Grievance Procedures

Procedures for Dealing with Complaints About Termination
("Grievance Procedures")

Approved by National Council of the AGO 7/02/00

The Procedures for Dealing with Complaints about Termination are not legal proceedings. They are a means to determine

Neither party may participate through legal counsel. If either party insists upon involving legal counsel in the Procedure, these Procedures shall be terminated.

While a contract is recommended, its presence is not necessary to invoking these procedures. The Procedure should be initiated as soon as possible after termination, but must be submitted within 30 days of the termination.

I. At the Chapter Level

A. When a Member wishes to pursue the Procedures for Dealing with Complaints about Termination (Grievance Procedures) the Member shall request assistance, in writing, from the Dean of his/her chapter. This written request shall outline his/her work history in the Institution and claim of wrongful termination, and should be accompanied by a copy of the Member's employment agreement with the Institution if there is one or other supporting documentation e.g. letter of agreement. The Member, by so doing, agrees to cooperate fully. If cooperation is withheld at any point, the Guild may withdraw its support of the Member and close these Procedures.

B. The Dean shall provide copies of the Member's letter and accompanying documentation to the following individuals:

Chapter Coordinator for Professional Development (or another chapter officer if there is no Chapter Coordinator for Professional Development)
Regional Councillor
Regional Coordinator for Professional Development
National Councillor for Professional Development.

These individuals shall promptly decide if the Member's complaint shall be acted upon. (This may be done by telephone conference call.)

C. If the Member's complaint deserves further consideration, the Regional Councillor shall appoint a Committee director, who shall convene the Committee and sign all correspondence.

The Committee, appointed to carry out the Grievance Procedures, shall be made up of the following individuals:

One or two members of the chapter, appointed by the Dean (the Dean may be one);
Regional Councillor (or his/her representative)
Regional Coordinator for Professional Development (or his/her representative)
National Councillor for Professional Development (or his/her representative).

To avoid conflict of interest, no member of the Committee may be a member or employee of the Institution. (Note: It can be helpful if one of the chapter's representatives is ordained.)

D. Although Guild members may provide substitute or interim services, no member may seek or accept regular or permanent employment with the Institution while these Procedures are pending. The local chapter shall refuse to advertise a regular or permanent vacancy at the Institution while these Grievance Procedures are pending.

II. At the Committee Level

A. At least two members of the Committee shall meet with the Member in person. If, after frank discussion with the Member and a review of his/her employment agreement and/or other pertinent documents, the Committee does not consider the Member's claim to be valid, it may close the Grievance Procedures.

B. If it believes the Member's complaint deserves further investigation, the Committee shall immediately take the following actions:

(1.) Request from the Member the names, addresses, and telephone numbers of three regular observers of his/her work within the Institution. In religious institutions, these observers should be lay leaders, preferably a volunteer choir member, a member of the elected lay leadership, and a member of the congregation at large.

Send observers a copy of the Grievance Procedures after they have been contacted by the Committee and have agreed to participate.
Set the time limit within which the Committee intends to complete its deliberations.

Make it clear that the process has merely begun, that no determination has been made, and that the Institution will receive, within one week, a copy of these Grievance Procedures.
Set a time limit within which the Committee intends to complete its deliberations.
Set the time for a meeting between the Institution and the Committee.

(3.) Request through the National Councillor for Professional Development that no advertisement for the position be included in The American Organist, or on the Guild's Web site.

(4.) Request through the National Councillor for Professional Development that all members be notified that an inquiry is in progress and that no blame is attached to the Member or Institution.

The following notice will be published in the "Positions Available" section of The American Organist, on the Guild's Web site and in local chapter newsletters as appropriate. Any departure from this wording must be approved by the National Councillor for Professional Development before publication:

C. The Committee shall request from the observers, in writing, a frank evaluation of the Member's work, competence, and influence in the Institution, and solicit the Observers' responses to the Institution's action(s).

If the Institution was specific about the reasons for dismissal, the Committee should solicit the observers' opinions of both the reasons and the manner in which the Member was terminated. Observers should be assured that all information, written or spoken, is confidential and will be shared only among the Committee members (not with the Member or the Institution).

D. After receiving the observers' written evaluations, the Committee shall speak with the observers as needed. At least two members of the Committee shall then meet in person with representatives of the Institution.

E. All Committee members (including the representatives of individuals named above in section I.C.) shall receive copies of all correspondence generated and received in connection with the inquiry.

The wording of all letters and notices shall be approved by the National Councillor for Professional Development before mailing or publication.

F. The Committee shall promptly evaluate the information received from the Member, Institution, and observers. After consultation with the Regional Councillor and the National Councillor for Professional Development, the Committee shall complete a written report that includes:

Copies of this report shall be sent to the Dean (to be shared with the Executive Committee), the Regional Councillor, Regional Professional Development Coordinator, and the National Councillor for Professional Development.

G. If, in the opinion of the Committee, the Grievance Procedures revealed questionable behavior on the part of the Member or wrongful termination of the Member by the Institution, the Committee may make such recommendations as it feels are necessary to resolve the situation and to prevent a recurrence. The Institution shall be reminded of the opportunity to resolve the situation within 60 days. (See A Conflict Resolution later in this document.)

H. The Committee shall prepare letters summarizing the Committee's conclusions, which will be submitted to the National Councillor for Professional Development for approval.

Following approval, the letters shall then be sent to the Member, Institution, and observers.

The Member and observers shall be cautioned not to discuss the final outcome until the 60 days allotted for reconciliation have passed.

I. The response of the Institution is to be directed to the convener of the Committee, who will then share it with members of the Committee, including:

III. At the National Level

A. If the 60-day limit passes with no resolution, the National Councillor for Professional Development shall notify the Institution in writing that the period for resolution has passed, and shall notify the National Council of these actions to be taken at the chapter, regional and national levels of the Guild:

(2.) Directing the editor of The American Organist, the Guild's Web site, and all chapter placement services to refrain from advertising any music positions at the Institution.

(3.) Notifying the leadership of the appropriate denominational music organization of the decision.

B. If the Member disagrees with the decision of the Committee, he/she may request, through the National Councillor for Professional Development, that the National Council review the decision and offer an opportunity for a hearing or a written appeal.

The National Council's determination shall be final.

C. If no resolution has occurred, the notice printed above shall appear in a box for 3 months in The American Organist, on the AGO Web site, and in the local chapter newsletter.

After three months, a listing giving the name of the Institution and date of the termination incident will be printed in the following venues:

IV. Conflict Resolution

A. When an Institution wishes to resolve a termination that has been addressed by these procedures (within the 60 days allotted in these Grievance Procedures or at a later date) a committee (hereafter A Committee) appointed by the Regional Councillor shall review the documents from the original complaint.

This Committee shall consist of the following members:

If possible, its members shall be the members of the Committee that handled the original complaint.

The Regional Councillor shall appoint a Committee director, who shall sign all correspondence. Guided by the documents from the original complaint, the Committee may request that the Institution take specific actions, which, among other things, shall include one or more of the following:

Reinstatement of the wrongfully terminated member.
A good-faith effort to resolve financial issues with the Member, including, but not limited to, reimbursement of lost income and attending benefits.
Providing the Committee with a proposed contract or letter of agreement pertaining to the position, using the American Guild of Organists' sample contract as a model.

B. If the Committee is satisfied with the Institution's response, it shall recommend to the National Council, through the National Councillor for Professional Development, that the conflict between the Institution and the American Guild of Organists be declared resolved. The National Council shall take such actions as it deems necessary, including:

Announcing the resolution in The American Organist, on the Guild's Web site, and in local chapter newsletters as appropriate, stating that AGO members may accept employment with the Institution; this notification shall be printed for three months.
Directing the editor of The American Organist, the Guild's Web site, and chapter placement services to accept advertising for music positions at the Institution.
Notifying the leadership of the appropriate denominational music organization of the resolution.

Notice Informing Guild Membership of Resolution of Case

The American Guild of Organists has declared resolved the case of wrongful termination brought against (Institution's Name). Guild Members may now accept employment at this Institution.