Grievance over contract filed with NMC president’s office

A grievance filed some 10 days ago with the Office of the President of the Northern Marianas College is now awaiting action by Dr. Carmen Fernandez, who is set to meet with the employee today to either resolve or refer the complaint to an appeals committee.

Saipan Tribune learned that the grievance, pertaining to the issuance of a new contract, was directly presented to Fernandez’s office based on the established policy of the college.

Although the college president has no set time limit to take action on a grievance, the process usually takes a week for action.

Honorary faculty senate president Frank Sobolewski yesterday declined to comment on the specifics of the grievance but confirmed the meeting between the president and the complainant.

He confirmed that the grievance was filed last March 20. He hopes the matter will be resolved as soon as possible.

The filing of the grievance at the president’s office came about after the issue was not resolved at the lower level. College policy dictates that an employee must first try to resolve an issue with a supervisor and other concerned individuals. If the employee is not satisfied with the outcome, he or she can directly file it with the college president.

If an employee is not satisfied with the president’s decision or response, then the employee can petition to file a complaint with the employee appeals committee.

Sobolewski opined that the current administrative procedure for grievances “very much leaves out the college deans.”

He admitted, though, that it’s only the college president who can address problems and concerns about “employee’s contract.”

Since 2003, the college’s instructional faculty has been pushing for the adoption of an indefinite contract, which sets no expiration—a proposal that has been “killed” many times in the past.

Sobolewski said the proposal will serve as the employees’ job security, which he deems nonexistent at the college.

Saipan Tribune learned that NMC issues two-year teaching contract to employees, subject for evaluation and renewal prior to expiration. The college policy states that the president, with or without cause, may not renew the contracts.

“We find this procedure unfair…and inconsistent with what we are writing for our accreditation, which needs evidence of such action or decision,” he said. “From the point of view of the faculty, it conflicts with what we are writing to the accrediting commission, which requires decisions based on evidence. If a person is not renewed for no cause, that’s not based on evidence.”

Under the proposed indefinite contract, Sobolewski said, “the president still has the full authority to terminate somebody…for a cause. It must be with reason and due process.”

“It does not in any way change the president’s power to remove somebody with cause,” he added.

There are 33 instructional employees at the college, of which a significant number is up for renewal every year.

Sobolewski, who has been with the college since 1995, believes that the idea would also provide greater security to the quality of education desired for NMC.

The college, based on job vacancy announcements, needs 12 instructional employees for its six academic departments.