the responsible Vice President of the division in which the employee is employed. For purposes of this paragraph, the Athletic Director shall be considered a Vice President. If the appointing authority, with the concurrence of the responsible Vice President disagrees with all or any part of the resolution an appeal shall be made to another Vice President appointed by the President of the university.  
  • All information gathered by Human Resources, including the original complaint, response, and recommendations, along with any other pertinent information gathered by Human Resources shall be delivered to the Vice President who shall hear the appeal The Vice President may conduct additional fact-finding or rely solely on the information provided by Human Resources.  
  • The Vice President shall issue a ruling which shall be final and binding upon both parties. The Vice President may delegate the responsibilities of Step 2 to a designee.  

REPRESENTATION:

Neither the employee nor the appointing authority is permitted to have legal representation during this process.

RECOMMENDATIONS AND RESOLUTIONS:

All recommendations and resolutions shall conform to university rules and regulations and with applicable law.

 
DISPOSITION OF RECORDS:

Human Resources shall be the custodian of the official records. The files of all Grievance and Mediation proceedings shall be maintained in a file separate from employee's personnel file and shall not be released to members of the public, except as required by law.


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