CHAPTER 12

GRIEVANCE PROCEDURES

STATEMENT OF POLICY

It shall be the policy of the Hospital to promote favorable relations between management and its employees by resolving complaints expeditiously; prevent similar complaints; assure fair and equitable treatment of all employees; and promote harmonious working relationships among all levels of employees.

This chapter outlines the responsibilities and procedures to be followed by employees in the presentation of an informal and formal grievance. All levels of management shall carefully and promptly respond to an employee’s grievance and shall be guided by these procedures.

12.000 APPLICABILITY

The regulations shall apply to all permanent classified employees.

12.100 DEFINITION

A grievance is any question or complaint filed by a permanent employee alleging that there has been a misinterpretation, misapplication or violation of a personnel statute, rule, regulation, written policy which directly affects the employee in the performance of his official duties; or that he has received prejudicial, unfair, arbitrary, capricious treatment in his working conditions or work relationships.

The time frames provided in this chapter will serve as a guide and may be extended or shortened based on concurrence of the parties involved.

12.200 COVERAGE

Grievances may include, but are not limited to, such actions as employee-supervisor relationships, duty assignments not related to job classification, shift and job location assignments, hours worked, working facilities and conditions, policies for granting leave, and other related matters.

12.300 EXCLUSIONS

12.301 General Exclusions

The following actions are not covered by the grievance procedures:

A. Disqualification of an applicant;

B. Disqualification of an eligible;

C. Examination ratings;

D. Removal during initial probationary period;

E. Appeals from classification determinations;

F. Appeals from adverse personnel actions;

G. Allegations or complaints of discrimination; and

H. Appeals of performance evaluations.

12.302 Grievance Procedures for Employee Organizations

The procedures are also not applicable when the employee is in a unit covered by an exclusive recognition, as an employee organization, which has negotiated grievance procedures for that unit. When negotiated procedures exist, they shall be the exclusive procedures available to hospital employees in the unit for settlement or group grievances.

12.303 Equal Employment Opportunity Discrimination Complaint

When an aggrieved employee submits a written allegation of discrimination on grounds of race, color, religion, sex, national origin, marital status, age, disability or political affiliation in connection with a matter which is subject to the Hospital’s grievance procedures, as well as, the EEO Discrimination Complaint Procedures, that allegation shall be processed under the EEO Discrimination Complaint Procedures.

12.400 GENERAL PROVISIONS FOR USE OF GRIEVANCE

PROCEDURES

12.401 Freedom from Reprisal or Interference

A. An employee and his representative shall be free to use the grievance system without restraint, interference, coercion, discrimination, or reprisal.

B. An employee, whether acting in an official capacity for the Hospital, or on any other basis, must not interfere with, or attempt to interfere with, another employee’s exercise of his rights under the grievance system. To be fully effective, the spirit as well as the letter of this non-interference requirement must be enforced. It is not enough for an official to abstain from overt threats or interference. He should refrain from making any statement or taking any action, which has the appearance or even the flavor of a threat, interference, or intimidation.

12.402 Employee’s Status During Grievance Procedures

An employee’s status during each procedural level shall be status quo.

12.403 Right to Seek Advice

All levels of management will provide an opportunity for an employee to communicate with and seek advice from:

A. The Hospital’s Human Resources Office;

B. The EEO Coordinator or EEO Counselor; or

C. A supervisory or management official of higher rank than the employee’s immediate supervisor.

12.404 Representation

A. An employee has the right to present a grievance without representation.

B. An employee has the right to present a grievance with representation.

1. An employee has the right to be accompanied, represented, and advised by a representative of his choice at any stage of the grievance proceedings.

2. An employee may change his representative, but to do so, he must notify his immediate supervisor and the Administrator of the change in writing.

3. A person chosen by the employee must be willing to represent him.

12.405 Official Time for Presentation of the Grievance

A. An employee must be given a reasonable amount of official time to present his grievance if he is otherwise in an active work status.

B. An employee’s representative, if he is an employee of the Government of Guam and is otherwise in an active work status, must be given a reasonable amount of official time to present the grievance.

C. There is no requirement that the official time for the presentation include time for investigation or preparation, or that it includes travel expense or per diem travel allowance or consultation with private attorney.

D. When an employee must travel outside the hospital, the employee is afforded one-half hour to and one-half hour from the official schedule site. Employee must report back to work status upon the close of the meeting. Employees opting not to return to work must sign annual leave.

12.406 Termination of Grievance

A. An employee who has filed a grievance may terminate the grievance at any time.

B. Failure on the part of the employee to proceed to a higher step of the grievance procedure within the time period specified will terminate the grievance.

12.407 Management’s Responsibility for Timely Action and Settlement

At the Lowest Possible Level

A. It shall be the responsibility of management to settle grievances fairly and promptly at, or near the organizational level where the employee brought the grievance to their attention.

B. Failure by management to render a decision to the employee within the allotted time at any step constitutes denial; the employee may then proceed to the next step of the grievance procedures.

12.500 STEP 1 – INFORMAL GRIEVANCE PROCEDURES

12.501 Management Responsibility

An employee’s grievance may or may not be objectively justified. What is important is that the grievance is real to the employee. When the grievance is well founded, management has both a duty and a need to eliminate the cause. When the grievance is not well founded, it is equally important to reach an understanding based on the full facts. Therefore, the informal procedure should assure consideration of every employee’s grievance with a degree of promptness, sympathy, understanding, fairness, competence, and authority which convinces the employee that he has been treated fairly.

12.502 Settlement at the Lowest Possible Level of Management

The informal procedures should be as simple as possible consonant with bonafide consideration of grievances. It should encourage settlement of matters at the lowest possible administrative level in the shortest possible time and should not, therefore, require any written explanation from the employee. However, the employee may present his grievance under the informal procedures, either orally or in writing, and he should not be prevented from submitting a written explanation if he desires.

12.503 Supervisor’s Responsibility

A. Normal day-to-day discussions between employees and supervisors regarding working conditions and related employment matters are the most constructive and expeditious means of developing and enhancing favorable and effective work relationships.

B. Each employee of the Hospital has the right to present matters to his supervisor and/or department head, and each supervisor and or department head has the obligation to act promptly and fairly upon them, seeking advice and assistance of others when necessary.

12.504 Employee’s Responsibility

A. Each employee is expected to make a concerted effort to achieve informal settlement of his grievance. He should promptly bring his grievance to the attention of the appropriate supervisory level.

B. Tolling Period: In counting the number of days for each step, if the last day of the period falls on a weekend, the filing time or receipt time falls on the next working day.

12.505 Using the Informal Grievance Procedure – Step 1

A. Initiation by Employee

In keeping with the personal nature of matters covered by grievance procedures, grievances can only be initiated by employees, singly or jointly; they may not be initiated by employee organizations. Employee organizations may be permitted to present a grievance on behalf of an employee or a group of employees when requested to do so by the employee or employees.

B. Time Limit

1. An employee may present a grievance to his supervisor and/or department head concerning a continuing practice or condition at any time. Grievances concerning a particular act or occurrence must be presented within 15 calendar days of that action or occurrence.

2. The immediate supervisor and/or department head shall render a decision within 10 calendar days of the presentation of the grievance.

C. Form of the Grievance

An employee may present a grievance under the informal procedure either orally or in writing.

D. Non-rejection Provision

A grievance may not be rejected in the informal procedure for any reason. If the grievance is not timely or consists of a matter not covered under the grievance system, the employee should be so advised but he must be allowed to submit his grievance under the formal procedures if he insists.

E. Mandatory Use of the Informal Procedure

An employee must complete the informal procedure before the Hospital may accept from him a grievance concerning the same matter under the formal procedure.

12.600 STEP 2 – FORMAL GRIEVANCE PROCEDURES – NEXT ADMINISTRATIVE LEVEL (DIVISION MANGER)

12.601 Presentation of the Grievance – Step 2

A. An employee is entitled to present a grievance under the formal procedure if:

1. he has completed the informal procedure; and

2. the grievance is not satisfactorily resolved at the informal level; and

3. the immediate supervisor and/or department head failed to render a decision within 10 calendar days of the presentation of the grievance at the informal level.

B. The grievance presented in Step 2 must:

1. be in writing on a form prescribed by the Administrator;

2. contain sufficient detail to identify and clarify the basis for the grievance;

3. specify the remedy requested by the employee; and

4. be submitted to the division manager who is the next higher supervisor than the immediate supervisor and/or department head within 5 calendar days after receipt of the answer in Step 1 or after the answer was due.

12.602 Responsibility of Division Manager

A. The Division Manager must determine whether the grievance is timely, is covered by the grievance procedures, and has been processed through the informal procedure.

B. The Division Manager shall make a positive attempt to resolve the grievance. He shall render a decision, in writing, to the employee within 5 calendar days of receipt of the written grievance.

12.700 STEP 3 – FORMAL GRIEVANCE PROCEDURES – Part A (Administrator) and Part B (Personnel Committee Board of Trustees)

PART (A) ADMINISTRATOR

12.701 Presentation of the Grievance – Step 3

A. An employee is entitled to present a grievance under Step 3 if:

1. he has completed Step 2 of the procedures; and

2. the grievance is not satisfactorily resolved at Step 2 level; or

3. specify the remedy requested by the employee; and

4. be submitted to the Administrator within 5 calendar days after receipt of the answer in Step 2 or after the answer was due.

12.702 Hospital Grievance Committee

A. Appointment of Committee

Within 5 calendar days of receipt of the written grievance from the employee, the Administrator shall appoint a Grievance Committee to investigate the circumstances of the grievance and to make a recommendation as to its disposition.

B. Committee Membership

The Committee shall consist of five members who are permanent government employees; two members from the employee’s peer group (class of positions within the same pay grade) and two members who are permanent employees at the managerial level, and one member other than a peer or a managerial level employee.

C. Responsibility of the Committee

The Committee must determine whether the grievance is timely, is covered by the grievance procedures, and has been processed through the informal procedure.

D. Committee Inquiry

The Committee shall be expected to convene and initiate a grievance inquiry appropriate to the nature and scope of the issues involved in the grievance. The inquiry will typically include the securing of documentary evidence and personal interviews in an effort to fully understand the issues and obtain the maximum information available pertinent to the issues.

E. Grievance File

When the Committee begins a grievance inquiry, the Committee must elect a Committee Chairperson who shall establish an employee grievance file. This is an independent file, separate and distinct from the personnel folder. The grievance file is the official record of the grievance and must contain all documents pertaining to the grievance including:

1. statements of witnesses;

2. records or copies of records; and

3. reports of personal interviews.

F. Open Record

The grievance file is an open record. It is open for review by the employee and his representative and must not contain any document that is not available to the employee. Information to which the Committee is exposed which cannot be made available to the employee in the form it was received must be included in a file in a form, which the employee can review or it must not be used.

G. Hearing

The Committee shall conduct its meetings and hearings during working hours and personnel called to attend the hearings shall do so without loss of salary. Hearings shall be informal and technical rules of evidence shall not apply. Proceedings of the investigation shall be recorded in summary form and shall contain all pertinent facts brought out during the investigation.

H. Committee Report

The Committee shall complete its investigation within 20 calendar days of the date the Committee was appointed and shall submit a written report of its findings and recommendations to the Administrator within 2 calendar days following completion of its investigation.

Management has a limited right to appeal a decision made by the Grievance Committee where the decision is contrary to law.

PART (B) PERSONNEL COMMITTEE –BOARD OF TRUSTEES:

The Administrator shall make his recommendations to the Personnel Committee Board of Trustees upon receipt of the summary from the Grievance Committee within 5 days.

The Personnel Committee-Board of Trustees shall review the Grievance Committee findings. Upon the review, the Administrator shall issue a written decision to the employee within 2 days of meeting with the Personnel Committee. In the event, the Personnel Committee is unable to meet, the Administrator may issue the decision without the Personnel Committee’s review within the 5 days.

12.800 STEP 4 - FORMAL GRIEVANCE PROCEDURE - APPEAL TO THE BOARD OF TRUSTEES

12.801 Presentation of the Grievance - Step 4

A. An employee is entitled to present a grievance under Step 4, if:

1. he has completed Step 3 (PART A and B) of these procedures;

2. grievance is not satisfactorily resolved at the Step 3 level; or

3. Personnel Committee-Board of Trustee or Administrator failed to render a decision within 30 calendar days of the submission of the grievance.

B. If the Personnel Committee-Board of Trustees or Administrator’s decision is considered unacceptable, the aggrieved employee may request an appeal in writing for review and determination to the Hospital’s Board of Trustees within 3 workdays following the receipt of the Personnel Committee or the Administrator’s reply. The written appeal request shall contain detailed reasons for the appeal and all papers submitted in Step 1 and 2.

C. The Board of Trustees will promptly consider the complaint and all previous actions thereon and render a decision within 30 calendar days of the submission of the grievance to the Board of Trustees step 4 level.

12.900 STEP 5 - APPEAL TO THE CIVIL SERVICE COMMISSION

12.901 Presentation of the Grievance - Step 5

A. An employee is entitled to present a grievance appeal under Step 5, if:

1. he has completed Step 4 of these procedures;

2. the grievance is not satisfactorily resolved at the Step 4 level;

3. the Board of Trustees failed to render a decision within 30 calendar days of the submission of the grievance at the Step 4 level;

4. there has been a violation of the Government Code or Personnel Rules and Regulations;

5. the procedural rights of the employee filing the complaint as outlined have been disregarded;

6. the decision of the official(s) of the Hospital has been unjust, inequitable of not in accord with the facts

7. the Personnel Committee-Board of Trustees or the Administrator fails to act on the Grievance Review Board's decision.

B. The grievance presented in Step 5, must:

1. be in writing on a form prescribed by the Civil Service Commission;

2. contain sufficient details to identify and clarify the basis of the grievance;

3. include copies of the grievance forms submitted in Steps 2, 3, and 4;

4. specify the personal relief requested by the employee or the department head; and

5. be submitted to the Civil Service Commission within 5 calendar days after receipt of the answer in Step 4, or after the answer was due.

12.902 Civil Service Commission

Commission Investigations

A. The Civil Service Commission shall review the official grievance file and all relevant written representations.

B. The Commission may, in its discretion, afford the parties an opportunity to appear personally and present oral arguments and representations.

12.950 ASSISTANCE IN PROCESSING GRIEVANCE

Human Resources Division shall be available to assist both the employee and the employer in the proper procedure for processing a grievance. Appropriate forms must be used for the grievance.

GUAM MEMORIAL HOSPITAL AUTHORITY

TAMUNING, GUAM

NEXT ADMINISTRATIVE LEVEL GRIEVANCE FORM (DIVISION MANGER)

STEP 2

Employee Name:
Name of Supervisor:
Position Title:
Name of Higher Supervisor (Dept. Head):
Work Location:
STATEMENT OF GRIEVANCE AND OUTCOME OF INFORMAL DISCUSSION WITH IMMEDIATE SUPERVISOR AND/OR DEPARTMENT HEAD. (STEP 1):
SPECIFIC POLICY OR REGULATION ALLEGED TO HAVE BEEN VIOLATED (CITE SOURCE):
DATE:	SIGNATURE:
REMEDY SOUGHT (BE SPECIFIC):
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, GRIEVANT SHALL PRESENT ORIGINAL AND COPIES #2, #3 AND #4 TO THE SUPERVISOR AT THE NEXT ADMINISTRATIVE LEVEL. COPY #5 SHOULD BE RETAINED BY GRIEVANT.
IMMEDIATE SUPERVISOR'S RESPONSE:
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, THE SUPERVISOR AT THE NEXT ADMINISTRATIVE LEVEL SHALL RETAIN ORIGINAL, PRESENT COPY #2 TO GRIEVANT, COPY #3 TO THE GRIEVANT'S IMMEDIATE SUPERVISOR, AND FORWARD COPY #4 TO ADMINISTRATOR.

GUAM MEMORIAL HOSPITAL

TAMUNING, GUAM

ADMINISTRATOR GRIEVANCE FORM – Part A and Part B

Part A – Administrator and Part B – Personnel Committee-Board of Trustees

STEP 3

(Part A) APPEAL TO ADMINISTATOR- ALL PORTIONS OF THIS SECTION MUST BE COMPLETED BY THE GRIEVANT (COPY #2) OF COMPLETED GRIEVANCE FORM - STEP 2 MUST BE ATTACHED:
REASON FOR APPEAL
REMEDY SOUGHT (BE SPECIFIC)
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, GRIEVANT SHALL PRESENT ORIGINAL AND COPIES #2, #3, #4 AND #5 TO THE Personnel Committee Board of Trustees COPY #6 SHOULD BE RETAINED BY GRIEVANT.
PART B DECISION OF ADMINISTRATOR
Reviewed by Personnel Committee-BOT: (Signature/Date)
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, ADMINISTRATOR SHALL RETAIN ORIGINAL AND FORWARD COPY #2 TO GRIEVANT, COPY #3 TO GRIEVANT'S IMMEDIATE SUPERVISORAND/OR DEPARTMENT HEAD, COPY #4 TO THE DIVISION MANAGER, AND COPY #5 TO THE DEPARTMENTAL GRIEVANCE COMMITTEE.

GUAM MEMORIAL HOSPITAL

TAMUNING, GUAM

BOARD OF TRUSTEES FORM -

STEP 4

REQUEST FOR BOARD OF TRUSTEES REVIEW. THIS SECTION MUST BE COMPLETED BY THE GRIEVANT. THE COPIES OF COMPLETED GRIEVANCE FORMS IN STEP 2 AND STEP 3 MUST BE ATTACHED.
I HEREBY REQUEST THAT THE BOARD OF TRUSTEES BE CONVENED TO CONSIDER THE GRIEVANCE OUTLINED ON THE ATTACHMENTS.
MY REPRESENTATIVE IS (OPTIONAL):
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, GRIEVANT SHALL PRESENT ORIGINAL, COPIES #2 AND #3 AND ALL ATTACHMENTS TO THE ADMINISTRATOR. COPY #4 SHOULD BE RETAINED BY GRIEVANT.
REPORT OF BOARD OF TRUSTEES SIGNED COPIES OF THE REPORT OF THE BOARD OR TRUSTEES SHALL BE ATTACHED TO GRIEVANCE FORMS. ORIGINAL SHALL BE PLACED IN THE GRIEVANCE FILE. COPY #2 TO THE GRIEVANT, AND COPY #3 SHALL BE FORWARDED TO THE ADMINISTRATOR
DATE OF FORMATION OF GRIEVANCE REVIEW BOARD OF TRUSTEES:
DATE OF SUBMISSION OF REPORT OF BOARD OF TRUSTEES:

GUAM MEMORIAL HOSPITAL

TAMUNING, GUAM

CIVIL SERVICE COMMISSION GRIEVANCE FORM -

STEP 5

APPEAL TO THE CIVIL SERVICE COMMISSION: IF THIS SECTION IS COMPLETED BY THE GRIEVANT, COPIES OF THE COMPLETED GRIEVANCE FORMS IN STEPS 2, 3, AND 4 AND THE REPORT OF THE BOARD OF TRUSTEES MUST BE ATTACHED.
I HEREBY REQUEST THAT THE GRIEVANCE OUTLINED ON THE ATTACHMENTS BE REVIEWED BY THE CIVIL SERVICE COMMISSION.
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, GRIEVANT SHALL PRESENT ORIGINAL, COPY #2 AND COPY #3 AND ALL ATTACHMENTS TO THE CIVIL SERVICE COMMISSION. COPY #4 SHOULD BE RETAINED BY GRIEVANT. THE ADMINISTRATOR SHALL FORWARD THE GRIEVANCE FILE TO THE CIVIL SERVICE COMMISSION UPON REQUEST BY GRIEVANT.
CIVIL SERVICE COMMISSION REPLY:
DATE:	SIGNATURE:
UPON COMPLETION OF THIS SECTION, COPY #2 WILL BE PRESENTED TO GRIEVANT AND COPY #3 TO THE ADMINISTRATOR. THE ORIGINAL AND ALL ATTACHMENTS SHALL BE PLACED IN THE GRIEVANCE FILE. THE FILE IS PLACED IN A PERMANENT FILE WITH THE CIVIL SERVICE COMMISSION.