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4.32 Conflict Resolution and
Grievance Process
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I. Definitions
Conflict
resolution is an informal process whereby full-time employees resolve
workplace disputes.
A
grievance is a formal process whereby a full-time employee alleges a
violation, inequitable application, or misinterpretation of a specific
college rule, regulation, policy, or procedure pertaining to the employment
relationship between the grievant and the College that cannot be resolved
through informal conflict resolution avenues.
II. Policy
The
College will establish and maintain a work climate within which a full-time
employee who seeks assistance in resolving a conflict, or a grievance
as defined above, will be afforded the opportunity to have the matter
presented and will receive fair and timely consideration according to the
following procedure.
III.
Purpose
This
policy establishes an informal and formal process for any full-time
employee who claims to have a conflict which cannot be resolved through
less formal measures involving supervisors.
IV. Informal Resolution of Conflicts
Employees
must exhaust all alternative conflict resolution options listed below prior
to utilizing the formal grievance procedure.
A. Employees should bring to the
attention of their supervisor(s) any work-related problems as soon as
possible after they arise.
B. If
attempts to resolve the conflict with the immediate supervisor(s) do not
resolve the conflict, the employee may request Employee Relations
Assistance by contacting the Associate
Vice President of Human Resources or designee no later than thirty calendar
days following the date of the conflict.
C. Informal Mediation
Employees
must, at a minimum, discuss informal mediation options after the employee
has requested Employee Relations Assistance and the employee feels the
conflict or alleged violation, inequitable application, or
misinterpretation of a specific college rule, regulation, policy or
procedure pertaining to the employment relationship between the grievant
and the College is still not resolved. (See PPM 4.65, Section III. A.) The employee may contact the Office of Equal
Opportunity to discuss the mediation program, and shall be required to
notify Human Resources of their decision regarding the mediation option no
later than five (5) working days following the completion of the Employee
Relations Assistance process. Both parties must agree to mediation before
the process can begin. If informal mediation does not resolve the conflict,
the employee still retains the option of filing a formal grievance as
detailed in Section V.
V. Formal
Grievance Regulations
A.
Applicability
A
formal grievance may only be filed after the employee has requested
Employee Relations Assistance and considered the option of the informal
mediation process. This grievance procedure applies to any full-time
employee. It does not permit a grievance that relates to dismissal, layoff,
non-renewal of contract, the designated discipline process referenced in
CPCC Policies and Procedures Manual 4.38, or other matters of employment
status except those resulting from violation of College policies and/or
procedures. A recommendation to initiate new policy or to change existing
policy is handled through normal administrative channels. Information
concerning an appeal of dismissal during term of contract or non-renewal of
an extendible contract is contained in Section
4.36 of the CPCC Policies and
Procedures Manual. If an employee has an allegation of
discriminatory treatment or harassment the employee should refer to Section 4.60 Discriminatory Harassment of the CPCC
Policies and Procedures Manual.
B.
Timeliness
A
grievance must be presented by the grievant within ten working days
following notification from the Office of Equal Opportunity that
consideration and/or utilization of the informal mediation process has been
completed (as outlined in Section IV.C).
The time may be extended by agreement of both parties or by
extenuating circumstances as decided by The Associate Vice President of
Human Resources or designee. If the grievant does not meet the stated time
limitations, the grievance will be denied and cannot be resubmitted.
C. Processing
Processing
timelines for each level of the grievance process are detailed in Section
VIII below. If processing time limitations are not met by the designated
reviewer(s) at each level, the grievant may then request that the grievance
be elevated to the next level.
VI. Grievance
Submission Procedure
An
employee with a grievance shall adhere to the following submission
requirements:
A. The employee must present the
grievance memorandum to Associate Vice President of Human Resources or
designee. The grievance memorandum will be reviewed by The Associate Vice
President of Human Resources or designee within two working days to
determine if it meets the definition of a grievance per this policy and
notification will be provided to the employee in writing as to the status
of the grievance (either accepted or denied). Such notification will
describe the next procedural steps for the grievance if accepted.
B. The full-time employee shall state
the grievance in memorandum form providing the following:
1. A
statement concerning the basis of the grievance that specifies the specific
college rule, regulation, policy or procedure that has allegedly been
violated, inequitably applied, or misinterpreted.
2. Attempts
made to solve the grievance through immediate supervisors, employee
relations assistance and/or informal mediation.
3. Results of those attempts.
4. The remedy or corrective action sought.
5. The signature of the aggrieved
employee on the dated memorandum.
VIII. Grievance
Processing Procedure
If the
grievance is accepted, Associate Vice President of Human Resources or
designee will determine the level the grievance will begin at as described
below:
A. Level 1 – Department Administrator
When
informal attempts to resolve the grievance with the immediate supervisor
have been unsuccessful (or in the absence of the immediate supervisor), the
grievance may begin with, or be elevated to, the department administrator
over the supervisor. The department
administrator will be given ten working days to review the grievance and
render a decision in writing to be provided to the grievant, the immediate
supervisor and the Associate Vice President of Human Resources or designee.
If the employee is not satisfied with this decision, he/she must notify the
Associate Vice President of Human Resources or designee within five working
days of receipt of the decision and request that the grievance be elevated
to the next level.
B. Level 2 – Unit Vice President (Option 1) or Peer Review
Board (Option 2)
If
not satisfied with the decision made by the department administrator, or in
the absence of a department administrator, the grievance may begin with, or
be elevated to, either the Peer Review Board as prescribed in Section 4.32
IX. or to the Unit Vice President
as prescribed in Section 4.32 X.
This decision shall be the choice
of the grievant.
IX.
The Peer Review Board (Level 2 – Option 2)
The
Peer Review Panel will act in an advisory capacity to administrators.
The Peer Review Panel assists in overcoming communication barriers and in
facilitating the resolution of problems.
A. Composition of the Peer Review Panel
1. The
Peer Review Panel will be composed of five members plus the Executive
Assistant to the President serving as the Facilitator. The President
of the College Senate and the Facilitator will select the five members of
the Panel from the College Senate and the Leadership Council, with the
majority of the panel being from the involved employee’s peer group. No
member of the Panel shall have any personal interest or be directly
involved in the grievance under consideration. The Panel shall appoint a
substitute when necessary. The Peer Review Panel may remove one of its
members, by majority vote of such panel.
B. Timeliness
If
the grievant requests a meeting with the Peer Review Panel, the Associate
Vice President of Human Resources will notify the Executive Assistant to
the President, who will then schedule and give notice of the Peer Review
Panel meeting. The meeting will be held within twenty work days of
the request from the grievant. Accommodations will be made for the
disabled. Any request for postponement must be submitted in writing
to the Facilitator at least three work days prior to the scheduled meeting.
The Facilitator reserves the right to extend the notice of the meeting date
or the date of the meeting. The Facilitator will forward the grievance
memorandum and a similar memorandum from the other party to the Peer Review
Panel no later than five work days prior to the date of the meeting.
C. The Panel Meeting
1. The Peer Review Panel meeting shall
be closed to the public.
2. The Facilitator will:
a. Convene the meeting.
b. Ensure
that the proceedings are conducted in an orderly and impartial manner.
c. Collect
and distribute pertinent materials to the Panel members.
d. Forward
the Panel’s decision to both parties of the grievance.
3. The
Panel will hold separate meetings with each party involved in the
grievance. After meeting with each party, the Panel may meet with
both parties together if the Panel feels such a meeting is necessary
before preparing its written decision. At all meetings, the Panel may
hear testimony, examine documents, and ask questions as deemed relevant to
the grievance.
4. After
holding meetings, hearing both parties, and reviewing documents pertinent
to the grievance, the Panel may decide whether testimony from other persons
will be useful.
5. Each
party may be accompanied by an institutional peer who will be present as an
observer. The peer will not participate in the meeting but can be
consulted by the party whom he/she is accompanying.
6. At the
close of the meeting, the Panel will consider the evidence presented and
will prepare a written decision. The facilitator shall ensure that the
written decision is submitted to both parties of the grievance, the
department administrator, and (when appropriate) to the Unit Vice President
or designee. These copies will be the only ones in existence, will be
treated as confidential documents, and will not become part of the official
personnel files.
7. After
considering the decision from the Peer Review Panel , the department
administrator (or the Unit Vice President when appropriate) shall render his/her
final decision in writing within five working days, providing reasons for
the determination on the issues.
X. Unit
Vice President (Level 2 – Option 2)
A. If the grievant is not satisfied
with the final decision of the department administrator, or in the absence
of such administrator, the grievant may request the grievance be presented
to the Unit Vice President. The grievant must notify the Associate Vice
President of Human Resources or designee within five working days of
receipt of the final decision of the department administrator and make a
request that the grievance be elevated to the Unit Vice President.
B. The Unit
Vice President shall be immediately supplied with a copy of all pertinent
materials.
C. The Unit
Vice President shall have ten working days to render a decision in writing
to be provided to the grievant, the immediate supervisor, the department
administrator, and the Associate Vice President of Human Resources or
designee.
XI. Appeal
Procedure
A. If the employee is not satisfied
with the decision as recorded in written form by the Unit Vice President,
an appeal may be made to the President. The grievant must notify the
Associate Vice President of Human Resources or designee within five working
days of receipt of the final decision of the Unit Vice President and make a
request that the grievance be elevated to the President.
B. The President shall have ten working
days to render a decision in writing to be provided to the grievant, the
immediate supervisor, the department administrator, the Unit Vice
President, and the Associate Vice President of Human Resources or designee.
The President’s decision shall be final.
Below
is version showing changes made on 1/9/2008.
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I.
Definitions
Conflict resolution is an
informal process whereby full-time employees resolve workplace disputes.
A
grievance is a formal process
whereby an a full-time employee alleges a violation, inequitable application, or
misinterpretation of a specific college rule, regulation, policy or , procedure, or contract pertaining to the
employment relationship between the grievant and the College that cannot be resolved through informal
conflict resolution avenues.
II.
Policy
The
College will establish and maintain a work climate within which a full-time
employee who has seeks
a assistance in
resolving a conflict, or a grievance as
defined above, will be afforded the opportunity to have the matter presented
and will receive fair and timely consideration according to the following grievance
procedure.
III.
Purpose
This
policy establishes an appeal informal and formal process
for any full-time employee who claims to have a grievance conflict or a grievance which cannot be resolved through less formal
measures involving supervisors and/or mediation. It
specifically describes, but is not limited to, the appeal route for an
employee in a typical situation in which the issue being appealed developed
in the employee's department or group. The Associate Vice President for
Associate Vice President of Human Resources or designee can advise an
employee who has a question about presenting a grievance in other situations.
IV. Regulations Informal Resolution of Conflicts
Employees should exhaust all alternative conflict resolution options listed
below prior to utilizing the formal grievance procedure.
A. Employees should bring to the
attention of their supervisor(s) any work-related problems as soon as
possible after they arise.
B. If attempts to resolve the
conflict with the immediate supervisor(s) do not resolve the conflict, the
employee may request Employee Relations Assistance by contacting the
Associate Vice President of Human Resources or designee no later than thirty
(30) calendar days following the date of the conflict.
C. Informal Mediation
During
the grievance process, Employees may must, at a minimum, seek discuss informal mediation options after the employee has requested Employee Relations Assistance and the department administrator or the employee's
immediate supervisor has rendered a decision that the employee feels does not resolve the
conflict or alleged
violation, inequitable application, or misinterpretation of a specific
college rule, regulation, policy or procedure pertaining to the employment
relationship between the grievant and the College is still not resolved. (See PPM
4.65, Section III. A.) The employee may contact the Office of Equal Opportunity to
discuss the mediation program, and shall be required to notify Human
Resources of their decision regarding the mediation option no later than five
(5) working days following the completion of the Employee Relations
Assistance process. Both parties must agree to mediation before the process
can begin. If informal mediation does not resolve the conflict, the employee
still retains the option of filing a formal grievance as detailed in Section V.
V. Formal Grievance Regulations
A.
Applicability
A formal grievance may only be filed after the employee has
requested Employee Relations Assistance and considered the option of the
informal mediation process. This
grievance procedure applies to any full-time employee. It is not designed
to does not permit a grievance that relates to dismissal,
layoff, non-renewal of
contract, the designated discipline process
referenced in CPCC Policies and Procedures Manual 4.38, or other matters of employment status unless
there is a contention that any such action was in violation of written
College policies, procedures, or regulations; to an evaluation rating unless
the evaluation rating is "unsatisfactory"; or to a change in
policy. except those
resulting from violation of College policies and/or procedures. A recommendation to initiate new policy or to
change existing policy is handled through normal administrative channels.
Information concerning an appeal of dismissal during term of contract or
non-renewal of an extendible contract is contained in Section 4.36 of the CPCC Policies and Procedures
Manual. Information concerning If an employee has an allegations of discriminatory treatment or
harassment is contained in the employee should refer to Section 4.60 Discriminatory Harassment of the CPCC
Policies and Procedures Manual.
B.
Timeliness
A
grievance must be presented by
the grievant with "reasonable
promptness" within ten (10) working days following
notification from the Office of Equal Opportunity that consideration and/or
utilization of the informal mediation process has been completed (as outlined
in Section IV.C). Processing
at each step, unless otherwise stated in this procedure, cannot exceed 30
working days; however, The time may be extended by agreement of both
parties or by extenuating circumstances as decided by the administrator to
whom the grievance is presented. The Associate Vice President of Human Resources or designee. If the grievant does not meet the stated time
limitations, the process will be terminated, and such grievance the grievance will be denied and cannot be resubmitted.
C. Processing
Processing timelines for each level of the grievance process are
detailed in Section VIII below. If
processing time limitations are not met by the administrator designated reviewer(s) at each step level, the grievant
may then request higher administrative assistance in obtaining requested
relief. that the
grievance be elevated to the next level.
VI.
Grievance Submission Procedure
An
employee with a grievance shall adhere to the following appeal route submission requirements:
A. The employee must present the
grievance memorandum to the Associate
Vice President of Human Resources or designee dean or manager, the department administrator or to the
employee's immediate administrator if the employee does not report to a
department administrator. The grievance memorandum will be reviewed by the Associate Vice
President of Human Resources or designee within two (2) working days to
determine if it meets the definition of a grievance per this policy and
notification will be provided to the employee in writing as to the status of
the grievance (either accepted or denied). Such notification will describe
the next procedural steps for the grievance if accepted.
B.
The full-time employee shall state
the grievance in memorandum form providing the following:
1. A
statement concerning the basis of the grievance that specifies the
specific college rule, regulation, policy or procedure that has allegedly
been violated, inequitably applied, or misinterpreted.
2. Attempts
made to solve the grievance through immediate supervisors, employee relations assistance and/or informal mediation.
3. Results of those attempts.
4. The remedy or corrective action
sought.
5. The signature of the
aggrieved employee on the dated memorandum.
VIII. Grievance Processing Procedure
If the grievance is accepted, the
Associate Vice President of Human Resources or designee will determine the level
the grievance will begin at as described below:
A. Level 1 – Department
Administrator
When informal attempts to resolve the grievance with the immediate
supervisor have been unsuccessful (or in the absence of the immediate
supervisor), the grievance may begin with, or be elevated to, the department
administrator over the supervisor. The department administrator will be
given ten (10) working days to review the grievance and render a decision in
writing to be provided to the grievant, the immediate supervisor and the
Associate Vice President of Human Resources or designee. If the employee is
not satisfied with this decision, he/she must notify the Associate Vice
President of Human Resources or designee within five (5) working days of
receipt of the decision and request that the grievance be elevated to the
next level.
B. Level 2 – Unit Vice
President (Option 1) or Peer Review Board (Option 2)
If
not satisfied with the decision made by the department administrator, or in
the absence of a department administrator, the employee shall present the
grievance to the dean or manager of the group. If not satisfied with that
decision, or in the absence of a dean or manager, the employee may then
present the grievance memorandum to the the grievance may begin with, or be
elevated to, either the Peer Review Board
Panel as prescribed in Section 4.32 IX. V.D. or
to the Unit Vice President as
prescribed in Section 4.32 X. V. E. This decision shall be the choice of the grievant.
IX.
The Peer Review Board (Level 2 – Option 2)
The
Peer Review Board Panel
was established to act in an advisory
capacity to administrators. The Peer Review Board Panel assists
in overcoming communication barriers and in facilitating the resolution of
problems.
A. Composition of Peer Review Panel
1.
The Peer Review Board Panel for exempt employees will
be composed of six five
members plus the Executive Assistant to the President serving as
the facilitator. Three members
and two alternates will be selected by the College Senate Executive
Committee. These members will serve staggered three-year terms.
The two alternates will be selected annually. The other three members and
two alternates will be selected by annual lottery from the exempt
employees. Alternates will be used in the absence of selected members or
when a conflict of interest arises. If the aggrieved employee deems
there is a conflict of interest, he/she shall have the right to excuse,
without showing cause, one member of the Peer Review Board prior to the
convening of the first meeting. The President of the College Senate and the facilitator will
select the five members of the Panel from the College Senate, the Leadership
Council and the Classified Staff Council, with the majority of the panel
being from the involved employee’s peer group. No member of the Panel shall
have any personal interest or be directly involved in the grievance under
consideration. The Panel shall appoint a substitute when necessary.Each The Peer
Review Board Panel may remove one of its members, by majority vote of
such board, for cause.
A
similar Peer Review Board will be formed for classified employees with the
selection by the Classified Staff Council Executive Committee and from the
non-exempt (Classified) employees using the same procedure as described
above.
B. Timeliness
If
the grievant requests a hearing before the Peer Review Board Panel,
the dean or manager (or Unit Vice President when appropriate) Associate Vice President of Human
Resources will notify the Executive Assistant to the President (facilitator),
who will then schedule and give notice
of the Peer Review Board Panel meeting. The
meeting will be held within fifteen twenty (20) working
days of the request from the aggrieved employee grievant. Accommodations will be made for the disabled. Any request for postponement must be
submitted in writing to the facilitator at least three (3) work days prior to
the scheduled meeting. The facilitator reserves the right to extend the
notice of the meeting date or the date of the meeting. The dean or manager (or Unit Vice
President when appropriate) facilitator will forward the
grievance memorandum and a similar memorandum from the other party to the
Peer Review Board Panel
no later than five (5) working
days prior to the date of the meeting.
C. The Panel Meeting
1. The Peer Review Board will meeting shall be closed to the public.
a.
Select a facilitator to preside at its meetings. The facilitator will be
the seventh member of the Board. and will be elected from employees who are
exempt and non-administrative.
b.
Route the memoranda to both parties of the grievance.
2.
The facilitator will:
a.
Convene the hearing sessions. meeting.
b.
Ensure that the proceedings are conducted in an orderly and impartial manner.
c.
Collect and distribute pertinent materials to the Board Panel members.
d.
Forward the Panel's advisory decision to the dean or
manager (or Unit Vice President when appropriate) and to the both parties
of the grievance.
e. The facilitator will not be
involved in the proceedings
of
the hearing or the deliberations of the Board.
3.
The Board Panel will hold separate meetings with each party involved
in the grievance. After meeting with each party, the Board Panel
may meet with both parties together if the Board Panel
feels such a meeting is necessary before preparing its written advisory
decision. At all meetings, the Board Panel
may hear testimony, examine documents, and ask questions as deemed relevant
to the grievance.
4. After
holding meetings, hearing both parties, and reviewing documents pertinent to
the grievance, the Board Panel may decide whether
testimony from other persons will be useful.
5. Each
party may be accompanied by an institutional peer who will be present as an
observer. The peer will not participate in the hearing meeting but can be consulted by the party whom he/she is accompanying.
6. At the
close of the hearing meeting, the
Panel will consider the evidence presented and will prepare a written
decision. The facilitator shall ensure
that a the written advisory decision is prepared and submitted to the dean or manager (or Unit
Vice President when appropriate) and to the both parties of the grievance, the
department administrator, and (when appropriate) to the Unit
Vice President or designee. These three
copies will be the only ones in existence, will be treated as confidential
documents, and will not become part of the official any personnel files.
7. The
Peer Review Board shall submit to the dean or manager (or Unit Vice President
when appropriate) an advisory report of its findings. After considering
the advisory report decision
from the Peer Review Board, Panel
, the department administrator (or the Unit Vice President when appropriate) shall render his/her final decision in writing
within five ten (10)
working days, providing reasons for the
determination on the issues.
X.
Unit Vice President (Level
2 – Option 2)
A. F. AIf
the employee grievant is not satisfied with the final decision of a
dean or manager the
department administrator, or in the
absence of such administrator, the employee grievant may present request
the grievance be presented to the Unit Vice President. The grievant must notify the Associate
Vice President of Human Resources or designee within five (5) working days of
receipt of the final decision of the department administrator and make a
request that the grievance be elevated to the Unit Vice President.
B.
The Unit Vice President shall
be immediately supplied with Five
working days prior to the meeting with the Unit Vice President, the employee
shall provide that vice president with a copy of all pertinent materials.
C.
The Unit Vice President shall have ten (10) working days to render a decision
in writing to be provided to the grievant, the immediate supervisor, the
department administrator, and the Associate Vice President of Human Resources
or designee.
XI. Appeal Procedure
A. G. If the employee is not
satisfied with the decision as recorded in written form by the Unit Vice
President, an appeal may be made to the President. The grievant must notify the Associate
Vice President of Human Resources or designee within five (5) working days of
receipt of the final decision of the Unit Vice President and make a request
that the grievance be elevated to the President.
B. H. If the employee is not
satisfied with the President's decision, he/she may take the grievance to the
Board of Trustees in accordance with its by-laws.
B. The President shall have ten
(10) working days to render a decision in writing to be provided to the
grievant, the immediate supervisor, the department administrator, the Unit
Vice President, and the Associate Vice President of Human Resources or
designee. The President’s decision shall be final.
Approved by Cabinet January 8, 2008
Approved by
Cabinet July 8, 2002
PPM4.32
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