CLASSIFIED EMPLOYEE GRIEVANCE PROCESS



I.
INTRODUCTION

This grievance process has been adopted pursuant to State Personnel Board Rules and Personnel
Director’s Administrative Procedures found in Chapter 8 of the Rules. It is intended to provide a means by
which permanent, classified employees may attempt to address and resolve workplace disputes at Mines.

II.
GENERAL PRINCIPLES

A. Appealable Matters. This process is appropriate for resolution of all employment matters that
are not directly appealable to, or reviewable by, the State Personnel Board or the State
Personnel Director. Issues pertaining to leave sharing, discretionary pay differentials, granting
or removal of in-range salary movements, or a performance evaluation that does not result in
a corrective or disciplinary action are not subject to grievance or appeal.

B. Role of Human Resources Office. The Office of Human Resources shall facilitate the
processing and resolution of all grievances filed hereunder. The parties shall provide copies
of all documents filed or exchanged during the course of the grievance process to the Office of
Human Resources.

C. Informal Resolution. Grievances should be resolved informally, if possible, and at the lowest
possible supervisory level.

D. Mediation. Either party to a grievance may request mediation to resolve a grievance.
Mediation can only ensue if all parties agree to its use. If chosen, the use of mediation will
comply with State Personnel Rules 8-9 through 8-11.

E. Grievance Meetings. A meeting between the employee and the appointing authority to
discuss the employee’s grievance may be held at the Step II level if the appointing authority
believes it would be helpful to achieve a fair and expeditious resolution of the grievance. The
appointing authority shall have the discretion to request the attendance of any Mines employee
or witness at a grievance meeting.

F. Employee Representation. An employee may be represented by any individual of the
employee’s choosing at Step II of the grievance process or beyond. The representative may
participate and speak on behalf of the employee at grievance meetings, but the employee is
expected to participate in all discussions held during the grievance process. If the employee
utilizes the services of an attorney or a labor union representative during a grievance meeting,
the decision maker shall have the right to be represented by legal counsel at that meeting.

G. Moot Grievances. If an employee’s employment at Mines ends while his or her grievance is
pending and the employee does not appeal the separation to the State Personnel Board, the
grievance shall be considered concluded.

H. Time Limits. Any of the time limits specified below for completion of the grievance process
may be waived or modified if agreed to by both parties, including deferral of deadlines
associated with actions in order to allow the parties a chance to resolve the issue. If mediation
is agreed to, the time limits are suspended during the mediation process and will resume upon
the conclusion of mediation if a resolution is not reached through the mediation.


III.
PROCEDURE FOR INITIATING AND PROSECUTING EMPLOYMENT GRIEVANCES

A. Time Limit for Initiation of Grievance. A grievance must be initiated within ten days from the
date of the action or occurrence that forms the basis of the grievance, or within ten days after
the employee has acquired knowledge of, or reasonably should have acquired knowledge of,
the action or occurrence that forms the basis of the grievance.

B. Time Limit for Resolution of Grievance. The grievance process shall be concluded within
thirty days from the date of the initiation of the Step II Formal Grievance Level unless extended
by mutual agreement of the parties. .

C. Step I – Informal Grievance Level. To initiate a grievance hereunder, an employee shall
notify his or her supervisor, or the individual serving at the lowest management level capable
of providing effective relief for the employee’s grievance. An informal discussion shall be held
between these individuals to attempt to resolve the employee’s grievance. The employee shall
be informed in writing of the decision within seven days after the informal discussion. The
decision reached at Step I shall be binding upon the parties unless the employee elects to
proceed to Step II as detailed in section D below. If a timely decision is not issued, the
employee may proceed to Step II of the grievance process.

D. Step II – Formal Grievance Level. Within five days after receipt of the informal decision
rendered in at Step I, the employee may initiate a Step II formal grievance by reducing the
grievance to written form and submitting it to his or her appointing authority. Only the issues
set forth in the written grievance shall be considered thereafter.

At the discretion of the appointing authority, a meeting may be held to discuss the employee’s
grievance. The employee shall be informed in writing of the appointing authority’s decision
generally within fourteen days after the meeting, or within thirty days of the filing of the formal
grievance if no meeting is held. Irrespective of whether a meeting is held, the Step II formal
process must be concluded no later than thirty days from the filing of the formal written
grievance unless the time limit is extended by mutual agreement of the parties.

The decision reached by the appointing authority at Step II is the final Mines’ decision in
response to the grievance and shall be binding upon the parties unless the employee elects to
appeal the decision to the State Personnel Board as described in section E below. If a timely
decision is not issued, the employee may proceed to the next step of the grievance process.

The appointing authority may appoint an objective person or panel to make recommendations
on the decision or may delegate the decision.

E. Alternate Decision Makers. If the subject of the employee’s grievance is the employee’s
appointing authority, the appropriate vice president (or Provost if the grievance arises within
Academic Affairs) or delegee shall render the final agency decision at Step II. If the subject of
the employee’s grievance is a vice president or the Provost, the President shall render the final
agency decision at Step II. If the subject of the employee’s grievance is the President, the
President of the Board of Trustees shall render the final decision at Step II.

F. Appeal to State Personnel Board. The employee has ten (10) days to file a petition for
hearing with the State Personnel Board after receipt of the final Mines decision, or after
expiration of 30 days of initiation of the written grievance process or any extension period
granted by the State Personnel Board. The original written grievance and Mines’ final decision
shall be attached to the petition for hearing. A copy of any petition for hearing filed with the
State Personnel Board must be provided to the person who made Mines’ final decision and to
Mines’ Associate Vice President for Human Resources.


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(Revised – 06/17)