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Any employee alleging a grievance is encouraged to resolve the problem if possible through an informal discussion with their immediate supervisor/manager. If this is not satisfactory, the employee may file a grievance. All parties involved in a grievance process, including the grievant, are required to maintain confidentiality. Any breach of confidentiality will result in disciplinary action, up to and including termination.
Retaliation towards any employee who uses the grievance process will not be tolerated. Any employees found retaliating against a grievant will face disciplinary action, up to and including termination. At any step of the grievance process the employee may elect to bring a representative with him/her. The representative will be allowed to advise the employee, but will not be allowed to participate.
Any employee aggrieved by a decision or condition may file a grievance. The nature of the employee’s complaint dictates which process is followed.
Grievance Process 1: Disciplinary actions taken by a supervisor/manager that result in loss of money, status, or employment, as well as employment law violations.
Grievance Process 2: Concerns about fairness and consistent application of practice/policy violations, perceived favoritism, and other issues within the control of the supervisor/manager.
Grievance Process 3: Ethics, conflict of interest, federal, state, or local law violations, or cases of significant mismanagement on the part of the Executive Director, when
substantial and tangible information exists.
At the end of the grievance process, if the grievant does not feel that their allegation has been addressed, he/she has the right to pursue independent recourse through the judicial system.
Policy Amended- Library Board Approval March 23, 2015
9.1 Grievance Category 1: Disciplinary actions that result in loss of money or status
An employee may file a grievance if disciplinary actions taken by a supervisor/manager result in loss of money or status. Examples include a suspension, demotion, or involuntary transfer that are the result of disciplinary action. Layoff would also be grieved under this category.
An employee may also file a grievance if disciplinary actions taken by a supervisor/manager result in termination, or for allegations of employment law violations that impact the employee’s status, pay, or fair treatment in the workplace as defined by federal Equal Employment Opportunity laws. Examples include termination as a result of disciplinary action or allegations of discrimination against a protected class.
9.1.1 Step 1: Submit Grievance
An employee alleging a grievance will complete the Grievance Category 1 form, located on the staff intranet or obtained through Human Resources, attach all documentation that the employee wishes to be considered, and provide three copies to the EEO Officer in the Human Resources department. The form must be submitted within 10 business days of the layoff, notice of disciplinary action, or date of alleged employment law violation. The EEO officer will sign all three copies and will be responsible for distribution and tracking.
9.1.2 Step 2: Executive Director Response
The Executive Director may review evidence and interview the supervisor/manager, employee, and any other persons deemed appropriate to determine if the imposed disciplinary action will be upheld. Prior to making the determination, the Executive Director will hold a hearing with the employee. The Executive Director must respond to the grievance within 15 business days from the day the employee requested the appeal.
The Executive Director will provide a decision in writing about whether or not the imposed disciplinary action will be upheld. The employee will receive the decision from the Human Resources Department.
The Executive Director’s decision is final.
9.2 Grievance Category 2: Fair treatment and application of policies and practices
An employee may file a grievance if he/she believes that he/she is not being treated fairly by a superior or the application of policies and practices is not consistent and is affecting his/her
employment terms and conditions. Examples include perceived favoritism and other behaviors or decisions made by a superior. If the event resulted in a monetary loss, the employee should use Grievance Category 1.
9.2.1 Step 1: Submit Grievance
An employee grieving under this category will complete the Grievance Category 2 form, located on the staff intranet or through Human Resources, attach all documentation that the employee wishes to be considered, and provide three copies to the EEO Officer. The form must be submitted within 10 business days of the employee becoming aware of the perceived condition.
The EEO Officer will sign all three copies and will be responsible for distribution and tracking.
9.2.2 Step 2: Response
The person responsible for responding to the grievance must do so in writing within 15 business days from the day the grievance was received. The response will be sent to the employee by the Human Resources Department. Once the employee has received the response, he/she has five business days to request that the grievance be appealed to the next appropriate person (manager, respective ELT Member). This step may need to be repeated for appeal at each level of management, with the final appeal being to the respective ELT Member. The ELT Member’s decision is final.
9.2.3 Manager grieving the action of an ELT Member
In the event the employee filing a grievance is supervised by an ELT Member, the employee can request that the grievance be appealed to the Executive Director. He/she must make this request to the Human Resources Manager. The form must be submitted within 10 business days of the employee becoming aware of the perceived condition. The Executive Director may review evidence and interview the supervisor/manager, employee, and any other persons deemed appropriate to determine if the imposed disciplinary action will be upheld. Prior to making the determination, the Executive Director will hold a hearing with the employee. The Executive Director must respond to the grievance within 15 business days from the day the employee requested the appeal. The response will be sent to the employee by the Human Resources Department.
The Executive Director’s decision is final.
9.3 Grievance Category 3: Executive Director violations of law or ethics, and mismanagement
An employee may file a grievance if he/she has significant, tangible information that the Executive Director has violated section 6.2 Professional Ethics and Conflict of Interest, federal, state, or local law, or if it is believed that the Executive Director’s actions, behavior or decisions significantly inhibit the Library from achieving its mission.
9.3.1 Step 1: Submit grievance
An employee filing a grievance will complete the Grievance Category 3 form, located on the staff intranet or through Human Resources, attach all documentation that the employee wishes to be considered, and provide three copies to the Human Resources Manager. The form must be submitted within 10 business days of the employee becoming aware of the violation. If the grievance is based on a pattern of behavior by the Executive Director, the form must be submitted within 10 days of the most recent event.
The Human Resources Manager will sign all three copies and be responsible for distribution and tracking.
9.3.2 Step 2: Board response
On adoption of this employee handbook the full Library Board of Directors delegates authority to the Executive Committee to address these grievances. The Executive Committee of the Library Board of Directors will meet with the Human Resources Manager to review the grievance and supporting documentation. Following the meeting, the Executive Committee will decide the appropriate course of action. The Executive Committee Chair may solicit legal advice. The Board President will advise the Human Resources Manager of the Executive Committee’s decision, and the Human Resources Manager will respond to the employee of that decision in writing within 30 business days.
The Executive Committee’s decision is final.