Grievance Process Intent

It is not the intent of UNL to deal arbitrarily in employment matters, including those pertaining to corrective action and dismissal. In order to provide fairness and equity in the work place, UNL has established an internal review procedure that is accessible to all regular employees.

It is the intent of UNL that employees who use the grievance procedure will suffer no retribution for having done so. Employees will be given sufficient time away from work to discuss job-related concerns and grievance matters with Human Resources, the Staff Ombudsperson, or the Office of Equity, Access and Diversity Programs. This time will be granted as administrative leave.

Grievance Definition

For purposes of this policy, a grievance is defined as any difference arising between the individual and UNL as to the interpretation or application of written UNL policies, rules, or procedures relating to terms and conditions of employment. For issues of harassment and/or discrimination the difference may be between two individuals.

Eligibility for Using the Grievance Procedure

The grievance procedure is open to any member of the office/service or managerial/professional staff who has achieved regular status. Except in the areas of harassment/discrimination and disability/accommodation, the grievance procedure is not open to original probation employees, temporary employees, or on-call employees.

For issues in the area of harassment and/or discrimination, any UNL employee may use the grievance procedure to file complaints against any member of the office/service staff, any member of the managerial/professional staff, and/or any member of the academic/administrative staff when acting in a non-academic capacity.

Complaints against members of the academic/administrative staff when acting in an academic capacity are to be filed with the Academic Rights and Responsibilities Committee, an entity of the Academic Senate, 472-2573. For issues in the area of disability and/or accommodation, grievances are to be filed with UNL's ADA/504 Compliance Officer, 472-1131.

Non-Grievable Issues

Employees do not have the right to appeal through the UNL grievance process (a) a supervisor's performance evaluation rating, (b) performance-based salary increases or salary determinations dictated through legislative law or prescribed by Regental or human resources policy, or (c) the determination of classification.

Human Resources will determine whether or not an issue may be appealed through the grievance process. If a matter is found non-grievable, Human Resources will work with the appropriate parties to try to resolve the concern.

Employees who believe an action may have violated a legal right with respect to employment may appeal through Human Resources.

Grievance Process Records

The official records of the progress of a grievance and the established time limits are maintained and monitored by Human Resources. Therefore, dated copies of all grievance materials will be provided to Human Resources at each step in the grievance process. At the conclusion of grievances for issues of harassment and discrimination (both formal and informal), records are turned over to the OEADP and are maintained in accordance with record-keeping procedures of that office.

Informal Resolution

Work-related dissatisfaction often results from a lack of communication between an employee and the immediate supervisor or from an employee's misunderstanding of the duties and responsibilities of employment.

An employee who is dissatisfied and believes a justifiable job-related complaint exists shall take steps to resolve the problem in a discussion with the immediate supervisor. The employee is also encouraged to discuss the situation with a representative of Human Resources.

In areas of harassment and/or discrimination informal resolution is also the preferred way to resolve differences. The following resources are available to assist in resolving such issues for persons who perceive harassment or discrimination from members of the office/service and/or managerial/professional staff or from a member of the academic/administrative staff acting in a non-academic capacity.

• Staff Ombudsperson, 407 Canfield Administration, 472-3101
• Employee Assistance Program, 700 North 16th Street, 472-3107
• UNL Grievance Committee (access through the Department of Human Resources, 407 Canfield Administration, 472-3101)
• Office of Equity, Access and Diversity Programs, 127 Canfield Administration, 472-3417
• Academic Rights and Responsibilities Committee (Access through the current chair listed in the Centrex under Academic Senate or through the Senate Office, 472-2573.)

Formal Grievance Process

Time Lines

The grievance procedure sets forth time lines for initiation of action at each step. If a grievance is not forwarded by the complainant within the time allowed in any step, the grievance will be considered discontinued, and no further review will take place. Any written grievance not answered by the respondent within the time allowed may be sent on to the next step by the complainant. Upon request Human Resources will assist the complainant in clarifying the time limits.

Extension of Time Lines
Upon request of either party or for any appropriate reason, Human Resources may extend any time line in the grievance procedure.

Grievance Procedures

Step I

(NOTE: Persons filing grievances in the area of harassment and discrimination have a choice of two points of entry into the grievance process: (1) the OEADP or (2) Human Resources. In either case an investigation by OEADP will be a preliminary step before entering into the formal grievance. The investigation will be completed within 15 workdays.)

The complainant will register the grievance document with Human Resources.

The document will include the basis for the grievance, a specific description of conditions, facts, events, or circumstances upon which the grievance is based, the remedy sought, and the signature of the complainant with a mailing address and telephone number where the complainant can be reached.

The complainant will present the grievance document in person to a representative of Human Resources to review the issues. This is the first step in the formal grievance process and must be initiated by the complainant within 20 workdays of the alleged incident that caused the grievance. (NOTE: For issues in the area of discrimination and/or harassment the grievance must be filed within one year of the alleged behavior. For issues in the area of disability/accommodation, the grievance must be filed within 30 calendar days.)

Human Resources will work to resolve the grievance within ten workdays and may convene a meeting with the complainant and the respondent.

Step 2

If the issue is not resolved in Step 1, the complainant will receive written notice from Human Resources. To continue the grievance the complainant will within five workdays of receipt of that notice submit to Human Resources a written request to continue the grievance. Human Resources will send the grievance document to the respondent.

The respondent will meet with the complainant and attempt to resolve the issue. If the issue is resolved, the grievance will be discontinued. If it is not, the respondent will write a reply to the grievance and send it to Human Resources within five workdays of receipt of the grievance. (NOTE: For issues in the area of discrimination and/or harassment the requirement for the respondent and the complainant to meet will be waived.)

Step 3

If the issue is not resolved in Step 2, the complainant may give a written request to Human Resources to continue the grievance by an appeal to the Chancellor. Human Resources will advise the Vice Chancellor for Business & Finance and the vice chancellor(s) of the units in which the complainant and respondent are employed. Human Resources will convene three persons for a grievance hearing committee and will provide a copy of the grievance to each committee member.

The committee will meet with the complainant and the respondent and with other persons thought to have information about the subject of the grievance. Within 20 workdays after the appeal is received in Human Resources, the grievance hearing committee will write a recommendation to the Chancellor and forward it through the Vice Chancellor for Business & Finance.

The Vice Chancellor for Business & Finance will review the grievance and the committee's recommendation and then forward both to the Chancellor, together with any recommendation the Vice Chancellor for Business & Finance may choose to write.

The Chancellor will review the grievance and the hearing committee's recommendation, and will issue a decision in writing to the complainant. The decision of the Chancellor is the final step in the formal grievance procedure within UNL. There is no right of appeal to the Board of Regents.

Representation at Grievance Meetings

Both the complainant and the respondent may be accompanied by an advisor or legal counsel. Grievance meetings will be conducted according to procedures designed by Human Resources and provided to the committee, the complainant, and the respondent.

If an employee engages the services of an attorney or other advisor, the employee is responsible for paying all costs of such services.

Attending Grievance Meetings

For an employee whose presence is required at a grievance meeting, time spent in attendance will be considered as hours worked.

Grievance Meetings Closed

Grievance committee meetings are closed to the public. No one may attend grievance meetings except at the invitation of the grievance hearing committee.

Standing UNL Grievance Panel

The UNL grievance panel will be composed of at least 12 members, with representation from each employment category (academic/administrative, managerial/professional, and office/service). Panel members will serve three-year terms, and membership will be maintained with an equal number from each employment category. The process for nominating, selecting, and appointing panel members will be established by the Chancellor.

Grievance panel members will serve as needed on three-member grievance hearing committees.

Human Resources will provide instruction to grievance panel members regarding grievance procedures.

Grievance Hearing Committees

Grievance panel members will serve on three-member grievance hearing committees on a rotating selection basis.

No grievance hearing committee will have a representative from the UNL department of the complainant or the respondent. No one who has a personal or professional interest in the outcome of the grievance shall serve on the committee.

A complainant or respondent may appeal the selection of any grievance hearing committee member by submitting a written request to Human Resources, setting forth the reasons for the appeal. This appeal must be made within five workdays after the complainant and respondent have received notice of the makeup of the grievance hearing committee.

[NOTE: In grievances for harassment and/or discrimination the three-member grievance hearing committee may be augmented. If the complainant is other than a member of the managerial/professional staff or the office/service staff, Human Resources will augment the committee by appointing two members from the committee to which the complainant would have been referred had the complainant been formally charged under these procedures. The additional members of the augmented committee will be full participants in the discussions, deliberation, and voting.]

Responsibilities of the Grievance Hearing Committee

The responsibilities of the grievance hearing committee will include conducting a grievance meeting, obtaining relevant facts, and making advisory recommendations to the Chancellor about the disposition of the grievance. The committee may decide to interview the complainant and the respondent (at the same time or separately) and other persons considered by the committee, the complainant, or the respondent to have relevant information.

The grievance hearing committee will conduct business according to written guidelines that will be provided by Human Resources to the committee, the complainant, and the respondent.

Effect of Grievance on Management Action and Employee Status

• Filing a grievance does not delay the effective date of any employment action by UNL.
• Filing a grievance in and of itself will not jeopardize the complainant's position, opportunities for advancement, or salary increases.
• A complainant shall not be coerced by the respondent or any other UNL employee in regard to proceeding with a grievance.
• The grievance record will not become a part of the complainant's employment file.
• UNL policy forbids retaliation against any employee based solely upon the employee's participation in the grievance procedure.

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If you would like more information about the department of Human Resources, visit the Human Resources website or call 402-472-3101. You may also email questions about Human Resources policies or procedures to hroffice2@unl.edu.