For information, contact Institutional
Effectiveness: (915) 831-2614
APPROVED : September 27, 1994
Year of last review: 2013
REVISED : February 20, 2006
AUTHORIZING BOARD POLICY : 3.43.02
Designated Contact: Associate Vice President of Employee Relations
OBJECTIVE: To facilitate the existing right of College employees to present grievances or complaints concerning their wages, hours of work, or conditions of work.
PROCEDURE:
A.
B.
While the College endeavors to maintain pleasant working conditions which lead to cooperative, effective working relationships for all employees, it is recognized that misunderstandings and disagreements may arise regarding an employee’s terms or conditions of employment. Employees are encouraged to informally discuss problems, concerns or complaints with their immediate supervisor in an attempt to resolve such issues. For concerns, grievances and/or complaints not resolved through informal discussions, however, this formal grievance procedure has been established to resolve such issues.
The scope of this procedure includes complaints regarding, but not limited to, the following types of concerns:
1.
2.
3.
4.
Wages, hours, or conditions of work;
Alleged violations of Board Policy or College procedure;
Alleged arbitrary, malicious, or capricious treatment; or
Alleged intimidation or harassment, not based on discrimination.
Excluded from coverage by this procedure are complaints/grievances regarding any form of discrimination, including alleged sexual harassment, alleged violations of Section 504 of the Rehabilitation Act or the
Americans with Disabilities Act, and the Equal Pay Act. College Procedure 3.43.01.10, Discrimination
Grievances , is the relevant procedure for addressing any form of discrimination complaints/grievances.
Excluded also are concerns regarding non-reemployment, which are governed by Board Policy 3.43.03,
Processing Other Types of Complaints . These complaints may be lodged directly before the Board of
Trustees, through a personal appearance or through a representative. Arrangements for such an appearance are made through the office of the President of the College.
C.
Definitions to be used in this procedure:
1.
Complaint
A concern regarding an issue within the scope of this procedure which is informally brought to the attention of the immediate supervisor by an employee for resolution. The complaint is used to promote understanding, achieve improvement, and maintain fair and effective employee relations.
2.
Grievance
An unresolved complaint which is formally carried forth by the employee in the manner specified by this procedure.
3.
Grievance Procedure
A formal and orderly method of handling and monitoring unresolved complaints or problems occurring between employees and supervisors.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
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D.
E.
F.
G.
H .
4.
Resolution
The final decision made regarding the concern, complaint, or grievance.
5. Mediation a. What is Mediation?
Mediation is a method of non-binding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution. Thus, mediation is a process of assisted negotiation between the employee and the supervisor in which the mediator, a neutral third party, assists the parties in resolving their own dispute.
The mediation process is designed to allow the parties to control the outcome of the employee’s grievance. It gives the parties an excellent opportunity to resolve their dispute early in the process before the possibility of prolonged or lengthy grievance review and appeals. b.
The mediator’s goals are to:
1.
2.
3.
4.
Help the parties define the differences between them;
Find ways to help the parties communicate with each other;
Help the parties explore options available to resolve their differences; and
Assist the parties in reaching an agreement to resolve their dispute.
It is not the mediator’s role to weigh the evidence, interview witnesses or determine an outcome of the disputed grievance issue(s). The mediator will not be involved in either the review of the grievance or any other processing of the grievance being mediated. c.
Who will mediate?
A mediator will be selected from a list of trained internal mediators to mediate the grievance issues brought by the employee. Both the employee and the supervisor must agree on the selection of a mediator from the list of available trained internal mediators.
The Employee Relations Department will advise employees and supervisors in using the grievance procedure by clarifying pertinent policies and procedures, providing objectivity to the process, assisting in preventing delays in the process, receiving the Grievance Processing Form and monitoring the time lines, facilitating the mediation process, if requested, and facilitating the resolution of conflicts between employees and supervisors, if possible. The Employee Relations Department will have the responsibility to follow up at the conclusion of the grievance process to assure that the resolution has been completed or accomplished at whatever stage the grievance is resolved, including the determination by the Appeals Panel.
Any written grievance will contain a detailed statement of the complaint, including a statement of the issues, the parties involved, and the specific remedy which the employee is seeking.
After a grievance has been submitted, no additional complaint issue(s) may be added to the original grievance . Any additional complaint issues must be addressed in another, separate grievance.
The employee has the right to have a representative who does not claim the right to strike present at any stage of the proceedings. Either party has the right to present witnesses necessary for the processing of the grievance.
Either party may request the use of mediation by a trained mediator during any point(s) in the grievance process. It is preferable to incorporate mediation at the lowest level of the grievance procedure, in an effort to resolve the disputed issues early and in an expeditious manner. If the parties reach an agreement to settle the grievance issue(s), the mediator will assist the parties in writing their agreement outlining the resolution.
Once a resolution has been reached, both parties are bound to honor the agreement. The Employee Relations
Department is responsible for facilitating all aspects of the mediation process, including a follow-up to assure that the resolution has been addressed and/or completed. The definition of mediation for this grievance procedure is included as Section I.C.5.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
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II.
I.
J.
K.
L.
Failure by the employee to appeal a decision within the specified time lines will constitute a resolution or the withdrawal of the grievance. Failure by the supervisor to respond within the specified time lines will result in the complaint advancing to the next administrative supervisory level. It is the responsibility of both the employee and the supervisor to monitor the processing of the grievance through this procedure. The
Employee Relations Department will also monitor the processing of the grievance through this procedure .
Time limits may be extended by mutual written agreement of both parties; if agreement is not reached for a reasonable extension, the matter will be referred to the Employee Relations Department for resolution.
Reason will prevail with regard to timelines.
No discriminatory or retaliatory action will be taken by any employee of the District, including College officials , against any employee by reason of participation in the complaint process, as the grievant, a witness, or any other participant in the grievance review process. If an employee feels that he/she has been retaliated against, the employee should immediately contact his/her supervisor(s) or the Employee Relations
Department. Appropriate immediate action will be taken to prevent any retaliation.
All discussions with respect to the complaint will be kept confidential by all parties during the procedural levels of the complaint, provided that either the employee or supervisor(s) may release , and/or discuss pertinent information with any employee related to the complaint.
The grievant may have the right to take legal action through agencies or parties outside the College. If the grievant elects to file a grievance regarding the same issue(s) in another forum prior to the resolution of the initial grievance, the College will have no further obligation to continue its review under this procedure. The
College, however, may continue to investigate the grievance issues as it would in any situation involving threatened or pending litigation.
Procedural Steps of the Grievance Process
A. Informal Resolution of a Complaint Issue(s)
B. a.
The employee is encouraged to discuss the complaint issue(s) with his/her immediate supervisor within two (2) weeks of the incident giving rise to the complaint. The supervisor should gather and analyze the facts, and make a decision. The supervisor will then notify the employee verbally or in writing of his/her decision within five (5) working days of the initial discussion. An employee may also request a written response if a written response is not provided. b.
The employee and/or the supervisor may request mediation by a trained mediator at any time in an effort to resolve the disputed complaint issue(s) at the lowest level of the grievance procedure possible. The Employee Relations Department is responsible for facilitating the mediation process.
Formal Initiation of the Grievance Process
NOTE: If the complaint focuses on the actions of the immediate supervisor, the employee may, instead, initiate the process with his/her second-line supervisor (Level Two). a. An employee who has a complaint issue(s) and is unable to resolve it informally may initiate the formal grievance process. The employee will develop a written statement using the Grievance Processing Form (ER-02) containing the grievance issue(s), the circumstances upon which it is based, the College policy or procedure allegedly violated, and the remedy being sought. The Grievance Processing Form is to be used for the formal initiation of this process and to document all of the subsequent steps in the resolution of the grievance .
b.
The Grievance Processing Form is submitted to the Employee Relations Department to begin the grievance process. The Employee Relations Department will maintain a record of the grievance and forward the Grievance Processing Form to the employee’s immediate supervisor. c. A must be held within five (5) working days of the receipt of the written grievance by the immediate supervisor with the aggrieved employee to clarify the issue(s) of the grievance.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
Page 3 of 8

d e
.
.
After an investigative review of the grievance issues has been conducted, a proposed resolution is written on the Grievance Processing Form by the supervisor and forwarded to the Employee Relations Department within five (5) working days following the meeting.
The Employee Relations Department will forward the supervisor’s response to the employee within three (3) working days of receipt and will forward a copy to the employee’s next line supervisor.
2. Level Second-Line Supervisor’s Review (Staff employees : Repeat as necessary to continue through all supervisory levels except for the Senior Administrative official for the area, which is
Level Three). a.
If the employee is dissatisfied with the supervisor’s proposed resolution or if the proposed resolution by the supervisor is not received within ten (10) working days of the date the employee met with his/her supervisor, the employee may submit a written request for a review of the proposed resolution to the grievance within five (5) working days to the
Employee Relations Department to be forwarded to the employee’s next level supervisor
(second-line or higher) as identified on the grievance form. b.
This next level supervisor will review the grievance and will meet with the employee within five (5) working days of receipt of the grievance form to discuss the grievance issue(s). c.
After the investigative review of the grievance issues and a determination of the response, the supervisor will document his/her response to the grievance on the Grievance Processing
Form and will forward the form to the Employee Relations Department within five (5) working days from the date of the meeting with the employee. d.
The Employee Relations Department will provide the employee with a copy of the response within three (3) working days and will also send a copy of the completed
Grievance Processing Form to the next level supervisor.
3. Level Three: Senior Administrative Supervisory Official’s Review (Appropriate Vice President) a.
If the employee is still dissatisfied with the response to his/her grievance, the employee may submit a written request for a review by his/her Senior Administrative Supervisor (i.e. the appropriate Vice President) to the Employee Relations Department within five (5) working days of receiving the second-line supervisor’s response. The Employee Relations
Department will forward the complaint to the Senior Administrative Supervisor. b.
The Senior Administrative Supervisor will schedule a meeting with the employee within five (5) working days to discuss the grievance. The Senior Administrative Supervisor will then review and investigate the grievance and determine a response to the grievance issue(s). c.
The Senior Administrative Supervisor will provide a written response to the grievance on the Grievance Processing Form and forward the response to the Employee Relations
Department within five (5) working days of the meeting with the employee. d.
The Employee Relations Department will notify the employee and all other supervisors in the administrative chain of the Senior Administrative Supervisor’s decision within three (3) working days.
4. Level Four: Appeal to Grievance Appeal Committee (GAC)
NOTE: There are two (2) Grievance Appeal Committees which will function in the same manner as outlined in this procedure:
* There is a Staff Grievance Appeal Committee (SGAC) to review the grievance appeals of Staff employees. The composition of the Staff Grievance Appeal Committee is outlined in Section
IV.B.1.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
Page 4 of 8

* There is also a Faculty Grievance Appeal Committee (FGAC) to review the grievance appeals of
Faculty employees. The composition of the Faculty Grievance Appeal Committee is outlined in
Section IV.B.2. a.
If the employee is still dissatisfied with the Senior Administrative Supervisor’s decision, he/she can appeal this decision to the appropriate Grievance Appeal Committee (GAC).
The employee will notify the Employee Relations Department within five (5) working days of receiving the decision from the Senior Administrative Supervisor. b.
c.
Within five (5) working days of the above notice, the Employee Relations Department will notify the Facilitator of the GAC that a grievance appeal has been filed for its consideration. The Facilitator (Committee’s Chair) and an Employee Relations
Department representative will determine a proposed Appeal Panel to hear and evaluate the grievance appeal, to assure that no conflict of interest exists for any of the proposed Appeal
Panel members.
The Employee Relations Department will notify the employee and the supervisory chain involved with the grievance of the proposed Appeal Panel. Each party will be given the opportunity to review the proposed Appeal Panel and to object to the individuals proposed, with a written rationale for the objection. The purpose of this step is to ensure that all parties are in agreement that the Appeal Panel members will provide a fair and impartial review of the grievance issues. Once the Appeal Panel is selected, the Facilitator will appoint the Convener (Coordinator) of the Appeal Panel. d.
A meeting of the selected Appeal Panel will be scheduled to hear, review, and evaluate the employee’s grievance appeal. The meeting will normally be scheduled within ten (10) working days of the selection of the Appeal Panel. The meeting will be conducted in a manner determined by the Appeal Convener and the other Appeal Panel members, with the following elements included: e.
f.
1)
2)
3)
The grievant may have a representative present (reference I.G. of this procedure) during his/her presentation;
The grievant, the supervisors, and any other witnesses are interviewed by the
Appeal Panel separately;
The Appeal Panel determines who will be interviewed, although both the grievant and the supervisors may suggest individuals for the Appeal Panel to interview; and
4) While there may be more than one meeting to conduct all appropriate interviews and to deliberate on the decision, the meetings should be scheduled in a timely manner.
Within three (3) working days after the interviews have been conducted and the deliberations have concluded, the Panel will issue a written report and forward the report to the Employee Relations Department, which will then inform the employee and the employee’s supervisors of the decision of the Appeal Panel.
The decision options of the Appeal Panel include the following determinations:
1) Merit : the appeal has merit and/or validity, requiring administrative review and an alternative resolution other than that previously presented/proposed; suggested, non-binding alternative resolutions may be provided for administrative consideration;
2) Some Merit : a specified portion of the grievance has merit and/or validity, requiring administrative review and an alternative resolution to the meritorious portion previously presented/proposed; suggested, non-binding alternative resolutions may be provided for administrative consideration; or
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
Page 5 of 8

3) No Merit : the grievance appeal has no validity and the Senior Administrative
Supervisor’s decision is sustained (upheld). g. The determination of the Appeal Panel is final. h. The Employee Relations Department is responsible for following up at the conclusion of the grievance process to assure that the determination and/or resolution has been completed or accomplished.
III. Level Five (Procedural Appeal to President)
A.
Within five (5) working days of the notification of the decision of the Appeal Panel, the grievant may appeal the grievance action only on the basis that the grievance procedures described herein were not properly observed or followed. c.
The appeal must be filed in writing with the Associate Vice President, Employee Relations, who will forward the appeal to the President.
C. The President will consider the procedural issues outlined by the grievant in the appeal and will render a decision on the appeal within ten (10) working days of receipt of the appeal. The Associate Vice President,
Employee Relations, will inform the parties of the President’s decision in writing.
IV. Grievance Appeal Committee (GAC)
NOTE: There are two (2) Grievance Appeal Committees, which will function in the same manner as outlined in this procedure:
* There is a Staff Grievance Appeal Committee (SGAC) to review the grievance appeals of Staff employees.
* There is also a Faculty Grievance Appeal Committee (FGAC) to review the grievance appeals of Faculty employees.
A. Charge
The GAC members selected for each appeal are charged by the President to hear and evaluate the merits of an appeal of the Senior Administrative Supervisor’s decision regarding the employee’s grievance, which has not been resolved through the formal grievance process to the employee’s satisfaction.
B. Composition of Grievance Appeal Committees
The SGAC is appointed by the President at the beginning of each fiscal year. The SGAC will consist of fifteen members , five (5) members from each constituency group (Classified Staff,
Professional Support and Administrative Staff). At least half of the constituency group representatives will be chosen from among the names submitted to the President by each of the employee constituency groups (Classified Staff Association and Professional Support Association) and the Administrative Team (for Administrative representation). Panel members will have overlapping two-year terms.
3.
The FGAC is appointed by the President at the beginning of each fiscal year. The FGAC will consist of faculty and administrative employees: fourteen faculty members, at least half of whom will be selected from the names submitted to the President by the Faculty Association; and six (6) administrative members, at least half of whom will be selected from the names submitted to the
President by the Cabinet. Panel members will have overlapping two-year terms.
After appointment, each GAC will choose its own Facilitator, who will serve as the GAC’s chair.
The Facilitator may be one of the three (3) members designated to review a grievance appeal.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
Page 6 of 8

C.
4.
5.
The full membership of the GAC will not hear and evaluate an appeal. Three (3) representatives of the total GAC membership will be selected for each appeal, as the Appeal Panel. The selection of each Appeal Panel will be made by the Facilitator, in coordination with an Employee Relations
Department representative, to assure no conflicts of interest exist for any of the selected Appeal
Panel members. The Facilitator will name an Appeal Convener for the instant (i.e. this specific)
Appeal Panel, who will coordinate the actual appeal meeting(s).
Individuals who serve as trained mediators for this process may not concurrently serve as GAC members.
Orientation and Training
Appropriate orientation and training will be provided to the GAC members. Such training will be provided before the members begin their responsibilities. Training will be coordinated by the Employee Relations
Department.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
Page 7 of 8

EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
Page 8 of 8

Grievance # _________________________
LEVEL ONE
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
Date received: Employee Relations Representative:
Grievance fits within the scope of this procedure
Yes No
Comments:
Forward this completed form to the Employee Relations Department
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.

TO IMMEDIATE SUPERVISOR:______________________________________________________
Date received by Immediate Supervisor:_________________________________________________
NOTE: Your response must be received by the Employee Relations Department within 10 working days of your receipt of this Grievance Processing Form.
Immediate Supervisor’s response :
_______I would like to request mediation.
Forward this completed form to the Employee Relations Department, Room A262, Administrative Services
Center
Date Received by Employee Relations from Immediate Supervisor:_______________________
________Copy to Second/Next-Line Supervisor Date Sent:_____________
ER-02
Wages, Hours, Or Working Conditions Grievance Processing Form Page 2

TO EMPLOYEE: If you do not agree with your supervisor’s response to your grievance, you may submit a written request for review (Level Two).
LEVEL TWO: Second/Next-Line Supervisor’s Review
NOTE: Repeat as necessary to continue through all supervisory levels, if necessary, except for the Senior
Administrative official.
Your request for review must be received by the Employee Relations Department within 5 working days of your receipt of this Grievance Processing Form.
I do not agree with my Supervisor for the following reason(s):
_______I would like to request mediation.
____________________________________________________
Signature of Grievant
________________________________
Date
Forward this completed form to the Employee Relations Department, Room A262, Administrative Services
Center
Date Received by Employee Relations:____________________
ER-02
Wages, Hours, Or Working Conditions Grievance Processing Form Page 3

TO SECOND/NEXT-LINE SUPERVISOR:______________________________________________
Date received by Second/Next-Line Supervisor:___________________________________________
NOTE: Your response must be received by the Employee Relations Department within 10 working days of your receipt of this Grievance Processing Form.
Second/Next-Line Supervisor’s Response:
_______I would like to request mediation.
____________________________________________________
Signature of Second/Next-Line Supervisor
________________________________
Date
Forward this completed form to the Employee Relations Department, Room A262, Administrative Services
Center
Date Received by Employee Relations from Next-Line Supervisor:______________________
________Copy to Immediate Supervisor
________Copy to Second/Next-Line Supervisor
Date Sent:_____________
Date Sent:_____________
TO EMPLOYEE: If you do not agree with your supervisor’s response to your grievance, you may submit a written request for review (Level Three).
ER-02
Wages, Hours, Or Working Conditions Grievance Processing Form Page 4

LEVEL THREE: Senior Administrative Supervisory Official’s Review (Appropriate Vice President)
Your request for review must be received by the Employee Relations Department within 5 working days of your receipt of this Grievance Processing Form.
I do not agree with my Second/Next-Line Supervisor for the following reason(s):
_______I would like to request mediation.
____________________________________________________
Signature of Grievant
________________________________
Date
Forward this completed form to the Employee Relations Department, Room A262, Administrative Services
Center
Date Received by Employee Relations:____________________
ER-02
Wages, Hours, Or Working Conditions Grievance Processing Form Page 5

TO SENIOR ADMINISTRATIVE SUPERVISOR:_______________________________________
Date received by Senior Administrative Supervisor:_______________________________________
NOTE: Your response must be received by the Employee Relations Department within 10 working days of your receipt of this Grievance Processing Form.
Senior Administrative Supervisor’s Response:
_______I would like to request mediation.
____________________________________________________
Signature of Senior Administrative Supervisor
________________________________
Date
Forward this completed form to the Employee Relations Department, Room A262, Administrative Services
Center
Date Received by Employee Relations from Senior Administrative Supervisor:____________________
________Copy to Second/Next-Line Supervisor(s) Date Sent:_____________
ER-02
Wages, Hours, Or Working Conditions Grievance Processing Form Page 6

LEVEL FOUR
REQUEST FOR APPEAL TO THE GRIEVANCE APPEAL COMMITTEE
TO EMPLOYEE RELATIONS : I wish to appeal to the _______Staff _______Faculty Grievance Appeal
Committee (Level Four).
NOTE: Your response must be received by the Employee Relations Department within 5 working days of your receipt of this Grievance Appeal Processing Form.
I do not agree with my Senior Administrative Supervisor’s decision for the following reason(s):
____________________________________________________
Signature of Grievant
________________________________
Date
Forward this completed form to the Employee Relations Department, Room A262, Administrative Services
Center
Date Received by Employee Relations___________________
________Copy to Second/Next-Line Supervisor(s)
________Copy to Senior Administrative Supervisor
Date Sent:_____________
Date Sent:_____________
ER-02
Wages, Hours, Or Working Conditions Grievance Processing Form Page 7