Remarks to the Employee Communication Council

The Restructured Higher Education Act actually is in tandem with the Charter University initiative. It is a further evolution, if you will, of the flexibility universities have always had. The focus of the “Restructured Higher Education Financial and Administrative Operations Act” was a framework by which bureaucratic red tape will be reduced and Virginia’s public institutions of higher education will have enhanced ability to plan for the future and manage their perations more efficiently. The legislation grants institutions additional authority over financial and administrative perations, but only after they make certain commitments to the State, and only with appropriate accountability. The Restructured Higher Education Act gives UVA the authority and flexibility to improve the current human resources ystem to better fit specific needs.

In the 2006 session of the Virginia General Assembly, Governor Kaine proposed inserting language into management agreements that said: “At regular intervals, the University shall engage in discussions with, and receive input from, diverse employee groups regarding the institution’s Human Resources System.” The management agreements address not only the human resources systems (in lieu of the state personnel system) but also capital projects, procurements, management of surplus property, information technology, and financial management. The management agreements also provide the three schools with sole authority to set tuition and fees as determined by the Board of Visitors. In each of these areas, the management agreement overrides the general provisions of state law and policy applicable to these agencies. In return for the flexibility granted by the management agreements, the three schools ( UVA, VA Tech and William & Mary) agreed in the university restructuring language that passed in 2005 to meet certain state goals such as support for K-12 education. The three schools are also required to meet management standards as specified in last year’s legislation as well as requirements that might be developed by SCHEV in accordance with the legislation.

As you know, the House rejected Governor Kaine’s recommendations by a vote of 39-59. It is my understanding that the University has committed to regularly engaging employees in appropriate discussions and to receive employee input as the new human resource systems are developed. In addition UVA has committed to regularly communicate the details of the new proposals to all employees who are eligible to participate through written communication, open meetings, and website postings as appropriate, so that employees will have full information that will help them evaluate the merits of the new human resources system compared to the State human resource system.

As of July 1, 2006, there will be no differences between University staff and existing classified employee policies. Over the course of the next 18 to 24 months, policies will be developed for the University staff employees with the input of employee focus groups. Merit based increases will likely be an option considered. Policies for classified employees will continue to be promulgated by the Department of Human Resources Management. Since the 1980’s all annual increases approved by the General Assembly and Governor have been based on merit or employee performance. This includes years where the State differentiated increases based on performance level as well as years where all employees performing at a satisfactory level received the same increase. With respect to “cost of living” increases, these have never been provided, more accurate is across the board increases.

As far as workplace concerns go, employees have numerous resources available to discuss workplace concerns. The University offers Faculty and Staff Employee Relations, the University Ombudsman and EOP. In addition, there is FEAP and the Office for Diversity and Equity. The state Office of Employee Dispute Resolution, an agency under the Secretary of Administration is available through a toll free number 1-888-232-3842. There is a state EEO office and numerous Federal offices to handle complaints of unlawful behavior. The office most appropriate for your use would be determined by whether this is an issue with say a manager’s style versus whether the issue is that of a possible unlawful practice. University Faculty and Employee Relations is generally a good place to start.

There has been a question of whether the state provides employee advocates. To be clear, the state and the University do not offer a specific service of advocacy to employees, if “advocate” is used to mean someone who will represent the employee against management in any employee dispute or conflict. Again, the University Ombudsman, the Office for Diversity and Equity as well as the Office of Employee Dispute Resolution will certainly work with employees and try to resolve conflicts in the workplace. If management is violating policy or otherwise acting in any manner inconsistent with laws, policies and practices, these offices will intervene to correct the behavior. In that way, the employee’s interests are protected. In all cases, these offices work to insure that all parties are afforded all the rights and responsibilities of their respective positions. It is my understanding that UVA employees will be encouraged to resolve employment related problems and complaints informally, and shall be permitted to discuss their concerns freely and without fear of retaliation with supervisors and managers. Please remember that in the event that such problems cannot be resolved informally, all salaried non-faculty UVA employees, regardless of their date of hire, shall have access to the State Grievance Procedure. In addition, if a classified employee believes discrimination has occurred, the employee may file a complaint with the Department of Human Resources Management Office of Equal employment Services, with the appropriate UVA office, or with the appropriate federal agencies. All covered employees and applicants for employment after the Management Agreement effective date, shall file a complaint with the appropriate UVA office or the appropriate federal agency.

All CURRENT CLASSIFIED employees work for and are paid by the University of Virginia , as a state agency subject to the rules and regulations of the Virginia Personnel Act and policies and procedures promulgated and administered by the Department of Human Resources Management. As of July 1, 2006, under the Restructuring Act, a new group of employees will be created that will be employees of the University of Virginia, as governed by the Board of Visitors of the University. All employees hired July 1, and thereafter at the University will fall into this category. Current classified employees will experience NO CHANGE to their status as of July 1, 2006 or at any time in the future, unless they so elect or unless they separate from service and are rehired on or after July, 2006. Classified employees will have the choice when moving into another internal position or at least every two years to become University staff.

With respect to retirement, the state retirement system as it may be amended from time to time, shall continue to apply to and govern all eligible University employees. Sara Wilson, Director of the Department of Human Resources Management will be happy to answer any questions that you might have.