VII. APPEALS AND GRIEVANCE PROCEDURES: Difference between revisions

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Revision as of 10:30, 31 May 2012

A. WAGES, WORKING CONDITIONS
Appeals concerning rates of pay, classification of positions, hours of work, and other conditions of employment may be made by the employee to the Personnel & Operations Committee. Appeals concerning disciplinary action may be made to the Personnel Appeals Committee. Any employee has the right to make an appeal without prejudicing his/her employment.


B. GRIEVANCE PROCEDURES
(see section XIII.C. for Personnel Appeals Committee Structure)

  1. Any worker at the house or Central Level who feels s/he has been discriminated against according to BSC affirmative action policies may present a complaint to her/his supervisor or Manager, the Executive Director, the Operations Manager, or the Coordinator for Outreach Diversity & Anti-Discrimination. The initial burden of proof shall be on the complainant.
    a. The person who receives such a complaint shall investigate the complaint and take such action as s/he deems necessary within ten working days of receipt of the complaint.
    b. All such complaints shall be reported to the chair of Personnel Appeals Committee and the Affirmative Action Coordinator (and to the supervisor and/or Executive Director, if appropriate), along with a report of any action taken. The Member Advocate shall also receive notice of any complaint involving a BSC member at the time it is made.
    c. The person making the complaint may request that it be kept confidential, and will receive notice of the investigation and action taken within ten working days.
    d. Any worker who is dissatisfied with the action taken on a complaint may appeal the complaint/action directly to the Personnel Appeals Committee. If the grievance is against the Executive Director, the worker may, if s/he wishes, appeal directly to the Personnel Appeals Committee, in which case the chair shall be responsible for following all procedures outlined above.
    e. In no case shall a worker be harassed, discriminated or retaliated against for filing such a complaint.
  2. If an unsuccessful applicant for a job or a BSC worker that has been fired feels that s/he has been discriminated against according to BSC affirmative action policies, s/he may appeal to the Personnel Appeals Committee. The Committee shall review the hiring/firing procedure for the position, and shall convey to the applicant the reasons s/he was fired or not hired.
  3. An employee who has a grievance which s/he has been unable to resolve that is not covered under any other section of the Personnel Code shall have the right to submit that grievance to the Personnel Appeals Committee.
  4. Personnel Appeals Committee may recommend to the Board any measures it deems appropriate or none, that are not in conflict with the BSC By-laws, Personnel Code or Federal, State, or local law.
  5. Remedies for complaints and grievances might include, but not be limited to, any of the following, as appropriate: compensation, reinstatement, hiring for the original or another position, training priority, etc. In the case of a complaint of harassment by a supervisor or another worker, disciplinary action could include, but not be limited to, transfer of job duties, verbal or written warning, or dismissal, for example. An no case shall a person be fired in order to reinstate or hire another person who was improperly fired or not hired.
  6. Any worker with a grievance may have the Member Advocate (if the grievance is submitted by a member), a friend, or another staff person appear with her/him on her/his behalf in any step of a grievance procedure. Additionally, the Member Advocate shall advertise his/her existence at Central Level and in all the houses and apartments. The Member Advocate shall con¬tact all complainants to advise them of rights and procedures and offer assistance, unless the member has requested confidentiality.


D. For appeals of Hiring Commission decisions, see Section IV.I., “Appeals of Hiring Commission Decisions.”


E. For Dismissal Appeals, see Section VI.E and VII.B. :


F. For grievances involving sexual harassment, see the appendix to the Personnel Code, Sexual Harassment Grievance Procedure.