To establish a grievance procedure as a problem-solving mechanism for University Staff with an expectation of continued employment who wish to appeal working conditions, discipline, layoff, or dismissal from the University of Wisconsin Milwaukee (“UWM”).

Wis. Stat. § 36.115(2) requires the Board of Regents to develop personnel systems that are separate and distinct from the personnel system under Wis. Stat. Chapter 230. Effective July 1, 2015, the grievance procedures found at Chapter ER 46 of the Wisconsin Administrative Code and any procedures established by the Office of State Employment Relations are no longer applicable to current UW System (“UWS”) University Staff employees. Therefore, this policy and these procedures provide grievance procedures for University Staff employees that hold positions with an expectation of continued employment at UWM.

Grievance procedures for faculty and academic staff are set forth in Wis. Admin. Code Chapters UWS 6 and 13; UWM Faculty Policies and Procedures Chapter 5, and Academic Staff Personnel Policies and Procedures UWM Chapter 112.

Chancellor’s Designee means an administrative officer with the authority to hear and adjust personnel and policy actions when they have been grieved through this policy. At UWM the Chancellor’s designee for University Staff grievances is the Employment Relations & Compliance Manager.

Dismissal means separation from employment for disciplinary or performance reasons.

Discipline means any action taken by UWM with respect to a University Staff member with an expectation of continued employment which has the effect, in whole or in part, of a penalty intended to correct undesirable behavior.

Grievance Procedure means the process through which certain working conditions, discipline, suspension (including letters in lieu of suspension), layoff, or dismissal of a UWM University Staff member with an expectation of continued employment can be appealed.

Impartial Hearing Officer means a grievance review committee established through shared governance, an arbitrator employed by the Wisconsin Employment Relations Commission (“WERC”), or an arbitrator from a WERC or UWS roster of neutral decision makers. At UWM, under the Standard Procedure, the Impartial Hearing Officer is the University Staff Grievance Committee.

Just Cause means a standard that is applied to determine the appropriateness of a disciplinary action. The elements of determining whether just cause exists include:

• Whether the employee had notice of reasonable workplace expectations and the potential consequences if those expectations were not met.
• Whether a full, fair, and complete investigation was undertaken by the employer before discipline or discharge to determine whether the employee violated expectations.
• Whether the employer obtained substantial evidence of the employee’s guilt.
• Whether workplace expectations were applied equitably and without discrimination.
• Whether the degree of discipline imposed was reasonably related to the seriousness of the
  employee’s offense and the employee’s past record.

Layoff means separation from employment for reasons of budget or due to the discontinuance, curtailment, modification, or reduction of a program.

Non-Grievable Issue means an issue that is not subject to this grievance procedure. At UWM, non-grievable issues include:

• Oral warning or oral reprimand.
• Termination of an appointment for temporary employment.
• Release from probation.
• Any matter alleging sexual harassment or other sexual discrimination; or matters alleging
  harassment and/or discrimination based on protected class (e.g., age, race, creed, color, sex, marital status, disability, sexual orientation, national origin, or arrest and conviction record) whose complaints are appropriate for the procedures of the UWM Office of Equity/Diversity Services, and other state and federal laws.
• Performance evaluations.

Support Person in the context of this policy is a UWM employee, including but not limited to another member of the University Staff, who aids in preparing for a hearing before the University Staff Grievance Committee and/or accompanies the grievant to the hearing at their request. A support person’s participation during a hearing is limited to providing advice to the grievant and to taking notes. The grievant is expected to speak on their own behalf with respect to the subject matter of the hearing. A support person cannot file or advance a grievance on the grievant’s behalf or dictate the scheduling of a grievance hearing.

University Staff are members of the university workforce that contribute in a broad array of positions in support of the university’s mission and are not exempt (e.g., hourly *) from the overtime provisions of the Fair Labor Standards Act (“FLSA”).

* All FLSA exempt employees holding positions in the State of Wisconsin “classified” service as of June 30, 2015 are given the choice to remain in the University Staff for as long as they retain their existing positions, or to be voluntarily reassigned to a position that UWM has designated as either an Academic Staff or Limited Appointment position – see UW System Administrative Policy SYS 1287

University Staff Grievance Committee (“USGC”) is a Standing Committee of the University Staff Senate, consisting of representatives from each employee group represented on the University Staff Senate. Service on the USGC will be conducted without loss of pay and committee members will be released from their regular duties to participate.

UWM encourages informal dispute resolution, which can include informal discussions, consultation with the Office of Conflict Resolution (Ombuds Council), the Employee Assistance Program, or others. The grievance procedure should be viewed as one of several dispute resolution options.

University Staff-Temporary (formerly LTE), University Staff Project employees, and University Staff serving a probationary period are prohibited from filing a grievance.

Discipline or dismissal of a University Staff member with an expectation of continued employment may be imposed only for just cause.

In cases when an employee has been accused of sexual misconduct, steps will be taken to ensure that UWM complies with Title IX of the Education Amendments of 1972 and with applicable UWS Board of Regents policies.

The University Staff Grievance Committee will be provided with copies of letters of discipline and dismissal issued to University Staff employees.

Grievances shall be submitted on a form provided by the employer (University Staff Employee Grievance Form). Only one subject matter may be covered in any one grievance. Each grievance shall describe the facts upon which the grievance is based, and the relief sought by the employee.

The employee and the appropriate grievance step respondent may agree in writing to extend the time limits in any step of the grievance procedure. Parties are strongly encouraged to resolve situations prior to a grievance being filed, but upon filing, parties are encouraged to resolve grievances at early stages of grievance procedures.

UWM is prohibited from retaliating against a grievant for filing a grievance or against support persons or witnesses who participate, or are scheduled to participate, in grievance proceedings.

At any stage of the process, the employee may choose to submit a written statement in lieu of participating in a grievance hearing. The written statement will be considered in the same manner as an in-person hearing.

The grievant(s) has the burden of proving their case by a preponderance of the evidence, except in the case of a discipline or dismissal, for which the University will have the burden of proving just cause by a preponderance of the evidence.

Grievances shall be pursued in accordance with the following steps:

• Dismissal appeals will begin at Step Two, as outlined below, and may proceed to Step Three.
• Layoff and discipline grievances will begin at Step One and may proceed no further than StepTwo.
• Working condition grievances may proceed only through Step One.
• Neither the Step One meeting, nor the Step Two hearing may be waived.
• A grievant eligible for the Optional Step Two Procedure may choose to use the Step Two
  Standard Procedure instead but must choose one or the other. The two Step Two procedures are mutually exclusive.

• Step One:

  If attempts to resolve a matter through discussion between an employee and supervisor or other dispute resolution methods are not successful, a grievance may be filed.

  To file at Step One, the grievant(s) will:

  1. Contact the Secretary of the University’s Office at secofunv@uwm.edu to announce their intent to initiate the formal grievance process.
  2. Submit the grievance to the department head, director, dean, or equivalent administrator no later than 30 calendar days from the date the grievant(s) first became aware or should have become aware (with the exercise of reasonable diligence) of the matter grieved.

  Within 30 calendar days of receipt of the written grievance, the department head, director, dean, or equivalent administrator will meet with the grievant(s) to hear the grievance.

  The grievant(s) shall receive a written decision no later than seven calendar days after this meeting. If the subject of the grievance is not discipline or layoff, there will be no further opportunity for appeal.

• Step Two (Standard Procedure):

  When an employee has filed a grievance alleging that a discipline decision was not based on just cause or the layoff procedures were improperly followed and is dissatisfied with the Step One decision, the employee may appeal the decision to the USGC. Note: An appeal of a dismissal will begin at Step Two and must be filed within 30 calendar days of the date of written notice of dismissal.

  To file at Step Two, the grievant(s) will:

  1. Contact the Secretary of the University’s Office at secofunv@uwm.edu to report the outcome of Step One.
  2. Submit a written appeal, including all previous grievance materials, to the chair of the USGC within 10 calendar days from the receipt of the answer in Step One.

  The Chair of the USGC will communicate with the Chancellor’s designee to schedule the hearing. Grievance hearings may be conducted by teleconference or video conference. The standard hearing time shall be one hour per grievance.

  At issue before the USGC will be whether just cause for the discipline or discharge exists. For cases involving a layoff, the issue before the USGC will be whether the applicable layoff procedure was followed.

  By unanimous decision, the USGC may reject the hearing of a grievance for good and sufficient reasons. The chair will inform the grievant(s), the Chancellor’s designee, and the Secretary of the University 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 USGC may recuse themselves or be recused by the chair for a conflict of interest with the grievant(s) or the subject matter of the grievance.

  The USGC is charged with hearing the case within 30 calendar days of the filing. The deadline may be extended by mutual agreement of the parties with Committee approval.

  • Recording: The hearing 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 USGC determined 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.
  • Closed Meeting: 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 USGC will make a written report with recommendations to the Provost and Vice Chancellor for Academic Affairs within 14 calendar days of the hearing. The deadline may be extended by mutual agreement of the parties with Committee approval.

  Within 20 calendar days of receipt of the report and recommendations, the provost shall issue a decision document accepting or rejecting the findings of the USGC and (if applicable) explaining how the recommendations may be implemented. The provost shall deliver this decision to the grievant(s), the USGC Chair, the Chancellor’s Designee, and the Secretary of the University.

  The provost may comment upon, explain, or reject the recommendations of the USGC, but will convey the Committee’s recommendations as written along with his or her own determination.

• Step Two (Optional Procedure for Certain University Staff):

  An employee who held permanent status in State employment prior to July 1, 2015 and according to the provisions of Wis. Stat. § 36.115(6) retains Wisconsin Statute Chapter 230 appeal rights, instead of using the Standard Procedure may appeal a disciplinary action (suspension, demotion, or reduction in base pay), layoff, or discharge using the following procedure:

  To file using the Optional Step Two procedure, the grievant(s) will:

  1. Contact the Secretary of the University’s Office at secofunv@uwm.edu to report the outcome of Step One.
  2. Submit a written appeal, including all previous grievance materials, to the Chancellor’s designee within 10 calendar days from the receipt of the answer in Step One.

  The Chancellor’s designee will meet with the grievant(s) to hear the grievance within 30 calendar days of the filing. The hearing shall be closed unless opened by mutual consent.

  The Chancellor’s designee shall issue a decision document within 14 calendar days of the hearing. The deadlines may be extended by mutual agreement. The Chancellor’s designee shall deliver this decision to the grievant(s), the USGC Chair, and the Secretary of the University.

  Thereafter, if the employee is still dissatisfied with the decision as issued by the Chancellor’s designee, the employee may appeal the decision to the Wisconsin Employment Relations Commission (“WERC”) or its successors under Wis. Stat. § 230.44(1)(c) within 30 calendar days from the date of the decision being appealed. If an appeal to WERC is filed, no further steps in the grievance process will apply. The decision of the WERC may be subject to judicial review, but no appeal to the UW Board of Regents is available.

• Step Three (Standard Procedure) – UW Board of Regents Review:

  For cases of dismissal only, a grievant that is dissatisfied with the Step Two (Standard Procedure) decision may appeal the decision to the UW Board of Regents. If the matter is not appealed to the Board of Regents within 30 calendar days, the grievance will be considered ineligible for Board review. Upon receiving an appeal, the President of the Board shall refer the appeal to the Board of Regents Personnel Matters Review Committee. In accordance with the Board of Regents Bylaws, the Committee shall conduct a review based on the record of the matter created by the evidence collected, the recommendation of the University Staff Grievance Committee and the decision of the provost. It shall prepare recommended findings and a decision and shall transmit them to the full Board for final action. The full Board may confirm the Committee’s recommendations, the provost decision, or it may direct a different decision. No further appeal shall be available to the parties.