Local 73 Agreement

ARTICLE VII    GRIEVANCE AND ARBITRATION PROCEDURE

Section 7.1

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 7.2 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 a 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 7.3 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. Each steward shall be an employee of the University. So far as is practicable the Union will not request the University to recognize any employee as a Steward who has not been employed for a least one (1) year. The Union will notify the University in writing, addressed to the Director of Employee/Labor Relations of 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 7.4 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 7.5 Grievance Procedure

Grievances shall be processed in accordance with the following procedure:

Step One: Between the aggrieved employee or employees, the appropriate Union Steward (and an official from the Union if the Union so desires) and the Director of Real Estate Operations, or his/her authorized representative. 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 Director of Real Estate Operations or his/her authorized representative shall have four (4) 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 immediately following the expiration of the four (4) days period. If no appeal has been filed within such five (5) days period, further processing shall be barred.

Step Two: Between the aggrieved employee or employees, not more than two (2) stewards for the Union, and the Director of Employee/Labor Relations or his/her authorized representative. The grievance must be appealed in writing signed by the aggrieved employee or employees, in three (3) copies of forms furnished by the University. The Director of Employee/Labor Relations or his/her authorized representative shall have seven (7) days in which to announce a decision in writing. In the event no decision is announced, the time limits set forth in Section 12 for referral to arbitration shall commence to run immediately following the expiration of the aforesaid seven (7) day period.

Section 7.6 Union Grievances

The Union may file a grievance on its behalf with respect to the meaning or application of or compliance or noncompliance with, any provision of this Agreement which names the Union and which expressly reserve to the Union as such, certain rights or imposes on it specific duties, obligations or responsibilities. Any grievances initiated on behalf of the Union in accordance with this Section 6 shall be filed in Step Two 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 7.7 Procedure on Terminations

In the event of a suspension, discharge or layoff, the employee involved may file a grievance in Step One of the Grievance Procedure based upon a complaint that the suspension, discharge or layoff violated a provision of this Agreement; provided that the grievance is filed within three (3) days from the date of notice of suspension, discharge or layoff, and if more than three (3) days elapse, the employee shall be barred thereafter from processing a grievance involving the suspension, discharge or layoff. 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 7.8 Time Limits

Except where calendar days are specified, all time limits in this Article VII 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 7.9 Pay For Grievance Time

No employee shall lose pay for time s/he spends during his/her regularly scheduled working hours in the processing of his/her own grievance, nor shall the Steward involved or the employee members of the Union Grievance Committee referred to in Step Two above lose pay for the time they spend during their regularly scheduled working hours in the investigation, or processing of grievances; provided that the University shall not be obligated to pay for any time beyond a reasonable amount, as determined by the University, spent by employees in processing grievances.

Section 7.10 Handling Grievances

Union officers, Stewards and employee members may receive, discuss and process grievances as provided in this Article VII 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 other employee 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 7.11 Probationary Employees

Grievances may be presented in connection with probationary employees, when the cause for the grievance occurs between the 30th and 120th days of employment, but such matter may not be carried to arbitration.

Section 7.12 Arbitration Procedure

Any controversy which has not been satisfactorily adjusted in Section 5, Step Two of the Grievance Procedure may be referred in writing by the Union for arbitration no later than fifteen (l5) calendar days after the final decision in Step Two of the Grievance Procedure is communicated to the Union. The parties shall meet promptly for the purpose of agreeing upon an arbitrator. If the parties are unable to agree on an arbitrator, they shall request that the Federal Mediation and Conciliation Service furnish each party with an identical panel of seven (7) arbitrators from which an impartial arbitrator is to be chosen. The arbitration proceedings shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The parties shall submit the grievance to be arbitrated 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 borne equally by the University and the Union.

Section 7.13 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.