University of Wisconsin–Madison

Grievances in the Workplace: University Staff

Conflict resolution and clear communication among employees, supervisors, faculty, and students, are fundamental to establishing and maintaining a positive and effective work environment. If a problem arises and an informal resolution cannot be found, then a grievance may be used to address the concerns.

This page is a supplemental tool and does not replace the University Staff Grievances Policy (wisc.edu). Employees are encouraged to refer to the policy for the most complete information. Not all grievances are entitled to each step in the grievance process.

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Questions?

Contact your Division HR Representative or Workforce Relations at wr@ohr.wisc.edu.


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Getting Started

This page is intended as a resource for employees in the “University Staff” employment category. University Staff is defined as an employee who is non-exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) and therefore is eligible to receive overtime for all hours worked over forty (40) in a pay period. University Staff appointments may be ongoing or Fixed-term Finite. This page is not intended for Academic Staff, Faculty, Limited appointee, Post Degree Training, Student Hourly, or Temporary Employees. If you are not sure of your employment category, please review your appointment letter or contact the human resources office in your college, school, or division.

If you are unclear about the University Staff Grievance policy or any of the explanations below, please contact the human resources office in your school, college, or division for assistance.

University Staff Grievance Forms

What Is a Grievance?

UW–Madison strives to hire, develop and retain a high-performing work force. Despite the best efforts of both managers and employees, there may be instances where disputes arise. The University Staff Grievance Policy provides a structured process through which employees may address and seek to resolve workplace concerns.

Grievable Issues

If your grievance is related to civil rights, ADA, HIPAA, Public Records or Sexual Misconduct (Title IX), please contact the Office of Compliance.

If your grievance is about one or more of the following issues, it is eligible for the grievance process.

  • Disciplinary Actions

    Disciplinary actions pursuant to the corrective action policy may be grieved through step 3. Written reprimands may be grieved ending at step 2.

  • Dismissal

    Dismissal of University Staff employees with an expectation of continued employment may be grieved through step 4 and may begin at step 2.

  • Policy and Procedures

    A grievance may be filed to determine whether the action being grieved was made in accordance with relevant University policies, rules or procedures (e.g., compliance with probationary period policy, performance management policy). This includes grievances on employee layoffs and hazardous or unsafe working conditions. These issues may be grieved ending at step 2.

Not Grievable Issues

If your grievance is about one or more of the following issues, it is not eligible for the grievance process. You will see some cross over between Grievable Issues and Management Rights. The key is “just cause.” If you can show that actions were taken without just cause or that a policy/procedure was violated, you can grieve them.

  • Discretionary Actions

    Discretionary actions such as salary adjustments, lump sum awards, wages, hours of work, assignment of overtime, work standards, staffing levels, work assignments, job title assignments, fringe benefits, performance improvement plans, and performance evaluations may not be grieved unless written policies, rules, or procedures are not being followed.

  • Termination of Employees on Probation

    Non-permanent employees such as probationary employees who have been released during their probationary period or dismissal may not grieve their release or whether there was just cause for dismissal.

  • Management Rights

    Employees may not grieve activities falling under management rights. University management possesses the sole right to operate to carry out the mission and goals of the university. Management rights include, but are not limited to:

    • The ability to utilize personnel, methods, and means in the most appropriate and efficient manner possible as determined by management.
    • To manage and direct University employees.
    • To suspend, demote, dismiss, or take other appropriate disciplinary action against employees for just cause.
    • To determine the size and composition of the workforce and to lay off employees in the event of lack of work or funds or under conditions where management believes that continuation of such work would be inefficient or nonproductive.
    • To determine the mission of the University, the content of written policies and procedures, and the methods and means selected to fulfill that mission.
    • The management of position classification, position qualification standards, establishment and abolition of classifications, and allocation of positions to classifications.

Just Cause

Just cause is a standard of fairness which is established when the employer can answer “yes” to all of the following questions. These are the standards against which a disciplinary action will be measured upon appeal. A “no” to any one question will likely result in the action being overturned upon appeal. In your written grievance, it is important to explain which steps of Just Cause you felt were not met and why.

  • Did the employer give the employee warning about the possible discipline?

    The employee must have been forewarned that the particular behavior would result in discipline. This may have occurred verbally, or by means of a policy which stated the consequences of noncompliance or the Work Rules for Classified Employees.

  • Was the employer’s order or rule related to the safe and efficient operation of the work unit or institution?

    The broken rule or disobeyed directive must be reasonably related to the University’s mission or business.

  • Did an investigation take place to find out if the employee actually violated the order or rule, and if so, the reasons for it?

    Refer to the investigation during the investigative/pre-disciplinary process.

  • Was the employer’s investigation fair and objective?

    The employer should interview all witnesses and consider all available information not just information that supports the discipline. In case of conflicting accounts, the employer may have to make credibility determinations.

  • Was substantial evidence present to establish that a violation took place?

    The evidence cannot be mere rumor or unsupported accusations.

  • Did the employer apply its rules equally?

    If it appears that other similarly situated employees have been treated differently, the employer must be able to provide reasonable explanations for what appears to be unequal treatment.

  • Was the penalty reasonable?

    The degree of discipline must be related to the seriousness of the offense and to the employee’s record of progressive discipline. Typically, the employer’s failure to take corrective discipline earlier will not be viewed by an arbitrator as justification for skipping a disciplinary step and taking more severe discipline.

How To Count Days

You must submit your grievance within a certain number of days from the date you became aware of the issue. University representatives must respond to you within a certain number of days from the date they received your grievance. The information below explains how those days are counted.

  • The day the grievance is received is day zero (0).
  • Counting days will be calendar days, which means all days on the calendar, including Sunday through Saturday and legal holidays.
  • When a grievance due date falls on a Saturday, Sunday, or legal holiday, the grievant must turn in the grievance by the next business day.

Rights to a Representative/Role of the Representative

You have the right to assistance from a representative of your choice at any step in the grievance process. A representative is someone you choose to support you throughout the grievance process. The representative could be a family member, friend, coworker, or other designated person who helps you navigate the grievance process.

  • Notify your division representative of your representative. Include their name and title or relationship to you.
  • If you choose a representative who is an attorney, the employer will also have an attorney present to represent them. It’s helpful to give at least a 24-hour notice that your representative is an attorney in order to allow time for management to request an attorney. If management is unable to obtain legal representation prior to the meeting, the meeting could be rescheduled.
  • Your representative may help you prepare your grievance. This may be done during a reasonable period of paid time. Overtime will not result from this grievance activity. Notify your supervisor when you will be using work time for grievance preparation.
  • During the meeting or hearing, the representative’s role is to act as a witness to the meeting, take notes, and request clarification on points that are unclear.
  • During the meeting, the representative may not answer questions for you or interfere with or obstruct the meeting in any way.

Steps in the Grievance Process

The steps to file a grievance are in general order below. Informal Resolution is encouraged prior to starting the formal grievance process (Step 1). Not all grievances are entitled to every step in the process and/or may be entitled to skip a step, therefore it is important to read through all of the steps before deciding on your starting point.

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