grievance procedure- Non union employer

System

I need an employee grievience procedure for a non union employer

TN HR

Welcome to the forum!

Hmm, I would ask for more info on what it is that you are trying to accomplish. Tell us more about your organization and it's leadership structure.

You can't go wrong with having an open door policy at all levels. Also, while not exactly what you asked for, you may consider mutual interest meetings/groups.

Tell us more.

Gene

HRinFL

Welcome to the Forum! I agree with TN HR, we need more information. Are you looking for a formal process, or for something more informal?

marc

Here is one - it is for a small non-profit and may not apply to your company, but feel free to use it.

E. GRIEVANCE PROCEDURE
A grievance may relate to any condition arising out of the employee/employer relationship, including, but not limited to, compensation, working hours, or other disagreement. Every effort shall be made to resolve any grievance at the lowest possible level. When grievances are between co-workers, efforts should be made to resolve them directly, or to obtain assistance from a supervisor. When it is necessary to file a formal grievance, the following steps will serve as a guide:
• An aggrieved employee shall file a written grievance, within ten working days of the incident, to his/her immediate supervisor who must respond within ten working days from receipt of the written grievance.

• In the event that the supervisor has not resolved the grievance, the aggrieved employee has the right to forward the grievance in writing to the Executive Director within five working days. The Executive Director will arrange a conference with the parties involved. The conference must take place within ten working days of the Executive Directors receipt of the grievance, and the Executive Director will then respond in writing to the aggrieved employee within five working days of the conference.

• If the grievance has not been resolved, the aggrieved employee has the right to forward the grievance to the Personnel Committee of the Board of Trustees within five working days. The Personnel Committee will establish a conference with all persons involved within ten working days of the receipt of the written grievance, to review the grievance. The Personnel Committee will have final jurisdiction in the resolution of the grievance, and will inform the aggrieved employee in writing of their decision within ten working days of the conference.

• No employee will be retaliated against or discriminated against in his/her employment because of the employee’s utilization of the grievance procedure. Complaints regarding allegations of retaliation should be submitted in writing to the Executive Director or the next level of authority.

• The grievance procedure should not be construed, however, as preventing, limiting, or delaying the Company from taking disciplinary action against you, up to and including termination, in circumstances where disciplinary action is warranted. Furthermore, use of the grievance procedure should not be construed as creating a contract or as guaranteeing employment or establishing as “just cause” termination standard. As previously stated, it is the policy of the Company that all employees are employed at the will of both you and the Company.

AnneHa

Our policy is very similar to Marc’s except we call it the Complaint Procedure. We are a public employer, non-union, with 85 ee’s. I sent a copy to your email address.



Anne in Ohio

WO

Anne,

I also work for a non-union public employer. Would you please send me a copy of your grievance policy.

Does it define what is and is not eligible for grievance? For instance I have an employee who wants to grieve our method of FMLA implementation. Thanks.

Don D

I suggest you snap up the opportunity to settle that one through a grievance procedure right away. The alternative is for some DOL investigator in a grey suit to visit you and take at least a whole day of your time.

WO

Oh so an easy win vs a bothersome investigaton, I hadn't thought of it in that light Don. Good point.

My thought was the policy is clear, the employer gets to designate FMLA, the employer is allowed to designate running FMLA concurrently with paid leave, etc. Is it really a grievable issue?

Gillian3

[font size="1" color="#FF0000"]LAST EDITED ON 04-12-05 AT 02:22PM (CST)[/font][br][br]Sure, maybe you didn't administer something correctly or having a meeting would allow you to explain the regulations. That might solve the problem but wouldn't preclude a legal challenge if the employee wanted to do that. The DOL wouldn't give up their right to take a complaint and act upon it. I wouldn't formalize to the point of allowing it in a problem resolution process but would sure have a meeting to try and resolve the problem at the lowest possible step. Since people who are not experts in FMLA or other legal areas would be deciding grievances it isn't a good idea to make it formal. It's not much different that an informal complaint of discrimination. You woudn't want someone who is not an expert ruling on a grievance. Try to fix it internally, though, rather than allow it to become a formal charge.

System

I never would have thought of letting an employee grieve a policy or practice related to anything like FMLA. Now, seeing it in print and considering it, it's a good idea. If you don't let the employee grieve it, the FMLA process will become a topic among other employees and the issue will bloom. I'd sit with the employee and listen to his/her idea. Sometimes the air can be cleared right there. Only three things can happen. The ee will be satisfied with what you explain, you'll see something that may be a potential problem and you'll change it, or you'll agree that the way you're currently doing it is the best way. It's a win for everyone.

AnneHa

WO,

Your email account is disabled and I can't send the policy. Please let me know where it goes.
email: [email]ahackman@mail.portsmouth.lib.oh.us[/email]


Anne in Ohio