The Standard Procedure is the appeal of a Step Two grievance to the University Staff Council Grievance Committee, as appointed by the University Staff Council.
Standard Procedure-Step Two:
When an employee or employees has/have filed a grievance regarding a discipline or layoff, and is/are dissatisfied with the Step One decision, the employee(s) may appeal the decision to the University Staff Council Grievance Committee.
To file at Step Two, the grievant(s) must inform the Chancellor’s designee of his/her/their desire to appeal within ten (10) calendar days from receipt of the answer in Step One. An appeal of a dismissal will begin at Step Two and must be filed within thirty (30) days of the date of written notice of dismissal.
The Chancellor’s designee will make the arrangements to set up the hearing and forward the filing to the Committee members. Grievance hearings may be conducted by teleconference or video conference. Standard hearing time shall be one hour per grievance.
At issue before the University Staff Council Grievance Committee will be whether just cause for the discipline or discharge exists. For cases involving layoff, the issue before the Committee will be whether the applicable layoff procedure was followed.
By unanimous decision, the University Staff Council Grievance Committee may reject the hearing of a grievance for good and sufficient reasons. It will inform the grievant(s) of the determination not to hear the grievance.
The grievant(s) may make one preemptory challenge and request a substitute on the hearing committee. Other members of the University Staff Council Grievance Committee may recuse themselves, or be recused by the University Staff Council Grievance Committee for a conflict of interest with the grievant(s) or the subject matter of the grievance.
The University Staff Council Grievance Committee will be charged with hearing the case within 30 days of the filing, and responding within 14 calendar days of the hearing. The deadlines may be extended by mutual agreement of the parties with Committee approval.
- Recording: The hearings may be recorded by mutual agreement of the parties with Committee approval, but there will be no requirement for transcription or the sharing of a transcription.
- Evidence and Testimony: The parties to the case may make a statement, present evidence and/or present witness testimony. If after the hearing, the Committee determines that it needs further information, it may obtain that information in a variety of ways including conducting another hearing to take testimony from additional witnesses, allowing a member of the Committee to collect information that will be shared with the rest of the Committee members, or any other means agreed upon by the Committee.
- Representation: The grievant(s) and the employer shall each have the right to be represented at the hearing. The grievant(s) may choose anyone to be his/her/their representative, although it should not be someone from the management chain of his/her/their own department. The hearing shall be closed unless it is opened by mutual agreement of the parties with Committee approval.
- There will be no briefing required of either party.
- Participation in the hearing will be without loss of pay.
The University Staff Council Grievance Committee will make a written report and recommendations to the Provost and Vice Chancellor within 14 calendar days of the hearing. The Committee will decide who will write the initial report and recommendation.
Within twenty (20) days of receipt of the report and recommendations, the Provost and Vice Chancellor shall issue a statement accepting or rejecting the findings of the University Staff Council Grievance Committee and explaining how the recommendations may be implemented.
The Provost and Vice Chancellor may comment upon, explain or reject the recommendations of the University Staff Council Grievance Committee, but will convey the Committee’s recommendations as written along with his or her own determination.
For information about the operation of this procedure, contact the Personnel Representative for your respective School, College, Division or Department, the UWM Department of Human Resources or your representative on the University Staff Council.