Grievance Process

Adopted by Spokane Public Library Board of Trustees on March 19, 2013.

1. GENERAL

Misunderstandings or conflicts can arise in any organization.  To ensure effective working relations, it is important that such matters be resolved before serious problems develop.  Most incidents resolve themselves through effective communication, however, should a situation persist that an employee believes to be detrimental, the procedures described in this document should be followed to bring the matter to management’s attention.

This policy is divided into the following sections:

SECTION 1 –  GENERAL 

SECTION 2 –  APPLICATION TO VARIOUS EMPLOYEE GROUPS

SECTION 3 –  DEFINITIONS, BARGAINING UNIT EMPLOYEES

SECTION 4 –  IMPLEMENTATION, BARGAINING UNIT EMPLOYEES

SECTION 5 –  DEFINITIONS, MANAGEMENT AND PROFESSIONAL STAFF

SECTION 6 –  IMPLEMENTATION, MANAGEMENT AND PROFESSIONAL STAFF

2. APPLICATION TO VARIOUS EMPLOYEE GROUPS

Spokane Public Library wishes to provide fair, equitable and timely grievance procedures in order to:

• facilitate free discussion of work related problems between employees and supervisors;
• foster better understanding of policies, procedures and practices;
• promote reaching the right decision in a climate of mutual understanding and objective, factually-based thinking;
• assure that those who file grievances are not retaliated against; and
• assure that grievance procedures are followed.
  • Grievance processes are available to all regular bargaining unit, management, professional and confidential employees.
  • Some library employees may be employed under the terms of an employment contract negotiated between the parties. Should the terms of the contract conflict with this document, the contractual terms will prevail.
  • Extra help and temporary employees are not covered by the provisions of this document. They are encouraged to consult with their supervisor should they have work-related issues or concerns.  If they are not satisfied with their supervisor’s response, or are uncomfortable talking with their supervisor, they may talk with their supervisor’s supervisor or the human resources manager. 

3. DEFINITIONS, BARGAINING UNIT EMPLOYEES

Grievance – Any dispute involving the interpretation, application or alleged violation of any provision of the Collective Bargaining Agreement between WSCCCE Local 270 and the Library.

4. IMPLEMENTATION, BARGAINING UNIT EMPLOYEES

Represented employees will follow the process outlined in Article III, Settlement of Disputes, of the collective bargaining agreement between WSCCCE, Local 270 and the Library.

Any represented employee who wishes to file a grievance should contact his or her shop steward or other union representative for assistance.

5. DEFINITIONS, MANAGEMENT AND PROFESSIONAL STAFF

Grievance – A disagreement regarding the interpretation and/or application of any rule, regulation, policy, or procedure that exists under the human resources administration system of the Library or any disagreement or action involving an employee’s work which he or she feels is unjust or unfair.

6. IMPLEMENTATION, MANAGEMENT AND PROFESSIONAL STAFF

Grievance Process

The Library believes that issues are best resolved when there is open communication between employees and their supervisors.  It is the employee’s responsibility to discuss any issue that arises during the course of their employment with the immediate supervisor and to attempt to resolve the matter.  In this way possible solutions may be discussed, and hopefully the issue will be resolved.  Every reasonable effort should be made to resolve the issue at this informal level.  If the employee is not satisfied with the supervisor’s response, the employee has the option to file a formal grievance.  The following steps will be followed in processing a grievance:

Step One – Immediate Supervisor

Within ten calendar days of the precipitating event the employee will complete a written Employee Grievance Form (Attachment A) and submit it to his/her immediate supervisor.  Upon receipt of a written grievance, the immediate supervisor will:

1. Send a copy of the grievance to Human Resources.
2. Consult with others, as necessary.
3. Respond to the grievance within ten calendar days of receipt,with a copy to Human Resources.

Step Two – Next Management Level

If the employee is not satisfied with the immediate supervisor’s response, not later than five calendar days from receipt of the response, the employee may request on the Grievance Form that the issue be moved to the next management level.  If the employee’s immediate supervisor is the Library Director or someone who reports to the Library Director, the grievant may request a review of the decision as outlined in Section 6.1.1(C).  If step two is used, the manager will:

1. Send a copy of the grievance to Human Resources.
2. Consult with others, as necessary.
3. Respond to the grievance within ten calendar days of receipt,with a copy to Human Resources.

Step Three – Director’s Review

If an employee is not satisfied with the outcome of steps one and two, not later than five calendar days of receipt of the last response the employee may request on the Grievance Form that the Library Director review the issue.  Upon receipt of the grievance, the Director will:

1. Investigate the complaint, or appoint an internal or external investigator to investigate by researching applicable policies, procedures and work practices and interviewing the grievant, the responding supervisor(s), and/or witnesses as named by the grievant and/or the supervisor(s). If an internal or external investigator is used a written report will be prepared by the investigator for the Library Director’s review.
2. The Library Director will provide a final written decision to the complainant and to the supervisor to last respond, within fifteen calendar days of receipt of the grievance or within fifteen days of receipt of the investigative report, whichever is later. A copy of the Director’s decision, along with any investigative reports, will be sent to the Human Resources Manager.  The Library Director’s decision is final.

General Provisions

• A grievance may be initiated only by the affected employee and may not be pursued without the affected employee’s consent.
• The grievance procedure is normally intended for the use of individual employees. Should a number of employees file separate grievances on the same matter, the grievances may be combined.  A final determination on a combined grievance will be applicable to all such similar grievances, and a copy of the final reply will be provided to all complainants.
• Any grievance will be considered resolved at the completion of any step if all parties are satisfied or if the matter is not appealed to the next step of the procedure within the prescribed period of time.
• The grievance procedure will not cover the following:

1. performance evaluations;
2. disciplinary actions, other than termination;
3. termination during the probationary period of employment;
4. reduction to the former classification during the promotional probationary period;
5. elimination of a position because of a reduction in force or reorganization (the decision to lay off one individual rather than another in the same classification may be grieved);
6. salary/compensation issues, or;
7. the repeat filing of a grievance concerning the same issue which has previously been denied.

An employee filing a grievance may, at any step in the procedure, request assistance from the Human Resources Manager or from an advisor/advocate of his/her choosing.  If the advocate is a current employee, the advocate must obtain his/her supervisor’s permission to participate.  

Response Standards

• If the supervisor does not comply with the time limits procedure, the employee filing the grievance may go to the next level of review without delay. A supervisor who is not responsive to the time limits set forth may be subject to disciplinary action.
• Failure of the complainant to comply with established time limits will constitute abandonment of the grievance.
• Since it is important that appeals be resolved as rapidly as possible, time limits as set forth in this policy will be considered a maximum and every effort will be made to expedite the process.

1. If either party wishes to extend any time limit at any step, a request for extension should be made at least 24 hours in advance of the deadline, in writing, to the Human Resources Manager indicating justification for the request. The decision of the HR Manager is final and is not subject to grievance.
2. No extension will exceed ten (10) working days and each person may request only one extension per step. Exceptions to the ten-day limit may be considered under unusual circumstances (i.e., a crucial employee/witness is away from work for an extended period).

Confidentiality

• All statements pertaining to the grievance will be held in confidence between the major parties, witnesses, and other necessary administrators. All interviews conducted will be closed to the public, and all persons participating will be asked to keep the information provided in confidence.
• A breach of confidentiality is considered insubordination and may subject the employee to disciplinary action including dismissal.

Falsifying Statements

Falsifying statements is considered serious misconduct and may subject the employee to disciplinary action including dismissal.

Freedom from Reprisal/Retaliation

• All employees making good faith use of these grievance procedures will be free from any restraint, interference, discrimination or reprisal therefrom, regardless of the merit of the grievance. Any supervisor, administrator or other Library employee found to have restrained or interfered in an employee’s attempt to file or completely process a grievance or found to have discriminated against or made reprisals against an employee due to his/her pursuit of a grievance will be subject to disciplinary action including dismissal.
• Witnesses will not be subject to intimidation, interference, coercion, discrimination or reprisal as a result of being a witness.