University of Wisconsin–Milwaukee

Grievance Procedure
for Nonrepresented Classified Employees

  1. POLICY

    Any classified permanent or project employee of the University of Wisconsin-Milwaukee (hereinafter UWM) who is not covered by a collective bargaining agreement may use the following procedure to bring a grievance for concerns or dissatisfaction relating to his or her conditions of employment. For the purposes of this procedure, the term "employee" or "grievant" may also mean a group of one or more employees or grievants who are bringing a grievance which involves like circumstances for the group.

    Limited term employees (LTE) are not covered under this procedure.

    This procedure is intended to interpret the Office of State Employment Relations (hereinafter OSER) grievance procedure, found at Chapter 430 Wisconsin Human Resources Handbook http://oser.state.wi.us/docview.asp?docid=7358, for employees at UWM, and to implement the policy and procedure set forth under the rules of the Office of State Employment Relations ER 46.01 et seq. Wis. Adm. Code. This procedure does not preclude or otherwise interfere with statutory appeal rights to the Wisconsin Employment Relations Commission (WERC) under §§230.44 and 230.45 Wis. Stats.

    If there is a conflict, the OSER policy will control.

  2. LIMITATIONS OF SUBJECT

    An employee of UWM may grieve issues that affect his or her conditions of employment, including any matter in which the employee alleges that coercion or retaliation has been exercised against him or her except as provided below.

    An employee may not use this procedure to grieve the following:

    1. A personnel action or decision of the Office of State Employment Relations (OSER) (or such an action which has been delegated to an appointing authority) which is directly appealable to the Wisconsin Employment Relations Commission under §230.44 Wis. Stats. (e.g. reclassification, reallocation);
    2. A personnel action related to the hiring process after certification;
    3. Denial of hazardous employment benefits under §230.36 Wis. Stats.;
    4. Failure of a supervisor to process a reclassification request;
    5. Oral reprimand;
    6. Termination of LTE or project employees;
    7. Release of probationary employees;
    8. The content of written UWM or UW System rules and policies;
    9. A condition of employment which is a Management Right as defined in ER 46.04 (see the Appendix);
    10. Any matter related to wages, hours of work or fringe benefits; other conditions of employment that are not expressly grievable under Wisconsin Employee Resources Handbook Chapter 430, http://oser.state.wi.us/docview.asp?docid=7358. (Examples of such matters include but are not limited to: discretionary merit compensation; assignment of overtime and scheduling of work, etc.); or
    11. Any matter alleging sexual harassment or other sexual discrimination; or matters alleging harassment and/or discrimination on the basis of protected class (e.g. age, race, creed, color, sex, marital status, disability, sexual orientation, national origin, or arrest and conviction record) whose complaints are appropriate for the procedures of the UWM Office of Equity/Diversity Services, and other state and federal laws.
    12. Performance evaluations.

      The actions listed in A. through C. above are directly appealable to the Wisconsin Employment Relations Commission within 30 calendar days after the employee is notified of the action, under §230.44 Wis. Stats.

      An employee may use this procedure to grieve the following actions beginning with the Second Step:

    13. Demotion, layoff, suspension, or discharge

    Appeal of a grievance concerning demotion, layoff, suspension, or discharge may be made to the Wisconsin Employment Relations Commission.

    An employee may file a grievance using this procedure contesting an action where the employee alleges that the employer abused its discretion in applying written agency rules, policies or procedures but only through the second step of the procedure.

    An employee may file a grievance using this procedure contesting a written reprimand but only through the second step of the procedure.


  3. REPRESENTATION

    An employee may have the assistance of a representative of his or her choosing during the grievance process. The employee and the representative, if also a state employee, shall be allowed a reasonable period of time during normal work hours without loss of pay to investigate, prepare and present the grievance. This time off must be arranged with the appropriate supervisor(s). The employer may not retaliate against a grievant, representative or witness who participates in this grievance procedure.

  4. PROCEDURES AND TIME LIMITS

    Prior to filing a written grievance, an employee who has a problem or complaint regarding employment conditions should attempt to settle it through discussion with his or her immediate supervisor. If the employee is not satisfied with the outcome of such informal discussion, he or she may file a grievance.

    Grievances shall be filed on a UWM Noncontractual Grievance Form. Copies of the form are available from the offices of the school/college/division Personnel Representative, or from the Department of Human Resources. (Please download a copy of the form in Adobe Acrobat (.pdf) formats.)

    All grievances shall be filed at Step 1 no later than 30 calendar days after the date the employee first became aware or should have become aware of the situation giving rise to the grievance. The employer may not grant relief retroactive to more than 30 calendar days prior to the filing of the grievance at Step 1.

    1. Prefiling Step: Informal resolution is encouraged through a pre-filing process. If the parties mutually agree to a prefiling meeting, the supervisor and the employee should identify and discuss the matter in a mutual attempt to resolve the issue.

    2. First Step: If the grievant is not satisfied with the resolution at Prefiling Step, or if there was none, he or she may present the grievance in writing to the Dean or Division Head or his/her designee. The First Step respondent shall meet with the employee, provide a written response and deliver it to the grievant within 21 calendar days of the receipt of the written grievance from the employee.

    3. Second Step: If the grievant is not satisfied with the disposition made at Step 1, he or she may present the grievance in writing to the Chancellor's designee (e.g. the Labor Relations Coordinator) within seven (7) calendar days after receipt of the answer at Step 1. The Labor Relations Coordinator will meet with the grievant and his or her representative to hear the grievance. The Labor Relations Coordinator will then enter his or her decision on the grievance form, and return the form to the grievant within 21 calendar days of receipt of the grievance.

    4. Third Step: If the grievant is not satisfied with the answer at Step 2, the grievance may be forwarded to the Office of State Employment Relations (OSER) within seven (7) calendar days from the receipt of the answer at Step 2. OSER will review the grievance. If the grievance cannot be resolved OSER will send a written notice to the grievant within 21 calendar days from receipt of the grievance at Step 3. The written notice will inform the grievant that grievances that have not been settled under the foregoing procedure may be appealed to the Wisconsin Employment Relations Commission (WERC) under Wis. Stat. §230.45(1)(c) if the appeal alleges that the decision being grieved was not based on just cause.

    Such appeal to the WERC shall be in writing and filed within 30 calendar days after the date of OSER’s notice at Step 3.

    If an unresolved grievance is not appealed to the WERC, it shall be considered terminated on the basis of the Step 2 answer.

    Failure to Meet Time Limits. The employer will reject any grievances not filed or decisions not grieved according to the time limits. The parties may mutually agree to waive or extend the time limits to any Step listed above.

  5. APPEAL PROCEDURES

    If the grievant is not satisfied with the disposition made at Step 3, the decision may be grieved to the Wisconsin Employment Relations Commission under §230.44 Wis. Stats. if it alleges that the employer abused discretion in applying the statutes or rules under subchapters I. (Administrative Services) or II. (Civil Service) of Chapter 230 Wis. Stats. Section PC 3.03 of the Wisconsin Administrative Code sets forth the form of WERC appeals.

    Written appeals may be filed by mail or in person with the Wisconsin Employment Relations Commission:

    18 South Thornton Ave.
    P.O. Box 7870
    Madison, WI 53707-7870

    (608) 266-1381
    http://werc.wi.gov/

    Letters should be addressed to the Chairperson, Wisconsin Employment Relations Commission, and should include: the grievant’s name, address(es) and telephone number; the name of the State agency which took the action being appealed; the facts of the case, reasons why the employee believes the employer's action to be inappropriate, illegal or an abuse of discretion, and a statement of the relief sought. Copies of the Step 1, 2 and 3 responses must be attached to the appeal.

    Decisions involving the following issues may not be grieved to the WERC;

    1. Written reprimands;
    2. Performance evaluations; or
    3. The evaluation methodology used by the employer to determine a discretionary pay award, or the amount of the award.

    Appeals of grievances to the WERC must be filed within 30 calendar days after receipt of the Step 3 answer, or 30 days after the employer could have served a timely answer, whichever is sooner. If the Step 3 answer is not timely, the grievant may proceed to the WERC.

    Those actions which are appealed directly to the WERC must be filed within 30 calendar days after the effective date of the action or 30 calendar days after the employee was notified of the action, whichever is later.

APPENDIX

Wisconsin Administrative Code ER 46.04 Management Rights.

  1. Nothing in this chapter is intended to interfere with the sole right of the employer to carry out its statutory mandate and goals.
  2. For the purpose of this chapter, the management rights of the employer include, but are not limited to, the following:
    1. Utilizing personnel, methods and means to carry out the statutory mandate and goals of the agency.
    2. Determining the size and composition of the work force.
    3. Managing and directing the employees of the agency.
    4. Hiring, promoting, transferring, assigning or retaining employees.
    5. Establishing reasonable work rules.
    6. Taking disciplinary action for just cause against an employee.
    7. Laying off employees due to lack of work or funds or organizational changes.