Grievances and Appeals
Regular and effective communication between supervisors and staff members reduces the likelihood of misunderstandings and conflict in the workplace. NMSU expects and encourages supervisors and staff members to communicate openly and regularly so that the interests of both the staff and the University are best served. In addition, The Office of People Relations has a Workplace Resolution Program that utilizes facilitation by a trained mediator. Staff members who have concerns about the administration of University or departmental policy are encouraged to try to resolve them by working with a supervisor, department head, or one of the Consultants in the Office of People Relations.
For occasions when informal conflict resolution is not workable, additional grievance and appeals processes are available.
Definitions
| Grievance: | A grievance is defined as an unresolved issue concerning the application of University policy, practice, or procedure. A grievance does not involve a determination or decision that has already been made. |
| Appeal: | An appeal (or request for reconsideration) is a formal way of asking for a review of information and to change a determination or decision that was already made. |
Due Process
Regular Status
Specific due process policies and opportunities are available to all regular employees as outlined in ARP 10.01.
Non-Regular Status
| Definition: | Non-Regular employees include temporary, seasonal, Term (emergency hire only) classifications. |
| ARP 6.03, Part 2 and 3 | Non-regular staff and non-regular faculty are not eligible to file staff grievances. |
| ARP 9.01 | Probationary employees have no entitlement or expectation to continued employment during the probationary period. During the probationary period, an employee may be terminated with or without cause and without recourse to the pre- or post-action grievance procedures, except in cases alleging discrimination. |
| ARP 10.10 | Probationary, temporary, occasional and emergency employees may be terminated with or without cause and have no entitlement or expectation to continued employment during or beyond the probationary or appointment period. |
Appeal / Grievance Reference Tool
| Appeal of disciplinary or other action | Staff Exempt and Non-Bargaining Unit | ARP 10.20, Part 4, Stage One |
| Staff Bargaining Unit Employee (AFSCME) |
CBA Article 34 – Disciplinary Actions, Sections 2-5 CBA Article 35 – Grievance and Arbitration Procedures |
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| Appeal of Proposed Action (suspension, demotion, salary reduction, termination) | Staff – Exempt and Non-Bargaining Unit |
ARP 10.10, Part 6 – Pre-Determination Hearing ARP 10.20, Part 4, Stage Three (Post determination) |
| Staff Bargaining Unit Employee (AFSCME) |
CBA Article 34 – Disciplinary Actions CBA Article 35 – Final and Binding Arbitration |
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| Faculty |
ARP 10.50, Part 13 – Pre-Determination Hearing ARP 10.50, Part 14 – Post-Determination Hearing |
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| Grievance based on policy/procedure violation or legality. | Staff Exempt and Non-Bargaining Unit |
ARP 10.20, PART 4, Stage One |
| Staff Bargaining Unit Employee (AFSCME | CBA Article 35 – Grievance and Arbitration Procedures | |
| Faculty | 10.60 – Review of Faculty Grievances |
Forms
Form used by submit a complaint, grieve an alleged policy violation or to appeal an action. This form can also be used by faculty to appeal an action or submit a complaint that does not fall with the guidelines of the Faculty Grievance Review Board
To file a faculty grievance, refer to ARP 10.60, Part 7, A & B for instructions.
To file a union grievance, see an AFSCME representative for the appropriate form.