AVERT Policies and Procedures 1680
1.0 PURPOSE To provide an equitable method of administering and resolving merit employee grievances without coercion, restraint, or reprisal. To establish a uniform method of filing a grievance within AVERT Policies and Procedures. 2.0 DEFINITIONS 2.1 AVERT - Acronym for the Association of Valley Emergency Response Teams. 2.2 ERTs - Acronym for Emergency Response Teams. 2.3 BOARD - The Board of Trustees of the Association of Valley Emergency Response Teams. 2.4 ORGANIZATION - Any Member Team, District Representative, Committee or other subdivision authorized by the Board, within the State of Utah whose operations are funded by AVERT. The "organization" is the standard term to reference subdivisions of the AVERT Board. Financial policies of AVERT provide that accounting, budgeting and fixed asset information be maintained by "organization." Each AVERT subdivision is assigned a unique "organization" number. 2.5 MEMBER - A general term to mean any emergency service trained individual, business entity, municipal entity, governmental entity or Board Member that has made application to and has been accepted by the AVERT Board of Trustees. The various categories are collectively known as the MEMBERSHIP. 2.6 VOLUNTEER - A general term to mean any individual that provides services to the Corporation without receiving monetary or material compensation or any person providing services under Court ordered Community Service. 2.7 EMPLOYEE - A general term to mean any individual that provides services to the Corporation and is receiving monetary or material compensation and benefits in accordance with State and Federal Labor laws. 3.0 PROCEDURES 3.1 MERIT EMPLOYEE RIGHTS AND RESTRICTIONS 3.1.1 In discipline cases involving suspension without pay, reduction in pay, demotion or termination, personnel are entitled to written notice of the disciplinary action to be taken, including the reason(s) and the effective date at least ten (10) calendar days prior to the effective date of the discipline action. 3.1.1.1 In discipline cases involving termination, a person is entitled to a pre-termination hearing prior to the effective date of the action, in accordance with the Discipline Policy. 3.1.1.2 In discipline cases involving suspension without pay, reduction in pay, demotion or termination, personnel shall be given copies of the Grievance Policy and Procedure and the Appeal Policy and Procedure prior to the effective date of the disciplinary action. 3.1.1.3 In cases involving suspension without pay, reduction in pay, demotion, termination, or in cases where the grievance is against the Organization Director, a person, upon written request, may elect to move directly to a Board Level hearing. 3.1.2 Grievances concerning matters over which the Administrator has no authority are not appealable at or below the Organizational level, i.e.; Corporate Personnel policies, Corporate benefits or AVERT Board policies or directives. 3.1.2.1 Appeals on these and other matters which are not within the scope and authority of the Administrator may be filed with the Board of Trustees or District Court. 3.1.2.2 Employees may file an appeal for jurisdictional review with the Corporate Attorney requesting determination of the appropriate appeal process. 3.1.3 A person shall have the right at his or her own expense to assistance by a representative of his or her own choice who may act as his or her advocate at any level of the grievance procedure except at a pre-termination hearing in accordance with the Discipline Policy. 3.1.4 A person will be allowed a reasonable period of time, not to exceed four (4) hours per level of review, during working hours to prepare his or her case. 3.1.5 No person shall suffer harassment or any other form of retaliation as a result of exercising the right of appeal as contained in this Grievance Procedure. 3.1.6 Upon written request, the Board or Organization, through the appropriate supervision, must supply the grieving person with a copy of the Grievance Procedure and any other non-confidential information necessary for the processing of the grievance, providing that extraordinary or inordinate expenses required to furnish such information shall be borne by the person. 3.1.7 Any volunteer, employee or member selected as a representative or a witness in a grievance is required to give his or her immediate supervisor reasonable advance notice to ensure that his or her absence will not unduly interfere with organization operations. 3.1.8 Any volunteer, employee or member may choose to seek the counsel or advice of the AVERT Equal Employment Opportunity Manager on matters relating to discrimination. 3.2 TIME LIMITS AND WAIVERS 3.2.1 Employees shall have fifteen calendar (15) days from the day of imposition of the disciplinary action or fifteen (15) calendar days from the date the employee could reasonably be presumed to have had knowledge of other grievable actions to begin the grievance process. 3.2.2 Unless otherwise specified, the time limit between each level of review in the grievance process shall be fifteen (15) calendar days. 3.2.3 Failure by the supervisor to reply in writing to the employee's grievance within the established time limits automatically permits the employee to move his or her grievance to the next level of review. 3.2.4 Any level of review or any time limits established in this procedure may be waived or amended by mutual written agreement of the parties. 3.2.5 If a person fails to initiate the grievance procedure or fails to appeal in writing from one level to the next level within the time limits established by this policy, the complaint shall be considered finally settled on the basis of the most recent decision and the grievance shall not be subject to further appeal or consideration by the Corporation. 3.2.6 The Board or Organization level hearing shall be conducted as provided in this policy. 3.2.6.1 In cases in which the Board or Organization fails to initially convene a hearing within the established time limit, the person may appeal to the Board of Trustees unless the Board or Organization can demonstrate, through correspondence or other writing, that a good faith effort was made to convene the Board or Organization hearing on time. 3.2.6.2 In cases in which the Board or Organization is in agreement with the employee's position, but relief has been denied pursuant to applicable Policies and Procedures, Human Resources Director recommendation or Board action, the Board or Organization level hearing shall be waived and the matter forwarded to the Corporate Attorney for final decision. The Board or Organization shall not be a party at the Attorney hearing, but may submit a written statement to the Attorney. The Organization Director or the Board of Trustees shall be the party defending against the grievance. 3.2.6.3 In cases in which the Board and Organization Administrator has had direct involvement in the facts at issue, the Board or Organization level hearing shall be waived and the matter forwarded to the Attorney for final decision. 3.3 LEVEL OF REVIEW 3.3.1 INFORMAL LEVEL OF REVIEW - A person who has a grievance shall attempt to settle the issue through discussion with his or her supervisor. 3.3.1.1 The person should discuss the grievance with his or her supervisor within fifteen (15) calendar days of the imposition of discipline or fifteen (15) calendar days from the date the person could reasonably be presumed to have had knowledge of other grievable actions to begin the grievance process. 3.3.1.1.1 If after discussion with the supervisor the person is still not satisfied, the person shall have seven (7) calendar days in which to inform the supervisor that he or she wishes to pursue the matter further. This notification must be submitted in writing and need not be lengthy or complex. 3.3.1.2 The persons' supervisor shall briefly respond to the grievance, in writing, within fifteen (15) calendar days of receipt of the person's written notice. 3.3.2 WRITTEN LEVEL OF REVIEW - If a person is not in agreement with the decision reached through informal discussion with his or her supervisor or if no decision is given, the person may then proceed to the WRITTEN LEVEL OF REVIEW. 3.3.2.1 The person must present the grievance in writing to his or her Organization Administrator within fifteen (15) calendar days after receiving the supervisor's response. In staff organizations without an Administrator, the written level of review shall proceed to the appropriate supervisor. 3.3.2.2 The Organization Administrator shall prepare and deliver to the person a written decision within fifteen (15) calendar days after receiving the written grievance. 3.3.3 DEPARTMENT LEVEL OF REVIEW - If the person does not agree with the written decision of the Organization Administrator or if no answer has been received within fifteen (15) calendar days: 3.3.3.1 The person may present his or her written grievance to the Board or Organization Administrator for Organization Review within fifteen (15) calendar days. 3.3.3.2 The Organization Administrator or Board may elect to hear the grievance, have a designee hear it, or forward the grievance to the Corporate Attorney. 3.3.3.2.1 In cases in which a designee is to hear the grievance, the Organization or Board shall notify the person, in writing, of the name of the person who will hear the grievance. 3.3.3.2.2 The person shall then have the option of forwarding the grievance to the Corporate Attorney. 3.3.3.3 Hearings before the Organization Administrator or Board or designee, shall be initially convened within fifteen (15) calendar days after receiving the written grievance. 3.3.3.3.1 Hearings may not be postponed after agreement by both sides of the hearing date except in cases where written justification is submitted twenty-four (24) hours in advance of the hearing. 3.3.3.3.2 Hearings may only be postponed twice and continuances shall be limited to fifteen (15) calendar days. 3.3.3.3.3 Hearings not held after two continuances will be forwarded to the Corporate Attorney unless agreed otherwise by both parties. 3.3.3.4 A copy of any written grievance alleging discrimination shall be forwarded by the Organization or Board to the AVERT Equal Employment Opportunity Manager. 3.4 NOTICE 3.4.1 At least seven (7) calendar days in advance of the hearing, the Board or Organization Administrator or designated representative will notify the person and appropriate supervisor of the time and place of the hearing. This notification will be delivered, in person, to the person or to the person's last known home address by certified mail or by personal service. 3.5 PROCEDURE AT THE HEARING - The hearing held before a Board, Organization Administrator, or designated representative is not a formal adversarial hearing but shall consist of an inquiry into the grievant's position and an attempt to resolve the differences between the grievant and supervisor or administrator. The person may present his or her case personally or through a representative of his or her choice. A tape recording shall be kept of the proceedings. Witnesses shall not be called and heard, though witnesses statements may be informally presented by the parties in writing or orally. Written documentary evidence may be presented and considered. 3.5.1 The hearing shall not be bound either by the Utah Rules of Civil Procedures or by the Utah Rules of Evidence. 3.5.2 All relevant information must be made available at the time of the hearing in order to facilitate a thorough review of the grievance. 3.5.3 If a person or his or her representative withholds evidence at the time of the hearing, he or she shall be precluded from presenting said evidence to the next level of hearing. 3.6 WRITTEN DECISION - Organization Administrators or Board Members shall prepare and deliver to the person a written decision within fifteen (15) calendar days after the date of the hearing. 3.6.1 The decision by the Board or Organization Administrator shall be mailed to the person, the Organization Administrator, the EEO Manager, and the Human Resources Director for placement in the person's personnel file. 3.6.2 Should the decision by the Board or Organization Administrator be adverse to the person, the notification shall include the right of the person to appeal. 3.7 CORPORATE ATTORNEY APPEAL - If the Board or Organization Administrator's decision is to be appealed to the Corporate Attorney, the person must file the written appeal to the Attorney within fifteen (15) calendar days from the time the person is notified of the decision by the Board or Organization Administrator. 3.8 Volunteers, Employees and Members shall have access to the above Appeal Procedure. 3.9 Probationary and temporary employees may only seek redress for charges alleging discrimination. Such charges must be in writing to the Board of Trustees or Organization Administrator within fifteen (15) calendar days after the occurrence or after the date when the employee could reasonably be presumed to have had knowledge of such occurrence, which ever is later. In instances where probationary or other non-merit employees allege discrimination, an administrative review and written determination shall be made by the Board or Organization Administrator or his or her designee. Such review and determination shall take place within fifteen (15) calendar days after the filing of the discrimination complaint. Should an adverse decision be rendered, the employee shall be advised of his or her right to appeal to the Attorney and, for Federal and state covered status, to file a complaint with the Anti-Discrimination Division of the Utah Industrial Commission. 4.0 RECORDING OF DECISIONS 4.1 All records of grievance hearings, evidence and decisions shall be filed in the person's permanent personnel file. 4.1 If subsequent to an appeal the disciplinary action taken against a person is not sustained, Administrators shall submit to the Human Resources Director, within seven (7) calendar days of the decision, a letter rescinding the action taken. 4.2 This written notification shall be placed in the person's permanent personnel file along with any records of the revoked disciplinary action. |