Eastern Michigan University Seal

Policies, Rules and Regulations

Chapter Name: Employment, Affirmative Action and Civil Rights

Chapter No. 3.1.1.3

Issue: Nonbargained-for Dispute Resolution

Effective Date: 12-7-1964

Revision Date: 2-15-2011

UNIVERSITY POLICY STATEMENT

Eastern Michigan University recognizes that misunderstandings may sometimes arise in the administration of its human resources policies. It is the purpose of this policy to provide for the establishment of a formal procedure and appeal process for all nonbargained-for employees of the University, including all regular part-time and full-time executive, administrative professional, administrative hourly, athletic coaches, and confidential clerical employees of the University, except for the President. An attitude of cooperation, understanding and problem solving, and an emphasis upon the resolution of disputes at the lowest possible level, is expected to pervade the entire grievance process. 

The procedure is available only for individual employment decisions and will not be available for compensation or fringe benefit programs that apply to groups of employees. No matter regarding compensation or fringe benefit programs will be subject to review under this policy.

Such procedure shall provide that if the dispute concerns a disciplinary suspension or discharge of an employee, or a matter in which monetary damages or injunctive relief is sought for illegal discrimination or harassment, under any federal, state or local civil rights statutes, ordinances, rules or regulations, including, but not limited to, the Michigan Elliott-Larsen Civil Rights Act, the Michigan Handicappers' Civil Rights Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, the employee may appeal the matter to final and binding arbitration. Arbitration shall be the employee's exclusive remedy. The decision of the arbitrator or the right to arbitrate under this policy shall be a complete defense to any suit, action, or proceeding instituted in any federal, state, or local court or before any administrative agency with respect to any dispute which is arbitrable under this policy. The decision of the arbitrator, when made in accordance with his or her jurisdiction and authority, shall be final and binding upon the aggrieved employee and the University.

RESPONSIBILITY FOR IMPLEMENTATION

The President of the University or his/her designee has the overall responsibility for implementation of the policy. The Chief Human Resources Officer for the University and/or Chief Human Resources Officer for Academic Affairs, is responsible for the overall administration and interpretation of this policy.

SCOPE OF POLICY COVERAGE

This policy covers all nonbargained-for employees of the University including all regular part-time and full-time executive, administrative professional, administrative hourly, athletic coaches, and confidential clerical employees.

Authority for Creation or Revision:

Professional and Clerical Handbook, May 1, 1969, Page 6. 
Minutes of the Board of Regents, December 7, 1964; para. .164. 
Minutes of the Board of Regents, May 23, 1995; para. .4995M.
Minutes of the Board of Regents, February 15, 2011