New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter B - Policies of the Board of Trustees › Part 400 - Grievance Procedure For Classified Civil Service Employees › Section 400.6 - Grievance procedure steps

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Step 1. The employee, or his representative, shall present the grievance orally
				  or in writing on forms to be provided by the college to the employee's
				  immediate supervisor or to the local administrator not later than 45 calendar
				  days after the date on which the act or omission giving rise to the grievance
				  occurred. The local administrator may require the grievant to meet with the
				  grievant's immediate supervisor in an effort to settle the grievance
				  informally. The person receiving the grievance shall take appropriate action to
				  insure that a proper and timely disposition of the grievance is made and shall
				  reply to the employee or his representative, in writing, within five working
				  days following the date of submission.
(b) Step 2. In the event the employee or his
				  representative wishes to appeal the decision made at step 1, the appeal must be
				  presented, in writing, on forms to be provided by the college, within 15
				  working days of the receipt of the step 1 decision, to the local administrator.
				  A copy of such appeal shall also be sent to the person who passed upon the
				  grievance at step 1. Such appeal shall contain a short, plain statement of the
				  grievance and indicate the redress, relief or remedy sought. The president
				  shall designate a person to hear the appeal at step 2, and such designee shall
				  meet with the employee or his representative, or both, within 20 working days
				  after the receipt of the appeal by the local administrator to review the
				  grievance and shall issue a written decision to the employee or his
				  representative by the end of the fifteenth working day following the day on
				  which the review was held.
(c) Step
				  3. An appeal from a decision at step 2 shall be presented by the employee or
				  his representative in writing, on forms to be provided by the college, to the
				  university grievance officer within 15 working days of the receipt of the step
				  2 decision. A copy of the appeal shall be sent to the local administrator. The
				  university grievance officer or his designee, shall meet within 20 working days
				  after receipt of the appeal with the employee and/or his representative, if
				  they so desire, for a review of the grievance. If a meeting is not requested,
				  the university grievance officer shall make his determination on the basis of
				  the facts submitted to him by the parties. A written decision shall be issued
				  to the employee or his representative by the end of the twentieth working day
				  following the day on which the step 3 review was held.
(d) Step 4. An appeal from an unsatisfactory
				  decision at step 3 shall be presented in writing, on forms to be provided by
				  the State, by the employee or his representative within 15 working days of
				  receipt of the step 3 decision, to the grievance appeals board. The grievant
				  shall also furnish a copy to the university grievance officer.
(e) The time for presenting a step 1
				  grievance shall be extended by the time that an employee is absent from the job
				  through illness or disability, provided such illness or disability extends for
				  at least 10 calendar days.
(f)
				  Failure to answer a grievance within the time limit prescribed in steps 1, 2 or
				  3 of the grievance procedure shall permit the employee or his representative to
				  progress the grievance to the next step for decision.
(g) Any grievance not appealed by the
				  employee or his representative to the next step of the grievance procedure
				  within the time limit prescribed shall be considered settled on the basis of
				  the last decision and is not subject to further appeal or
				  consideration.
(h) The university
				  grievance officer may, if he deems it appropriate, direct that a verbatim
				  record of the step 3 review be taken. A verbatim record of the step 1 and step
				  2 reviews shall not be made.