This document contains answers to the most commonly asked questions concerning the University of Utah's procedures for resolving grievances in the workplace. The procedures in this document are only available to benefits-eligible employees who have completed their probationary period.

Throughout this document you will find numerous references to your "supervisor." No matter what your position is in the University, you have a "supervisor." Your supervisor is the person who oversees your group or department.

Questions and Answers on Staff Employment Grievances

1. What is a grievance?
2. What issues are grievable?
3. When/how do I file a grievance?
4. Do I have to discuss my grievance with my supervisor?
5. What if I am not satisfied with my supervisor's decision?
6. What if I am not satisfied by the Step II decision?
7. Should I avoid bringing grievances?
8. Are my conversations with the ER Specialist confidential?
9. Does my grievance become part of my official personnel file?
10. What protection do I have against retaliation?

1.  WHAT IS A "GRIEVANCE"?

The Policy and Procedure Manual (PPM) 2-32, Discrimination, Harassment, and Staff Employment Grievances, defines a staff employment grievance as a "work-related problem or condition of employment that a permanent staff employee believes to be unfair, inequitable, or a hindrance to his/her effective job performance."

Sometimes staff employees have misunderstandings or disagreements with supervisors and/or co-workers. Little problems can escalate into big ones unless solutions are found. If a problem is not resolved, the order and efficiency of the department can be disrupted.

2.  WHAT ISSUES ARE GRIEVABLE?

You may grieve any adverse employment action including corrective action, suspension, demotion, termination and separation due to reduction in force. PPM 2-32 specifies that the following issues are not grievable:

1. Wages and salaries
2. Classification actions
3. Reduction in Force except insofar as it is alleged that appropriate University procedures (PPM 2-9.1) have been violated
4. Termination during probation and/or extension of the probationary period
5. Performance evaluations
6. Reassignment of job duties and responsibilities
7. Reorganization that does not result in loss of pay

Your supervisor is the first person to see if you have a work-related complaint. If you feel you cannot talk with your supervisor about a problem or if you have talked with him/her and are not satisfied, please contact the HR Generalist assigned to work with your department for your options.

If you are experiencing problems in any of the areas below, please contact the listed office:

• Discriminated against on the basis of race, color, religion, national origin, sex, sexual orientation, age, status as a disabled individual, disabled veteran, or veteran or assistance with the ADA: Office of Equal Opportunity /Affirmative Action (581-8365)
• Security and confidentiality of records: HIPAA Privacy Office (801-587-9241)
• Violations of law: Public Safety (585-2677)
• Workers Compensation, FMLA or other beneifts: Benefits Department (581-7447)

3.  WHEN/HOW DO I FILE A GRIEVANCE?

You can file a grievance when you feel that you have an adverse employment action that you believe to be unfair, inequitable, or a hindrance to your effective job performance. This may include corrective action, suspension, demotion, termination, and separation due to a reduction in force.

Your first step in the grievance process is to discuss your concern with your supervisor. You should inform them of the issues you believe to be unfair, etc., and request a remedy to your grievance. In other words, you tell your supervisor what is bothering you and what you want done. You may want to contact your HR Generalist for information as you prepare your grievance. Timeframes for filing a grievance are strict. Contact your ER Specialist for more information. Your supervisor will take the issues in your grievance into account and notify you of his/her decision.

4.  DO I HAVE TO DISCUSS MY GRIEVANCE WITH MY SUPERVISOR?

Speaking with your direct supervisor is Step I of the grievance process. However, you may be allowed skip the first step and move on to Step II. You will want to speak with an HR Generalist.

5.  WHAT IF I AM NOT SATISFIED WITH MY SUPERVISOR'S DECISION?

If you are not satisfied with the decision your supervisor has made, you may elect to file a Step II grievance. Strict time parameters apply. Contact an HR Generalist for assistance. At Step II, you will be asked to complete a Staff Grievance Form, which will allow you to capture the nature of your grievance in writing. This document, and any other documents you submit, will be sent to a higher level supervisor who will contact you to schedule a meeting. Employee Relations will then be responsible for monitoring the grievance process.

6.  WHAT IF I AM NOT SATISFIED BY THE STEP II DECISION?

If you are not satisfied with the Step II decision, you can file a Step III grievance, which will be heard by the Staff Grievance Committee. The Committee is comprised of an objective panel of staff members from a variety of departments throughout Health Sciences and across campus. In the Hearing, the Committee listens as each party presents position statements and calls witnesses. The Committee also considers documentary evidence presented by both parties and may ask questions for clarification. Upon conclusion of the Hearing, the Committee deliberates and reports its findings and recommendation(s) to the applicable Vice President for determination on the issues presented. If you are not satisfied by the Vice President's decision, your final appeal option is to file a Step IV grievance, which is reviewed by the President of the University of Utah. The President's decision is final.

7.  SHOULD I AVOID BRINGING GRIEVANCES?

If you experience or witness a violation of law or University policy, you should report it to the appropriate office. If you are unsure of the appropriate office, please contact HR.

8.  ARE MY CONVERSATIONS WITH HUMAN RESOURCES CONFIDENTIAL?

It depends on the content of the conversation. Human Resources will not contact your supervisor and inform him/her of your visit or the content of the meeting, unless you authorize such contact. Further, the HR Generalist will not discuss your situation with any one whom does not have a need to know about it. In the course of the conversation, however, if HR is notified of a violation of University policy or state/federal law, your complaint will most likely be forwarded to the appropriate office and investigated.

9.  DOES MY GRIEVANCE BECOME A PART OF MY OFFICIAL PERSONNEL FILE?

Copies of any corrective action taken will be placed in your personnel file. This could include a copy of a written warning letter that you received from your supervisor, or it could be a copy of a final decision rendered at any one of the steps of the grievance process.

10.  WHAT PROTECTION DO I HAVE AGAINST RETALIATION?

You should not be subject to an adverse employment action simply because you filed a grievance. If you feel you have been subjected to retaliation, you may discuss it with your supervisor, his or her supervisor, or an HR Generalist.

*Please contact the Department of Employee Relations at 581-5469 for further explanation on the Staff Employment Grievance process. This document may be updated or modified from time to time.