Disputes or complaints by permanent employees regarding the
interpretation or application of institutional rules governing terms of
employment or working conditions (other than general wage levels) or the
provisions of these merit system rules (other than disputes whose resolution is
provided for in 681-3.127 (8A) and
681-3.128 (8A)) will be resolved
in accordance with the following procedure, except at institutions where a
varied procedure has been approved by the merit system director in accordance
with 3.129(1). Employees in an initial probationary period will be allowed
access to the grievance procedure as outlined below, with the exception of
dismissal during probation which cannot be appealed. The institutional
representative may permit an oral presentation at any step if the institutional
representative deems one necessary. At each step of the grievance procedure,
the employee may be represented by one or two coworkers of the employee's
choosing. The name of such representatives will be noted on the written
grievance and on each subsequent appeal. Presentations, reviews,
investigations, and hearings held under this procedure may be conducted during
working hours, and employees who participate in such meetings will not suffer
loss of pay as a result thereof.
If an employee does not appeal a decision rendered at any step
of this procedure within the time prescribed by these rules, the decision will
become final. If an institutional representative does not reply to an
employee's grievance or appeal within the prescribed time, the employee may
proceed to the next step. With the consent of both parties, any of the time
limits prescribed in these rules may be extended.
Step 1. A dissatisfied employee will first
discuss the employee's problem with the employee's immediate supervisor It is
presumed that the majority of disputes, complaints, or misunderstandings will
be resolved at this point. If the employee is still dissatisfied after such
discussion, the employee may within 14 days after the occurrence of the matter
leading to the grievance or within 14 days after such time that the employee
has, or could reasonably be expected to have, knowledge of such occurrence,
file a written grievance with the employee's department head or designee. A
written grievance will contain a brief description of the complaint or dispute
and the pertinent circumstances and dates of occurrence. It will specify the
institutional or merit system rule which has allegedly been violated and will
state the corrective action desired by the employee. The grievance will be
signed and dated by the employee. The department head or designee will
investigate the grievance and will, if deemed necessary, give the employee or a
coworker of the employee's choosing the right to present the employee's case
orally. The department head or designee will notify the employee of the
decision in writing within 14 days after receiving the grievance.
Step 2. If the employee is not satisfied with
the decision of the department head or designee, the employee may within seven
days after receiving that decision, appeal it to the dean of the college or the
head of the major operating division or designee(s) in which the employee is
employed. The dean or the division head and the resident director or
designee(s) will jointly represent the institution at this step of the appeal
procedure. The appeal will be in writing and will include all of the
information included in the initial grievance and subsequent appeals, all the
decisions related thereto, and any other pertinent information the employee may
wish to submit. The appeal will be signed and dated by the employee.
The dean of the college or head of the division and the
resident director or designee(s) will investigate the grievance and will, if
deemed necessary, give the employee or a coworker of the employee's choosing
the right to present the employee's case orally. The institutional
representatives may affirm, reverse, or modify the decision of the department
head and will notify the employee of their decision in writing within 14 days
after receiving the appeal.
Step 3. If the employee is not satisfied with
the decision rendered at Step 2 of the grievance procedure, the employee may
within seven days after receiving that decision appeal it to the chief
administrator of the institution. The appeal will be in writing and will
include all of the information included in the initial grievance and subsequent
appeals, all decisions related thereto, and any other pertinent information the
employee may wish to submit. The appeal will be signed and dated by the
employee.
The chief administrator or the chief administrator's designee
will investigate the grievance and will, if deemed necessary, give the employee
or a coworker of the employee's choosing the right to present the employee's
case orally. The chief administrator may affirm, reverse, or modify the
decision rendered at Step 2 and will notify the employee of the administrator's
decision in writing within 14 days after receiving the appeal.
Step 4. Employees not satisfied with the
decision rendered under Step 3 may within seven days after receiving that
decision request a hearing before an arbitrator Such a request will be in
writing, will include all of the information included in the initial grievance
and subsequent appeals, all of the decisions related thereto, and any other
pertinent information the employee may wish to submit.
The appeal will be signed and dated by the employee and will be
directed to the merit system director who will arrange for a hearing before an
arbitrator as prescribed under 3.129(2). The arbitrator will be expected to
render a decision within 30 calendar days following the conclusion of the
hearing.
The merit system director shall have the right to rule whether
a case is grievable and arbitrable under the merit system. The merit system
director shall have the right to refuse to refer to arbitration any grievance
not found to be in full compliance with these rules involving the grievance
procedure. The board of regents shall retain jurisdiction to review decisions
of the merit director as to whether a matter is grievable or arbitrable upon
appeal by an employee.
(1)
Institutional grievance procedure. An institution may develop
a
grievance procedure for all or a segment of its employees that varies from
the procedure prescribed in
681-3.129 (8A), provided that such a procedure
begins with discussion between the employee and the employee's immediate
supervisor and provides for a final hearing in accordance with Step 4 of the
grievance procedure prescribed herein. Such an institutional procedure will
incorporate all the rights provided employees in this chapter, will be made
known to the employees to whom it applies, and must be approved by the merit
system director In the absence of an approved institutional procedure,
681-3.129 (8A) will apply.
(2)
Appeals. The
board of regents will approve the use of a single
arbitrator in hearing an appeal. The selection of the arbitrator shall be made
from a panel of arbitrators as referred from the Federal Mediation and
Conciliation Service or the Iowa public employment relations
board with a
preference for those lowans so certified.
The arbitrator will hear a dispute appealed to the last step of
the grievance procedure and render a decision thereon subject only to review by
the courts.
The arbitrator will establish procedures for the conduct of the
hearing in a fair and informal manner that will afford each party reasonable
and ample opportunity for case presentation and to rebut the presentation of
the other The arbitrator will be expected to render a decision to the involved
parties and to the board of regents within the prescribed
time.
