Date Adopted:  09/15/97

Last Revision:   4/1/16

References:      HRS Procedures

This grievance procedure provides an exclusive University remedy for hearing grievances from MUS (Montana University System) contract administrators and professionals who do not report directly to the President, as well as Law School faculty.  The procedure also applies to contract administrators and professionals employed on Letter of Appointment.  Individuals who report directly to the President may use the Board of Regents grievance procedure.  No contract administrator, letter of appointment, professional, or law faculty members shall be subjected to demotion, termination, or any other form of retaliation as a result of initiating a grievance under this procedure.

The University Discrimination Grievance Committee has jurisdiction over complaints of discrimination.  All other grievances are to be channeled through the procedure described below.   This grievance procedure does not apply to grievances based solely or primarily on alleged violation of University anti-discrimination policies.

DEFINITIONS

For purposes of this policy:

A grievance is defined as a complaint or dispute initiated by an employee concerning terms and conditions of employment at the University of Montana. The grievance procedure does not apply to include an appeal of a decision of the Law School’s Merit Pay Review Committee.  Such an appeal goes directly to the Provost in accordance with the Law School’s Merit Pay Procedures.

Days shall refer to working days.  A working day is defined as all weekdays which are not designated as holidays.  In computing any period of time prescribed herein, the date of the act, event, or default for which the designated period of time begins to run shall not be included.  Time limits specified herein may be extended by mutual agreement of the parties involved at that step of the procedure.

Respondent refers to the representative of the University authorized to respond to the grievance on behalf of the employer.

GRIEVANCE COMMITTEES

1. Compensation of the Committee

• Number of members. The committee shall have six (6) members including the chair.
• Representative membership. Of the six members, one (1) will be a student, two (2) will be members who are professionals or administrators on MUS contracts, one (1) will be a staff member, and one (1) will be a tenured full professor.  The Chair will be a University Vice President with no supervisory responsibilities over the grieving employee.  No members shall be from the grievant’s employing unit, department, or office.  ASUM, Staff Senate, and the Executive Committee of the Faculty Senate (ECOS) will nominate at least two (2) persons for the appropriate position.  Notwithstanding committee membership composition as set forth here, the President may appoint the same number of student, classified staff, faculty and MUS representatives from another University System campus.
• The President will make appointments from these nominations.  In the event an appointed committee member is unavailable, an alternate will be selected by the President from the nominees.

2. Selection of Members

• Members shall be appointed by the President as each grievance is appealed.

3. Quorum

• The presence of any four of the six members of the Grievance Committee will constitute a quorum.  Each Committee member, including the Chair, shall have one vote.
  
  

GRIEVANCE PROCEDURE FOR COMPLAINTS

1. Informal Procedure

•  A complaint may be presented to the grievant’s Vice President within twenty (20) working days of the incident resulting in the complaint.  If the Vice President and grievant are unable to resolve the grievance to the latter’s satisfaction within ten (10) working days after presentation of the grievance, the aggrieved party may proceed to the Formal Procedure.

2. Formal Procedure

Appeal from the informal procedure:

• Grievant Statement. The grievant will have ten (10) working days after conclusion of Step 1A Informal Procedure in which to submit a summary of the grievant’s position to the Committee and the respondent.  The summary will include:
  • A statement of the relevant facts;
  • Copies of documents to be submitted as evidence;
  • The remedy sought by grievant; and
  • The names, addresses, and telephone numbers of persons grievant will call as witnesses at the hearing.

The grievant should specifically request in writing either an open or closed hearing and the reasons for that choice.  The Committee will give preference to that request if legally permissible.  The Associate Vice President of Human Resource Services will serve in an advisory capacity to the Committee.  If the grievant will be represented by professional or other counsel, the name, address, and telephone number of that person should also be stated in writing at the time of this appeal

• Respondent's Statement. After receipt of grievant’s summary, respondent will have ten (10) working days in which to submit a summary of the respondent’s position to the Committee and grievant.  The summary will include:
  • A statement of relevant facts;
  • Copies of documents to be submitted as evidence;
  • A response to grievant’s position; and
  • The names, addresses, and telephone numbers of persons respondent will call as witnesses at the hearing
• Legal Counsel Representation. Either party may be represented by counsel.  However, if either party elects to have counsel, the opposing party will be so notified in writing.
• Hearing Preparation. Preparation of the grievant’s summary and preparation for a hearing before the Grievance Committee is to be done during non-working hours.  The supervisor may allow a reasonable amount of time to the grievant during working hours to gather information needed for the case.
• The Hearing. The Grievance Committee will review the grievance.  Within fifteen (15) working days from receipt of respondent’s position summary, the Grievance Committee will review the written documents provided by both parties and conduct a hearing.
  • The chair will conduct the hearing but will not apply strict rules of evidence or conduct an adversary proceeding.  The grievant will present the grievant’s position first, to be followed by presentation of respondent’s position.  Questions from a committee member which do not unduly impede the continuity of the party’s presentation may be entertained at any time during the hearing.  However, the Chair will be the final arbiter of all procedural matters.
• The Role of the Committee. The committee will serve in a fact-finding role.  Testimony may be requested from persons with knowledge of facts relevant to the grievance.  The role of the committee is to determine whether there was compliance with all relevant laws, rules, regulations, and policies by the employer and employee alike.
• The Recommendation. The Grievance Committee will meet in closed Executive Session to make its determination.  Only the members of the Committee may attend this meeting.  Any recommendation reached by the Committee must be approved by a majority of the members present and voting.

The recommendation of the Committee will be presented to the President in writing within five (5) working days after the hearing.   The recommendation will contain the following:

• A summary statement of the grievant’s charges;
• A statement of the relief sought;
• A statement of the specific findings of fact and determination whether there was compliance with all relevant laws, rules, regulations, and policies;
• All materials submitted during the course of the hearing; and,
• Recommendations regarding redress of the grievance.
• The President, or designee of the President, will respond in writing to the Committee’s recommendation within five (5) working days of receipt of the recommendation. The response will include any actions which have been or may be taken to resolve the grievance.

Appeal to the Commissioner of Higher Education

within thirty (30) days of receipt of notice thereof, the President’s decision may be appealed to the Commissioner of Higher Education in writing as provided in Board of Regents Policy 203.5.2.