Objective:

To outline the grievance procedure to be followed for regular, non-exempt employees.

Procedure:

This procedure is provided for grievances defined in Policy 640 as follows:

• Category I Grievances:
  1. Demotion, suspension without pay, or termination of non-probationary employees for inadequate work performance.
  2. Non-compliance with the Reduction in Force Policy.
  3. Work assignments or conditions of work which the employee claims violate a statute or University policy other than those prohibiting discrimination.
• Category II Grievances:
  1. Demotion, suspension without pay, or termination for conduct-related offenses.
  2. Demotion, suspension without pay, or termination, work assignments, or conditions of work which the employee claims are based on discrimination (including claims of racial and sexual harassment).

Only matters defined as grievances in Policy 640 are grievable. Matters not grievable include, but are not limited to, the following: job classification, pay, workers' compensation matters, performance evaluations, written and verbal warnings, terminations during the probationary period, terminations accomplished in accordance with the Reduction in Force policy and procedure statements, court ordered terminations, and challenges to the content of University policy or procedure.

Grievances alleging discrimination (including claims of racial and sexual harassment) in work assignments or conditions of work must be addressed first through the affirmative action complaint procedure provided in Human Resources Procedure 220, Equal Employment Opportunity and Affirmative Action. The procedure outlined below is available to an employee only if the resolution through the affirmative action complaint procedure is not satisfactory to the employee.

Time for Filing:
A grievance must be initiated within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance. If the employee is not satisfied with the decision at any step, he/she must carry the grievance forward to the next step within fifteen (15) workdays after receiving the written decision. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision. For purposes of this procedure, the term "workdays" refers to Monday through Friday.

Testimony, Witnesses and Representation:
At every step, the employee may testify and present witnesses and materials in support of his/her position. The testimony of an employee, given either on his/her own behalf or as a witness for another employee, will not subject an employee to retaliatory action. At every step, the employee may be accompanied and represented by one other employee from the unit where he/she is employed. At the discretion of the panel chair, additional employees from the unit may be allowed at an informal hearing conducted at the final step. In a Category I grievance hearing, neither the employee nor the University may be represented or accompanied by legal counsel. In a Category II hearing (APA or informal), either party may elect to be represented by legal counsel. In an APA hearing, the University always will be represented by legal counsel. Neither the employee nor the University may be accompanied or represented by legal counsel except at a contested case hearing under the Tennessee Uniform Administrative Procedures Act (TUAPA).

Steps:

Category I grievances begin at Step 1; Category II grievances begin at Step 3B.

    Step 1--Immediate Supervisor:

1. Within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance, the employee completes a Grievance Form (which may be obtained from the Human Resources Office), submits it to his/her immediate supervisor, and files a copy with the Human Resources Office.
2. Within fifteen (15) workdays after receipt of the Grievance Form, the immediate supervisor discusses the grievance with the employee in a face-to-face meeting.
3. The supervisor responds with a written decision including specific reasons within fifteen (15) workdays after the face-to-face meeting. If the supervisor fails to respond or if the decision is not satisfactory to the employee, he/she may carry the grievance forward to Step 2.

1. Within fifteen (15) workdays after receiving the written decision at Step 1, the employee submits the Grievance Form to the next level of management beyond his/her immediate supervisor.
2. Within fifteen (15) workdays after receipt of the Grievance Form, the next level of management has a face-to-face meeting with the employee to discuss the grievance.
3. Within fifteen (15) workdays after the face-to-face meeting, the manager issues a written decision, including specific reasons for the decision.

1. Category I Grievance:
   1. Within fifteen (15) workdays after receiving the written decision at Step 2, the employee submits the Grievance Form to the Human Resources Director, who arranges for the grievance to be heard by a panel of unbiased University employees.
   2. The Grievance Panel shall include two (2) representatives from the Employee Relations Committee, the Vice President or his/her designee, the Human Recources Director or his/her designee, who will serve as Chair of the Panel, and any additional panel members deemed appropriate by the Panel, and any additional panel members deemed appropriate by the Chair. The panel members representing the Employee Relations Committee shall be appointed on an ad hoc basis by the Employee Relations representative to the Employee Relations Board; however, employees representing the unit where the grievance originates may not serve on the Grievance Panel.
   3. The Grievance Panel shall hear the grievance within fifteen (15) workdays after the date on which the employee submits the Grievance Form to the Human Resources Director.
   4. Within fifteen (15) workdays after the hearing, the Grievance Panel shall issue a written decision, including specific reasons for the decision.
   5. Within fifteen (15) workdays after receiving the written decision from the Panel, the employee or management may request that the decision of the Grievance Panel be reviewed by the Associate Vice President.
2. Category II Grievances:
   1. Demotion, suspension without pay, or termination for conduct-related offenses:
      1. Within fifteen (15) workdays after receiving notice of demotion, suspension without pay, or termination for conduct-related offenses, the employee may elect to have the grievance heard by a panel of unbiased University employees, as provided in Step 3A above, or under the contested case provisions of the TUAPA. If the employee elects the informal hearing provided in Step 3A, he/she must execute a waiver of any right to a hearing under the TUAPA.
      2. If the employee elects a TUAPA hearing, the hearing will be conducted in accordance with the University's rules for contested case hearings, and any time requirements or other provisions of this procedure which are inconsistent with those rules shall not apply.
   2. Work assignments or conditions of work which the employee claims are based on discrimination (including racial and sexual harassment):
      1. Prior to initiating a discrimination grievance under this procedure, the employee must pursue his/her complaint through the affirmative action complaint procedures provided in Human Resources Procedure 220, Equal Employment Opportunity and Affirmative Action.
      2. Within fifteen (15) workdays after receiving the decision of the appropriate official on his/her affirmative action complaint, the employee may elect to have the grievance heard by a panel of unbiased University employees, as provided in Step 3A above, or under the contested case provisions of the TUAPA. If the employee elects the informal hearing provided in Step 3A, he/she must execute a waiver of any right to a hearing under the TUAPA.
      3. If the employee elects a TUAPA hearing, the hearing will be conducted in accordance with the University's rules for contested case hearings, and any time requirements or other provisions of this procedure which are inconsistent with those rules shall not apply.
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