A member of HR Relations first will attempt to resolve the issue through a facilitated conversation. The facilitated conversation affords a representative from HR Employee Relations the opportunity to meet with the employee and a management representative to seek a mutually agreeable solution to the complaint.  If the parties reach resolution during the facilitated conversation, the complaint will be closed and will not be reopened or proceed further.  If both parties cannot agree on a solution, a Problem Resolution Committee will be established to hear the case.

The Problem Resolution Committee will consist of three members who will be drawn from a pool of eligible employees. The pool of committee members is chosen at random from all eligible UAB staff and is representative of a diverse group of employees working in various job titles across the campus and Hospital. In some cases, dependent on the issue(s) to be addressed, HR Relations reserves the right to have the Committee members drawn from a specialty pool. These would be Committee members with the training and/or expertise in a specific job field (for example, scientific research background, nursing/patient care experience) that would allow them a better understanding of the issues to be reviewed by the Committee. The pool of Committee members will receive training related to the Problem Resolution Procedure. The training also will stress impartiality and fairness. The Committee members will serve for a two-year period. The criteria for serving in the pool of committee members are as follows:

• Employed in a non-faculty full-time regular, part-time regular, 3/12 hour-shift, or weekend staff employee assignment category.
• Employed with UAB for at least one year
• Must not have received any written corrective actions within the twelve months immediately prior to selection
• Must not have filed a complaint through the Problem Resolution Procedure within the twelve months immediately prior to selection
• Must be in good standing with UAB
• These criteria must be met at the point of initial selection and continuously throughout the term of commitment.

• The employee or former employee must contact HR Talent Performance & Relations and submit the complaint in writing to the HR Relations Representative.
• The HR Relations Representative will contact the employee’s department/unit within 24 hours of receipt of the written complaint to make them aware of the complaint and to advise them of the steps in the process.
• A representative from HR Talent Performance & Relations will attempt to resolve the problem by acting as a mediator (through a “facilitated conversation” process) unless the facilitated conversation occurred during the informal process. If that step has not taken place, the HR Relations Representative will arrange a meeting at the earliest date based on availability with the employee and the designated department representative to discuss the complaint and possible agreeable outcomes.
• If the problem is not resolved through a facilitated conversation, a three-member Problem Resolution Procedure Committee will be established to review the facts of the case.
• The Problem Resolution Procedure Committee will meet at the earliest date all members are available. The first meeting will consist of orientation to the Problem Resolution Procedure and a review of the documentation related to the specific complaint. The Committee will elect one of its members as chair. The employee is encouraged to submit any relevant documentation for review prior to the first meeting of the Committee including a list of individuals with firsthand information related to the complaint. The Committee reserves the right to determine which individuals it would like to hear from and what questions to ask of them.
• The employee who initiates the process will be called to give his/her account of the facts to the Committee and may be present while any other individuals are questioned by the Committee. Also, a member of management, either the employee’s immediate supervisor or department/unit head, may be present during the meetings. (Face-to-face situations, at times, may be inappropriate in which case alternatives such as written statements, or use of other electronic equipment may be utilized. Neither individual involved in a Problem Resolution Procedure may be represented by legal counsel.
• The Committee will accumulate and study the facts about the case and will submit a written report and recommendation to the designated Executive HR Leader who will render a decision. The Executive HR Leader will send a copy of the written decision to the employee. If the decision of the Executive HR Leader differs from the recommendation of the Committee, the Executive HR Leader may meet with the Committee to review the written rationale for the Committee’s decision.
• In the event that the decision is unsatisfactory to the employee, they may within five workdays after receipt of the decision file a written notice of appeal to the President of the University of Alabama at Birmingham. All documentation from the case along with the rationale and recommendation from the Committee and the decision of the Executive HR Leader will be forwarded to the President or to the President’s designated representative for review. The decision of the President will be final.

Employees may use the procedure without penalty or fear of retaliation.

Any questions regarding the Problem Resolution Procedure for Non-faculty Employees should be directed to HR Talent Performance & Relations at extension 4-4458 or 4-4701.

RELATED POLICIES

Termination of Employment (HR Policy 605)

Problem Resolution Procedure for Non-Faculty Employees – HR Policy 608