UNIVERSITY OF COLORADO COLORADO SPRINGS (UCCS)

CLASSIFIED EMPLOYEE GRIEVANCE PROCESS

I. INTRODUCTION

This grievance process is pursuant to Chapter 8 of the State Personnel Board Rules and Director’s Administrative Procedures, to serve as an effective method by which permanent, classified employees may attempt to address and resolve workplace disputes at UCCS. This grievance process is designed to address and resolve problems, not be an adversarial process.

II. GENERAL PRINCIPLES

  1. Initiation of Grievance:The employee must initiate the grievance within ten calendar days from the date of the action or occurrence that forms the basis of the grievance, or within ten calendar days after the employee has acquired knowledge of, or reasonably should have acquired knowledge of, the action or occurrence that forms the basis of the grievance.
  1. Matters that cannot be addressed through the Grievance Process: This process is appropriate for resolution of all employment matters that are not directly appealable to, or reviewable by, the State Personnel Board or the Director of the State Personnel System. Grievances may not be initiated to address issues pertaining to leave sharing, discretionary pay differentials, and/or a performance evaluation that does not result in a corrective or disciplinary action.
  1. Role of Human Resources Office: The parties shall provide copies of all documents filed or exchanged during the course of the grievance process to the Human Resources Office, which shall track and facilitate the processing of all grievances.
  1. Mediation:In accordance with State Personnel Board Rule 8-9, if either party to a grievance wishes to use mediation, the other party must participate and the time limits governing the grievance process are suspended pending the outcome or discontinuance of the mediation.
  1. Employee Representation:An employee may be represented by any individual of the employee’s choosing at any step of the grievance process. The representative may participate and speak for the employee, but the employee is expected to participate in all discussions held during the grievance process. If the employee utilizes the services of an attorney or a labor union representative during a grievance meeting, the decision maker shall be represented by legal counsel at that meeting.
  1. Time Frames: Time frames designated in the grievance process below may be waived or modified if agreed to by both parties.
  1. Moot Grievances:If an employee’s employment at UCCS ends while his or her grievance is pending, the grievance shall be considered mootand be dismissed without further processing.
  1. Discrimination: If the grievance includes a charge of discrimination, it must be filed with the supervisor and the UCCS Discrimination and Harassment Office.

III. PROCEDURE FOR INITIATING AND PROSECUTING EMPLOYMENT GRIEVANCES

This process provides three steps for employees to pursue in resolving their grievance. An employee must complete each step before initiating the next step.

Step I – Informal Grievance Level. To initiate a grievance, an employee shall notify his or her supervisor, or the individual serving at the lowest management level capable of providing effective relief for the employee’s grievance. An informal discussion shall be held between the employee and his or her supervisor (or other individual capable of providing relief) to attempt to resolve the employee’s grievance. The employee shall be informed in writing of the decision within seven calendar days after the informal discussion. The decision reached at this step shall be binding upon the parties unless the employee elects to proceed to Step II, the written grievance level, detailed below. If a timely decision is not issued, the employee may proceed to Step II of the grievance process.

Step II – Written Grievance Level. Within five calendar days after receipt of the informal decision, the employee may initiate the written grievance level by reducing the grievance to written form and submitting it to his or her appointing authority. Only the issues set forth in the written grievance shall be considered thereafter. At the option of the appointing authority, a meeting may be held to discuss the employee’s grievance. The employee shall be informed in writing of the appointing authority’s decision within seven calendar days after the meeting or the filing of the written grievance if no meeting is held. The decision reached at the written grievance level shall be binding upon the parties unless the employee elects to proceed to Step III.

Alternate Decision Makers. If the subject of the employee’s grievance is the employee’s appointing authority, or the appointing authority was involved in the informal discussion as a part of Step I, the appropriate Assistant/Associate/Vice Chancellor shall render the final decision at the Step II level. If the subject of the employee’s grievance is an Assistant/Associate/Vice Chancellor, the Chancellor,or their designee, shall render the final decision at the Step II level.

Step III – Petition to the State Personnel Board. After completing Steps I and II outlined above, the employeemay file a petition for hearing with the State Personnel Board. The employee must file his or her petition within ten (10) calendar days after receipt of the final UCCS decision, or after expiration of 30 calendar days of initiation of the written grievance process or any extension period granted by the State Personnel Board. To file a petition for hearing, the employee must complete the consolidated appeal/dispute form located at: Submit the consolidated appeal/dispute form to the State Personnel Board, 633 17th Street, Suite 1320, Denver, CO 80202-3660. Fax 303-866-5038.

The original written grievance and UCCS’s final decision shall be attached to the petition for hearing. A copy of any petition for hearing filed with the State Personnel Board must be provided to the person who made UCCS’s final decision and to the Director of Human Resources.

UNIVERISTY OF COLORADO COLORADO SPRINGS (UCCS)

CLASSIFIED EMPLOYEE GRIEVANCE FORM

Date: ______

Employee bringing forward the Grievance (Grievant): ______

Job Title: ______Dept/College: ______

Statement of Grievance: (If you need additional space attach additional pages)

______

Relief Requested:

______

Grievant’s Signature: ______

Documentation of Grievance Steps:

  1. Step 1
  1. Supervisor or person who heard Step 1: ______
  2. Date of the informal discussion: ______
  3. Date written response given to Grievant regarding Step 1: ______
  1. Step 2
  1. Name of Appointing Authority: ______
  2. If conducted, date of meeting with Appointing Authority: ______
  3. Date written response given to Grievant regarding Step 2 (including instructions for Step 3: ______