The College shall establish procedures for grievances based on any condition arising out of the employer/employee relationship, including but not limited to, compensation, working hours, working conditions, reasonable accommodations or the interpretation of applicable laws, regulations, and policies.  These procedures apply to administrative and exempt personnel and the employees in the classified service not covered under a bargaining agreement or in instances not addressed in the collective bargaining agreement.

680.001 GRIEVANCE PROCEDURE

A grievance within the meaning of this procedure may be based on any condition arising out of the employer/employee relationship, including but not limited to, compensation, working hours, working conditions, reasonable accommodation, or the interpretation of applicable laws, regulations, and policies.

This procedure expressly applies to administrative and exempt personnel and the employees in the classified service not covered under a bargaining agreement or in instances not addressed in the collective bargaining agreement. If employees file a grievance under a collective bargaining agreement, they may not use this grievance process. This process does not apply to faculty or student employees. Application of this grievance procedure is superseded by all applicable procedures in negotiated labor contracts governing members of a specified bargaining group, by the procedure available before the Department of Personnel for classified staff, and by all procedures subject to Administrative Procedure 620.010.

Failure by the employee to comply with any time limitations will constitute waiver of all rights under this section and withdrawal of the grievance with prejudice. Failure by the College to comply with any time limitations will constitute the right of the employee to proceed to the next step. Time limits set forth herein may be altered by mutual agreement of the College and the employee.

It is the intent of the parties to hear grievances during working hours, provided that this does not preclude the hearing of grievances during non-working hours nor may it result in any overtime compensation or compensatory time off for employees participating in grievances.

For the purposes of computing time limits prescribed in this section, "working days" will not include Saturdays, Sundays, legal holidays, scheduled days off and approved leaves.

Steps (1) and (3) may be eliminated if the employee does not have intermediary levels between his/her supervisor and the president (for example, for one who reports directly to a vice president).

In Steps (2) through (4) of this procedure, the employee may choose another employee, a representative of an employee organization, or the associate vice president of human resources to assist them or to act as a representative.

This grievance procedure is designed to function as a problem-solving mechanism. A grievance may be initiated with the understanding that no retribution will be directed toward the employee in any manner whatsoever as a result of initiating the grievance.

The procedure is as follows:

1. A grievance must be discussed by the aggrieved employee(s) with the employee's immediate supervisor within ten working days of the alleged grievance or within ten working days after the employee became aware, or should have become aware, of the action or condition. Every effort will be made by all parties involved to resolve the grievance at this level. If the grievance is not satisfactorily resolved through such discussion within ten working days, the aggrieved employee may submit his/her grievance in writing, stating relevant facts supporting the grievance and the remedy requested to the immediate supervisor, who will respond with a decision in writing within ten working days of receipt of the written grievance. Copies of the written grievance and decision should be provided to all appropriate parties.
   
   
2. If agreement has not been reached by the parties, the grievance will be presented to the next higher level of supervision within ten working days after receipt of the supervisor's written response. All grievances processed under this step will be responded to in writing within ten working days of receipt.
   
   
3. If agreement has not been reached by the parties, the grievance will be presented to the employee's vice president within ten working days after receipt of the supervisor's written response. All grievances processed under this step will be responded to in writing within ten working days of receipt.
   
   
4. The employee will have ten working days after receipt of the written response to appeal the vice president's decision to the president or designee. If appealed, the president or designee will issue a written decision within ten working days. The decision of the president in the matter will be final.