Grievances, as defined in the policy manual, may be pursued by staff employees in accordance with the following procedure:
The grievance shall be orally presented and discussed with the lowest level work coordinator, supervisor, or administrator with authority to resolve the conflict. This must be done within five working days of the action which is the basis for the grievance or within five working days of when the staff employee has knowledge of the action providing the basis for the grievance.
If the grievance is not resolved through oral discussion, a written grievance shall be filed on the college grievance form with a copy going to the employee's supervisor of record, the Director of Human Resources & Affirmative Action and the LSA Executive Council within five working days after the oral discussion. The written grievance must state the basis of the grievance and the requested remedy. A written response is required from the supervisor within five working days of receipt of the written grievance.
If the employee is dissatisfied with the supervisor's written response, the employee shall request, within five working days, consideration by a fair hearing panel. This request shall be made in writing to the Director of Human Resources & Affirmative Action. The Director of Human Resources & Affirmative Action shall convene, within 10 working days, a fair hearing panel.
The panel shall consist of two administrators appointed by the college President and two staff members appointed by the LSA Executive Council. The Director of Human Resources & Affirmative Action shall act as an ex officio member solely for the purpose of soliciting additional information.
This panel has responsibility and authority to determine whether the issue is a grievance under the college policy. The panel's decision regarding whether the issue is a grievance is final and binding on both parties. If the issue does not constitute a grievance, the staff member can always discuss the situation with his/her supervisor or the supervisor's supervisor.
If the issue is a grievance and the employee is still not satisfied with the resolution, the employee may appeal to the vice president responsible for his/her area within 7 working days of receiving the fair hearing panel's response. The vice president's response is required within 7 working days of receipt of the written grievance.
Should the employee be dissatisfied with the Vice President's response, he/she may, within seven working days of receiving the response, appeal to the college President.
The college President will determine whether a meeting with the employee is necessary. If such a meeting is held, the President's response to the grievance will be reduced to writing within ten days of the meeting. If the President determines that no meeting is necessary, the President's response to the grievance will be reduced to writing and delivered to the employee.
The President's decision shall be final and binding on both parties.
To the extent possible, the grievance meetings shall be scheduled at mutually convenient times.
No individual shall be discriminated against in any manner by virtue of the fact he/she filed a grievance nor shall any record of such be kept in the individual's personnel file except upon the request of the employee.
Participants, witnesses, and panelists at any step of the proceedings shall be provided paid release time from their duties as necessary.
The time limits provided in this procedure may be extended by mutual agreement of the parties. Otherwise, if the employee fails to observe any of the time limits set forth in this procedure, the employee shall have waived the claim in the grievance and no subsequent steps in the grievance procedure shall occur. If the employer fails to meet a deadline set by this procedure, the grievance shall automatically advance to the next step.
Settlement of a grievance at any step of this procedure shall be final and binding upon the employer and the staff employee.
The employee filing the grievance may be present at any step in the grievance process. The staff employee may request that a continuing college employee be present at any step in the grievance procedure. Witnesses may be called by either party at any step in the procedure to provide relevant information.
Documents relevant to the resolution of the grievance shall be made available to both parties.
Representatives selected by the LSA may meet with the employee prior to the convening of any step in the grievance procedure.
Working day is defined as Monday through Friday on any day the employee is scheduled to work.