(A) Policy statement
The university of Toledo recognizes that workplace
administrative disputes may occasionally arise during the course of conducting
university operations. To more efficiently and professionally resolve these
disputes, the university establishes a procedure of redress.
(B) Purpose of policy
Administrative disputes are best resolved between the employees
and the university by working together on the issue informally. For issues
which remain in dispute after the informal process occurs, a formal approach is
also available. Adverse employment actions on the basis of an employee's
utilization of the dispute resolution process, is prohibited. This policy does
not replace or supplant any right of employees who are entitled to appeal to
the state personnel board of review "SPBR" or other external forums.
(C) Procedure
(1) Eligible employees: employees who have
successfully completed their probationary period and who are not covered by a
collective bargaining agreement are eligible for the dispute resolution
process. Employees covered by a collective bargaining agreement must utilize
those procedures. In accordance with section
9.84 of the Revised Code,
non-employees may not participate in this procedure. Employees may have the
assistance of one other employee in preparing and presenting the dispute.
No employee from human resources ("HR") or legal can
provide assistance in this manner.
(2) Dispute defined: a dispute is an
unresolved issue concerning the interpretation of, application of, or
compliance with university policies, rules, regulations, or procedures.
Determinations which discontinue the appointment of an unclassified employee
are not subject to this policy. A complaint dealing with alleged
discrimination, harassment or failure to accommodate is subject to the
compliance office and
human
resources and
therefore, is not subject to this policy. (See applicable policies under the
compliance office).
The dispute resolution process for unclassified non-union staff
may not be utilized for purposes of establishing or changing university policy,
appointment category, pay, benefits, promotions or transfers.
(3) Informal resolution - discussion with
supervisor:
(a) In an effort to encourage
prompt, fair and amicable solution, the employee having the complaint should
meet with his/her immediate supervisor to discuss the problem. If an employee's
complaint involves his/her immediate supervisor, the employee should follow the
chain of command. At any point in this informal resolution process, either the
employee or supervisor may request assistance from human
to achieve
an amicable resolution.
This informal discussion must take place within ten working
days after:
(i) the date on which the
incident occurred, or
(ii) the date
the employee first learned of the circumstances that are the basis of the
complaint.
(b) In the
event either party is not at work throughout the entire ten working day period,
the employee shall contact the immediate supervisor within ten working days
after the absent party returns to work.
(c) In the event the supervisor and the
employee cannot determine a solution or have exhausted all methods within their
control at the discussion level, the employee may choose to contact the
department of human resources and talent development within five working days
after the discussion procedure set forth in paragraph (C)(3)(a) of this
rule.
(4) Formal
resolution - written complaint
(a) All
complaints should be processed on the request for resolution form provided by
human resources
(see:
http://www.utoledo.e
du/depts/hr/laboremployee/docs/Dispute-Resolution-Form.pdf). The form is to be
completed and forwarded to the next level of management above the employee's immediate
supervisor within five working days after the last
attempt between the supervisor and the employee to resolve the issue.
Informational copies of the written complaint shall be sent to the
associate vice president and chief
human resources officer or designee. Response to
the written request for resolution is to be made, in writing, to the employee
within five working days from the date of receipt, with informational copies to
be sent to the vice president for human resources or designee.
(b) Upon receipt, the employee shall review
the decision to determine its acceptability. If it is unacceptable, the
employee may appeal within five working days.
(5) Appeal:
(a) Any appeal by the employee shall first be
made to the divisional vice-president or designee. The divisional vice
president or designee shall meet with the employee and relevant parties to the
dispute and shall have ten working days to render a written decision in the
matter. Upon receipt, the employee shall review the decision to determine its
acceptability. If it is unacceptable, the employee may appeal within five
working days to the associate vice president
and chief human resources officer or designee.
(b) The associate vice president and chief human
resources officer or designee shall confer,
within ten working days, with parties having relevant information to the
dispute. The vice president of human resources or designee shall respond, in
writing within ten working days, to the employee, through the divisional vice
president. The decision of the associate vice
president
and
chief human resources shall be the final resolution to the
dispute.
(c) All formal hearings at
each step of the dispute resolution process will normally be held during the
employee's normal working hours. Active hourly employees, who are required to
meet in formal hearings during their non-working hours, will be compensated and
the time will be considered as worked hours.
(d) The time limits set forth in the policy
may be extended by agreement between the employee and a manager in writing
only.
(e) If the employee fails to
perfect an appeal within the specified procedural time limits, any further
procedural steps or action on the dispute is prohibited and the dispute shall
be considered as withdrawn.