185 Agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

Section 10.1 Grievance Defined

A grievance is defined as any claim by an employee and/or by the Union against the University concerning the meaning, interpretation or application of any provision of this Agreement.

Section 10.2 Procedure

Grievances shall be processed in accordance with the procedure specified herein. No action or matter shall be considered the subject matter of a grievance unless presented within seven (7) days after the occurrence of the event giving issue to the grievance. If not raised in a timely fashion, the grievance will be deemed abandoned. Grievances shall be handled in the following manner:

1. Step l: The aggrieved employee shall orally present his/her grievance to his/her Sergeant. Any resolution or settlement reached at this step will be without precedent. If no resolution is effected at this step, and the employee desires to continue his/her grievance, s/he shall follow the procedures set forth below.
2. Step 2: If the aggrieved employee is not satisfied with the Sergeant’s response or if the grievance is not settled, s/he shall reduce the grievance to writing and present the grievance to the University’s Police Department Associate Director or his/her designee, with a copy to the Union within three (3) days of the Step 1 discussion with his/her supervisor. In the written grievance s/he will set forth his/her claim and facts, will refer to the specific contract provision(s) which allegedly was/were violated as well as state the name of the Sergeant s/he met with and the date of the meeting. Within ten (10) working days after the filing of the grievance, the University’s Police Department’s Associate Director or his/her designee and the Watch Commander involved, the Union representative and the aggrieved employee shall meet to attempt to reach a settlement. The Associate Director or his/her designee will provide a written answer to the Union within ten (10) working days of the Step 2 meeting.
3. Step 3: If the grievance is not settled during Step 3, the Union may refer the grievance to the University’s Employee/Labor Relations director or his/her designee within ten (10) working days after the Step 3 answer. The Union shall set forth in writing the factual or other reason(s) for the appeal. Within ten (10) working days after referring the grievance to the University’s Employee/Labor Relations Director, the Employee/Labor Relations Director or his/her designee, the University Police Department’s Executive Director or designee and the Assistant Director of Administration will meet with the Union’s Staff Representative and the aggrieved employee to discuss and attempt to resolve the grievance. The University’s Employee/Labor Relations Director or his/her designee will provide a written determination within ten (10) working days of the Step 4 meeting.
4. Step 4: If the grievance is not settled during the foregoing procedure, the Union may refer the grievance to arbitration by giving the Director of Employee/Labor Relations written notice of its desire to arbitrate within fifteen (15) working days of the Step 4 meeting. Such notice will contain the factual or other reason(s) for the referral to arbitration. If the grievance is not submitted to arbitration within the fifteen (15) working days, the grievance shall be considered settled or abandoned as the case may be.
   1. After the Union appeals the grievance to arbitration, the Union and the University shall attempt to select an arbitrator. If the parties are unable to agree on an arbitrator within ten (10) working days after the Union has served its written notice upon the University, the parties shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) arbitrators, who are members of the National Academy of Arbitrators and who are from the Chicago metropolitan area. The parties will begin the selection procedure within ten (10) working days after the receipt of the panel from the Federal Mediation and Conciliation Service. The party requesting the arbitration will strike the first name from the list and the parties will strike names alternatively thereafter. The person whose name remains shall be the arbitrator, provided that either party, before striking any names, shall have the right to reject one (1) panel of arbitrators. The arbitrator shall be notified of his selecion by a joint letter from the University and the Union requesting that he set a time and place for the hearing, subject to availability of the university and Union representatives.
   2. Not more than one (1) grievance may be submitted to or be under review by any one arbitrator at any one time unless the parties agree otherwise.
   3. The arbitrator’s decision shall be final and binding on the University, the Union and the aggrieved employee(s). The arbitrator may consider and decide only the particular grievance presented to him/her and his/her decision shall be based only upon an application or interpretation of the provisions of this Agreement. The arbitrator shall have no authority to alter, modify, amend, add to or subtract from the provisions of this Agreement.
   4. The fee and expenses of the arbitrator shall be divided equally between the parties. The parties will bear their own expenses in preparing for and presenting their positions to the arbitrator.
   5. In no event shall an award be retroactive beyond thirty (30) days prior to the date the grievance was first presented in writing.

Section 10.3 Grievance Discussions

Discussions at all steps of this process shall take place at a place and time mutually agreed to by the Union and the University.

Section 10.4 Time Limits

A grievance must be filed and appealed within the time limits set forth above, unless otherwise mutually extended, or the grievance shall be considered abandoned or settled on the basis of the last position taken by the University. In the event that the University does not answer a grievance within the time limits specified in the grievance procedure, the grievance shall automatically be processed to the next succeeding step without a formal appeal by the Union. A written answer by the University, however, will be submitted prior to discussion of the next step.

The term “working day” as used in this Article means calendar days exclusive of Saturday, Sunday and holidays.

Section 10.5 Disciplinary Grievances

Any disciplinary action against any employee shall be subject to the grievance procedure, including arbitration. Employees suspended or discharged must demand a hearing within three (3) working days after the notice of discharge or suspension, or the grievance shall be deemed abandoned. Such grievance shall be handled beginning in Step 2 of the grievance procedure.

If back pay is ordered, interim earnings will be set off against the total amount of back pay due. Interim earnings will include unemployment compensation benefits and any other monies received during the period covered by the claim; provided, however, that earnings that would have been received, had active employment at the University been continuous, will not be allowed as a set-off against any back pay ordered. In the case of a discharge, the employee has the duty to mitigate the amount of his/her back pay.

Section 10.6 Union Responsibility

The Union may process, adjust or settle any grievance at any step of the grievance procedure.