Employee Concerns


 

501. Employee and Labor Relations

Category: RESOLVING EMPLOYEE CONCERNS
Issued:
January 1, 1993
Last Reviewed:
  July 1, 2004
Responsible
Office: Employee and Labor Relations (212) 870-2801

Under authority from the President and the Trustees, the Vice President for Human Resources or his/her designee is designated as the spokesperson and representative for the University in all labor relations matters involving any recognized collective bargaining groups or organizations seeking recognition.  The Vice President for Human Resources is also responsible for the administration of University human resource policies. 

 

502. Probationary Period

Category: RESOLVING EMPLOYEE CONCERNS
Issued:
January 1, 1993
Last Reviewed:
  July 1, 2004
Responsible
Office: Employee and Labor Relations (212) 870-2801

A support staff employee is considered to be on probationary status for a sixty calendar-day period beginning with the date of employment.  Upon an employee's satisfactory completion of the probationary period, he or she is considered to be a regular employee (unless the job is stated to be temporary).

During the probationary period, either the employee or the department may terminate employment without notice.  The employee is not entitled to use grievance procedures.

A probationary period may be extended for sixty additional calendar days with written notice to the employee.  Termination of employment while on probation or an extended probationary period must be approved by the head of the department, and must be indicated in writing to the employee with a copy of the letter to Employee and Labor Relations. 

 

503. Probationary Performance Evaluation

Category: RESOLVING EMPLOYEE CONCERNS
Issued:
January 1, 1993
Last Reviewed:
  July 1, 2004
Responsible
Office: Employee and Labor Relations (212) 870-2801

The Probationary Performance Evaluation (Personnel Form No.  28) is designed to assist the supervisor in deciding whether or not each new support staff employee has satisfactorily completed the probationary period.  The supervisor should also Use the evaluation form and subsequent discussion with the employee to promote job understanding, elicit and give feedback, and aid in employee development.

The Performance Evaluation form should be completed by the supervisor no later than the thirtieth day of the probationary period and discussed with the new employee.  No later than seven calendar days before the end of the employee's probationary period, the form should be revised, if necessary, and discussed with the employee.

If the employee has not satisfactorily completed the probationary period, a decision should be made and approved by the department head whether to 1) terminate the employee, or 2) extend the probationary period for an additional sixty calendar days.  In either case, the employee must be told in writing.  A copy of the letter plus a copy of the evaluation form should be forwarded to Employee Relations.

If the probationary period is extended, the letter to the employee should indicate the specific criteria which must be met.  Before the end of the extended period, the supervisor should reevaluate the employee's performance.  Employees should be informed if they have met the indicated criteria and passed the extended probationary period.  If the employee has not successfully completed the extended probationary period, employment should be terminated in writing without further notice.  A copy of the termination letter plus a copy of the updated evaluation form must be forwarded to Employee Relations. 

 

504. Grievance Procedure

Category: RESOLVING EMPLOYEE CONCERNS
Issued:
January 1, 1993
Revised: July 1, 2004
Responsible
Office: Employee and Labor Relations (212) 870-2801

The University recognizes its responsibility to provide procedures whereby an employee who feels aggrieved can seek redress.  Only disciplinary action (suspension or discharge) where the validity or appropriateness of the cause is in question is considered grievable.

A grievant must begin the grievance procedure within thirty (30) days after the action which he or she is grieving.

(A grievant not covered by a collective bargaining agreement may choose to be represented at any step by a regular member of the University Faculty or Staff.)

The grievance procedure will be governed by the following conditions:. 

  1. Within ten (10) days of the discipline, the grievant shall present a written complaint (which should include the specific complaint and the remedy that the grievant is seeking) to the Dean or Department Head.  The Dean or Department Head is expected to render a written decision within twenty (20) working days after a meeting which should be held within ten (10) days of the receipt of the grievance.  

  2. If there is no resolution of the grievance at Step 1, the grievant may, within ten (10) working days of the decision at Step 1, write to the Vice President For Human Resources to appeal the Step 1 decision, stating the nature of the grievance and the basis for such appeal.  Upon receipt of such letter, the Vice President For Human Resources, or his/her designee, will acknowledge receipt of the letter from the grievant in writing, indicating that the grievant will be contacted as soon as practicable to set up a Step 2 hearing.  Within twenty (20) days after the hearing, a written decision shall be issued.  

  3. If there is no resolution of the problem at Step 2, the grievant may, within ten (10) working days of receipt of the Step 2 decision, request in writing to the Vice President For Human Resources, or his/her designee, that the grievance be heard by a permanent neutral fact finder designated by the Vice President for Human Resources.  The grievant may choose the individual fact finder from the panel of professionals available.  At the fact finding hearing, Employee and Labor Relations shall present management's case and the grievant may be represented by a regular member of the University faculty or administration.  

  4. The report of the fact finder shall be issued within thirty (30) days of the close of the hearing and will be sent to the Senior Vice President in cases involving Officers of Administration, the Provost in cases involving the Libraries or Research and Vice President for Human Resources in cases involving Support Staff.  In all cases, the fact finder shall send a copy to the Vice President for Human Resources.  The Senior Vice President, Provost, etc.  will then reach a decision based upon the report of the fact finder.  This decision will be final and binding on all parties.  The decision will be communicated in writing, together with a copy of the report of the fact finder, to the grievant, the appropriate department head and Employee and Labor Relations within twenty (20) working days of the receipt of the report.  

  5. If, at any step of the grievance procedure, the grievant does not receive a response within the required time limit, he/she may proceed to the next step of the grievance procedure unless said time limit has been extended by mutual consent. 

  6. In the event that an external procedure is commenced in court or before a government agency, the University will terminate the internal grievance procedure.
 

505. Discipline

Category: RESOLVING EMPLOYEE CONCERNS
Issued:
January 1, 1993
Revised: July 1, 2004
Responsible
Office: Employee and Labor Relations (212) 870-2801

It is expected that all employees adhere to generally accepted rules of conduct and organizational behavior.  If an employee's work performance does not meet acceptable standards, a supervisor should:

  1. Provide counsel, point out areas of weakness and recommend ways to overcome areas of concern.
  2. Give an oral warning to the employee and file written documentation that an oral warning was administered if the problem persists.  
  3. Give a formal written warning to the employee if the employee fails to correct the problem.  
  4. Give the employee a suspension or discharge based on the severity and circumstances of the case if the situation continues. 

Depending upon all of the circumstances of the case and the severity of the offense, one or more of the above steps may be repeated or bypassed.

Any suspension or discharge of an employee must be coordinated with Employee and Labor Relations, and no discharge shall be effective without the prior knowledge and concurrence of the Vice President for Human Resources or designee.

In the case of officers, supervisors should consult with Human Resources (either Employment and HR Client Services, or Employee and Labor Relations) on a case by case basis.  The steps of progressive discipline outlined above may not be necessary or appropriate.