Ala. Admin. Code r. 356-X-3-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 356-X-3-.06 - Employee Grievances

Any full-time employee may register a grievance when he believes he has been improperly treated by the misinterpretation or violation of ASFA policies, laws or administrative regulations or procedures, or alleged, unfair, discriminatory, unreasonable or abusive treatment. In their effort to secure consideration, adjustment, or settlement of grievances, employees shall be free of interference, restraint, coercion or reprisals. It is desirable that problems be resolved at the earliest possible time and at the most immediate level of supervision. If an employee believes he may have a grievance, he shall advise his immediate supervisor of his concern and request an explanation or relief. For teachers, department heads shall be considered your immediate supervisor. For all others, the supervisor shall be to whom you report. If the employee is not satisfied, he may initiate a formal grievance according to the following:

(a) The grievance must be submitted in writing to the immediate supervisor within 15 days of when the problem occurred or should have been known. The grievance shall cite the reasons and nature of the complaint and be signed by the employee. The supervisor will afford the employee a hearing if one is requested or may call a meeting on his own initiative. If the grievance is not within his authority to resolve, he shall advise the employee to appeal to the next, or appropriate, supervisory level. The employee may be accompanied by one advisor of his choice. Within five working days of the receipt of the grievance, the supervisor will provide the grievant a reply in writing.

(b) If not resolved to his satisfaction, the grievant may within five working days of the receipt of the supervisor's reply forward his grievance and the supervisor's reply to the assistant director. The assistant director or his designate will afford the grievant a hearing if he requests it or schedule one on his own initiative. The grievant may be accompanied by one advisor of his choice. Within five working days of the receipt of the grievance, the assistant director will provide the grievant his reply in writing.

(c) If not resolved to his satisfaction, the employee may within five working days forward his grievance, with his supervisor's reply and the assistant director's reply, to the executive director. To advise the director, a grievance committee of three persons will be established. The grievant will designate one person to be on the committee. A third person for the committee shall be jointly selected by the grievant and the executive director. Any expenses incurred shall be equally shared. The committee shall schedule a hearing within five days of its appointment at a time agreeable to the grievant. The committee shall hear all parties concerned and may call witnesses. A record of the testimony will be established. The committee shall render its decision and transmit the recommendation along with a record of its findings to the executive director within five working days of the hearing. The executive director will render his decision and transmit it in writing within five working days of his receipt of the committee's recommendation.

(d) If the grievance is not resolved to his satisfaction, the employee may request a review by the Board of Directors. The Board will review the record and determine whether to grant a hearing. If granted, the hearing will be held at the next regularly scheduled meeting of the Board of Directors. After hearing the appeal, the Board will render its decision within fifteen working days of the hearing. The decision will be transmitted to the employee in writing.

(e) The decision of the Board is final. Although the above procedure prescribes time limits, every effort will be made to resolve grievances in less time insofar as possible. The failure of the employee to appeal any decision to the next step within the time set forth for such appeal shall be considered an abandonment of his grievance unless modification of the time limits are approved by the executive director.

(f) The above procedure in no way replaces appeal procedures available to employees as specified by Alabama statute.

Author:

Ala. Admin. Code r. 356-X-3-.06

Filed September 30, 1982.

Statutory Authority: H.J.R. 145, September 17, 1971.