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Informal Greivances
If you experience a grievable situation, you must inform your supervisor immediately. Provide which policy/procedure has been violated and discuss expectations for resolving the concern.
Your supervisor will work with you to resolve the situation. You can contact your divisional human resources, OHR’s Workforce Relations, Employee Assistance Office (EAO) or the Ombuds Office for additional guidance or assistance.
If this situation is not resolved through an informal conversation, you can proceed to Step 1 by filing a formal written grievance.
Please note, there are situations where an informal resolution is not the first step, and you would proceed directly to a formal written grievance. In the case of suspension without pay or dismissal, you will file your written grievance directly with the Office of Human Resources (see Step 2).
Step 1: Formal Written Grievance
Written Grievance
To initiate Step 1, you must complete a University Staff Grievance Form and submit it to your first-line supervisor or Division HR representative 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. It is essential that all materials related to your grievance are in writing.
When filling out the form, make sure you provide as much information as possible. Clearly state what happened, which policy has been violated and when, and the desired outcome for addressing the grievance. Any additional information can be added as an attachment to the Grievance Form.
Evidentiary Hearing Process
The HR Representative for your division will contact you to confirm receipt of your grievance and set up an evidentiary hearing.
You will be invited to attend this hearing. You may submit a written statement in lieu of attending. You are also entitled to a representative of your choice if desired. Notify your employer if you choose to have a representative or attorney present.
During this hearing, the HR representative will meet with the employee and hear the facts of the grievance. You can present documents, signed witness statements, or other evidence to support your case at this time. Please note, the employee has the burden of proof to demonstrate evidence of a violation of university rule, regulation, policy or practice, unless it involves dismissal or suspension with loss of pay wherein the university has the burden of proof.
Providing a Decision
After the HR representative reviews all relevant information provided during the hearing, they will provide their decision in writing to the employee and representative (if applicable) within 30 calendar days from the date the grievance was received.
If you are not satisfied with the decision, you have the right to appeal to the Office of Human Resources (OHR). In addition, if the HR representative does not follow up regarding your grievance or fails to provide a decision within 30 calendar days, you have the right to appeal to OHR. You will have 14 calendar days from the date of receipt of the Step 1 decision or the deadline for receipt of the Step 1 decision to file your appeal with OHR.
Step 2: Office of Human Resources Hearing
Written Grievance
To initiate Step 2, you must send your University Staff Grievance Form to the Office of Human Resources Employment Relations Division (wr@ohr.wisc.edu) within 14 calendar days from the date you received the Step 1 decision. You can submit the same form as used in Step 1.
If your grievance is regarding suspension without pay or dismissal, you will file your written form directly to the Office of Human Resources Employment Relations Division.
Evidentiary Hearing Process
The Workforce Relations Employment Relations Specialist will contact you to confirm receipt of your grievance and set up an evidentiary hearing. This hearing will follow a similar process to the Step 1 evidentiary hearing.
You will be invited to attend this hearing. You may submit a written statement in lieu of attending. You are also entitled to a representative of your choice if desired. Notify the assigned Employment Relations Specialist if you choose to have a representative or attorney present.
During this hearing, the Employment Relations Specialist will meet with the employee and hear the facts of the grievance. You can present documents, signed witness statements, or other evidence to support your case at this time. Please note, the employee has the burden of proof to demonstrate evidence of a violation of university rule, regulation, policy or practice, unless it involves dismissal or suspension with loss of pay wherein the university has the burden of proof.
Providing a Decision
After the Employment Relations Specialist reviews all relevant information provided during the hearing, they will provide their decision in writing to the employee and representative (if applicable) within 30 calendar days from the date the grievance was received.
Please note, for all grievances about written reprimands and policies and procedures, this is the final grievance process step. If the Employment Relations Specialist does not follow up regarding your grievance or fails to provide a decision within 30 calendar days, you have the right to appeal. You will have 7 calendar days from the deadline for receipt of the Step 2 decision to file your appeal.
If you are not satisfied with the decision regarding a suspension or dismissal, you have the right to appeal. You will have 7 calendar days from the date of receipt of the Step 2 decision or the deadline for receipt of the Step 2 decision to file your appeal.
Step 3A: Impartial Hearing Panel
| NOTICE: If pursuing a Step 3 appeal, there are two options depending on employment history. University Staff employees who held permanent status in the classified civil service prior to July 1, 2015, have the choice to select the Impartial Hearing Panel (3A) or the Wisconsin Employment Relations Commission (3B) to review the grievance. Employees who qualify for these two options can only select one pathway forward and subsequently lose the ability to pursue further grievance with the unselected option. |
Written Grievance
To initiate Step 3, you must send your University Staff Grievance Form to the Office of Human Resources Employment Relations Division (wr@ohr.wisc.edu) within 7 calendar days of the receipt of, or deadline for receipt of, the Step 2 decision. You can submit the same form as used in Step 1 or 2 and check the box for Step 3A.
Evidentiary Hearing Process
The Impartial Hearing Panel is comprised of four impartial hearing officers: two representatives appointed by campus administration and two representatives appointed by University Staff shared governance. The panel will notify you and your representative of the hearing date, time, and location.
Similar to Steps 1 and 2, you will be invited to attend this hearing. You may submit a written statement in lieu of attending. You are also entitled to a representative of your choice if desired. Notify the panel if you choose to have a representative or attorney present.
During this hearing, the Impartial Hearing Panel will meet with the employee and management to hear the facts of the grievance. Both the employee and management can present documents, signed witness statements, or other evidence to support the case. Please note, the employee has the burden of proof to demonstrate evidence of a violation of university rule, regulation, policy or practice, unless it involves dismissal or suspension with loss of pay wherein the university has the burden of proof.
Providing a Decision
If the panel reaches a decision, the committee will provide a recommendation to the Chancellor. If the committee is unable to reach a decision, the employee may appeal the grievance within 7 calendar days to the designated campus hearing officer who will also conduct a full hearing. Only cases involving suspensions with loss of pay and dismissal will go before a campus hearing officer.
The panel or the campus hearing officer will provide a written recommendation to the Chancellor, who will determine whether to accept, reject, or modify the decision. The Chancellor’s decision is final and may not be appealed, except in cases of dismissal, in which case the employee may appeal the Chancellor’s decision to the Board of Regents (see Step 4).
Step 3B: Wisconsin Employment Relations Commission (WERC)
| NOTICE: If pursuing a Step 3 appeal, there are two options depending on employment history. University Staff employees who held permanent status in the classified civil service prior to July 1, 2015, have the choice to select the Impartial Hearing Panel (3A) or the Wisconsin Employment Relations Commission (3B) to review the grievance. Employees who qualify for these two options can only select one pathway forward and subsequently lose the ability to pursue further grievance with the unselected option. |
Written Grievance
To initiate Step 3B, you must send a formal letter of grievance to the Wisconsin Employment Relations Commission (werc@werc.state.wi.us) within 30 calendar days from the date of or deadline for receipt of, the Step 2 decision.
There is no official form to complete; however, WERC offers suggested information to include in your appeal letter.
The Wisconsin Employment Relations Commission website offers additional information about the appeals process. Visit this link for more information.
Evidentiary Hearing Process
The Wisconsin Employment Relations Commission offers an overview flow chart for the appeal procedure.
At different points of the process, the case is controlled by a staff examiner/arbitrator, a designated hearing examiner, a group of Commissioners, and ultimately by a court. The process begins with a required prehearing conference for the Examiner to prepare for the hearing. You and your representative will be notified of the date and time for this conference. For additional information about stages of the appeal process, read through the Instructions for State Civil Service Disciplinary Appeals.
At any point in the appeal process, both parties can decide to use a mediator to resolve the dispute.
Providing a Decision
If the employee or the employer files an appeal with the WERC, the Commission’s decision is binding. Additionally, the UW–Madison University Staff grievance process will end, and the employee will not be able to appeal the WERC decision, except when subject to judicial review. An employee who selects this procedure cannot appeal to the Board of Regents (step 4).
Step 4: Board of Regents Appeal
| NOTICE: Only cases involving dismissal can appeal to the Board of Regents in disputing the Chancellor’s decision (from Step 3A). |
Written Grievance
To initiate Step 4, you must send your University Staff Grievance Form to the Office of Human Resources Employment Relations Division (wr@ohr.wisc.edu) within 30 calendar days from the date you received the Chancellor’s decision. You can submit the same form as used in Step 1 or 2 and check the box for Step 4.
Evidentiary Hearing Process
The Board of Regents shall refer the appeal to the Board of Regents Personnel Matters Review Committee. They will review the documents created by the impartial hearing officer, recommend findings and a decision, and transmit them to the full Board for final action.
Providing a Decision
The full Board may confirm the committee’s decision or direct a different decision. Regardless of the outcome, the Board of Regents decision is final and binding and may not be appealed or reviewed.