Discipline Grievance

8/8/2019 Discipline Grievance

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UNC Asheville Supervisory Development:

Discipline & Grievance


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Discipline: Purposes

The program also ensures employees receive notice prior todismissal or demotion.

The States disciplinary procedures providesupervisors a method of disciplining employees for:

Unsatisfactory Job

Performance

Grossly Inefficient

Job Performance

Unacceptable

Personal Conduct


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Policy Considerations

Supervisors should contact HR prior to initiating

formal disciplinary action.

Disciplinary actions are inactive or void 18

months from the date of the action if no further

disciplinary action or suspension has occurred.


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Discipline:

How to Obtain Information The policy is available in Human Resources.

Supervisors are trained in workshops, and

individual sessions.

The campus is invited to provide input before

changes to UNC Asheville policies occur.


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** Policy interpretation for employees and supervisors

**Assistance to employees and supervisors

**Maintenance of records and reporting


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Covered Employees

Career state employees

Individuals employed for at least 24 months

Employees between completion of

probationary period and career status

The probationary period is typically 9months.


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Basis for Disciplinary Action

Unsatisfactory Job

PerformanceHow the job gets done

Examples:Poor QualityInsufficient Quantity

InaccurateNot on the jobTimelinessHabitual Tardiness

Unacceptable

Personal Conduct

Examples:StealingFighting

Sexual HarassmentIntoxication


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Basis for Disciplinary Action

Grossly Inefficient

Job PerformanceVery substantial and

serious in terms of

expense and danger

Example:

Creating obvioushealth and safety

HazardsCarelessly providing lists of

social security numbers


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Types of Disciplinary Actions

In addition to Written Warnings, DisciplinarySuspension Without Pay, Demotion and

Dismissal are the other possible actions. Be

sure to contact Human Resources before taking

any of these actions.


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Types of Disciplinary Actions

Written Warnings

Written Warnings are the most common form of disciplinaryaction. Be sure to contact Human Resources before issuing a

Written Warning or any other disciplinary action.

A Written Warning should include: Specifics about the situation

Specific expectations and timeframes

Consequences for not correcting the situation

Dates for follow-up


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Pre-Disciplinary Conference

Before taking a Disciplinary Action (other than

Written Warnings), you should schedule a Pre-

Disciplinary Conference. This conference will

alert the employee of the situation and allowhim or her to prepare for a Disciplinary Action.


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Guidelines: Provide the employee with written notice of the upcoming

conference. Allow at least business day between the Pre-

Disciplinary Conference and the Disciplinary Action. Attorneys may not attend.

Provide written notice of the impending Disciplinary Actionduring the conference. This notice should be specific enoughto alert the employee about the situation.

Provide an opportunity for the employee to respond. No witnesses may be present.


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Information exchanged during the Pre-Disciplinary Conference will help you decide

what the ultimate Disciplinary Action will be.


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Disciplinary Actions

After Conference Document the action in writing. The document

should include: Reason for the action Effective date

Appeal Rights

If the decision is to dismiss, provide the document(mentioned above) in person or send via certified

mail. For unsatisfactory job performance, the effective

date for dismissal should be no later than 14calendar days after notice.


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Investigatory Placement

With PayThis is NOT a disciplinary action.

Investigatory Placement with Pay allows

supervisors time to:Investigate the situation

Schedule and conduct pre-disciplinary

conference, if necessaryAvoid workplace disruption and preserve a

safe work environment


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Grievance: Purpose

UNC Ashevilles grievance procedures allow for the prompt,

orderly and efficient resolution of problems and differencesarising between the supervisor and employee.


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Grievance: Covered Individuals

Covered Individuals Include:

Career SPA employees (employed 24 months)Former State Employees (for specific issues)

Applicants for State Employment (for specific

issues).

Any SPA State employee (for specific issues)


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Grievance: Policy

The Grievance Procedures outlined here are not to

be used for the following purposes, unless the

employee is claiming illegal discrimination:

complaints regarding overall performance approval

ratings

the amount of any performance increase or

a failure to receive a performance increase

These complaints must be processed in accordance with

the Performance Pay Dispute Resolution Procedures for

SPA Employees.


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Grievance: Policy

Warnings, placement on investigatory placement

with pay, and extensions of disciplinary actions

are not grievable unless the complaint of action isallegedly the result of illegal discrimination or a

constitutional violation.

Matters relating to written warnings or

performance pay dispute and any other matters notspecifically set out in the State Personnel Act may

not be appealed to the State Personnel

Commission.


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Grievance: Policy (continued)

Matters of inherent management rights not subject toappeal except in cases of discrimination or constitutionalviolations. Examples include:

Functions of the department Standards of service

Staff assignments

Use of technology

Resolution is required within 90 days for cases involvingdischarge or demotion for disciplinary reasons or 120 daysfor all other issues.


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Grievance: Procedure Overview

The following slides briefly outline the four steps of the

Grievance Process. For details on each of these steps,please see UNC Asheville Policy #43 (Grievance

Procedure for Employees Subject to the State

Personnel Act). A link is found within this module and

is available from the Office of Human Resources.


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An employee is allowed time off from regular

duties as may be necessary and reasonable up to

a maximum of eight hours for the preparation of

an internal grievance without loss of pay,vacation leave or other time credits. Employees

must notify their supervisor in advance and

receive prior approval of the necessity to be

absent from work for preparation of the internalgrievance.


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Grievance: Procedures Overview

Step One Summary Employees submit an SPA

Grievance Form to the supervisorwithin 30 calendar days.

Supervisor should submit form tothe lowest-level supervisor withdecision-making authority (if notself) within 2 calendar days.

Decision-making supervisor meetswith the employee within 10

calendar days and provides thecomplaining employee with awritten response.

A copy of the response is submittedto Human Resources.


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Step Two Summary If the Step One decision is

unsatisfactory to the employee,

he/she may appeal to the next levelsupervisor within 10 calendar days.

Following discussions with the

employee, the supervisor issues a

Step Two decision within 10

calendar days of receiving theGrievance Form.

A copy of the response is submitted

to Human Resources.


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Grievance: Procedure OverviewStep Three Summary If the Step Two decision is unsatisfactory to the employee, he/she may

submit an appeal (utilizing a Grievance Form) to the Director ofEmployee Relations within 10 calendar days.

The Director of HR will schedule a hearing within 5 days of receiving

the appeal. The notification of the hearing will take place 10 calendardays before the hearing is conducted. Only the employee, members ofthe Grievance Committee and parties involved may attend the hearing.

The Grievance Committee will forward a written recommendation tothe Chancellor within 10 calendar days.

Within 10 calendar days of receiving the Grievance Committeesrecommendation, the Chancellor will provide the employee with theFinal University Decision (or advise the employee as to why thedecision is being delayed and when a response can be expected).


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Step Four Summary

The employee may file an appeal to the State Personnel

Commission within 30 days following the Chancellorsdecision.

The appeal is filed with the Office of Administrative

Hearings (OAH).


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** Policy interpretation for employees and supervisors

**Assistance to employees and supervisors**Maintenance of records and reporting


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Neither the University nor the employee may be

accompanied by any outside parties (i.e., legal

counsel, etc.) during the internal grievance process.


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Grievance:

Discrimination Special Provisions

Complaints based on age (above 40), sex, race, color,

national origin, religion, creed, political affiliation,or disability condition may submitted directly to State

Personnel Commission in Raleigh or the EqualEmployment Opportunity Commission in Charlotte(within 30 calendar days).


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Grievance:

Discrimination Special Provisions

Exception for Workplace Harassment Employees who wish to submit a formal complaint

alleging unlawful harassment should file a signedUnlawful Workplace Harassment Form within 30calendar days of the last incident.

An employee alleging harassment may bypass anystep that involves interacting with the allegedharasser.

The University will investigate and take appropriateaction within 60 days of receiving the complaint.


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Grievance:Inaccurate or Misleading

Information in Personnel File

Any employee regardless of length of

service may file a grievance regarding this.

Any employee may examine his or her

personnel file upon request.


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Congratulations!

You have reached the end of this presentation.

For details on the policies mentioned in this

presentation, please visit theUNC Asheville Human Resources websiteor

call Human Resources at 251-6605.
http://www.unca.edu/hr/http://www.unca.edu/hr/

Documents

Discipline Grievance