Employee Grievance Procedures
Resolving Problems
We at George Mason believe that the University is a great place to work. However, that does not mean that problems never arise. Here are several approaches to dealing with workplace conflicts.
- Communication
Employees are encouraged to discuss their concerns with their supervisors before the problem becomes too difficult to handle informally and to take their concerns through the management chain. The Human Resources Department can also provide information and advice and often can work with employees and management to arrive at a mutually satisfactory conclusion to the problem. The Virginia Department of Employee Dispute Resolution offers a free, confidential advice line for al l classified employees, at 1-888-232-3842.
- Mediation
Sometimes the best efforts of employees and managers are not successful in resolving problems. If this is the case, a process called mediation may be advisable. Mediation is a process in which trained facilitators assist employees in conflict with discussion of issues in an open, honest and confidential forum. The mediators are employees from other state agencies who have been trained to assist the parties in conflict to identify issues, explore alternatives and agree on actions to resolve the conflict. All University employees, including faculty, classified, part-time and probationary employees are eligible to participate in the mediation process. Participation is voluntary. For more information about the mediation process, or to request mediation, contact the Employee Relations Manager at (703) 993-2600.
- State Employee Grievance Procedure
The following is provided only as a synopsis. It is not intended to replace the official grievance procedure. In the event of discrepancies, the grievance statute and official grievance procedure take precedence.
When informal means of problem resolution are not successful, non-probationary classified employees are eligible to utilize the state's formal grievance process. Established by law and administered by the Virginia Department of Employee Dispute Resolution, the State Employee Grievance Procedure is a process through which employees may have their concerns reviewed by three successively higher levels of management. The rules of the procedure must be strictly followed.
Grievances must be initiated in writing to the employee's immediate supervisor within 30 calendar days of the action or event being challenged. The immediate supervisor has five workdays to respond to the employee. The employee then has five workdays to close the grievance or to advance the grievance to the 2nd Step manager. This is normally the dean or director of the department. The 2nd Step manager has five workdays to schedule and conduct a meeting with the employee and another five workdays to provide a written response. Again, within five workdays, the employee may close or advance the grievance to the 3rd Step manager if not satisfied. The 3rd Step manager is usually the Assistant Vice President, Associate Vice President, or Vice President in the employee's management chain. Within five workdays, the 3rd Step manager provides a written response to the employee.
Before a grievance can proceed to a hearing, the employee must submit it to the University President for a determination about whether the issues of the grievance qualify for a hearing. Only the following issues may be qualified:
- Disciplinary actions including Written Notices under the Standards of Conduct, as well as transfers, assignments, demotions and suspensions given on a disciplinary basis
- Discrimination on any illegal basis
- Arbitrary or capricious performance evaluations
- Retaliation for exercising any right protected by law
- Misapplication or unfair application of policies, procedures, rules or regulations
If qualified, a grievance may proceed to a hearing before a hearing officer who is an attorney appointed by the Virginia Supreme Court and selected by Department of Employment Dispute Resolution. The decision of the hearing officer is final, if consistent with state policy. If not qualified, employees may appeal to Department of Employee Dispute Resolution and, ultimately, to the Circuit Court of the locality where they work.
For additional information about the Employee Grievance Procedure, contact Employee Relations in Human Resources and Payroll Department at(703) 993-2600 or the Department of Employee Dispute Resolution in Richmond at 1-888-232-3842.
