Opposing the Passage of House Bill 1139 (State Grievance Procedure)

RESOLUTION OF THE EMPLOYEE FORUM

THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

June 5, 1996

 

WHEREAS, House Bill 1139 would make radical changes in the State grievance procedure for State Employees and in all agency grievance procedures; and

 

WHEREAS, these changes include severe limitations on the kind of disputes that may be considered under the grievance procedure, strict limitations on the amount of time Employees and agencies have to resolve a dispute before the Employee is obligated to file a contested case appeal, and the denial of any legal representation to an Employee during the agency or mediation phases of the grievance; and

 

WHEREAS, the proposal is extremely complex and would be difficult to administer, and would deny judicial review of the grievances of many Employees in favor of mandatory mediation; and

 

WHEREAS, the State Personnel Commission has already adopted rules designed to streamline agency grievance procedures, which is the stated aim of this legislation, and those rules are currently being implemented by agencies;

 

THEREFORE, BE IT RESOLVED, that the Employee Forum of the University of North Carolina at Chapel Hill opposes the passage of House Bill 1139 as premature and damaging to the State grievance resolution process;

 

AND BE IT FURTHER RESOLVED, that the Forum opposes any changes in the State grievance procedure that would limit the topics to be considered under the grievance procedure; that would limit the Employee’s options with regard to the resolution of a grievance, either by imposing inflexible time limits, imposing mandatory mediation or by denying judicial review of grievances currently afforded such review; or that would deny the Employee effective assistance or representation at any stage of the grievance process;

 

AND BE IT FURTHER RESOLVED, that the Forum requests that the Chancellor and his Administration convey and support the concepts of this resolution in dealings with the University’s General Administration, the North Carolina State Legislature, and the State Personnel Commission.

Signed on behalf of the Delegates of the Employee Forum

 

Ann Hamner, Chair

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