Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-25 - Benefit Policies; Employment › Section 3364-25-41 - Dispute resolution for non-faculty employees not subject to collective bargaining agreements

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement
The university of Toledo recognizes that workplace
				administrative disputes may occasionally arise during the course of conducting
				university operations. To more efficiently and professionally resolve these
				disputes, the university establishes a procedure of redress.
(B) Purpose of policy
Administrative disputes are best resolved between the employees
				and the university by working together on the issue informally. For issues
				which remain in dispute after the informal process occurs, a formal approach is
				also available. Adverse employment actions on the basis of an employee's
				utilization of the dispute resolution process, is prohibited. This policy does
				not replace or supplant any right of employees who are entitled to appeal to
				the state personnel board of review "SPBR" or other external forums.
(C) Procedure
(1) Eligible employees: employees who have
			 successfully completed their probationary period and who are not covered by a
			 collective bargaining agreement are eligible for the dispute resolution
			 process. Employees covered by a collective bargaining agreement must utilize
			 those procedures. In accordance with section
			 9.84 of the Revised Code,
			 non-employees may not participate in this procedure. Employees may have the
			 assistance of one other employee in preparing and presenting the dispute.
			 No employee from human resources ("HR") or legal can
			 provide assistance in this manner.
(2) Dispute defined: a dispute is an
			 unresolved issue concerning the interpretation of, application of, or
			 compliance with university policies, rules, regulations, or procedures.
			 Determinations which discontinue the appointment of an unclassified employee
			 are not subject to this policy. A complaint dealing with alleged
			 discrimination, harassment or failure to accommodate is subject to the
			 compliance office and
human
				resources  and
				therefore, is not subject to this policy. (See applicable policies under the
				compliance office).
The dispute resolution process for unclassified non-union staff
				may not be utilized for purposes of establishing or changing university policy,
				appointment category, pay, benefits, promotions or transfers.
(3) Informal resolution - discussion with
			 supervisor:
(a) In an effort to encourage
			 prompt, fair and amicable solution, the employee having the complaint should
			 meet with his/her immediate supervisor to discuss the problem. If an employee's
			 complaint involves his/her immediate supervisor, the employee should follow the
			 chain of command. At any point in this informal resolution process, either the
			 employee or supervisor may request assistance from human
			  to achieve
			 an amicable resolution.
This informal discussion must take place within ten working
				days after:
(i) the date on which the
			 incident occurred, or
(ii) the date
			 the employee first learned of the circumstances that are the basis of the
			 complaint.
(b) In the
			 event either party is not at work throughout the entire ten working day period,
			 the employee shall contact the immediate supervisor within ten working days
			 after the absent party returns to work.
(c) In the event the supervisor and the
			 employee cannot determine a solution or have exhausted all methods within their
			 control at the discussion level, the employee may choose to contact the
			 department of human resources and talent development within five working days
			 after the discussion procedure set forth in paragraph (C)(3)(a) of this
			 rule.
(4) Formal
			 resolution - written complaint
(a) All
			 complaints should be processed on the request for resolution form provided by
			  human resources
			  (see:
http://www.utoledo.e
du/depts/hr/laboremployee/docs/Dispute-Resolution-Form.pdf). The form is to be
			 completed and forwarded to the next level of management above the employee's immediate
			 supervisor within five working days after the last
			 attempt between the supervisor and the employee to resolve the issue.
			 Informational copies of the written complaint shall be sent to the
			 associate vice president and chief
										
			 human resources officer or designee. Response to
			 the written request for resolution is to be made, in writing, to the employee
			 within five working days from the date of receipt, with informational copies to
			 be sent to the vice president for human resources or designee.
(b) Upon receipt, the employee shall review
			 the decision to determine its acceptability. If it is unacceptable, the
			 employee may appeal within five working days.
(5) Appeal:
(a) Any appeal by the employee shall first be
			 made to the divisional vice-president or designee. The divisional vice
			 president or designee shall meet with the employee and relevant parties to the
			 dispute and shall have ten working days to render a written decision in the
			 matter. Upon receipt, the employee shall review the decision to determine its
			 acceptability. If it is unacceptable, the employee may appeal within five
			 working days to the associate vice president 
										and chief human resources officer or designee.
(b) The associate vice president and chief human
			 resources officer or designee shall confer,
			 within ten working days, with parties having relevant information to the
			 dispute. The vice president of human resources or designee shall respond, in
			 writing within ten working days, to the employee, through the divisional vice
			 president. The decision of the associate vice
			 president 
										and
			 chief human resources shall be the final resolution to the
			 dispute.
(c) All formal hearings at
			 each step of the dispute resolution process will normally be held during the
			 employee's normal working hours. Active hourly employees, who are required to
			 meet in formal hearings during their non-working hours, will be compensated and
			 the time will be considered as worked hours.
(d) The time limits set forth in the policy
			 may be extended by agreement between the employee and a manager in writing
			 only.
(e) If the employee fails to
			 perfect an appeal within the specified procedural time limits, any further
			 procedural steps or action on the dispute is prohibited and the dispute shall
			 be considered as withdrawn.