Local 134 Agreement

ARTICLE VIII    GRIEVANCE AND ARBITRATION PROCEDURES

Section 8.1.

Whenever any grievance, dispute or controversy arises as to the interpretation or application of any provisions of this Agreement, an earnest effort will be made by all parties affected to achieve a fair and prompt adjustment of such grievance. To facilitate prompt and effective handling of grievances, the following procedures shall be followed:

Step 1:
The aggrieved employee will discuss the grievance with his/her immediate supervisor.

Step 2:
If the matter is not satisfactorily adjusted in Step 1, the employee and his/her steward shall submit the grievance in writing to the appropriate Director within ten (10) working days. The written grievance shall contain a brief statement of the nature of the grievance and be signed by the aggrieved employee. The grievance shall be taken up at a grievance meeting between the Director (or his/her designated representative) and the Grievant, the Steward and/or the Union's Business Manager (or his/her representative.) The Director shall answer the grievance in writing within ten (10) working days from the date of the meeting.

Step 3:
If a satisfactory settlement cannot be reached at Step 2 and the Union wishes to process the grievance further, the grievance shall be presented in writing to the Director of Employee/Labor Relations (or his/her designated representative) within five (5) working days by the Union's Business Manager (or his/her representative). The Director of Employee/Labor Relations (or his/her designated representative) shall answer the grievance in writing within fifteen (15) working days after a final hearing, except in cases of termination, which will be answered within ten (10) working days.

 

Section 8.2.

Where it is evident that the intervals specified in Section 8.1 cannot be met, they may be extended as mutually agreed upon.

Section 8.3.

If after receiving the University's final answer, per Section 8.1, and the Union wishes to process the grievance further, the Union may institute arbitration proceedings not later than (10) working days following receipt of the University's final answer.

Section 8.4. Probationary Employees.

Grievances may be presented in connection with probationary employees, when the case for the grievance occurs between the 30th and 90th calendar day of employment, but such matters may not be carried to arbitration.

Section 8.5. Arbitration.

Upon receipt of a request for arbitration, a representative of the Union and a representative of the University shall attempt to agree upon an arbitrator to pass upon the matter. If they are unable to agree upon an arbitrator within one (1) week of the time of their meeting, either party may request the National Academy of Arbitrators to submit a list of seven (7) arbitrators from which the parties may jointly make such selections. If the parties fail to agree on the selection of an arbitrator from this list, each party shall alternately strike one name each until but one (1) name remains and the person so named shall be the arbitrator.

The arbitrator shall have no authority to add to, subtract from, or in any way modify the provisions of this Agreement.

Should it be determined that an employee was disciplined or discharged without just cause,  s/he shall be restored to his/her former status. The University shall have the right to credit against any back pay awarded any earnings, compensation or remuneration received by the employee during the period involved.

The decision of the arbitrator made in compliance with the foregoing shall be final, shall be in writing, shall include the reasons for such findings and the conclusion, and shall be rendered within thirty (30) calendar days following the date of the last hearing conducted by the arbitrator unless an extension of such period is agreed to by the University and the Union. The University and the Union agree to abide by the arbitrator's decision.

Each party shall be responsible for one-half (1/2) of the expenses and the fees of the arbitrator designated under this Article VIII, as well as any expenses for the services of a court reporter and for copies of transcripts going to the arbitrator. Each party shall bear the full cost of its own copy of the transcript.