Grievance Procedure

Staff Policy & Procedure Manual

Policy C-2

GRIEVANCE PROCEDURE

Effective Date:

07/01/12

Applicable Law/Statute: None

Source Doc/Dept: All-CPD/HR

Authorizing GB Pol./Reg.

GB Pol. 3.3

A. Purpose. To set out MCCCD’s procedure for eligible employees to seek redress for an alleged misapplication, misinterpretation, or violation of a specific provision of an applicable employee policy or Governing Board policy or administrative regulation which affects the employee.

B. Applicability. All Regular, Board-approved employees.

C. Policy.

1. Ground Rules.

a. The District’s formal grievance procedure provides a process for employees to voice complaints concerning specific issues related to their employment. The objective is to improve employee-management relations through a prompt and fair method of resolving problems. All actions at any stage of the grievance procedure shall be characterized by fairness, frankness, courtesy, and respect for the dignity of each individual involved. Employees have the right to file a grievance without prejudice; and the employee, their representatives, and their witnesses shall not be subjected to corrective action, harassed, or otherwise unfairly dealt with as a result.

b. A “grievance” for purposes of this policy and procedure is an allegation by an eligible employee of a misapplication, misinterpretation, or violation of a specific provision of an applicable employee policy or Governing Board policy or administrative regulation, which affects the employee. A “grievant” is an eligible employee claiming such a misapplication, misinterpretation, or violation has occurred. If more than one employee claims they have been similarly affected by an alleged misapplication, misinterpretation, or violation of a specific provision of an applicable employee policy or Governing Board policy or administrative regulation, they may file a group grievance hereunder.


c. All employees who have successfully completed their initial probationary period are eligible to file a grievance. All employees are encouraged to informally discuss employment concerns with their immediate supervisor, the employee’s chain of command, or with the College or District Human Resources Department, whichever is most appropriate given the issue. Every effort should be made to resolve issues at the lowest level possible.

d. This grievance procedure is the internal remedy available to eligible employees for resolving grievances. This does not preclude any external remedies available to the employee. Complaints involving illegal discrimination, including allegations of sexual harassment or a violation of the ADA, are resolved pursuant to Policy XX and not this grievance procedure. Appeals of employee discipline are resolved pursuant to Policy XX and not this grievance
procedure.

e. A grievant may be represented at any grievance level by a fellow MCCCD employee of the grievant’s choosing. During the grievance hearing the representative shall be permitted to observe and take notes, be permitted a limited right to speak, to include speaking to the policy issue(s) in question, repeating to the administrator points the employee has already made, and explaining to the administrator the significance of points made by the employee. The representative has no right to speak for the employee in response to questions; however may confer with the employee in a confidential manner.

f. All grievance level meetings are closed, private meetings and not meetings of a public body as defined in Title 38, Arizona Revised Statutes.

g. Meetings held under this procedure shall be conducted at a time and place that affords a fair and reasonable opportunity for all persons entitled to be present to attend. The grievant(s), the grievant’s representatives, and any necessary witnesses may attend this meeting. Employee(s) and their representative(s) shall be permitted to present oral and written statements during meetings.

h. As a grievance moves from one level to the next, the grievant may not add new considerations to the grievance.

i. Any grievance not initiated or taken by the grievant to the next level within the stated time limits will be considered resolved. Any grievance answer not timely provided to the grievant shall permit the grievant to proceed to the next level in the grievance procedure. Time limits for invoking the next higher level in the grievance procedure shall commence on the date the grievance answer is due. The parties may, by mutual agreement, extend any of the time periods established in this procedure.

j. An employee whose immediate supervisor is a Vice President/College Administrator or College President/Vice Chancellor and who wishes to submit a formal written grievance after the Verbal Discussion described in Section C (2) (a.) herein shall proceed to the level which represents the employee’s supervisor’s supervisor.

k. Documents, communications, and other records dealing with the processing of a grievance will be maintained in a separate grievance file in the District Human Resources office. Confidentiality will be maintained to the extent possible, and a copy will be made available to the employee upon request.

l. Grievants will be allowed reasonable release time to meet with the grievant’s
representatives and participate in meetings described herein.

m. The District supports and recommends the Interest-Based Negotiations (IBN) approach to the resolution of grievances. This approach encourages the parties to the grievance to meet with a facilitator and together:

i. Advocate for their interests
ii. Educate one another on the issues
iii. Jointly determine objective solution criteria
iv. Create multiple options before determining possible solutions
v. Choose the option which best meets the identified interests & criteria
vi. Build working relationships through conflict resolution


n. All references to Vice-Presidents, Administrators, Presidents, Vice-Chancellors, the Chancellor, and the Governing Board shall be deemed to include their designees.

o. The term “Immediate Supervision” as used herein shall be deemed to include all supervisors in the grievant’s chain of command up to and including the supervisory position immediately subordinate to the grievant’s Vice President/College Administrator.


2. Grievance Procedure.

a. Verbal Discussion with Immediate Supervision.

i. An employee with a grievance shall meet with and/or discuss the issue with the employee’s immediate supervision within 20 days of the date the employee knew or reasonably should have known of the event giving rise to the issue. If a meeting is to be held it shall be within 10 days of the employee’s request.
ii. The immediate supervision shall provide the employee with a verbal decision during the discussion/meeting or within 10 days after the discussion/meeting.
iii. If the employee is not satisfied with the verbal response from the immediate supervision, the formal steps which follow may be pursued.

b. Level I – Written Grievance to Vice President/College Administrator.

i. Within 10 days of the reply at the Verbal Discussion level, or if no reply is received, within 15 days after the verbal discussion/meeting, the grievant may submit a formal written grievance, using the District’s grievance form, to the grievant’s Vice President/College Administrator.
ii. The Vice President/College Administrator shall hold a meeting to discuss the grievance within 10 days after receipt. The Vice President/College Administrator shall reply in writing to the grievant within five days after the meeting.
iii. If the grievant is not satisfied with the written answer of the Vice President/College
Administrator, the grievance may be submitted to Level II of the grievance procedure.

c. Level II – Written Grievance to College President/Vice Chancellor.

i. Within 10 days of the reply at Level I, or if no reply is received, within 20 days after the submission at Level I, the grievant may submit the grievance, using the District’s grievance form, to the grievant’s College President/Vice Chancellor.
ii. The College President/Vice Chancellor shall hold a meeting to discuss the grievance within 10 days after receipt. The College President/Vice Chancellor shall reply in writing to the grievant within 10 days after the meeting.
iii. If the grievant is not satisfied with the written answer of the College President/Vice Chancellor, the grievance may be submitted to Level III of the grievance procedure.

d. Level III – Chancellor.

i. Within 10 days of the reply at Level II, or if no reply is received, within 20 days after the submission at Level II, the grievant may submit the grievance, using the District’s
grievance form, to the Chancellor.
ii. The Chancellor may hold a meeting to discuss the grievance within 15 days after receipt.
The Chancellor shall reply in writing to the grievant within 15 days after the meeting.
iii. If the grievant is not satisfied with the written answer of the Chancellor, the grievance may be submitted to Level IV of the grievance procedure.


e. Level IV – Governing Board.

i. Within 10 days of the reply at Level III, or if no reply is received, within 20 days after the submission at Level III, the grievant may submit the grievance, using the District’s grievance form, to the Governing Board.
ii. The Governing Board may, at its option, review the evidence and issue a final written decision within 30 days after receipt. The written decision shall be forwarded to the grievant.
iii. The Governing Board’s decision shall be final and binding. If the Governing Board elects not to consider the grievance, the decision of the Chancellor at Level III shall be final and binding.
 

C-2-Grievance Procedure.pdf