It is the purpose of this policy to provide a procedure whereby
employees may resolve disputes or complaints concerning the terms
or conditions of their employment.
The Board of Trustees recognizes that every employee has the
right to be treated fairly in matters arising from employment in this
agency; that each employee should have the opportunity to be heard
fully any time his/her right to fair treatment has been violated;
and that a carefully designed grievance process can help to reduce
personal dissatisfaction, increase morale, identify problems in the
organization and increase the positive perception employees have of
their employment with this agency. Therefore, whenever an employee
believes that he/she has been treated unfairly with regard to the
terms and conditions of his/her employment, he/she may initiate proceedings
as specified in this policy in order to resolve those matters.
As used in this chapter, the following terms shall have the
meanings indicated:
All permanent, probationary or regular part-time employees.
Regular part-time employees are those who work 20 hours per week or
more on a continuous basis for at least six months.
Any unwelcome sexual advances, requests for sexual favors and
other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly
a term or condition of a person's employment;
Submission to or rejection of such conduct by a person is used
as a basis for employment decisions affecting that person;
Such conduct has the purpose or effect of unreasonably interfering
with a person's work performance; or
Such conduct creates an intimidating, hostile or offensive work
environment.
A species of sex discrimination in which the discriminatory
acts are of a sex-based as opposed to any other invidious nature.
Because "sexual harassment" is a species of sex discrimination, the
primary inquiry to be made is whether the harasser treats members
of one sex differently from members of the other sex.
A.
Conditions and limitations.
(1)
The grievance procedures set forth in this policy are applicable
only to eligible employees.
(2)
This grievance procedure shall not be used in addition to other grievance
procedures as may be in effect through the governing jurisdiction
or the eligible employee's collective bargaining agreement. Under
no circumstances shall more than one procedure be used to redress
the same grievance, although use of this or other procedures does
not preclude employees from seeking legal remedies as appropriate.
(3)
The Board of Trustees retains the right under applicable laws and
regulations to direct employees in the performance of their duties;
to take the necessary means to achieve the proper ends under emergency
situations; and to hire, promote, transfer and assign employees as
well as to suspend, demote, discharge or take disciplinary action
against such employees for just cause.
(4)
This grievance procedure is not applicable to matters for which an
appeal process is otherwise provided and may not be used in addition
to or in replacement of those processes.
(5)
The scope of the employee grievance must:
(a)
Clearly define the situation in question through a written allegation
of the specific wrongful act or situation, the harm done and the facts
upon which it is based;
(b)
Arise out of an act or failure to act that directly relates
to the working conditions of the eligible employee or to the employee's
employment relationship;
(c)
Define a matter within the control of the Board of Trustees;
and
(d)
State such relief sought that is within the power of the Board
of Trustees to grant.
B.
Grievance procedure.
(1)
The grievance procedure established by the Board of Trustees consists
of three steps for appeal, each of which must be utilized in turn
before appeal is made to the next step unless otherwise specified
in the policy.
(a)
Step one: immediate supervisor. An employee who believes that
elements of his/her working environment are unsatisfactory and can
be made more effective should take the following measures:
[1]
Discuss the specific problem with his/her immediate supervisor.
A problem that results from a specific event or action must be presented
within seven days. The supervisor's decision regarding the matter
shall be rendered, in writing, to the employee within seven calendar
days following the conference. The employee has the right to the presence
of a representative of his/her choosing during this conference.
[2]
If the problem cannot be resolved through the conference and/or
the employee wishes to document the grievance for further action,
he/she may submit a formal written grievance to his/her intermediate-level
supervisor. Employees who do not have an intermediate-level supervisor
may submit their grievance directly to the Board of Trustees'
chief executive officer.
(b)
Step two: intermediate-level supervisor. Grievances submitted
to an intermediate-level supervisor shall be in writing, on the designated
Board of Trustees' form. The grievance must:
[1]
Be submitted within seven days following receipt of the immediate
supervisor's response;
[2]
Include a copy of the immediate supervisor's decision and
justification;
[3]
Specify the employee's grievance and the specific remedy
requested;
[4]
Provide a response to the immediate supervisor's decision;
and
[5]
Be responded to by the intermediate-level supervisor within
seven days of receipt.
(c)
Step three: chief executive officer. If the matter is not satisfactorily
resolved in Step Two, the problem may be presented, in writing, to
the Board of Trustees' chief executive officer, together with
a copy of all preceding responses, within seven days after receipt
of the appeal from the employee.
(2)
Written responses to grievances. Written responses to grievances
shall include the following:
(3)
Time limits. If a grievance is not processed by the aggrieved employee
within the specified time limits provided in this policy, the grievance
shall be considered void. If the Board of Trustees fails to process
a grievance within the time limits specified, the employee may initiate
action by proceeding to the next step. However, employees are encouraged
to make a reasonable attempt to determine the reason for the delay.
(4)
Time extensions. All times specified in this procedure are subject
to scheduled vacations, sick leave or other authorized leave necessary
for the proper conduct of Board of Trustees' business. Additionally,
involved parties may request one extension not to exceed seven days
by providing written notice to the other parties prior to the expiration
of the time limit established for that step.
(5)
Withdrawal of grievance. At any time during the grievance process,
the employee may withdraw the grievance by making written notification
of the withdrawal available to all parties involved in the grievance
process.
(6)
Coordination of grievance procedures. The Board of Trustees'
chief executive officer shall designate an officer who shall coordinate
the Board of Trustees' grievance procedures as established within
these guidelines. This officer shall also be responsible for:
C.
Appeal hearing. Once the Board of Trustees' grievance procedure
has been exhausted, an employee and his/her representative have the
right to explain and argue the grievance before an appeal panel. The
panel consists of appointed representatives from the Board of Trustees'
parent jurisdiction, a Board of Trustees representative who is responsible
for explaining the Board of Trustees' position and any other
Village employee who the aggrieved employee may select as his/her
representative. The hearing is informal and no record will be kept
of the proceedings, although there is a right to cross-examination.
Findings of the appeal panel shall be rendered within 15 days of the
hearing and are binding upon all parties involved.
