Time Off for Grievance Investigation for Employee Representatives
The Board interprets the Merit System Rule
3.129 as not providing employee representatives with unlimited and unconditional released
time to investigate grievances personally. The
Board recognizes the merit of providing related time in certain situations for an
employees representative to investigate a grievance, therefore:
An employees representative may be present at every stage of the grievance
procedure, including the first, oral stage.
If deemed necessary by the grievant, the grievant may request released time from
work for a representative to investigate a grievance at any time following the oral stage
of Step I of the grievance procedure.
C. Such a request is to be made in writing to
the representatives supervisor, with a copy to the resident director, and should
contain an indication of the reason released time is necessary.
D. The representatives
supervisor, with the approval of the resident director when required by the institution,
shall provide a reasonable amount of released time for the investigation, such time being
scheduled as soon as reasonably possible and preferably within the same work day,
consistent with the normal functioning of the employees department.
Furthermore, it will be a violation of
institutional policy to restrain, interfere, coerce, or discriminate against an employee
acting as a grievant representative in accordance with this procedure.
On the other hand, an employee acting as a
grievants representative shall not use time provided for grievance investigation for
other matters and will conduct business with dispatch.
If such a representatives use of regular working hours for consultation with
employees or supervisors interferes unduly with the proper performance of official duties
as an employee, the matter will be objectively discussed with the employee in order to
find a satisfactory solution.