Grievance

Grievance procedures can be helpful when included in a handbook, assuming they are followed consistently. Generally, a grievance policy provides a process by which employees may report complaints, or appeal a decision or concern, to a higher level of authority within the organization. For religious organizations, scripture should be used within the policy whenever possible. This provides a level of First Amendment protection if the employee later chooses to pursue an outside action against the organization.

Additionally, because the process involves an internal matter, you generally have the right to establish the boundaries of the resolution process. For example, you may advise the employee that legal representation cannot be present during the resolution process or you may insist that proceedings not be recorded.

One word of caution: If you include biblical principles from Matthew 18, make sure you specifically exclude both harassment and sexual harassment from the grievance resolution process. Address this type of allegation under the organization’s harassment policy. Here’s why: As an employer, your organization has a legal obligation to provide a safe environment for workers. This includes conducting a prompt investigation of harassment claims without asking alleged victims to try resolving the matter on their own before reporting the complaint to the organization. From a liability standpoint, courts do not view this approach favorably.

Sample policy language appears in italics.

SAMPLE POLICY:
GRIEVANCE

(Name of organization) encourages an open channel of communication for the expression of employee concerns. There may be circumstances where an employee has unsuccessfully attempted to resolve concerns or complaints. Every effort should be made to resolve difficulties and misunderstandings on the basis of Scripture. Consequently, the grievance procedures to be followed are based on Matthew 18:15–17. With the exception of harassment, sexual harassment, or illegal acts, each step must be taken before proceeding to the next level. If you have a concern, follow these procedures:

• “If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over.” The first step is to go directly to the person with whom you have a concern. Attempt to resolve the matter without involving other people.
• “But if he will not listen, take one or two others along, so that every matter may be established by the testimony of two or three witnesses.” The next step is to take the matter to your direct supervisor or human resources.
• “If he refuses to listen to them, tell it to the church.” If the matter is still unresolved after you have consulted your supervisor or human resources, you may take your complaint to the grievance board. The grievance board will meet within four weeks of receiving a written request for a hearing. The grievance board is the final arbitrator in resolving complaints.

Guidelines

• There is one exception to the first step of resolution. An employee who believes that he or she has been the victim of harassment or sexual harassment has a duty to report it immediately, as required by the organization’s harassment policy.
   
• When taking issues to the grievance board, be aware that certain policies apply. For example, in most cases, an employee is not entitled to have an attorney present at the hearing. This process for resolving conflicts is conciliatory in nature and is intended to resolve issues within the body of Christ. (I Corinthians 6:1–8)

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

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