BASICS OF THE GRIEVANCE PROCESS

1. BASICS OF THE GRIEVANCE PROCESS WHAT SUPERVISORS NEED TO KNOW Presented by Employee Relations May 2011

2. What We will Accomplish Today • To have an overall understanding of the basic grievance process • To be able to help a supervisor prepare for a step 1 meeting and a step 1 response • To be clear on the differences between a PPSM grievance process and a bargaining unit contract grievance process • To be aware of the resources available where staff can go to address their concerns

3. Home Game Opener What do you know about the grievance process?

4. On the Road (again) What have been your personal experiences with the grievance process?

5. It can be a long season What are the impacts on the grievant, the supervisor, and the University when a grievance is filed?

6. Where can staff direct their concerns? Campus Complaint Portals: 1. Department: Supervisor Manager DHRM

7. 2. The Whistleblower Hotline Contact EthicsPoint, a confidential means for reporting suspected misconduct. Visit the website at https://secure.ethicspoint.com/domain/media/en/gui/23531/index.html or report concerns by calling the hotline at 800-403-4744 to speak with an EthicsPoint representative.

8. 3. Sexual Harassment or Investigation and Resolution of Sexual Harassment Complaints, contact The Campus Climate & Compliance Office (CCAC). CCAC has the responsibility to provide prompt and effective responses to all complaints of sex discrimination and harassment for faculty, staff and students. Visit the CCAC website at http://ccac.berkeley.edu/ or contactDENISE OLDHAM, INTERIM TITLE IX OFFICER AND DIRECTOR, 643-7985.

9. 4. Workplace Conflict Resolution Contact: The Staff Ombuds Office, an independent department providing informal/strictly confidential conflict resolution and problem-solving services for all staff, non-senate academics and faculty who perform management functions. Visit the website at http://staffombuds.berkeley.edu/ or call642-STAF (7823).

10. 5. Hate Crimes Contact: The Gender & Equity Resource Center (Gen Equ.), a Cal community center committed to fostering an inclusive experience for all. GenEq is the campus location where students, faculty, staff and alumni connect for resources, services, education and leadership programs related to gender and sexuality. Visit the website at http://geneq.berkeley.edu, or contact Gender & Equity Resource Center, 642-4786.

11. 6. Disability and Access Issues Contact the Office of Academic Compliance and Disability Standards (ACADS). One of ACAD’s main areas of responsibility is assisting the campus in meeting its obligations with respect to persons with disabilities. Visit the website at http://acads.chance.berkeley.edu/ or contact 642-2795.

12. 7. Worker’s Compensation/Disability Accommodation in Employment Contact Vocational Rehabilitation Services. Visit the website at http://www.uhs.berkeley.edu/facStaff/dms/chap6.shtml or call 642-8659.

13. 8. Counseling and Referral Services Contact CARE Services, the campus faculty and staff assistance program providing free, confidential problem assessment and referral for UC Berkeley faculty and staff. Visit the website at http://www.uhs.berkeley.edu/facstaff/care/index.shtml or contactCARE Services, 643-7754.

14. 9. Human Resources • Employee Relations Consultants • Discrimination Complaint Resolution Coordinator (DCRC) responds to staff concerns regarding discrimination as covered by the University non-discrimination policies such as race, age, religion, and national origin. Contact Derek coates, DCRC, 643-8996. • Grievance Complaint Resolution Process

15. 10. GRIEVANCES A complaint filed by a PPSM or contract employee alleging that specific policy or contract provisions have been violated. Formal method of conflict resolution.

16. COMPLETING THE PPSM GRIEVANCE FORM: • Show attempt at informal resolution with supervisor or manager; • Identify management act being grieved, when it occurred, how the act violates policy and how grievant is adversely affected; • List specific policy provisions allegedly violated; • State requested remedy.

17. Time Requirements for a Step 1 Grievance • Grievance must be filed within 30 days of the triggering event • Policy Coordinator has 10 days from filing date to gate • Grievant has 10 days to appeal gate keeping decision • Assistant Vice Chancellor-Human Resources. The appeal must be received (not postmarked) within 10 calendar days from the date of gate letter. • Office of the President has final authority for interpreting PPSM 70. An appeal to the OP must include copies of the original grievance and related documents, and must be received within 20 calendar days of the date of the local decision.

18. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 1(FOR PPSM AND MSP EMPLOYEES)

19. Release Time PPSM and contract grievants, contract reps, and witnesses are entitled to paid release time for attendance at grievance meetings so long as the meeting occurs within regularly scheduled work hours and advance request was made/approved by supervisor. May be denied based on operational needs.

20. The Step 1 Grievance Meeting The department’s role is to supply the factual information that supports the action being grieved and to listen for new information from the employee that could affect the department’s decision.  Be as forthcoming as possible so that the employee and the representative, if any, will fully understand the department’s position. However, the department may choose to state that it will listen to the information provided, and respond in writing in the Step 1 response.

21. Strategies for a Successful Step 1 Meeting Maintain an open, problem-solving approach Avoid taking the grievance personally Stick to the subject Allow the representative some latitude Maintain self control Use resources- can always ask for a break (can caucus with LR Advocate) to discuss the contents of the meeting, and ask for guidance Be willing to change your position if warranted by new information gained during the meeting.

22. Departmental Response to a Step 1 Grievance • Department’s written response should include: • A statement of the grievance, referring to the PPSM policy or contract article alleged to have been violated; • A brief recap of the allegations and evidence; • Brief discussion of why department agrees or disagrees with the grievance; • Language informing grievant of appeal rights to Step 2.

23. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 2 (PPSM EMPLOYEE)

24. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 2 (PPSM EMPLOYEE)

25. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 3 (PPSM EMPLOYEE)

26. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 3 (PPSM EMPLOYEE)

27. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 2 (MSP EMPLOYEE)

28. GRIEVANCE STEPS- WHO DOES WHAT?PPSM POLICY – STEP 2 (MSP EMPLOYEE)

29. GRIEVANCE STEPS- WHO DOES WHAT?CONTRACTS FILING A GRIEVANCE AND STEP 1

30. GRIEVANCE STEPS- WHO DOES WHAT?CONTRACTS – STEP 2

31. GRIEVANCE STEPS- WHO DOES WHAT?CONTRACTS – STEP 3

32. GRIEVANCE STEPSARBITRATION

33. EXTENSIONS TO TIMEFRAMES

34. Grievance Records Retention Maintain all documents related to the grievance in a file separate from the employee’s personnel file. University Records Disposition Schedule Manual advised retaining grievance for a period of 5 years after resolution of the grievance. Coming Revisions to PPSM 70 Policy/Procedure….

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