Alabama A&M
Office of Human
Resources
Staff Grievance Training
Overview
1. Grievance Introduction
2. Employees’ Rights
3. Grievance Process
4. Grievance Hearing
5. Decision/Findings/Recommendations
6. Notes to Remember
2
Part I: Grievance
Introduction
O Purpose
O What is a grievance?
O Other Important Definitions
O Who can file a grievance?
3
Purpose of the Grievance
Procedure
To set forth a procedure for the resolution
of grievances for Staff, Administrative and
Professional employees at Alabama A&M
University.
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What is a Grievance?
A grievance is an allegation by an employee that
there has been a violation, misinterpretation,
misapplication, or unreasonable application of a
University policy, procedure, rule, or regulation
regarding the employee’s employment conditions.
*An employee is not entitled to grieve a no-cause termination.
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Other Important Definitions
1. Employee: Refers to a non-faculty individual (exempt
or non-exempt) who is currently employed by the
University.
2. Grievance: A grievance is an allegation by an
employee that there has been a violation,
misinterpretation, misapplication, or unreasonable
application of a University policy, procedure, rule, or
regulation regarding the employee’s employment
conditions.
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Other Important Definitions
3. Grievance Committee: Refers to a list of an
employee’s peers eligible to serve on a Grievance
Hearing Panel as certified by Human Resources and
presented to the President by the Staff Senate
President.
4. Grievance Hearing Panel: A subset of the
Grievance Committee selected to review and make
recommendations for the resolution of a specific
employee grievance.
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Criteria for Grievance Committee
O Attended grievance training
O Full-time staff
O Employed with the University for at
least 3 years
O Not currently subject to disciplinary
action, no pending grievances and
complaints such as EEOC or pending
litigation against the University.
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Who Can File a Grievance?
O A staff, administrative, or professional employee who is seeking a
resolution of a matter constituting a grievance as defined above,
may seek such a resolution using this policy.
O Employees who feel they are being discriminated against
because of race, color, sex, national origin, religion, age,
veteran’s status, or disability, should immediately take the issue
directly to the Director of Human Resources who serves as the
University’s Affirmative Action-EEO Officer.
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Part II: Employees Rights
O Employees have the right to access the
University Staff Handbook at:
http://www.aamu.edu/administrativeoffices/hrs
ervices/pages/handbooks.aspx
O The University's policy is to ensure equal
employment opportunity consistent with
applicable federal, state and local laws.
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HR’s Role
O Policy interpretation for employees and
supervisors
O Assistance to employees and supervisors
O Maintenance of records and reporting
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Part III: Grievance Process
O Grievance Form
O Policy Considerations
O Grievance Steps
O Important Timelines
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Grievance Form
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Policy Considerations
O While the University recognizes the employee’s right to file a
grievance, the employee must discuss his/her concerns with
the immediate supervisor and/or department head before
filing a grievance.
O If the immediate supervisor is the alleged cause of the
grievance, the grievant will take the concern to the next
level of management.
Experience shows that most concerns can be resolved informally
at the supervisory level without the need for a formal grievance.
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Policy Considerations
O Grievances based upon the for cause termination of an
employee or the significant or continued reduction of pay as
a result of disciplinary action qualify automatically for a
hearing if a timely (within 15 days of the occurrence)
request is made by the grievant.
O The grievance process is not a formal court proceeding, but
is a peer review process for employees to resolve
grievances.
O All proceedings are confidential.
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Grievance Steps
O STEP 1:
 Grievance form is filed by the aggrieved to the Office of
Human Resources
 Once the grievance has been filed, the Human
Resources Office will forward a copy to the Chair of
the Grievance Committee.
O STEP 2:
 The Grievance Committee Chair determines suability of
grievance for hearing
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Grievance Steps
O STEP 3:
 If issue is grieavable, the Human Resources Director
will forward a copy of the complaint to the person(s)
against whom the grievance has been filed
 The respondent replies with a rebuttal to human
resources (within 10 working days)
 Grievance Committee Chair and Human Resources
Director select the Grievance Hearing Panel
 Each of the parties receives:
 All statements
 Hearing date
 Hearing location
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Grievance Steps
O STEP 4:
 The Grievance Hearing Panel conducts an informal
proceeding.
 The Grievance Hearing Panel prepares findings and
statements of recommendations for all parties
 Human Resources Office reports Grievance Hearing
Panel findings and recommendations to the appropriate
Vice President/President
 Vice President/President gives his/her response in
writing to be included in the grievance file, sign and
forward to the Human Resources Director.
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Grievance Steps
 The decision of the Vice President is final,
unless the Vice President was a party to the
original grievance or the direct supervisor of
the employee. In that case, the findings and
recommendations are forwarded to the
President and the decision of the President is
final.
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Important Timelines
O Fifteen (15) calendar days: from date of alleged occurrence
to file a grievance form with the Office of Human Resources
O Five (5) working days: the grievance committee chair has to
make a determination if occurrence is grievable
O Ten (10) working days: the respondent has to provide a
rebuttal statement to the Office of Human Resources
O Fifteen (15) working days: the grievance hearing panel’s
findings and statements of recommendations are issued to
all parties
O Thirty (30) calendar days: for the vice president to note
his/her response
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Part IV: Grievance Hearing
Informal Proceedings
O The Grievance Hearing Panel will conduct an informal
proceeding.
O The Grievance Hearing Panel may admit any evidence
that it considers to be of value in determining the
issues, subject to the Grievance Hearing Panel’s
judgment as to the relevance, credibility and weight of
the evidence.
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Grievance Hearing
con’t
O The Grievance Hearing Panel may:
 Ask the parties to produce evidence of specific
issues,
 Examine witnesses, and
 Call
and
witnesses
examine
its
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own
selection
of
Grievance Hearing
con’t
O During the hearing, each party will have the right to ask
questions of all witnesses appearing at the hearing and
may rebut any evidence heard by the Grievance Hearing
Panel.
O Each member of the Grievance Hearing Panel shall
avoid any discussions of the case with the parties or
their advisors before the hearing.
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Records of the Hearing
O An official record (tape recorded or otherwise) of
the hearing will be made by the Grievance Hearing
Panel.
O A copy may be made available to each party upon
request.
O All documents will be stored in the Office of
Human Resources in a confidential file.
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Part V: Decision, Findings, &
Recommendations
O The Grievance Hearing Panel will base its
findings and
relevant;
recommendations
solely
on
O facts/issues
O Materials or documents
O The Grievance Hearing Panel will render a
consensus opinion.
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Part V: Decision, Findings, &
Recommendations
∂ Within fifteen (15) working days after the hearing, the
Grievance Hearing Panel’s findings and statements of
recommendations shall be prepared in writing and
submitted to

the grievant,

the person(s) against whom the grievance was filed,

the Grievance Committee Chair

and the Human Resources Director.
∂ The human resources director shall submit the Hearing
Panel finding and recommendations to the appropriate Vice
President
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Part VI: Notes to
Remember
O Employee advisor
O Witnesses
O Retaliation
O Withdrawal of a grievance
O Examples of actions which are not
grievable
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Employee Advisor
O Employees have the right to have one (1)
advisor of their choice present at each step of
the grievance procedure.
O Such advisor may observe all proceedings,
but may confer only with the employee.
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Employee Advisor con’t
O The advisor may also be an individual selected from
outside the University.
O In cases where a grievance is filed by a subordinate
against a supervisor, a supervisor may not select an
attorney as an advisor unless the grievant has chosen
an attorney as his or her advisor.
O Attorneys must follow the same guidelines as other
advisors with regard to participation in the grievance
process.
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Witnesses
O Employees shall have the right to submit a list of potential
witnesses to support their allegations.
O The Grievance Hearing Panel may grant adjournments of
reasonable length to enable either party to investigate
evidence if the Grievance Hearing Panel believes a valid
claim of surprise is made concerning that evidence.
O Grievance Hearings shall be closed.
O No witness (except the parties themselves) will be allowed
to hear the testimony of any other witness.
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Retaliation
O No employee or faculty member is to take reprisal action
against an employee who uses the grievance procedure,
serves as an advisor, or participates in any way (e.g. witness)
in the grievance process.
O Any employee or faculty member violating this prohibition
against retaliation may be subject to disciplinary action, up to
and including, termination.
O Additionally, no employee or faculty member is to use an
official position to attempt to improperly influence the
grievance process.
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Withdrawal of a Grievance
O In certain instances, a grievance may be
dismissed such as:
 Withdrawal by the grievant,
 Determination by the hearing panel, or
 Voluntary resignation of the grievant.
O All parties to a dismissal will be notified in
writing by the Grievance Committee Chair.
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Examples of Actions
Which Are Not Grievable
O
Salaries
O
Voluntary resignations or retirement
O
Hiring salaries
O
O
General salary adjustments
Position elimination due to
restructuring and/or layoffs
O
Promotional salary adjustments
O
O
Other salary adjustments
Position
classification/reclassification
decisions
O
Performance reviews
O
Hiring and promotion decisions
O
Verbal counseling
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Examples of Actions
Which Are Not Grievable
O
Actions that fall within the purview O Any action that cannot be
of the AA/EEO Office
substantiated with facts (i.e.,
employee cannot bring forth a
O No cause terminations
grievance based on assumptions,
rumors, innuendo or gossip)
O Termination from employment
based on felony conviction or
unavailable for work due to
incarceration
O
O
Termination from employment while
in a temporary employment status
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Matters that are already under
review or for which a decision has
been rendered under another
process
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