Discipline Grievance
-
Upload
ram-the-future-managar -
Category
Documents
-
view
225 -
download
0
Transcript of Discipline Grievance
-
8/8/2019 Discipline Grievance
1/34
UNC Asheville Supervisory Development:
Discipline & Grievance
-
8/8/2019 Discipline Grievance
2/34
-
8/8/2019 Discipline Grievance
3/34
Discipline: Purposes
The program also ensures employees receive notice prior todismissal or demotion.
The States disciplinary procedures providesupervisors a method of disciplining employees for:
Unsatisfactory Job
Performance
Grossly Inefficient
Job Performance
Unacceptable
Personal Conduct
-
8/8/2019 Discipline Grievance
4/34
Policy Considerations
Supervisors should contact HR prior to initiating
formal disciplinary action.
Disciplinary actions are inactive or void 18
months from the date of the action if no further
disciplinary action or suspension has occurred.
-
8/8/2019 Discipline Grievance
5/34
Discipline:
How to Obtain Information The policy is available in Human Resources.
Supervisors are trained in workshops, and
individual sessions.
The campus is invited to provide input before
changes to UNC Asheville policies occur.
-
8/8/2019 Discipline Grievance
6/34
** Policy interpretation for employees and supervisors
**Assistance to employees and supervisors
**Maintenance of records and reporting
-
8/8/2019 Discipline Grievance
7/34
Covered Employees
Career state employees
Individuals employed for at least 24 months
Employees between completion of
probationary period and career status
The probationary period is typically 9months.
-
8/8/2019 Discipline Grievance
8/34
Basis for Disciplinary Action
Unsatisfactory Job
PerformanceHow the job gets done
Examples:Poor QualityInsufficient Quantity
InaccurateNot on the jobTimelinessHabitual Tardiness
Unacceptable
Personal Conduct
Examples:StealingFighting
Sexual HarassmentIntoxication
-
8/8/2019 Discipline Grievance
9/34
Basis for Disciplinary Action
Grossly Inefficient
Job PerformanceVery substantial and
serious in terms of
expense and danger
Example:
Creating obvioushealth and safety
HazardsCarelessly providing lists of
social security numbers
-
8/8/2019 Discipline Grievance
10/34
Types of Disciplinary Actions
In addition to Written Warnings, DisciplinarySuspension Without Pay, Demotion and
Dismissal are the other possible actions. Be
sure to contact Human Resources before taking
any of these actions.
-
8/8/2019 Discipline Grievance
11/34
Types of Disciplinary Actions
Written Warnings
Written Warnings are the most common form of disciplinaryaction. Be sure to contact Human Resources before issuing a
Written Warning or any other disciplinary action.
A Written Warning should include: Specifics about the situation
Specific expectations and timeframes
Consequences for not correcting the situation
Dates for follow-up
-
8/8/2019 Discipline Grievance
12/34
Pre-Disciplinary Conference
Before taking a Disciplinary Action (other than
Written Warnings), you should schedule a Pre-
Disciplinary Conference. This conference will
alert the employee of the situation and allowhim or her to prepare for a Disciplinary Action.
-
8/8/2019 Discipline Grievance
13/34
Pre-Disciplinary Conference
Guidelines: Provide the employee with written notice of the upcoming
conference. Allow at least business day between the Pre-
Disciplinary Conference and the Disciplinary Action. Attorneys may not attend.
Provide written notice of the impending Disciplinary Actionduring the conference. This notice should be specific enoughto alert the employee about the situation.
Provide an opportunity for the employee to respond. No witnesses may be present.
-
8/8/2019 Discipline Grievance
14/34
Pre-Disciplinary Conference
Information exchanged during the Pre-Disciplinary Conference will help you decide
what the ultimate Disciplinary Action will be.
-
8/8/2019 Discipline Grievance
15/34
Disciplinary Actions
After Conference Document the action in writing. The document
should include: Reason for the action Effective date
Appeal Rights
If the decision is to dismiss, provide the document(mentioned above) in person or send via certified
mail. For unsatisfactory job performance, the effective
date for dismissal should be no later than 14calendar days after notice.
-
8/8/2019 Discipline Grievance
16/34
Investigatory Placement
With PayThis is NOT a disciplinary action.
Investigatory Placement with Pay allows
supervisors time to:Investigate the situation
Schedule and conduct pre-disciplinary
conference, if necessaryAvoid workplace disruption and preserve a
safe work environment
-
8/8/2019 Discipline Grievance
17/34
-
8/8/2019 Discipline Grievance
18/34
Grievance: Purpose
UNC Ashevilles grievance procedures allow for the prompt,
orderly and efficient resolution of problems and differencesarising between the supervisor and employee.
-
8/8/2019 Discipline Grievance
19/34
Grievance: Covered Individuals
Covered Individuals Include:
Career SPA employees (employed 24 months)Former State Employees (for specific issues)
Applicants for State Employment (for specific
issues).
Any SPA State employee (for specific issues)
-
8/8/2019 Discipline Grievance
20/34
Grievance: Policy
The Grievance Procedures outlined here are not to
be used for the following purposes, unless the
employee is claiming illegal discrimination:
complaints regarding overall performance approval
ratings
the amount of any performance increase or
a failure to receive a performance increase
These complaints must be processed in accordance with
the Performance Pay Dispute Resolution Procedures for
SPA Employees.
-
8/8/2019 Discipline Grievance
21/34
Grievance: Policy
Warnings, placement on investigatory placement
with pay, and extensions of disciplinary actions
are not grievable unless the complaint of action isallegedly the result of illegal discrimination or a
constitutional violation.
Matters relating to written warnings or
performance pay dispute and any other matters notspecifically set out in the State Personnel Act may
not be appealed to the State Personnel
Commission.
-
8/8/2019 Discipline Grievance
22/34
Grievance: Policy (continued)
Matters of inherent management rights not subject toappeal except in cases of discrimination or constitutionalviolations. Examples include:
Functions of the department Standards of service
Staff assignments
Use of technology
Resolution is required within 90 days for cases involvingdischarge or demotion for disciplinary reasons or 120 daysfor all other issues.
-
8/8/2019 Discipline Grievance
23/34
Grievance: Procedure Overview
The following slides briefly outline the four steps of the
Grievance Process. For details on each of these steps,please see UNC Asheville Policy #43 (Grievance
Procedure for Employees Subject to the State
Personnel Act). A link is found within this module and
is available from the Office of Human Resources.
-
8/8/2019 Discipline Grievance
24/34
An employee is allowed time off from regular
duties as may be necessary and reasonable up to
a maximum of eight hours for the preparation of
an internal grievance without loss of pay,vacation leave or other time credits. Employees
must notify their supervisor in advance and
receive prior approval of the necessity to be
absent from work for preparation of the internalgrievance.
-
8/8/2019 Discipline Grievance
25/34
Grievance: Procedures Overview
Step One Summary Employees submit an SPA
Grievance Form to the supervisorwithin 30 calendar days.
Supervisor should submit form tothe lowest-level supervisor withdecision-making authority (if notself) within 2 calendar days.
Decision-making supervisor meetswith the employee within 10
calendar days and provides thecomplaining employee with awritten response.
A copy of the response is submittedto Human Resources.
-
8/8/2019 Discipline Grievance
26/34
Grievance: Procedure Overview
Step Two Summary If the Step One decision is
unsatisfactory to the employee,
he/she may appeal to the next levelsupervisor within 10 calendar days.
Following discussions with the
employee, the supervisor issues a
Step Two decision within 10
calendar days of receiving theGrievance Form.
A copy of the response is submitted
to Human Resources.
-
8/8/2019 Discipline Grievance
27/34
Grievance: Procedure OverviewStep Three Summary If the Step Two decision is unsatisfactory to the employee, he/she may
submit an appeal (utilizing a Grievance Form) to the Director ofEmployee Relations within 10 calendar days.
The Director of HR will schedule a hearing within 5 days of receiving
the appeal. The notification of the hearing will take place 10 calendardays before the hearing is conducted. Only the employee, members ofthe Grievance Committee and parties involved may attend the hearing.
The Grievance Committee will forward a written recommendation tothe Chancellor within 10 calendar days.
Within 10 calendar days of receiving the Grievance Committeesrecommendation, the Chancellor will provide the employee with theFinal University Decision (or advise the employee as to why thedecision is being delayed and when a response can be expected).
-
8/8/2019 Discipline Grievance
28/34
Grievance: Procedure Overview
Step Four Summary
The employee may file an appeal to the State Personnel
Commission within 30 days following the Chancellorsdecision.
The appeal is filed with the Office of Administrative
Hearings (OAH).
-
8/8/2019 Discipline Grievance
29/34
** Policy interpretation for employees and supervisors
**Assistance to employees and supervisors**Maintenance of records and reporting
-
8/8/2019 Discipline Grievance
30/34
Neither the University nor the employee may be
accompanied by any outside parties (i.e., legal
counsel, etc.) during the internal grievance process.
-
8/8/2019 Discipline Grievance
31/34
Grievance:
Discrimination Special Provisions
Complaints based on age (above 40), sex, race, color,
national origin, religion, creed, political affiliation,or disability condition may submitted directly to State
Personnel Commission in Raleigh or the EqualEmployment Opportunity Commission in Charlotte(within 30 calendar days).
-
8/8/2019 Discipline Grievance
32/34
Grievance:
Discrimination Special Provisions
Exception for Workplace Harassment Employees who wish to submit a formal complaint
alleging unlawful harassment should file a signedUnlawful Workplace Harassment Form within 30calendar days of the last incident.
An employee alleging harassment may bypass anystep that involves interacting with the allegedharasser.
The University will investigate and take appropriateaction within 60 days of receiving the complaint.
-
8/8/2019 Discipline Grievance
33/34
Grievance:Inaccurate or Misleading
Information in Personnel File
Any employee regardless of length of
service may file a grievance regarding this.
Any employee may examine his or her
personnel file upon request.
-
8/8/2019 Discipline Grievance
34/34
Congratulations!
You have reached the end of this presentation.
For details on the policies mentioned in this
presentation, please visit theUNC Asheville Human Resources websiteor
call Human Resources at 251-6605.
http://www.unca.edu/hr/http://www.unca.edu/hr/