POLICY NO.: 620
EFFECTIVE DATE: 05/09/2006
STAFF GRIEVANCE PROCEDURE
620.1 INTRODUCTION
Regular and effective communication between supervisors and staff
members reduces the likelihood of misunderstanding and conflict. The
University expects and encourages supervisors and staff members to
communicate openly and regularly so that the interests of the staff and
the University are best served. To support this commitment, the University
has a Workplace Issue Resolution Program
(WIRP) and this Grievance
Procedure. Resource Offices at the University such as the Division of
Human Resources/Staff and Labor Relations, Office of the Ombudsman,
Affirmative Action and Equal Opportunity Programs, the African American
Resource Center, the Lesbian Gay Bisexual Transgender Center, and the Penn
Women's Center will assist staff members in resolving issues or concerns
using the WIRP or Grievance Procedure. Staff members who have concerns
about the administration of University or departmental policy, are
encouraged to try to resolve them by working with their department head or
one of the Resource Offices.
The Staff Grievance Procedure is designed to provide a fair and
equitable resolution for concerns related to terms or conditions of
employment that are not resolved to the staff member's satisfaction
through the WIRP or where the dispute may not be addressed through the
WIRP. Retaliation against a staff member for utilizing this Grievance
Procedure violates University policy and will result in appropriate
disciplinary action, up to and including termination. Any staff member who
believes that s/he has been retaliated against or treated unfairly for
utilizing the Grievance Procedure should contact the Division of Human
Resources/Staff and Labor Relations or another University Resource Office.
620.2 DEFINITION
A grievance is defined as an unresolved issue concerning the
application of University policy, practice, or procedure. This includes
disciplinary action, involuntary termination, allegations of
discrimination on the basis of race, sex, sexual orientation, gender
identity, religion, color, national or ethnic origin, age, disability, or
veteran status.
Complaints regarding performance appraisals, flexible work options
decisions, reductions in the size of the workforce, restructuring, change
in reporting line and/or the designation
of individuals for redeployment or separation from a unit are not matters
subject to a grievance under this policy.
Complaints regarding compensation and classification are only grievable
if a violation of federal, state or local equal opportunity or labor laws
is alleged. Other complaints of this nature are handled administratively.
Questions regarding the administrative review process should be directed
to the Division of Human Resources/Compensation.
620.3 ELIGIBILITY
All regular University staff members (including regular limited service
staff members) who have completed their
introductory period are eligible to utilize this process to resolve issues
arising from their employment. Faculty, ungraded administrators,
university officers, health system clinicians,
non-university employees employed by the University of Pennsylvania Health
System and unionized employees have separate procedures and are not
eligible to file grievances under this procedure. Residents, occasional or
temporary workers are not eligible to file a grievance under this
procedure.
620.4 PROCEDURE
The Division of Human Resources/Staff and Labor Relations administers
the Staff Grievance Procedure. In grievances in which unlawful
discrimination is alleged, the Office of Affirmative Action and Equal
Opportunity Programs assists in the administration of the procedure. All
time frames and other procedural requirements must be adhered to unless
the Division of Human Resources grants an extension or exemption.
Extensions will only be granted for compelling reasons. If the grievant
fails to respond within specified time frames (including any approved
extensions) the grievance may be dismissed. If the respondent fails to
respond within specified time frames (including any approved extensions)
he/she may be subject to disciplinary action.
Both the grievant and respondent may be assisted throughout this
process by an employee representative. These representatives must be
regular or retired faculty or staff members. The head of the responding
department must approve all employee representatives for respondents.
Staff members must initiate action within the following time frames in
order to reserve the right to request a panel hearing under the Staff
Grievance Procedure:
- If not utilizing the WIRP first: The grievant must submit a completed
grievance form within thirty (30) working days of the date of the event
giving rise to the grievance.
- If utilizing the WIRP first: The staff member must initiate action
under the WIRP within thirty (30) working days of the date of the event
giving rise to the grievance. If no resolution is reached through the WIRP,
the staff member then has ten (10) working days from the final attempt to
resolve the issue through the WIRP to submit a completed grievance form.
- If terminated from employment: The grievant has ten (10) working days
from notice of termination of employment to submit a grievance form.
The completed grievance form must be submitted to the Division of Human
Resources/Staff and Labor Relations at 3401 Walnut Street, Suite 527A,
Philadelphia, PA 19104-6228.
Every effort will be made to hold the hearing within thirty (30)
working days. The Panel must submit recommendations for resolution in
writing to the President or designee within five (5) working days of the
completion of the hearing. The President or designee will notify the
grievant and respondent of the final decision in writing within ten (10)
working days of receipt of the recommendations from the panel.
Note: A Grievance Procedure Manual describing the process in detail is
available from any of the University Resource Offices or at www.hr.upenn.edu/StaffRelations/Resolution/Manual.aspx.
Applicability: All Regular Staff Members
Cross-reference: Policy 001, Policy 201
Supersedes Policy Number(s): 620 (01/12/1999), 01/01/2000
University of Pennsylvania Staff Grievance Procedure
Manual
GRIEVANCE PANEL REVIEW
REQUEST FORM*
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