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.
Language Assistance
For assistance with translation or interpretation, please contact Cultural Linguistic Services.
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.
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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.
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Dismissal
Dismissal of University Staff employees with an expectation of continued employment may be grieved through step 4 and may begin at step 2.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Was substantial evidence present to establish that a violation took place?
The evidence cannot be mere rumor or unsupported accusations.
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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.
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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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Informal Resolution
The best way to resolve a dispute is to discuss the situation with your manager, supervisor or human resource representatives. Both parties should make every effort to resolve the problem. This type of discussion can be challenging, but the university provides you with several resources to assist with this process.
Your Division HR Representative, EAO and the Ombuds Office can provide you with additional guidance or assistance.
Step 1: Employee Submits a Written Grievance within the School, College, or Division
The Step 1 meeting is designed to resolve grievances by informing administration within the school, college, or division of the alleged violation of a university work rule, university or department policy, procedure, practice, or a law. The grievant may request that this step be skipped in cases of dismissal or suspension. To file a Step 1 Written Grievance, submit the University Staff Grievance Form (wisc.edu) to your supervisor or division HR representative. Submit your grievance within 30 calendar days from the date you first became aware, or should have become aware, with the exercise of reasonable diligence, of the matter grieved. Grievances regarding discipline or dismissal should be filed directly to Step 2.
Tips on what to include in a grievance:
- Include your name and the date submitted.
- Include the action being grieved. Describe exactly what happened in as much detail as possible.
- Identify the work rule, policy, procedure or law that you feel was violated.
- Identify who you feel was responsible for the violation.
- Attach any supporting documentation that you believe supports your viewpoint.
- Outline what type of relief you are seeking. For example, “I am requesting that my 5-day suspension be reduced to a 3-day suspension.”
Preparation tips for the meeting:
- You will have a designated time frame in which to present your case. (usually no more than 1 hour).
- Be prepared with documentation to support your case. This could include timesheets, unit policies/procedures, signed witness statements, pictures or other proof of the violation. It’s helpful to send documents to your division representative ahead of the meeting.
- Review page 3 of 18.01 Corrective Progressive Discipline (wisc.edu) to determine whether any of the steps of Just Cause were not met. If not met, be prepared to explain why you believe each step identified was not met.
- Be prepared to present your case verbally. Make notes or talking points in advance to help keep yourself organized.
- You may choose to submit a written statement in lieu of attending the meeting. If this is your preference, notify your division representative of this choice.
- If you need interpretation or translation, notify your representative and/or contact Cultural Linguistic Services.
- If you need accommodations to participate in the meeting, contact your Divisional Disability Representative (DDR).
What to Expect at the Meeting
- The division representative will contact you to confirm receipt of your grievance and schedule a meeting time.
- Typically, the divisional representative will bring an additional management representative to document the discussion.
- You have the right to have a representative present as well.
- You and your representative (if you have decided to have one) will receive notice of the meeting date, time, and location.
The division representative will also speak to management and review the submitted materials. The division representative will provide a written decision to the employee within 30 calendar days from the date the grievance was received.
Step 2: Grievance Hearing with the Office of Human Resources (OHR)
The step 2 hearing is an internal evidentiary hearing to determine whether there was a violation of a university work rule, university or department policy, procedure, practice, or law. If you are not satisfied with the outcome of the Step 1 decision, or if you do not receive a response within the 30 calendar-day time limit, you may appeal to OHR–Workforce Relations within 14 calendar days of receipt of, or deadline for receipt of, the Step 1 decision. If choosing to file directly to step 2, an employee must submit a written grievance to OHR within 30 calendar days from the date the employee first became aware or should have become aware with the exercise of reasonable diligence, of the matter grieved. Grievances regarding discipline or dismissal should be filed directly to step 2. If the employee does not appeal the step 1 decision within 14 calendar days, the grievance will be considered settled and will not be eligible for further appeal.
To file a Step 2 Grievance, you may use the same form University Staff Grievance Form (wisc.edu) and attached documents (if you have any) that were used in Step 1. Please check the box to indicate that the form is being used for Step 2. Email the form and documents to wr@ohr.wisc.edu. OHR–Workforce Relations will assign an Employment Relations Specialist (ERS) to hear your case. The ERS will schedule a hearing time with you.
Preparation for the Hearing
- You will have a limited time frame in which to present your case. (usually no more than 1 hour).
- Remember that the ERS does not work in your school, college or divisionand may need additional materials that you did not have to provide in Step 1, such as unit policies and procedures. Be prepared to provide these materials at the hearing.
- Be prepared to identify everyone involved in the dispute by name and job title.
- Be prepared with documentation to support your case. This could include timesheets, unit policies/procedures, signed witness statements, pictures or other proof of the violation.
- If your grievance is in regard to discipline or dismissal, review page 3 of 18.01 Corrective Progressive Discipline (wisc.edu) to determine whether any of the steps of Just Cause were not met. If not met, be prepared to explain why you believe each step identified was not met.
- Be prepared to present your case verbally. Make notes or talking points in advance to help keep yourself organized.
- You may choose to submit a written statement in lieu of attending the meeting. If this is your preference, notify the ERS assigned to your case.
- Individuals at the meeting could include you, your representative (if desired), the Employment Relations Specialist from Workforce Relations assigned to hear your case, and an interpreter/translator from Cultural Linguistic Services (if requested).
What to Expect at the Hearing
- The ERS will meet with you and management separately.
- The ERS may have a note taker attend the hearing for documentation purposes.
- You have the right to have a representative present at the hearing.
- You and your representative (if desired) will receive notice of the meeting date, time and location.
- The ERS will provide a written decision to you within 30 calendar days from the date the grievance was received.
Step 3A: Impartial Hearing Panel and Campus Hearing Officer
The Step 3 impartial hearing panel provides a grievant with an impartial review of the grievance. The hearing panel is comprised of our impartial hearing officers: two representatives appointed by campus administration and two representatives appointed by University Staff shared governance. The hearing panel will conduct a hearing on the case in accordance with the impartial hearing panel guidelines. If the committee reaches a decision (i.e., to sustain, deny or modify the grievance), the committee will provide a report and recommendation to the Chancellor or Chancellor’s designee. The Step 3A campus hearing officer provides a grievant with an impartial review of the grievance in cases where the impartial hearing panel is unable to reach a decision (i.e., deadlock).
Step 3B: Wisconsin Employment Relations Commission (WERC)
According to the provisions of Wis. Stat. § 36.115(6), University Staff employees who held permanent status in the classified civil service prior to July 1, 2015, retain Chapter 230 appeal rights. Therefore, these employees may choose to use the impartial hearing officer process (step 3A) for suspensions with loss of pay or dismissal; OR grieve a disciplinary action (other than written reprimands), layoff or dismissal using the WERC appeal process in place before July 1, 2015.
Step 4: Board of Regents Appeal
The step 4 Board of Regents review provides a final administrative review of the Chancellor’s decision, under step 3A, regarding an employee’s dismissal.
See also: Process Overview Chart