|
> MSU Policy and Procedures > Personnel Policy and Procedures Manual
SECTION CONTENTS
810.00 Grievance Procedures for Non-Academic Employees
810.10 References
810.20 Applicability
810.30 Definition of a Grievance
810.40 Rules of Grievance Processing
810.50 Steps in Grievance Processing
810.60 History
820.00 Discrimination Complaints
820.10 References
820.20 Policy
820.30 History
830.00 Grievance Procedures for Student/Temporary Employees
830.10 Policy
Modified November 2001
810.10 References
- Section 203.05.2, "Appeals," Montana University System Policy and Procedures Manual.
- Section 1300.00, "Conciliation and Grievance," MSU Faculty Handbook.
Grievance procedures for academic faculty are contained in Section 1300.00 of the MSU Faculty Handbook.
Employees covered by this grievance policy and procedure are as follows:
A. Classified employees who are not part of a collective bargaining unit.
B. Employees on a Board of Regents Contract or Letter of Appointment in professional or administrative positions.
C. For administrative/professional employees who also have instructional/research responsibilities, the nature of their grievance will determine the appropriate procedure. A grievance relating to the academic appointment would be filed under the Faculty Handbook grievance provisions (Section 1300.00); a grievance about the professional/administrative appointment would be filed under this procedure.
D. Classified employees represented by a union have their grievance procedures outlined in the appropriate collective bargaining agreement.
Grievances alleging sexual harassment or discrimination on the basis of race, religion, sex, sexual preference, age, national origin, color, marital and parental status, creed or political belief, mental or physical handicap or disability, or status as veteran should be referred to the Human Resources/Affirmative Action Office. (Reference Section 820.00 of this manual, "Discrimination Complaints")
A grievance exists when an employee feels dissatisfied with some aspect of his or her employment and desires remedial action. For classification related grievances, the statutory classification appeal procedures shall be followed. (Reference Section 905.00 of this manual, "Statewide Classification System.")
A. Reference to "days" refers to working days unless specifically stated otherwise. A working day is defined as all week days, Monday - Friday, which are not designated as holidays.
B. In computing time periods, the day of the incident for which the designated time period begins is not included.
C. The grievant carries the burden of moving the grievance forward within the time period specified for that step, unless the time period has been extended by mutual agreement of the parties. Failure of the grievant to comply with the established time limits shall result in dismissal of the grievance.
D. If a step in the following procedure is deemed inappropriate (for example, a second level of supervision does not exist below the President), that step may be bypassed by submitting the grievance to the next step.
Most employee concerns can be settled by informally discussing the problem with the immediate supervisor. Employees are encouraged to present work related concerns to their supervisor for informal resolution, and are protected from discrimination, coercion, restraint, or reprisal in initiating either an informal or formal action.
The steps of formal grievance processing are as follows:
A. Step 1 - Within 15 days of the grievable incident, or the employee's initial knowledge of the grievable incident, the employee may submit a written grievance to the immediate supervisor. The grievance should contain a complete statement of the action or situation being grieved and the remedy being sought. The supervisor must provide the employee a written decision within five working days of receipt of the grievance.
B. Step 2 - If the employee is not satisfied with the Step 1 response, the employee may, within 5 working days of the receipt of the response, submit the grievance to the next level of supervision. The supervisor at this level shall, within 5 working days of receipt of the grievance, submit a written decision to the employee and the immediate supervisor. This shall be repeated for each additional level of supervision until the appropriate Vice President has been provided an opportunity to resolve the grievance.
If the Grievant reports directly to the President, the President may elect to refer the grievance to the MSU-Bozeman Personnel Board before rendering a decision.
C. Step 3 - If the employee is not satisfied with the Step 2 response, the employee may request a review by the MSU-Bozeman Personnel Board. To initiate this review, the grievance should be submitted to the Assistant Vice President for Administration within 5 days of the receipt of the last Step 2 response. The MSU-Bozeman Personnel Board has 15 days to initiate hearing proceedings.
In hearing grievances, the Board serves in a fact-finding role. Testimony will be requested from parties the Board considers relevant to the grievance. The Board's review will focus on:
1. Whether there was compliance with all relevant laws, rules and regulations.
2. Whether there is convincing evidence that the decision was not irrational, arbitrary or capricious.
3. Whether, in cases of discharge, there existed a legitimate business reason for the discharge.
For persons on a Board of Regents contract, discharge is considered to be termination before the end of the current contract year. In cases of non-renewal, the University has the right to elect not to renew the contract of any professional or administrative employee. In hearing a grievance involving contract non-renewal, the Personnel Board will only concern itself with items #1 and #2 above. (Reference Section 750.00 of this manual, "Non-Renewal.")
Grievants may choose to have an attorney with them during the Personnel Board hearing; however, legal counsel may not participate in the proceedings of the hearing, but may only be present to advise the client.
Because of the potential personal privacy interests involved in the subject matter of many grievances, grievance hearings will be closed unless the grievant and any other participants in the hearing waive their right to individual privacy. Only MSU-Bozeman Personnel Board members, the grievant, management, and any witnesses called by the Board or either party will be allowed to attend proceedings of the hearing. Deliberations of the Board will be in a closed session, and will be confidential proceedings.
The Board will submit its written findings and recommendations to the President, with a copy to the Vice President for Administration, within 10 working days of completion of its hearing.
The President, or designated representative, will submit a written decision to the employee within 5 working days of receipt of the MSU-Bozeman Personnel Board's findings and recommendation.
D. Step 4 - The employee may appeal the President's decision to the Office of the Commissioner of Higher Education. This appeal must be made within 5 working days of receipt of the President's decision. The Commissioner will decide whether to hear the grievance.
E. Step 5 - The grievant may appeal the grievance to the Board of Regents within 5 working days of receipt of the Commissioner's decision. The Board of Regents will decide whether to hear the grievance. The Board of Regents' decision is final.
Reviewed by the MSU Personnel Board on February 27, 1986, and approved by the Director of Administration on March 10, 1986. Revision approved by the Vice President for Administration on May 2, 1991. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Modified November 2001
- Title VI and VII of the Civil Rights Act
- Title IX of the Education Amendments
- Section 504 of the Rehabilitation Act
- Executive Order 11246, the Vietnam Veteran's Readjustment Act
- Montana Code of Fair Practice
- Montana State Human Rights Act
Montana State University-Bozeman does not discriminate in its employment policies on the basis of race, religion, sex, sexual preference, age, national origin, color, marital and parental status, creed, political belief, physical or mental handicap, disability, or status as veteran.
Montana State University-Bozeman maintains a Sexual Harassment Policy which prohibits the sexual harassment of employees by co-workers or supervisors.
Montana State University-Bozeman shall afford any employee the right to file a complaint on the grounds of discrimination or sexual harassment. The Affirmative Action Office should be contacted for specific procedures, or when a violation of this policy appears to have occurred.
Reviewed by the MSU Personnel Board on February 27, 1986, and approved by the Director of Administration on March 10, 1986. Update approved by the Vice President for Administration on September 17, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
830.00 Grievance Procedures for Student/Temporary Employees
Revised February, 2000
Student employees and temporary employees may use the following grievance procedures if they believe that they were terminated from their employment with MSU-Bozeman without good cause. For purposes of this grievance procedure, "good cause" means reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of an employer's operation, or other legitimate business reason.
The grievant carries the burden of moving the grievance forward within the time period specified for each step, unless the time period has been extended by mutual agreement of the parties. Failure of the grievant to comply with the established time limits shall result in dismissal of the grievance.
Steps in Grievance Process
A. Step 1 - Within ten (10) working days of the termination, the employee may submit a written grievance to the immediate supervisor on a grievance form available from Personnel and Payroll Services. The grievance should contain a complete statement of why the employee believes the termination was not for good cause and the remedy being sought. The supervisor must provide the employee a written decision within five working days of receipt of the grievance.
B. Step 2 - If the employee is not satisfied with the Step 1 response, the employee may, within five (5) working days of the receipt of the response, submit the grievance to the next level of supervision. The supervisor at this level shall, within five (5) working days of receipt of the grievance, submit a written decision to the employee and the immediate supervisor. This shall be repeated for each additional level of supervision until the appropriate Dean or Director has ruled on the grievance. The decision of the appropriate Dean or Director is intended to be the final decision of the university. If the Dean or Director is the immediate supervisor, the grievance will be submitted to the appropriate Vice President/Provost for the final decision.
Table of Contents
|
