| Back
to Table of Contents Little
River Band of Ottawa Indians, Ordinances and Regulations
Amended: June 6, 2001 Chapter R600 - Employment
Differences of opinion occasionally arise between individuals in employment
situations. It is in the best interests of the Tribe, the Resort and
its employees to resolve such conflicts. Therefore, it is the policy
of the Tribe to provide a procedure and forum in which regular employees
of the Resort may voice their grievances. The Tribe intends to evaluate
fully all complaints with consideration given to the cause of the complaint
and to the circumstances and personnel involved. While the Tribe is
committed to providing a procedure for resolving employee complaints,
nothing contained in these grievance procedures affects the at-will
nature of employment with the Tribe. These grievance and appeal procedures apply to all regular employees of the Resort who have completed their ninety (90) day probationary period. Probationary employees, temporary employees and applicants do not have access to these grievance procedures. These grievance and appeal procedures apply to employment issues relating to termination, discipline, promotion, demotion, and compensation decisions. These procedures do not apply to grievance or appeals from decisions of the Tribal Gaming Commission. III. Procedures. Before the following formal procedures may be utilized, employees should discuss their grievance with their immediate supervisor. A. Step 1. The employee must, within seven (7) calendar days of the incident or action, or the time the incident or action first became known to the employee, present a written grievance to his or her Department Head. The Department Head must schedule a conference with the employee within seven (7) calendar days after receipt of the grievance and must deliver a written decision to the employee and the Resort's Director of Human Resources within ten (10) calendar days after the conclusion of the conference. If the grievance remains unresolved or the decision is considered unacceptable to the employee, the employee may proceed to Step 2. If the employee's grievance involves the suspension or termination of the employee, the employee may skip Step 1 and may proceed directly to Step 2.
B. Step 2. Within seven (7) calendar days after receipt of the decision in Step 1 or, if the employee was authorized to skip Step 1, within seven (7) calendar days of the incident or action, or the time the incident or action first became known, the employee may present the written grievance and decision from Step 1, if applicable, to the Resort's Director of Human Resource for presentation to the Board of Review. Board of Review: The Board of Review is an impartial committee established to reach a final, binding settlement of employee grievances and complaints. Membership: The Board of Review consists of the following representatives:
Election of Department Representatives: Election of department representatives is held annually in each department during the month of December The first department election under this policy shall be held within 45 days after the date these procedures are approved by the Tribal Council. One representative and two alternates are selected from each department. Efforts shall be made to recruit Tribal member employees during the election process to promote the election of Tribal member employees from a number of departments. An alternate will serve on the Board of Review for any of the following reasons: family relationship with employees involved, personal involvement in the circumstance giving rise to the grievance or complaint, close personal association with employees involved in the grievance, or personal prejudice. The three Board of Review members share an equal voice in the proceedings and an equal vote in the decisions of the Board. A majority vote will determine the Board decision, which will be final and binding. Responsibility: The Review Board's responsibility is to render a fair and impartial decision, which is consistent with the spirit and purpose of the Resort's employment policies, after evaluating all testimony and evidence presented at the Board of Review's hearing on the grievance or complaint. The decisions of the Board of Review will be final and may not be appealed. The decisions of the Board of Review and recommendations, if any, will be reported in writing to the General Manager of the Resort. Authority: The Board of Review is authorized to:
Limitation on Authority: The Board of Review is not authorized to order reinstatement of employees who have been terminated or suspended as a result of either revocation or suspension of such employee's gaming license by the Tribal Gaming Commission. Employees must appeal any licensing decision of the Gaming Commission in accordance with the procedures prescribed in the Tribal Gaming Ordinance and any applicable regulations of the Gaming Commission. No Retaliation Against Employees or Witnesses: Retaliation against employees requesting a Board of Review or employees testing before the Board of Review will not be tolerated. If an employee is terminated within ninety (90) days following his/her Board of Review hearing, the terminating supervisor must submit a detailed report of such action, through the chain of command, to the General Manager and Human Resource Director. This same procedure will also apply to the termination of employee witnesses at the Board of Review and employees serving on the Board of Review. Procedural Rules:
|