Employee Grievance Procedure (Classified Service)

A grievance hearing provides a forum for an employee (grievant) and supervisor (respondent), or their representatives, to fully explain their positions in a grievance. A Certified Grievance Hearing Officer conducts the hearing, prepares a written report with recommendations to assist the agency in rendering a final decision. Below is a guide to the grievant and respondent (the parties) to help them prepare for the grievance hearing.

• The Hearing Officer presides over the hearing and has the authority to make the following determinations:
  • The admissibility and relevancy of testimony and evidence (documents/exhibits).
  • The need to recall witnesses.
  • Whether information/testimony becomes cumulative or repetitious.
• The Hearing Officer is authorized to tape record the hearing. No other taping is authorized.
• Both the grievant and the respondent must be present at the grievance hearing. However, you may also elect to have another employee, who has been approved by the department/agency, represent your position at the hearing (see personnel office or grievance policy for specific procedures).
• The hearing is limited to the grievant, respondent, representatives (if any), witnesses only when testifying, and others that the hearing officer may deem relevant. Spectators are not permitted.
• Generally, you are allowed 2½ hours each for the presentation of testimony, documents, and witnesses. The Hearing Officer may modify this time frame as deemed appropriate.
• Opening Statements: You should prepare a brief opening statement that summarizes what you will show through your evidence and your witnesses' testimony. It may be helpful to prepare a written statement that you can read.
• Witnesses: Prepare a list of your witnesses in the order you plan to call them. The parties are expected to exchange their lists prior to the hearing. The list should include the witness's name, job title, and a brief statement of what they have to say about the grievance issue(s). You are responsible for notifying your witnesses of the date, time, and location of the grievance hearing and for assuring that they are available when called. Following is an example of how the witness list should be prepared:
  Grievant's Witnesses
  Jane Doe, Health Services Tech: witnessed incidence
  John Doe, Unit Supervisor: previous supervisor, testimony about quality of work
  Respondent's Witnesses
  Patty Doe, Project Manager: witnessed incidence
  Clark Doe, Administrative Manager: testimony about policy
• Questioning of Witnesses: Testimony from witnesses is given by answering specific questions from the parties. You should prepare, in advance, a list of questions to ask your witnesses in order to present your case. It's a good idea to first lay a foundation by asking a series of questions about the witness. For example:
  • Would you state your name for the record?
  • What is your job/job title?
  • What is your relationship to (grievant/respondent)?
  • Were you present on (date of event at issue, if appropriate)?
  • Will you describe what you saw?
  Questions should be as specific as possible; e.g., Who (what) did you see? What did (name) say? Who else was there? What time was it? Are you aware of the (name of policy)? How did you learn about it? What does it say? What is your understanding?
  You will be allowed to question witnesses for the opposite side. While you should attempt to prepare as many questions as possible in advance, you should also be prepared to take notes during their testimony so that you can ask them your questions during cross examination.
• Affidavits: Opposing parties cannot question (cross examine) an affidavit. For this reason, affidavits do not carry the same weight as personal testimony. The hearing officer will determine whether to allow affidavits to be submitted, and if they are allowed, will determine how much weight to give them when preparing the report/recommendation. Affidavits should be dated, signed, witnessed, and notarized.
• Exhibits: Documents that are introduced (i.e., a written reprimand; a time sheet, a policy, a letter, a memo, a note, a job description, etc.) are referred to as exhibits. You should prepare in advance a list of exhibits, in the order they will be presented. The parties are also expected to exchange the lists prior to the hearing. The actual documents/exhibits will be exchanged during the hearing. The following is an example of how these lists should be prepared.
  Grievant's Exhibits
  Letter dated June 6, 20xx
  Memo dated July 7, 20xx
  Job description dated December 1, 20xx
  Respondent's Exhibits
  Policy No. 1234, effective April 1, 20xx
  Counseling note dated May 18, 20xx
  Written reprimand, June 3, 20xx
• Recesses may be requested or may be called by the Hearing Officer.
• Closing Statements: You should prepare a brief closing statement, summarizing the points of your case.

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