Local 73 Agreement

ARTICLE 8 - GRIEVANCE PROCEDURE

The representatives of both the University and the Union shall be responsible for making prompt and earnest efforts to adjust grievances or misunderstandings between employees and the University.

Section 8.1 - Union Representatives.

The University agrees to recognize a reasonable number of certified Stewards, the number to be agreed upon in writing from time to time. Those in attendance at Union grievances shall not exceed the Council President and two (2) stewards, provided that if other employees are necessary as witnesses, the number can be increased or decreased as necessary. Each Steward shall be an employee of the University. So far as is practicable the Council will not request the University to recognize any employee as a Steward who has not been employed for at least one (1) year. The Union will notify the University of any changes in the personnel of its Stewards at least three (3) days in advance of the date on which the new Steward becomes authorized to act on behalf of the Union.

Section 8.2 - Grievance Defined.

For the purposes of this Agreement, a grievance is defined as a difference of opinion between the University and the Union or between the University and an employee with respect to the meaning or application of any provision of this Agreement which is reduced to writing and filed for processing through the Grievance procedure. Any employee may consult directly with a member of his/her immediate supervision on a matter which does not necessarily constitute a grievance. The supervisor will follow through on such matters and try to adjust them. In the event a satisfactory adjustment is not made, the matter may become a grievance and the Grievance Procedure may be followed. In any case where an employee is not satisfied with respect to the disposition of the matter on which s/he has informally consulted with a member of his/her immediate supervision, the employee may submit his/her complaint as a grievance, but this must be done within seven (7) calendar days from the occurrence of the incident, or the acquisition of direct knowledge by the employee of the condition which gave rise to the complaint, and if more than said seven (7) calendar days elapse, the employee shall be barred thereafter from processing the complaint as a grievance.

Section 8.3 - Individual Grievances.

Any employee shall have the right to present a grievance to, and discuss it with, the University management and to have such grievance adjusted, without the intervention of a Steward or other representative of the Union as long as the adjustment is not inconsistent with the terms of this Agreement and provided that a Steward or other representative of the Union has been given an opportunity to be present at such adjustment.

Section 8.4 - Grievance Procedure

Step One:
Between the aggrieved employee or employees, the appropriate Union Steward, and the supervisor or his/her authorized representative. The grievance must be presented in writing, signed by the aggrieved employee or employees, in three (3) copies on forms furnished by the University. The supervisor or his/her authorized representative shall have seven (7) days in which to announce a decision in writing. If the grievance is to be appealed to Step Two, this must be done within five (5) days following the date of the decision of the supervisor, or in the event no decision is announced within five (5) days immediately following the expiration of the five (5) day period. If no appeal has been filed within such five (5) day period, further processing shall be barred.

Step Two:
Between the aggrieved employee or employees, the appropriate Union Steward (and an official from the Union if the Union so desires) and the Chief Administrator or authorized representative of the department involved. The grievance must be appealed in writing, signed by the aggrieved employee or employees, in three (3) copies on forms furnished by the University. The Chief Administrator or authorized representative shall have ten (10) days in which to announce a decision in writing. If the grievance is to be appealed to Step Three, this must be done within five (5) days immediately following the expiration of the ten (10) day period. If no appeal has been filed within such five (5) day period, further processing shall be barred. A copy of appeal should also be mailed to the University's Director of Employee/Labor Relations.

Step Three:
Between the aggrieved employee or employees, not more than the Council President and two (2) members of the Union and the Director of Employee/Labor Relations or his/her designated representative. If employees are necessary as witnesses, the number can be increased or decreased as necessary. The grievance must be appealed in writing and signed by the aggrieved employee or employees and a full-time paid official of the Union or his/her designated representative, or the President of the Council, or his/her designated representative, on forms provided by the University.

The Director of Employee/Labor Relations or his/her designated representative shall have fifteen (15) days in which to announce a decision in writing. In the event no decision is announced, the time limits set forth in Section 8.11 for referral to arbitration shall commence to run immediately following the expiration of the aforesaid fifteen (15) day period. A copy of the arbitration request will also be forwarded to the University's Director of Employee/Labor Relations.

Section 8.5 - Union Grievances.

The Union may file a grievance on its behalf with respect to the meaning or application of, or compliance or non-compliance with, any provision of this Agreement which names the Union and which expressly reserves to the Union as such, certain rights or imposes on it specific duties, obligations, or responsibilities. Any grievance initiated on behalf of the Union in accordance with this Section 8.5, shall be filed in Step Three of the Grievance Procedure within five (5) days after the event or the day on which the Union should have reasonably acquired the knowledge of the event giving rise to the grievance, and processed in accordance with the Grievance Procedure.

Section 8.6 - Procedure on Terminations.

In the event of a suspension, discharge or lay-off, the employee involved may file a grievance in Step Two of the Grievance Procedure based upon a complaint that the suspension, discharge or lay-off violated a provision of this Agreement; provided that the grievance is filed within five (5) days from the date of notice of suspension, discharge or lay-off, and if more than five (5) days elapse, the employee shall be barred thereafter from processing a grievance involving the suspension, discharge, or lay-off. The University agrees to furnish each discharged employee a written statement of the reason for the action taken and to furnish a copy of such statement to the appropriate Steward (and mail a copy to an official of the Union) within one (1) day after the discharge. A discharged employee will be given an opportunity to telephone a Union representative before leaving the University premises.

Section 8.7 - Time Limits.

Except where calendar days are specified, all time limits in this Article 8 are exclusive of Saturdays, Sundays, and days recognized as holidays. Extensions of time may be made by mutual consent of the parties and such extensions shall be arranged or confirmed in writing.

Section 8.8 - Pay for Grievance Time.

Time spent by employees in grievance meetings with management or in arbitration hearings shall be counted as time worked when it falls during the employee's scheduled work hours. Such meetings shall be scheduled at times least interruptive of normal operations and mutually convenient to management and the Union. The number of employee participants shall be held to the minimum necessary and employee participants must obtain the approval of their supervisors, with as much advance notice as possible, before absenting themselves from work to attend. Such approval shall not be arbitrarily withheld.

Section 8.9 - Handling Grievances.

Union Officers or Stewards may receive, discuss, and process grievances as provided in this Article 8 on the premises of the University during their working hours except where any such activity unreasonably interferes with their work. No Union Officer, Steward, or employee-member shall leave his/her work for the purpose of investigating or processing a grievance without first receiving permission from his/her supervisor and giving him/her reasonable notice.

Section 8.10 - Probationary Employees.

Grievances may be presented in connection with probationary employees, when the case for the grievance occurs between the 30th day and the end of the employee’s probationary period, but such matters may not be carried to arbitration.

Section 8.11 - Arbitration Procedure.

Any controversy (matter) which has not been satisfactorily adjusted in Section 8.4, Step Three (3) of the Grievance Procedure may be referred in writing by the Union for arbitration no later than fifteen (15) calendar days after the final decision in Step Three (3) of the Grievance Procedure is communicated to the Union.

The parties shall meet promptly for the purpose of selecting an arbitrator. The parties shall request the Federal Mediation and Conciliation Service (FMCS) to furnish each party with an identical panel of seven (7) arbitrators who are members of the National Academy of Arbitrators. The parties shall select an arbitrator.

The parties shall submit the matter of the particular grievance in a written stipulation to the arbitrator. Each party shall pay its respective expenses, but all expenses and fees in connection with the arbitrator’s services shall be paid by the losing party. If there is a split decision the parties will split the cost of the arbitratorÕs fees and expenses.

Section 8.12 - Authority of Arbitrator.

The decision of the arbitrator shall be in writing and shall be final and binding upon the University, the Union, the employee or employees involved and all other employees represented by the Union. The arbitrator may consider and decide only the particular grievance presented to him/her in the written stipulation and his/her decision shall be based solely upon an application or interpretation of the provisions of this Agreement. The arbitrator shall not have the right to alter, modify or change this Agreement, nor shall his/her award, if any, be retroactive beyond the date the grievance was first presented in writing.