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CONTENTS:
I. Introduction
II. Informal
Reconciliation Procedures
III. Formal
Grievance Procedures
IV.
A&PS Grievance Committee Procedures
V. Amendments
to the A&PS Grievance Procedures
Outline
of the A&PS Grievance Procedures Timetable
Glossary
Adopted July 25, 1988
Revised December 23, 1997; January 8, 1998
A.
The Administrative and Professional Staff (A&PS) Grievance
Procedures apply only to grievances between A&PS members. Any member of
the A&PS who feels aggrieved in a matter related but not restricted
to reappointment, promotion, reclassification, suspension, or termination
may avail himself or herself of the A&PS Grievance Procedures. Matters
referred to in Section I.B. are specifically excluded.
B.
Matters relating to salary, employee benefits, and compensation (e.g.,
separation agreements) are specifically excluded from the purview of the
A&PS Grievance Procedures. Also excluded are matters relating to discrimination in employment (e.g., reappointment, promotion, reclassification, suspension,
or termination) and matters relating to racial or sexual harassment. Refer
to other grievance procedures in the appendices of the A&PS Handbook,
or consult the Department of Human
Resources for information regarding appeal options for these matters.
C.
If a member of the A&PS feels aggrieved in an area described in Section
I.A., he or she may meet with any member of the A&PS
Grievance Committee or the Director of Human Resources
to determine the options that are available to address the matter. If
the grievant decides to seek resolution through the
procedures outlined in this document, he or she must so notify the Director
of Human Resources in writing within ten (10) working days
of the action prompting the complaint.
D.
Within five (5) working days of receipt of such a letter, the Director
of Human Resources, after consultation with the grievant, shall designate
a respondent. Within five (5) working days of written
notification of the identity of the respondent, the grievant must notify
the Director of Human Resources in writing whether he or she has chosen
the informal procedures (Section II.) or the formal
procedures (Section III.).
E.
It shall be appropriate at any point in the following A&PS Grievance Procedures
for there to be meetings of the grievant, respondent, or mediator with
the Director of Human Resources, separately or collectively.
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A.
Whenever possible, a grievant is encouraged to follow an informal reconciliation
process in which one or more neutral parties shall facilitate communications
between the disputing parties, in either combined or separate sessions.
The list of mediators shall consist of the non-student members of the
Oberlin College Mediation Board. The A&PS staff of the Department
of Human Resources and all members and alternate members of the A&PS Grievance Committee are specifically excluded from the
mediation list.
B.
If a grievant notifies the Director of Human Resources that he or she
wishes to initiate informal procedures, the Director of Human Resources
shall confer with the respondent and inform him or her by letter, with
copies to the grievant and the A&PS Grievance Committee chair, that
the grievant has a complaint and wishes to proceed informally. The respondent
shall have five (5) working days to respond by writing to the Director
of Human Resources, either accepting or rejecting the request to participate
in informal procedures.
If the respondent agrees to
participate in the informal procedures, both the grievant and respondent
shall have an opportunity to remove names from the list of mediators.
The Director of Human Resources shall then select one or more, usually
no more than three, mediators from the remaining names. In the case of
more than one mediator, the Director of Human Resources will appoint the
lead mediator.
C.
The grievance timetable shall be suspended during this informal reconciliation
step. If the lead mediator notifies the Director of Human Resources in
writing that the grievant is satisfied with the results of the informal
process, the Director of Human Resources shall promptly inform the chair
by letter, with copies to the grievant, the mediator(s), and the respondent,
that the matter is closed.
D.
If the respondent does not wish to participate in the informal process,
or if the mediator notifies the Director of Human Resources in writing
that the informal process should be terminated because at least one party
is dissatisfied with the progress being made, then the Director of Human
Resources shall promptly inform the grievant by letter, that he or she
has five (5) working days in which to file a formal grievance. The Director
of Human Resources will send copies of this letter to the respondent,
the mediator(s), and the chair.
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A.
General Procedures
- There are three formal steps
in the A&PS Grievance Procedures. The first step is a written formal
grievance to the respondent (Section III.B.).
The second step is a written request for investigation to the A&PS Grievance
Committee (Section III.C.). The third step is
a written appeal to the President (Section III.D.).
The steps of the A&PS Grievance Procedures must be followed in the
order stated.
If the grievant wishes
to drop the grievance, he or she may do so at any step of the A&PS
Grievance Procedures by writing a letter to the A&PS Grievance Committee
chair to this effect. The chair shall write to the parties involved
and the Director of Human Resources, informing them that the matter
is closed.
- A grievance shall be resolved
without unnecessary delay. The chair shall oversee the grievance timetable
and shall remind the parties involved of each succeeding deadline. The
chair may extend any of the time limits specified below before the normal
time limit has expired. Any of the parties may request an extension
for a specific period of time by writing to the chair, who shall consider
the request and make a decision. Notification of any extension of the
time limits must be sent to all persons in the chain of
direct supervision, the respondent, and the Director of Human Resources.
If the grievant does not
proceed with the grievance within the timetable, the chair shall write
to the parties involved and the Director of Human Resources, informing
them that the matter is closed.
If the respondent does
not respond to the formal grievance to the respondent (Section
III.B.), or if the division head (or President)
does not respond to the A&PS Grievance Committee report (Section
III.C.) within the timetable, the chair shall attempt to elicit
a response. If there is no response, the chair shall inform the grievant
who may then proceed to the next step in the A&PS Grievance Procedures.
- All proceedings and records,
from the informal reconciliation proceedings through the appeal to the
President, shall be confidential. None of the persons involved in the
A&PS Grievance Procedures shall make any public announcement of the
substance, findings, or decisions unless permission to do so is granted
by both the grievant and the President.
- After the grievance process
has been completed, the chair shall forward to the Director of Human
Resources a complete copy of all official reports and correspondence
related to the grievance, to be placed in a confidential grievance file
separate from the employees' personnel files. This file shall be retained
by the Office of Human Resources and shall be available to the Director
of Human Resources and the President, and through the Director of Human
Resources, only to those persons who have a legitimate business interest
in inspecting the material.
After the grievance process
has been completed, the chair shall direct members of the A&PS
Grievance Committee to destroy or erase all official reports, correspondence,
and personal files related to the grievance.
- If the grievant has been
demoted, suspended, or terminated from his or her position, and if the
grievance is resolved in such a way that it reverses the decision to
demote, suspend, or terminate, Oberlin College shall reinstate the grievant
to his or her former position and compensate the grievant for all salary
and fringe benefits lost.
B.
Formal Grievance to the Respondent
- If a member of the A&PS
elects to file a formal grievance, he or she must write a letter of
formal grievance to the respondent. If the informal reconciliation procedures
have been used, then this letter must be sent within five (5) working
days of the grievant's receiving the letter from the Director of Human
Resources indicating that the informal procedures have been terminated
(Section II.D.). If the grievant chose not to participate
in the informal reconciliation procedures then this letter of formal
grievance must be sent within five (5) working days of the grievant's
sending a letter to the Director of Human Resources indicating that
he or she wishes to initiate the formal procedures (Section
I.C.). If the respondent did not choose to participate in the informal
reconciliation procedures, then this letter of formal grievance must
be sent within five (5) working days of the grievant's receiving the
letter from the Director of Human Resources indicating the respondent's
refusal to participate (Section II.D.).
This letter of formal
grievance must describe the action prompting the grievance and state
that the grievance is being made in accordance with the A&PS Grievance
Procedures. In addition, the letter of formal grievance must request
that the respondent explain the reasons for the action being grieved
and respond to the grievant within ten (10) working days. Copies of
this letter of formal grievance must be sent to all persons in the
chain of direct supervision, the Director of Human Resources, and
the A&PS Grievance Committee chair.
Any matter not presented
for grievance within the number of days outlined in the grievance
timetable shall be barred from consideration, although nothing herein
shall prevent a subsequent occurrence of a similar nature from being
considered under the A&PS Grievance Procedures.
- The respondent must submit
in writing his or her response to the grievant within ten (10) working
days of receipt of the letter of formal grievance. Copies of this response
must be sent to all persons in the chain of direct supervision, the
Director of Human Resources, and the chair.
C. Request
for investigation to the A&PS Grievance Committee
- If, after following the
procedures outlined in Section III.B., the
grievant wishes to proceed with the grievance, he or she must ask the
A&PS Grievance Committee to investigate the facts surrounding his or
her case. This written request, briefly outlining the reasons for making
a request for investigation, must be sent to the chair within five (5)
working days of receipt of the response of the respondent. Copies of
this request must be sent to all persons in the chain of direct supervision,
the respondent, and the Director of Human Resources.
- Within three (3) working
days of receipt of the grievant's request for an investigation, the
A&PS Grievance Committee, in consultation with the Director of Human
Resources, shall review the case to determine whether or not the grievance
falls within the purview of the A&PS Grievance Procedures.
If the A&PS Grievance
Committee determines that the case does not fall within the purview
of the A&PS Grievance Procedures, the chair shall write to the
grievant informing him or her of this decision. Copies of this letter
must be sent to all persons in the chain of direct supervision, the
respondent, and the Director of Human Resources. No further action
shall be taken by the A&PS Grievance Committee, and the grievant
shall have no further recourse under the A&PS Grievance Procedures.
If the A&PS Grievance
Committee determines that the case falls within the purview of the
A&PS Grievance Procedures, the chair shall inform the President
in writing of the nature of the grievance and the identities of the
parties involved.
- Each party has the right
to select an advisor, who is not an attorney, from the Oberlin College
community to assist and give support through the A&PS grievance
process. Advisors will not be allowed to speak during the proceedings
except to the person they are supporting, and they must conduct themselves
at all times in a dignified and professional manner.
- In conducting its investigation,
the A&PS Grievance Committee may talk with the grievant, respondent,
and other persons as it deems appropriate. Each party shall provide
to the A&PS Grievance Committee copies of all documents that he or she
believes to be relevant to the case.
The Committee must prepare
a written report of its findings within fifteen (15) working days
of its decision that the grievance falls within the purview of the
A&PS Grievance Procedures. The investigative phase may be extended
by the chair of the A&PS Grievance Committee.
The A&PS Grievance
Committee shall submit its report to the division head (or to the
President, if the grievant reports directly to the President), with
copies going to the grievant, all persons in the chain of direct supervision,
the respondent, the President, and the Director of Human Resources.
The Committee's report shall include the following:
- a summary of the Committee's
method of investigation,
- the Committee's findings,
- the Committee's recommendations,
and
- a statement of dissenting
views, if any.
- The division head (or the
President) shall consider the report of the A&PS Grievance Committee
and must submit in writing his or her response to the grievant within
ten (10) working days of receipt of the Committee's report. Copies of
this response must be sent to all persons in the chain of direct supervision,
the respondent, the President, the Director of Human Resources, and
the chair.
If the grievant reports
directly to the President, he or she shall have no further recourse
under the A&PS Grievance Procedures.
D. Appeal
to the President
- If, after following the
procedures outlined in Section III.C., the grievant
wishes to proceed with the grievance, he or she must write a letter
of appeal to the President. This letter of appeal, accompanied by copies
of all supporting evidence, must be sent within five (5) working days
of receipt of the division head's response. Copies of this appeal must
be sent to all persons in the chain of direct supervision, the respondent,
the Director of Human Resources, and the A&PS Grievance Committee
chair.
- Within ten (10) working
days of receipt of the grievant's letter of appeal, the President shall
reach a final decision in the case. This decision shall be communicated
in writing to the grievant, with copies sent to all persons in the chain
of direct supervision, the respondent, the Director of Human Resources,
and the chair.
The grievant shall have
no further recourse under the A&PS Grievance Procedures.
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A.
The A&PS Grievance Committee shall consist of five (5) members who
are elected by the Administrative Assembly to two-year
staggered terms of office and who assume office on May 1, except that
if a Committee investigation is in progress on May 1, the retiring Committee
shall complete its review of the grievance under consideration. The chair
shall be the person who is serving the second year of a two-year term
and who received the highest number of votes when elected to the A&PS
Grievance Committee.
B.
No member of the A&PS Grievance Committee may consider a case if he
or she is related to the grievant, is a domestic partner, or is an employee
in the department in which the grievant is employed.
A member of the A&PS Grievance Committee shall disqualify himself
or herself from membership on the Committee for a particular case for
reasons of conflict of interest, personal bias, or unresolvable scheduling
conflicts.
C.
If the chair disqualifies himself or herself for a particular case, the
Committee member who is serving the second year of a two-year term and
who received the next highest number of votes when elected to the A&PS
Grievance Committee shall serve as the chair for that case. If no one
serving a second-year term is available to chair that case, then the chair
shall be the person who received the highest number of votes in the most
recent election to the A&PS Grievance Committee.
Vacancies on the A&PS
Grievance Committee created by disqualification for a particular case,
shall be filled by the alternates who received the next highest number
of votes in the most recent election.
D.
Resignations from the Committee must be submitted to the chair of the
A&PS Council. In the event of a vacancy on the
Committee, that vacancy shall be filled by the alternate who received
the next highest number of votes in the most recent election.
E.
The Elections Committee shall maintain a record of
the number of votes received by each nominee for purposes of determining
the chair of the A&PS Grievance Committee, for filling vacancies caused
by resignations from the Committee, and for selecting alternates if members
of the Committee are unable to serve.
F.
The chair shall call a meeting of the A&PS Grievance Committee and
the alternates for the current year soon after the new Committee assumes
office in order to review the A&PS Grievance Procedures and to ensure
that all Committee members understand their roles and responsibilities
if a grievance should arise. Other meetings may be called by the chair
as needed to consider a grievance or to consider amendments to the A&PS
Grievance Procedures. A quorum shall be three (3) members. Unless otherwise
designated by the chair, all meetings of the A&PS Grievance Committee
shall be closed.
G.
The chair shall submit a written report annually to the A&PS Council
on the activities of the A&PS Grievance Committee.
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A.
Proposed amendments to the A&PS Grievance Procedures shall be presented
by the A&PS Grievance Committee to the A&PS Council. The Council,
in consultation with the A&PS Grievance Committee and the Director
of Human Resources, may also propose changes to the Procedures. The Council
shall work with the Director of Human Resources to secure the President's
approval for the proposed amendments.
B.
All proposed changes must be approved by the President.
C.
After the President has approved the proposed amendments to the Procedures,
the amendments shall be presented in writing to the members of the Administrative
Assembly at least one week prior to a general meeting at which such proposed
amendments shall be discussed. Voting shall be by mail ballot, which shall
include, in full, the proposed amendments in their final form. A two-thirds
majority of votes returned to the Elections Committee shall be necessary
to adopt an amendment to the A&PS Grievance Procedures. Amendments
shall go into effect as of the date the Elections Committee declares that
they have been adopted by the Assembly.
D.
If a grievance is in progress when the A&PS Grievance Procedure amendments
are adopted by the Assembly, the A&PS Grievance Procedures in effect
at the time the grievance was filed shall be followed.
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| Section
|
Maximum
Number
Working Days |
Action
|
|
-- |
Action prompting the complaint |
| I.C.
|
10 |
Grievant meets with a member of the A&PS Grievance Committee or the
Director of Human Resources regarding the options available. Grievant
notifies the Director of Human Resources if he or she seeks resolution
through the informal or formal procedures. |
| I.C.
|
5 |
Director of Human Resources designates a respondent |
| I.C.
|
5 |
Grievant notifies the Director of Human Resources regarding whether
he or she has chosen the informal procedures or the formal procedures
|
| II.B.
|
5 |
(Optional.) Respondent responds to the Director of Human Resources
regarding whether he or she agrees to attempt informal reconciliation.
If informal reconciliation is attempted, the timetable is temporarily
suspended. |
| III.B.1.
|
5 |
Grievant writes a letter of formal grievance to the respondent |
| III.B.2.
|
10 |
Respondent responds to the grievant |
| III.C.1.
|
5 |
Grievant requests investigation by the A&PS Grievance Committee |
| III.C.2.
|
3 |
A&PS Grievance Committee determines whether or not the case falls
within the purview of the A&PS Grievance Procedures |
| III.C.4.
|
15 |
A&PS Grievance Committee investigates the grievance, writes a
report, and submits it to the division head (or President, if grievant
reports to President) |
| III.C.5.
|
10 |
Division head (or President) responds to the grievant |
| III.D.1.
|
5 |
Grievant appeals to the President |
| III.D.2.
|
10 |
President reaches a final decision |
88 days MAXIMUM
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Glossary terms
are defined in order of appearance in the A&PS Grievance Procedures.
The Administrative
and Professional Staff is all staff in Oberlin College who are
not bound by Union contract and who are so designated by letter of appointment.
Discrimination refers to the following statement: "Oberlin College does not discriminate
in admission, financial aid, employment, or education programs and activities
on the basis of race, color, national origin, religion, creed, age,
sex, sexual orientation, marital status, family relationship to an employee
of Oberlin College, physical handicaps, or veteran status except where
such a distinction is required by law or proved to be a bona fide occupation
qualification."
The A&PS
Grievance Committee is a standing committee elected by the Administrative
Assembly to hear grievances brought by members of the A&PS and to
administer the A&PS Grievance Procedures.
The Director
of Human Resources is the appointed Director of Human Resources
or his or her designee. In case a grievance is brought against the Director
of Human Resources, the designee is to be appointed by the President.
The grievant is a member of the A&PS who feels aggrieved in regard to a specific
action and who is appealing that action under the A&PS Grievance
Procedures.
A working
day is any Monday through Friday, excluding (a) vacation days
of any of the parties involved in a particular step of the A&PS
Grievance Procedures and (b) Oberlin College holidays.
The respondent
is the person designated by the Director of Human Resources as the one
most appropriate to defend the grievable action or to resolve the grievance.
The alternate
members are those persons whose names appeared on the most recent
A&PS Grievance Committee final election ballot but who were not
elected to the A&PS Grievance Committee.
The chain
of direct supervision includes all persons from the grievant
through the supervisor (the person who is responsible for conducting
the grievant's annual performance evaluation), supervisor's supervisor,
department head, and division head.
The President
is the President of Oberlin College.
The Administrative
Assembly is the voting body of the Administrative and Professional
Staff. See the Bylaws of the Administrative Assembly of Oberlin College.
The department
is a subsection of a division as outlined in the Organization Chart
of Oberlin College.
The A&PS
Council is composed of the elected and appointed representatives
of the Administrative Assembly. See the Bylaws of the Administrative
Assembly of Oberlin College.
The Elections
Committee is the standing committee of the Administrative Assembly
responsible for administering elections. See the Bylaws of the Administrative
Assembly of Oberlin College.
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