UNC Police: General Order 03-07R6 - Dispute Resolution & Grievance Procedures

Title

UNC Police: General Order 03-07R6 - Dispute Resolution & Grievance Procedures

Document Information

Purpose

An important element of a sound personnel system is the existence of a formal method that allows employees to resolve their grievances with management fairly and expeditiously. A carefully designed grievance process helps reduce personnel dissatisfaction, improve morale, identify problems in the organization, and increase the positive perception employees have of the organization.

Policy

The University of North Carolina at Chapel Hill (UNC-CH) is committed to fair and equitable treatment for all employees. UNC-CH has established a policy and procedure for the fair, orderly, and prompt resolution of job-related disputes that arise between a State Human Resource Act (SHRA) employee and an individual in a position of authority. UNC-CH grievable issues are either issues that must be grieved through the internal university process before appealing to the North Carolina Office of Administrative Hearings or issues grievable at the University level only.

Full-time and part-time permanent SHRA employees are eligible to use the UNC-CH dispute resolution and staff grievance procedure when they feel that they have not received fair treatment. Probationary Employees are eligible, only if alleging discrimination based on sex, sexual orientation, race, color, creed, religion, national origin, age, veteran’s status, handicapping condition, political affiliation, racial or sexual harassment or the existence of false or misleading information in their personnel record.

Employees have the right to use the dispute resolution and SHRA grievance procedure free from retaliation. Employees cannot be retaliated against for participating in a grievance as a grievant, a witness, a support person, or as a grievance committee member.

Units Affected

UNC-CH Police Department Sworn and Non-Sworn Personnel, who have attained career status by the State Human Resources Act (N.C.G.S. §126-1.1).

References/Forms

• NC Office of State Human Resources Employee Grievance Policy
• North Carolina General Statute (N.C.G.S.) §126 State Human Resources Act
• UNC-CH Office of Human Resources (OHR) State Human Resources Act (SHRA) Employee Grievance Initial Filing Form
• UNC-CH OHR SHRA Grievance Policy, Guidelines for Grievance
• UNC-CH OHR SHRA Grievance Supplemental Filing Form
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Grievance Assistant
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Grievant
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Immediate Supervisor
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Panel Chairs
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Panelists
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Statement of Work Time and Grievance Participation
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Step 1 Respondents
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Step 2 Respondents
• UNC-CH OHR SHRA Roles, Rights and Responsibilities of Participants, Witnesses
• UNC-CH Police Department General Order 03-08 Hiring for Permanent Employees
• UNC-CH Police Department General Order 03-09 Disciplinary Procedures
• UNC-CH Police Department General Order 03-10 Internal Affairs
• UNC-CH Police Department General Order 03-20 Personnel Early Warning System
• UNC-CH Police Department General Order 03-21 Promotion for Permanent Employees
• UNC-CH Policy on Prohibited Discrimination, Harassment and Related Misconduct Including Sexual and Gender-Based Harassment, Sexual Violence, Interpersonal Violence and Stalking
• UNC-CH University Libraries University Archives and Records Management Services; General Records and Retention and Disposition Schedule
• UNC-CH Workplace Violence Policy
• UNC-CH Whistleblower Policy
• University of North Carolina System SHRA Employee Grievance Policy

Definitions and Descriptions

Confidentiality: Grievances are confidential personnel matters. Person filing the grievance, shall maintain confidentiality and shall not disclose information concerning the case to others, except as allowed by the normal function of policy or required by law.

Formal Grievance Discussion: Begins at the Step 2 Hearing of the grievance process for grievances, does not include suspension, demotion, dismissal, and involuntary separation due to unavailability. The process for these issues is formal from the start of the process.

Informal Grievance Discussion: Grievances that do not involve disciplinary actions, harassment, discrimination, or retaliation, the grievance officer will arrange for an informal discussion between you and someone in your management chain, usually your direct supervisor or next-level supervisor. The goal of the informal discussion is to address the issue(s) without having to complete the formal steps to the grievance process.

Grievances that involve prohibited harassment, discrimination, or retaliation due to harassment or discrimination work with the UNC-CH Equal Opportunity & Compliance Office, who conducts an informal inquiry. If this does not resolve the issue a supplemental Filing Form is submitted to continue the grievance process.

OHR: UNC-Chapel Hill Office of Human Resources.

Preponderance: More probable or likely truth.

Probationary Employee: An SHRA employee in a permanent position subject to the State Human Resources Act who has not attained career status by being continuously employed by the state in a permanent position for the immediate 12 preceding months.

Police officers that the department sends to basic law enforcement training, do not attain career status until being continuously employed by the state in a permanent position for the immediate 24 proceeding months.

Employees transferring from a local government entity subject to State Human Resources Act who have a break in service greater than 31 days between their local government employment and the University, will be required to work a new probationary period of 12 months before career status is attained.

Retaliation: Any action against an individual because of the individuals participation in protected activity that would discourage a reasonable person from engaging in protected activity. Retaliation in violation of N.C.G.S. Chapter 126, Article 14 - Protection for Reporting Government Activities, is also prohibited.

SHRA: State Human Resources Act.

Procedures

I. UNC-Chapel Hill Police Department Grievance Procedures

A. Filing a Grievance

1. A grievance can be filed by an employee by completing the SHRA Grievance Initial Filing Form, which includes providing written justification with supporting documentation to support your position to show by a preponderance of the evidence that management action(s) were neither warranted not defensible by law, regulation, policy or by established department practice consistent with law, regulation, or policy.

B. Maintenance and Control of Grievance Records

1. Grievance records contain highly sensitive information and are maintained and controlled with strict Confidentiality. Formal and Informal records of employee grievances are received and maintained by the UNC-CH Office of Human Resources (OHR).
2. Copies of grievances regarding members of the UNC-CH Police Department are forwarded to the UNC-CH Police Department by OHR personnel. These copies are maintained in the employee’s personnel file that is secured in the Office of the Chief of Police. These records must be maintained based on the requirements listed in the UNC-CH General Records Retention and Disposition Schedule.

C. Review and Analysis of Grievances

1. Each year the administrative services commander contacts the Employee & Management Relations consultant with UNC-CH OHR who provides information on the number of grievances that have been filed against the UNC-CH Police Department for the previous year. The administrative services commander publishes a report analyzing these grievances, as well as supporting policies and practices, and sends that report to the Chief of Police. This report includes, but is not limited to, the number of grievances filed, their nature, and source of the complaint. This allows the UNC-CH Police Department, to discover trends in grievances and take steps to minimize their causes. The UNC-CH Police Department follows the UNC-CH OHR Grievance Policy, as well as supporting policies and practices of UNC-CH OHR maintained on the UNC-CH OHR website.