N.Y. Comp. Codes R. & Regs. tit. 8 § 400.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 400.6 - Grievance procedure steps

(a) Step 1. The employee, or his representative, shall present the grievance orally or in writing on forms to be provided by the college to the employee's immediate supervisor or to the local administrator not later than 45 calendar days after the date on which the act or omission giving rise to the grievance occurred. The local administrator may require the grievant to meet with the grievant's immediate supervisor in an effort to settle the grievance informally. The person receiving the grievance shall take appropriate action to insure that a proper and timely disposition of the grievance is made and shall reply to the employee or his representative, in writing, within five working days following the date of submission.

(b) Step 2. In the event the employee or his representative wishes to appeal the decision made at step 1, the appeal must be presented, in writing, on forms to be provided by the college, within 15 working days of the receipt of the step 1 decision, to the local administrator. A copy of such appeal shall also be sent to the person who passed upon the grievance at step 1. Such appeal shall contain a short, plain statement of the grievance and indicate the redress, relief or remedy sought. The president shall designate a person to hear the appeal at step 2, and such designee shall meet with the employee or his representative, or both, within 20 working days after the receipt of the appeal by the local administrator to review the grievance and shall issue a written decision to the employee or his representative by the end of the fifteenth working day following the day on which the review was held.

(c) Step 3. An appeal from a decision at step 2 shall be presented by the employee or his representative in writing, on forms to be provided by the college, to the university grievance officer within 15 working days of the receipt of the step 2 decision. A copy of the appeal shall be sent to the local administrator. The university grievance officer or his designee, shall meet within 20 working days after receipt of the appeal with the employee and/or his representative, if they so desire, for a review of the grievance. If a meeting is not requested, the university grievance officer shall make his determination on the basis of the facts submitted to him by the parties. A written decision shall be issued to the employee or his representative by the end of the twentieth working day following the day on which the step 3 review was held.

(d) Step 4. An appeal from an unsatisfactory decision at step 3 shall be presented in writing, on forms to be provided by the State, by the employee or his representative within 15 working days of receipt of the step 3 decision, to the grievance appeals board. The grievant shall also furnish a copy to the university grievance officer.

(e) The time for presenting a step 1 grievance shall be extended by the time that an employee is absent from the job through illness or disability, provided such illness or disability extends for at least 10 calendar days.

(f) Failure to answer a grievance within the time limit prescribed in steps 1, 2 or 3 of the grievance procedure shall permit the employee or his representative to progress the grievance to the next step for decision.

(g) Any grievance not appealed by the employee or his representative to the next step of the grievance procedure within the time limit prescribed shall be considered settled on the basis of the last decision and is not subject to further appeal or consideration.

(h) The university grievance officer may, if he deems it appropriate, direct that a verbatim record of the step 3 review be taken. A verbatim record of the step 1 and step 2 reviews shall not be made.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 400.6