Iowa Administrative Code › Agency 681 - Regents Board › Chapter 3 - Regents Human Resources Management-merit System Rules › Rule 681-3.129 - Grievances

Current through Register Vol. 47, No. 3, July 24, 2024
Disputes or complaints by permanent employees regarding the
				interpretation or application of institutional rules governing terms of
				employment or working conditions (other than general wage levels) or the
				provisions of these merit system rules (other than disputes whose resolution is
				provided for in 681-3.127 (8A) and
				681-3.128 (8A)) will be resolved
				in accordance with the following procedure, except at institutions where a
				varied procedure has been approved by the merit system director in accordance
				with 3.129(1). Employees in an initial probationary period will be allowed
				access to the grievance procedure as outlined below, with the exception of
				dismissal during probation which cannot be appealed. The institutional
				representative may permit an oral presentation at any step if the institutional
				representative deems one necessary. At each step of the grievance procedure,
				the employee may be represented by one or two coworkers of the employee's
				choosing. The name of such representatives will be noted on the written
				grievance and on each subsequent appeal. Presentations, reviews,
				investigations, and hearings held under this procedure may be conducted during
				working hours, and employees who participate in such meetings will not suffer
				loss of pay as a result thereof.
If an employee does not appeal a decision rendered at any step
				of this procedure within the time prescribed by these rules, the decision will
				become final. If an institutional representative does not reply to an
				employee's grievance or appeal within the prescribed time, the employee may
				proceed to the next step. With the consent of both parties, any of the time
				limits prescribed in these rules may be extended.
Step 1.
A dissatisfied employee will first
				discuss the employee's problem with the employee's immediate supervisor It is
				presumed that the majority of disputes, complaints, or misunderstandings will
				be resolved at this point. If the employee is still dissatisfied after such
				discussion, the employee may within 14 days after the occurrence of the matter
				leading to the grievance or within 14 days after such time that the employee
				has, or could reasonably be expected to have, knowledge of such occurrence,
				file a written grievance with the employee's department head or designee. A
				written grievance will contain a brief description of the complaint or dispute
				and the pertinent circumstances and dates of occurrence. It will specify the
				institutional or merit system rule which has allegedly been violated and will
				state the corrective action desired by the employee. The grievance will be
				signed and dated by the employee. The department head or designee will
				investigate the grievance and will, if deemed necessary, give the employee or a
				coworker of the employee's choosing the right to present the employee's case
				orally. The department head or designee will notify the employee of the
				decision in writing within 14 days after receiving the grievance.
Step 2.
If the employee is not satisfied with
				the decision of the department head or designee, the employee may within seven
				days after receiving that decision, appeal it to the dean of the college or the
				head of the major operating division or designee(s) in which the employee is
				employed. The dean or the division head and the resident director or
				designee(s) will jointly represent the institution at this step of the appeal
				procedure. The appeal will be in writing and will include all of the
				information included in the initial grievance and subsequent appeals, all the
				decisions related thereto, and any other pertinent information the employee may
				wish to submit. The appeal will be signed and dated by the employee.
The dean of the college or head of the division and the
				resident director or designee(s) will investigate the grievance and will, if
				deemed necessary, give the employee or a coworker of the employee's choosing
				the right to present the employee's case orally. The institutional
				representatives may affirm, reverse, or modify the decision of the department
				head and will notify the employee of their decision in writing within 14 days
				after receiving the appeal.
Step 3.
If the employee is not satisfied with
				the decision rendered at Step 2 of the grievance procedure, the employee may
				within seven days after receiving that decision appeal it to the chief
				administrator of the institution. The appeal will be in writing and will
				include all of the information included in the initial grievance and subsequent
				appeals, all decisions related thereto, and any other pertinent information the
				employee may wish to submit. The appeal will be signed and dated by the
				employee.
The chief administrator or the chief administrator's designee
				will investigate the grievance and will, if deemed necessary, give the employee
				or a coworker of the employee's choosing the right to present the employee's
				case orally. The chief administrator may affirm, reverse, or modify the
				decision rendered at Step 2 and will notify the employee of the administrator's
				decision in writing within 14 days after receiving the appeal.
Step 4.
Employees not satisfied with the
				decision rendered under Step 3 may within seven days after receiving that
				decision request a hearing before an arbitrator Such a request will be in
				writing, will include all of the information included in the initial grievance
				and subsequent appeals, all of the decisions related thereto, and any other
				pertinent information the employee may wish to submit.
The appeal will be signed and dated by the employee and will be
				directed to the merit system director who will arrange for a hearing before an
				arbitrator as prescribed under 3.129(2). The arbitrator will be expected to
				render a decision within 30 calendar days following the conclusion of the
				hearing.
The merit system director shall have the right to rule whether
				a case is grievable and arbitrable under the merit system. The merit system
				director shall have the right to refuse to refer to arbitration any grievance
				not found to be in full compliance with these rules involving the grievance
				procedure. The board of regents shall retain jurisdiction to review decisions
				of the merit director as to whether a matter is grievable or arbitrable upon
				appeal by an employee.
(1)
Institutional grievance procedure.
An institution may develop
			 a grievance procedure for all or a segment of its employees that varies from
			 the procedure prescribed in 681-3.129 (8A), provided that such a procedure
			 begins with discussion between the employee and the employee's immediate
			 supervisor and provides for a final hearing in accordance with Step 4 of the
			 grievance procedure prescribed herein. Such an institutional procedure will
			 incorporate all the rights provided employees in this chapter, will be made
			 known to the employees to whom it applies, and must be approved by the merit
			 system director In the absence of an approved institutional procedure,
			 681-3.129 (8A) will apply.
(2)
Appeals.
The board of regents will approve the use of a single
			 arbitrator in hearing an appeal. The selection of the arbitrator shall be made
			 from a panel of arbitrators as referred from the Federal Mediation and
			 Conciliation Service or the Iowa public employment relations board with a
			 preference for those lowans so certified.
The arbitrator will hear a dispute appealed to the last step of
				the grievance procedure and render a decision thereon subject only to review by
				the courts.
The arbitrator will establish procedures for the conduct of the
				hearing in a fair and informal manner that will afford each party reasonable
				and ample opportunity for case presentation and to rebut the presentation of
				the other The arbitrator will be expected to render a decision to the involved
				parties and to the board of regents within the prescribed
				time.