The WCMC Employee Complaint and Grievance Procedures apply to all regular, non-academic staff who have successfully completed the probationary period. Probationary employees may file a grievance only when the complaint involves illegal discrimination.
Employee Complaints Covered By Grievance - The grievance procedures as outlined below are for use when an employee feels he/she has been treated in a manner that violates WCMC policy or procedures or in a manner that violates federal or state law.
An employee may choose to act alone in any step of the Grievance Procedures or may be accompanied by a co-worker, legal counsel or a personal friend/adviser. If the employee decides to bring a third party to any meeting outlined in the procedures, the employee is expected to present his/her own case and views without input from the third party.
Protection Against Retaliation
An employee may not be discriminated or retaliated against for pursuing a grievance or for supporting a co-worker's right to bring a grievance. If an employee alleges such activity has occurred, a separate complaint may be initiated at Step II of the Grievance Procedures.
The time limits established by these procedures may be extended by mutual agreement. If the employee fails to observe the time limits in any step, the grievance will be considered resolved to the employee's satisfaction. If WCMC fails to observe the time limits, the employee may request moving the complaint to the next step.
- Step I
- Within fifteen (15) working days of the occurrence giving rise to the grievance, the employee must submit a written, signed memorandum to the Employee Relations Office with a copy to the employee's department chair/head that identifies the nature of the grievance including the WCMC policy or federal/state law that is claimed to have been violated, and listing any persons the employee believes has knowledge of the events giving rise to the grievance.
- Within fifteen (15) days of receiving the grievance, a representative of the Employee Relations Office will hold a meeting with the employee and any other WCMC employee necessary for a resolution of the grievance. Following the meeting, the employee relations representative will have fifteen (15) working days to conclude the investigation and issue a written decision.
- Step II
- If the employee is not satisfied with the decision in Step I, within five (5) working days of receipt of the Step I decision, he/she may file a written memorandum to the Senior Director for Human Resources appealing the decision. The appeal must explain why the Step I decision was in error and what remedy the employee requests.
- Within fifteen (15) working days of receiving the appeal, the Senior Director for Human Resources will meet with the employee and any other WCMC employee believed to have information that will assist in the resolution of the appeal. The Senior Director has fifteen (15) working days to complete the review of the appeal and issue a written decision
- The Step II decision will be final and binding unless it involves the termination of the employee's employment with WCMC. In that case, the employee may seek a Step III review of his/her case.
- Step III
- In cases involving a Step II decision affirming the termination of an employee's employment with WCMC, an employee may, within five (5) working days from receipt of the Step II decision, file a written request with the Dean of the Medical College seeking a Grievance Panel Hearing.
- The Grievance Panel will consist of three WCMC employees designated by the Dean who will hear the employee's appeal. The Dean will designate one of the panel members as the chair of the panel. The panel members should not be from the same department as the employee and not be familiar with the circumstances of the grievance appeal.
- A Grievance Panel Hearing will be held within twenty-five (25) working days of receipt of the request. The grievance panel will hear from the employee and representatives of WCMC concerning the facts of the grievance and consider all pertinent information in reaching its decision. The Grievance Hearing may be recorded by the panel. If an audio recording is made, the employee may request a copy. The panel's deliberations are private and may not be recorded.
- The hearing is not a court procedure and does not have formal rules of evidence or procedures. The panel will apply procedures it believes are fundamentally fair. The panel will render its decision based upon the information presented and WCMC policy. The panel may only decide whether the employee was terminated in accordance with WCMC policy and if the termination was appropriate given the facts and circumstances. If the panel finds that the employee's employment was wrongly terminated, the panel may recommend the reinstatement of the employee to the former position with or without back pay.
- The Grievance Panel will issue a recommendation to the Dean within fifteen (15) working days of the conclusion of the hearing. The Dean will consider the panel's recommendation and issue a final and binding decision within five (5) working days.