Administrative and Professional Handbook

Problem-Solving and Grievance

When people work together, occasional problems inevitably arise. It is the University’s policy to provide a fair and orderly process for the resolution of work-related problems.

Informal Problem-Solving

Most work-related problems can and should be resolved within the department. If you have a work-related problem, the University strongly encourages you to schedule a meeting with the person to whom you report, and make a good-faith effort toward resolution. If you believe that it would be inappropriate to discuss the problem with that person, you should initially contact your Human Resources Officer. Such a meeting should be held early to minimize polarization of positions.

If you need assistance in your attempts at problem solving, you may call the Office of Employee Relations. Every effort will be made to keep your complaint confidential. The Office of Employee Relations will only involve others if it is necessary to resolve the problem or required by law.

Grievance Procedure

If you have tried informal problem-solving but believe that the problem is still unresolved, you may follow the University’s formal grievance procedure.

The procedure is strictly internal to NYU, so the presence of legal counsel is not permitted at any stage of the process.
If you are grieving a discharge for cause, see “Grievances Arising from Discharge for Cause,” page 18. For all other grievances, see below.

Eligibility
The grievance procedure is available to full-time permanent members of the administrative and professional staff, with these exceptions:

Administrative and professional staff who have not yet completed the six-month probationary period.
Vice presidents, associate and assistant vice presidents, deans and associate and assistant deans, and those whose primary function is teaching or the direction of academic programs.

Procedure
Step 1 —You should first attempt to resolve the problem informally within the department or through the Human Resources Representative as described above.
Step 2 —If you have been unable to resolve the problem informally within your own department, you may call the Employee Relations Office of the Human Resources Division at 998-1242. Every effort will be made to keep your complaint confidential. The Employee Relations Office will only involve others if it is necessary to resolve the problem or required by law.

If you wish to file a formal grievance, submit a Statement of Grievance form (available from the Vice President for Human Resources) to the employee relations specialist with whom you discussed the problem. In lieu of the form, you may submit a memo detailing:
1. Against whom you are grieving (the person you believe is responsible for the problem)
2. What happened
3. When it happened
4. What resolution you want

The Statement of Grievance form or memo must be submitted to the specialist within 15 working days of the incident or action you are grieving.

Upon receipt of your completed Statement of Grievance form or memo, the specialist will investigate the allegation, determine whether or not University policy was followed, and will attempt to bring about a satisfactory resolution.

Step 3—If the issue was not resolved at Step 2, you may request a meeting with the Vice President for Human Resources. A written request must be submitted to the Vice President within 10 working days of your receipt of the response from the specialist, Step 2.

The Vice President or designee will investigate the grievance and may call a conference of the parties involved in order to review all facts and attempt to reach a satisfactory resolution. You will get a written response to your grievance within 30 working days.

Step 4—If you are dissatisfied with the results of Step 3, you may request a review and final determination by the Vice President for Administration. This request must be submitted to the Vice President in writing within 10 working days of the Vice President for Human Resources’ response. The determination of the Vice President for Administration is final.

It is the University’s policy that no employee may be discriminated against or adversely treated for initiating or participating in a grievance proceeding.

Grievances Arising From Discharge for Cause

If you are grieving a discharge for cause, the matter may be referred directly to the Vice President for Human Resources and then to final and binding arbitration before a three-member panel.

Eligibility
This procedure is available to full-time permanent administrative and professional staff members, with these exceptions:

Administrative and professional staff members who have not yet completed the six month probationary period.
Vice-presidents, associate and assistant vice presidents, deans and associate and assistant deans, and those whose primary function is teaching or the direction of academic programs.
Those who are directors (or equivalent) and above of a University-wide or school activity.

Procedure
You must file a grievance of discharge for cause with the Vice President for Human Resources within 10 working days of receipt of notice of discharge. Complete a Statement of Grievance form, available from the Office of the Vice President. In lieu of the form, you may write a memo detailing:

1. Against whom you are grieving (the person you believe is responsible for the problem)
2. What happened
3. When it happened
4. What resolution you want.
The Vice President for Human Resources or designee will, within 20 working days of receipt of the grievance, investigate and make a determination as to whether or not there was cause for the action.

If the grievant is dissatisfied with the determination, he or she may submit a request for a final and binding arbitration hearing to the Vice President for Human Resources. The request must be made in writing within 10 working days of the Vice President’s determination.

The Vice President for Human Resources will present the grievant and the respondent with a list of University faculty and administrators who have agreed to serve on arbitration panels. Each will select one panel member. These two panel members will select a chairperson from a chairperson’s list comprised of University faculty and administrators who have experience in employee relations.

The grievant and the respondent may choose to have someone assist them in presenting their cases during the hearing. However, since the grievance procedure prohibits the presence of legal counsel, neither may be represented by lawyers.
The chairperson and the Vice President for Human Resources will set a date, time and place for the hearing, which will be scheduled to take place as soon as possible following the panel selection, and the Vice President will notify the grievant, the respondent and the panel members of the arrangements. All participants will be provided with a copy of the hearing guidelines, Arbitration Under the New York University Grievance Procedure.

If necessary, the Vice President for Human Resources will ensure that any University employee called as a witness is available at hearing time and will also ensure that all University employees participating in the hearing are allowed sufficient time to do so with no loss in pay.

It is the responsibility of the panel to determine whether or not there was cause for the suspension or discharge. The panel will be guided by University policy in reaching its decision. The Vice President for Human Resources will be present at the hearing to provide information on University policy and procedure. The decision of the panel may not add to, subtract from, or in any way alter University policy.

The final determination of the panel must be forwarded in writing to the Vice President for Human Resources within 20 working days of the conclusion of the hearing. The Vice President will forward the determination to the grievant and the respondent and will ensure that the decision is implemented. The decision of the panel is final and binding.

The effective date of discharge shall not be affected by the initiation or furtherance of a grievance under this procedure. The discharge will stand unless or until such action is found to be without cause.

Any questions about the interpretation or application of the University’s Problem-Solving and Grievance Procedure shall be subject to final determination by the Vice President for Human Resources.