Personnel

Policy: 370

Employee Grievance Procedure

Procedure:

Employees with complaints or grievances may contact the Human Resources Director to obtain information regarding procedures to be followed to resolve the matter or to file a formal written appeal. The Human Resources Director will be available to advise employees of management and procedural matters throughout the course of a formal grievance process. The grievance procedure was established to ensure that employees are provided an opportunity to present their concerns. No reprisals or prejudicial actions will be taken toward any employee because that employee exercised the right to follow the grievance procedure. Only permanent employees of MDCBDSN have the right to appeal through the established grievance policy. Permanent employees are those who are not in an initial probationary status.

Employees who have been terminated for mistreatment of a consumer will not be given grievance rights.

GENERAL POLICY:

It is the policy of MDCBDSN to give prompt and impartial consideration to the complaints and grievances of employees without restraint, interference, coercion or reprisal. It is the responsibility of the immediate supervisor to make prompt decisions and to work toward solutions that are in the best interest of the involved employee and MDCBDSN. The agency expects the supervisor to make every reasonable effort to reach a satisfactory solution so that employee complaints may be settled informally between the employee and the immediate supervisor. In the event a satisfactory solution cannot be agreed upon, then the employee is advised of the grievance procedure.

1. Time Limitations
   A formal grievance must be initiated in writing within ten (10) business days of the action giving rise to the grievance. Actions eligible for "formal grievance" are limited to terminations, pay decreases (except board approved furloughs) or demotions. If the grievance is filed by mail, the postmarked date of the envelope will be considered the date filed. In cases where the grievance is hand delivered the date the written appeal is received in the Executive Director's office will be considered the date filed. The time shall be computed by excluding the first day and including the last day. Should the last day fall on Saturday or Sunday or Agency holiday it shall be excluded.


2. Procedures
   The grievance procedure will consist of the following procedure reflected below:
   
   Appeal to the Executive Director
   
   The appeal must be filed in writing with the Executive Director/designee within ten (10) business days after the effective date of the action. The written grievance must contain a brief statement of the facts, the action which to employee is grieving, the employees reason for grieving the action and the relief the employee is seeking. Within three (3) business days after the receipt of a formal written grievance the Executive Director/designee will assign the grievance to the Human Resources Administrator to assign a peer review team which is composed of two (2) staff from at least 2 levels of service outside of area in question (i.e., direct care, supervisors, administrators or coordinators).
   
   The Human Resources Administrator will act as Lead for the peer review team.
   
   The Peer Review Team will obtain brief written statements from employees, supervisors and anyone else having knowledge of the matter. After receipt of all information, the assigned team will assemble a packet of information containing:
   1. Summary page of relevant facts involved in the case.
   2. Copy of the relevant policies and regulations pertaining to the grievance.
   3. Written statements from employees and others involved.
   4. A chronological summary of the employees work history.
   5. Any other relevant information
   This packet of information will be delivered within 10 business days of the receipt of the grievance to the Executive Director/designee who will review the information, meet with the employee, render a final decision and notify the employee in writing within five (5) business days. Should the decision result in termination of the employee, the employee shall be notified and will have no other grievance rights. Should the terminated employee report directly to the Executive Director, they may appeal to the Board. (Only for those employees who report directly to the Executive Director.)
   
   Request for review by the MDCBDSN:
   
   After completion of the action by the Executive Director, the employee may request a review by the MDCBDSN. The request for review must be in writing and must be filed within five (5) business days after receipt of the written decision by the Executive Director. The MDCBDSN will review the action taken by the Executive Director at their next regulary scheduled meeting, upon advice of legal counsel, and issue a final decision for the agency. The board will advise the employee in writing of their final decision within ten (10) business days after the action is reviewed.
   
   The informal time periods of the agency grievance procedure may be waived upon mutual written agreement of both parties.