The University of Memphis

Grievance Process and Conflict Resolution

POLICIES

The purpose of this procedure is to set forth the means by which faculty and staff may seek remedies for certain actions or treatment that they consider unfair or unjust.

It is recognized that in any organization conditions develop and misunderstandings arise that may cause dissatisfaction and resentment. Normally problems and differences can be settled as part of the day-to-day routine. Department chairs and supervisory personnel should objectively investigate and discuss all complaints brought to their attention as soon as possible. Such matters should be given immediate attention with the express intent of finding a reasonable solution to the complaint or concern.

However, when matters cannot be mutually satisfied through informal discussions, an employee may seek recourse according to the processes outlined below.

A grievance is a formal complaint about one or more of the following matters:

• Demotion, suspension without pay, or termination for cause
• Work assignments or conditions of work that violate Federal law, Tennessee State law, Tennessee Board of Regents (TBR) policy or University policy or inconsistent application of TBR or University policy

A hearing in conformity with the provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA), Tennessee Code Annotated, Sections 4-5-301 through 4-5-322. TUAPA hearings are handled by the Office of Legal Counsel after the employee has gone through the various levels of review outlined in the grievance process.

The President's Panel Hearing is the final step in the grievance process that does not involve a TUAPA hearing. An unbiased panel of at least three, but no more than five members are appointed by the President or designee to hear the grievance and make final recommendations to the President.

If the grievance involves an allegation of unlawful discrimination or unlawful harassment, the employee may choose a TUAPA hearing or the President's Panel Hearing by completing an Election of Rights form http://bf.memphis.edu/forms/hr.htm#relations.

A faculty or staff member who has a formal grievance should begin by discussing it with his or her department chair or immediate supervisor within 15 days of the date of the grievance or knowledge of the occurrence on which the grievance is based. Every attempt should be made to resolve grievances at the lowest level possible.

If the employee is not satisfied with the initial response, or if action of the supervisor is the basis for the grievance, the grievance may be presented in writing to Human Resources, 171 Administration Building, on the standard grievance form  http://bf.memphis.edu/hr/employeerelations/grievance.pdf.

Human Resources will facilitate the routing of the grievance through a maximum of four levels. At each level of review, the Manager of Employee Relations will receive the grievance response. It will be reviewed with the employee, who decides at each level to either accept the response or to request that the grievance advance to the next level.

At each level of review (called Steps), the responding official must, within 15 work days from the receipt of the grievance, extend to the employee the opportunity for a face-to-face meeting to discuss the grievance. That official must also provide a written response to the grievance within 15 work days after the face-to-face meeting.

The aggrieved party, and any material witnesses, may elect to orally testify at each Step in the grievance process and (s)he may elect to be accompanied by a representative of choice from the University. The names of those individuals participating at each Step should be provided to the Employee Relations Manager prior to the meeting. This information will assist the official in planning for the meeting and securing adequate office or conference room space.

The process may be elevated to the next Step within 15 days from the receipt of each written response. The Steps in the grievance process are:

• Step One - the level above the immediate supervisor that is no lower than Department Chair or Manager.
• Step Two - the next level above Step One, but no lower than Dean or Director.
• Step Three - the next level above Step Two, but no lower than Provost or Vice President.
• Step Four - the final level and designated as a panel of representatives appointed by the final authority, the President, or a hearing officer in the case of a TUAPA hearing.

Note: Attorneys are not permitted to attend or participate in Steps, except in the case of a TUAPA hearing.

The President or designee will appoint an unbiased panel of at least three, but no more than five members outside of the aggrieved party's division. One of the panel members will be appointed as Chair by the President or designee.

The Panel will hear the grievance within 15 work days of the request for review. The Chair of the Panel will select the site for the hearing. Material witnesses will be allowed to speak on behalf of the employee. Likewise, material witnesses may speak on behalf of the University as to the circumstances that led to the grievance. The Chair of the Panel will be responsible for producing a written record of the hearing proceedings. A copy of the record, including the Panel recommendation, will be provided to the Department of Human Resources, the aggrieved employee, and the appropriate supervisor within 15 work days from the date of the hearing.

The Manager of Employee Relations will be responsible for forwarding the Panel's recommendation to the President's Office. After reviewing the recommendation, the President will render a decision as quickly as possible. Refer to TBR Policy 01:02:11:00 Appeals and Appearances Before the Board for information regarding the right to appeal a decision of the President.

If the grievance involves an allegation of unlawful discrimination or unlawful harassment, the employee may choose a TUAPA hearing or the President's Panel Hearing.

To select a President Panel or TUAPA hearing, employees should complete an Election of Rights form http://bf.memphis.edu/forms/hr.htm#relations. A completed copy should be forwarded to the Manager of Employee Relations in the department of Human Resources.

All workplace conflicts and complaints are not subject to the formal grievance process since some matters are not included in the definition of a grievance. The less formal Conflict Resolution Process is followed for these kinds of complaints, and it is available to regular and temporary faculty members and staff. Both the Employee Relations section in the Department of Human Resources, 171 Administration Building, and the Faculty Ombudsperson located in the Faculty Senate Office, 154 Administration Building, are available to assist with the process.

The Steps listed in the Grievance Process may be followed for resolving conflicts, except that Step 4 is not available unless an exception is expressly granted by the President based on unique and critical circumstances.