The Grievance Process
As a resident or fellow you may encounter situations where disciplinary action is taken against you or where you feel UMMC or your program has violated a written policy or some aspect of our collective bargaining agreement (contract). Remember, you have rights and you need to use them. Keep reading to review your rights and how to use them.
GRIEVANCE PROCESS
The detailed Grievance and Arbitration Procedure can be found in Article 17 of our contract. Click here to review our contract and read all the details.
Timelines are very important to know, observe, and meet in a grievance. We have them summarized below. Do not wait to alert UMRFA if you believe that you may have grounds to file a grievance.
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A grievance is a structured, contractual process used to resolve disputes.
Generally, it is a formal complaint filed by a unionized employee or the union itself alleging that the employer violated the collective bargaining agreement (CBA), labor laws, or established workplace practices.
In our contract, grievances can also extend to appeals that contest claims of professional misconduct or academic deficiencies made against housestaff.
The grievance process is part of our contract that was negotiated by UMRFA.
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Your grievances can fall under the following 4 categories:
Contract Interpretation Grievances tied to interpretation, application, or alleged violation of any of the provisions of the UMRFA-UMMC Collective Bargaining Agreement (CBA) or contract. Note: this includes alleged violations of ACGME or other accreditation standards as per CBA Article 7, Section 7.1.
Contesting Alleged Clinical, Professional, or Academic Deficiencies that resulted in counseling/remediation, adverse action, suspension, non-renewal, or termination.
Contesting Alleged Administrative Misconduct reporting that you violated a UMMC policy.
Non-Grievance Work Issues / Concerns that don’t fit into one of the 3 categories above, but are impacting your work-life in some way that you would like our union to potentially assist with. Note: our union will do our best to help guide you through these issues if they are in our purview, or will try and guide you to the proper existing avenues for resolution.
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Administrative Misconduct & Contract Interpretation Grievances are subject to the two processes outlined for these grievance types in Article 17 of our contract.
Contesting Clinical, Professional, or Academic Deficiencies is subject to the grievance and appeal procedures set forth in the UMMC GME Policy and Procedure Manual. Grievants may have a Union representative present to advise and counsel them, but not participate on behalf of them, in any in any GME proceedings.
All of the different grievance procedures above have important timelines and follow-up, and not following the timeline can invalidate a grievance that would otherwise have merit.
That is why it is important to contact UMRFA about a grievance ASAP and then be vigilant and prompt in responding to UMRFA outreach to you about your request.
Do This, Not That
If a disciplinary action is taken against you or you feel UMMC or your program has violated a written policy or some aspect of our contract...
DO THIS:
Contact your union representative immediately.
INSTEAD OF:
Ignoring an issue or agreeing to meet anyone without a union representative, admitting guilt, or accepting blame in any incident.
DO THIS:
Insist that a union rep be present for any meeting regarding allegations of misconduct, academic deficiencies, or possible charges against you.
INSTEAD OF:
Hiring a private attorney before understanding your legal defense benefits, coverage, and limitations.
DO THIS:
Report contract or ACGME violations to your union rep.
INSTEAD OF:
Choosing not to report violations for fear of retaliation or program consequences.
DO THIS:
Contact your union rep about any academic or professional letters of deficiency received.
INSTEAD OF:
Getting to the point of dismissal prior to discussing your grievance and appeal options with your union representative.
TALK WITH GME
Once you contact UMRFA about a contract interpretation grievance, UMRFA has 10 calendar days to raise the issue with GME.
The Union and GME then have 20 calendar days to confer and attempt to resolve the grievance.
STEP 1
GRIEVANCE SUBMISSION
Within 10 calendar days of completing Step 1, if unresolved, the Union may submit a written grievance to HR.
HR and the Union will meet within 10 calendar days of grievance receipt & attempt resolution within 20 calendar days, unless extended by mutual agreement.
STEP 2
MEDIATION
If no resolution is reached after Step 2, the Parties may proceed to Step 4 or agree to mediation. Any mediator must be mutually selected or, if necessary, appointed by the Federal Mediation and Conciliation Service.
Mediation should be scheduled within 14 calendar days of the mediator’s appointment.
STEP 3
ARBITRATION
If mediation fails or is declined, the Union may, within 14 calendar days, request an arbitration panel from the Federal Mediation and Conciliation Service.
A selected arbitrator will hear the dispute and issue a final, binding written decision.
STEP 4
INTERNAL DISCUSSION PRIOR TO APPEAL
Immediately upon receiving notice of an academic or other disciplinary action, housestaff should contact UMRFA for help discussing the matter with their PD, program faculty, or dept. chair.
Housestaff may share any relevant info with UMRFA, subject to PHI confidentiality.
STEP 1
INITIATION OF APPEAL
With UMRFA’s assistance, housestaff have 5 business days from written notice of academic or disciplinary action to request a GME appeal hearing contesting actions that could impact their training or career progress.
STEP 2
SELECTION OF PANEL
Within 10 business days after the GME Director receives the request for an appeal hearing, the GME Director & DIO will select 3 individuals (2 faculty & 1 resident) to serve on the hearing panel.
STEP 3
SCHEDULING THE HEARING
A hearing will be scheduled within 30 days of receipt of the appeal request, unless the grievant, PD, and GME Director mutually agree to a later date.
STEP 4
CONDUCT OF HEARING
The grievant and their program / dept. reps will present supportive statements, witness testimony, documentary evidence, & rebuttal.
Housestaff can have a union rep & legal counsel present to advise, but they may not participate in the hearing.
STEP 5
PANEL DECISION
Within a reasonable time after the hearing ends, the panel will, by majority vote, determine whether:
You received notice of the conduct or deficiencies at issue
You had an opportunity to remediate those deficiencies
The academic or disciplinary decision was deliberate and appropriate under the circumstances
The panel will then submit its recommendation to UMMC’s CMO.
STEP 6
CMO DECISION
The CMO may consider additional evidence & order a new hearing.
The CMO will render a final & binding decision within 10 business days of receiving the panel’s final recommendation.
STEP 7
INTERNAL DISCUSSION PRIOR TO GRIEVANCE
Immediately upon notice of alleged administrative misconduct, housestaff should contact UMRFA for help in addressing the matter with the complainant or UMMC designee.
Housestaff may share any relevant info with UMRFA, subject to PHI confidentiality.
STEP 1
GRIEVANCE SUBMISSION
Within 10 calendar days of completing Step 1, if unresolved, you and/or the Union may submit a written grievance to HR.
You, HR, and the Union will meet within 10 calendar days of grievance receipt. HR will respond within 10 calendar days.
STEP 2
MEDIATION
If no resolution is reached after Step 2, the Parties may proceed to Step 4 or agree to mediation. Any mediator must be mutually selected or, if necessary, appointed by the Federal Mediation and Conciliation Service.
Mediation should be scheduled within 14 calendar days of the mediator’s appointment.
STEP 3
ARBITRATION
If mediation fails or is declined, the Union may, within 14 calendar days, request an arbitration panel from the Federal Mediation and Conciliation Service.
A selected arbitrator will hear the dispute and issue a final, binding written decision.