If you believe that there is an issue where you would like to file a grievance, please contact one of the Eastern Chapter Officers in order to discuss the problem. Please note that you may speak to an officer at any time, but in order to file a grievance, you will need to fill out an Official Grievance Form.
ARTICLE 21 — GRIEVANCE PROCEDURE
21.1 Procedural Guarantees
21.1.1 An administrative faculty member shall have the right to present grievances in accordance with these procedures without fear of coercion, interference, restraint, discrimination, or reprisal. Information pertaining to a grievance shall be considered privileged and subject to dissemination only among parties of interest.
21.1.2 No grievance shall be processed as set forth below without the approval of and appropriate representation by the Union unless otherwise provided by law.
21.1.3 All hearings shall be and remain confidential unless an open session is requested by the grievant.
A difference or dispute arising from the application or interpretation of this Agreement.
21.2.2 Discretionary decisions by Management regarding the granting of personal leave, professional leaves, leaves without pay, and sabbatical leaves, shall be subject to the grievance procedure through Step 2 and may be carried further by mutual agreement.
The Union or an administrative faculty member who files a written grievance under this Article. A grievant, with the concurrence of the Union, shall retain the right to see a grievance through to its completion or to withdraw it without prejudice at any point in the procedure. The grievant shall have the right to be present at any meeting where his case is presented.
As used in this Article, the term “grievant” or “administrative faculty member” shall also apply to a collective body of those individuals having the same grievance. The term “grievance” shall also include a grievance involving more than one member at a single University and a grievance involving more than one University.
21.3 Procedure for Handling Grievances
21.3.1 Grievance Forms
Appropriate forms for filing grievances appear in the Appendix. A grievance shall always be written and shall contain: (1) the name and position of the grievant; (2) a statement of the nature of the grievance; (3) the remedy requested; (4) the signature of the grievant (unless presented by SUOAF-AFSCME in behalf of a member or members); (5) the signature of the appropriate Union representative. All decisions shall be rendered in writing at each step of the process.
21.3.2 Submission of Grievance Forms
Grievances shall be filed according to the schedule specified in Section 21.4 below. Grievances shall be dated upon receipt.
21.3.3 Preparation of Grievances
The Board or its representatives shall make available to SUOAF-AFSCME any and all material, documents, or copies thereof related to the processing of grievances.
21.3.4 Rights of SUOAF-AFSCME
If a member elects not to be represented by SUOAF-AFSCME, the member shall indicate such in writing on the grievance form, and Management shall promptly provide the Union with a copy.
Whether or not the employee chooses to be represented by the Union, a SUOAF-AFSCME representative shall be present at all stages of the grievance procedure.
21.3.5 Time Limits
Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of the grievance procedure to appeal a grievance to the next step within specified time limits shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in each step of the grievance procedure may be extended by mutual agreement.
21.3.6 Expedition of Grievances
The Union shall have the right to present grievances of a general nature at Step 2 (University level) or at Step 3 (Board level).
A grievance of any nature may be entertained in or advanced to any step in the grievance procedure if the parties mutually agree to do so in writing.
21.4 Steps in the Grievance Procedure
A grievance must be presented in writing at the appropriate level within ten (10) work days following the time when the grievant became aware of the act, event, or condition which constitutes the basis of the grievance.
21.4.1 Step 1— Dean/Vice President
The grievant shall submit his/her written grievance to the appropriate Dean or Vice President through an official Union representative. Upon receipt of the grievance, the Dean or Vice President shall promptly arrange a meeting to discuss the grievance with the grievant and with the SUOAF-AFSCME representative. The Dean or Vice President shall be required to respond in writing on the official grievance form and to return the form within five (5) work days of receipt to the Union representative. If the grievance is adjusted, the adjustment will be reduced to writing and signed by the Dean or Vice President and the Union representative. If there is no mutually agreeable adjustment, the grievance may be forwarded to the Step 2 level.
21.4.2 Step 2 — University President/Chancellor
Within five (5) work days of the Step 1 written answer, the SUOAF-AFSCME representative shall present the unresolved grievance to the University President/Chancellor or his/her designee. Upon receipt of the grievance, the University President/Chancellor or his/her designee shall promptly arrange a meeting to discuss the grievance with the grievant and with the SUOAF-AFSCME representative. The University President/Chancellor or his/her designee shall be required to respond in writing on the official grievance form and to return the form within five (5) work days of receipt to the Union representative. If the grievance is adjusted, the adjustment will be reduced to writing and signed by the University President/Chancellor or his designee and the Union representative. If there is no mutually agreeable adjustment, the grievance may be forwarded to the Step 3 level by, and only by, the Union.
21.4.3 Step 3 — Board of Trustees
Within ten (10) work days of the Step 2 written answer, the SUOAF-AFSCME representative shall present the unresolved grievance to the appropriate Board of Trustees officer or his designee. Upon receipt of the grievance, the Board officer or his/her designee shall promptly arrange a meeting to discuss the grievance with the grievant and with the SUOAF-AFSCME representative.
The Board officer or his designee shall be required to respond in writing on the official grievance form and to return the form within ten (10) work days of receipt to the Union representative. If the grievance is adjusted, the adjustment will be reduced to writing and signed by the Board officer or his/her designee and the Union representative.
21.4.4 Step 4 — Arbitration
If the grievance is not satisfactorily adjusted at Step 3, the grievance may be submitted to binding arbitration by, and only by, the Union. The arbitration process may be initiated by filing a written request for arbitration to the American Arbitration Association, with notice to the Board of Trustees, within thirty (30) work days of the receipt of the written answer rendered at Step 3. Within five (5) work days of the receipt of the arbitration request, the representatives of the Board and the Union shall meet to attempt to select a mutually agreeable arbitrator from lists of available arbitrators furnished by the AAA. If the foregoing does not result in the designation of a mutually acceptable arbitrator, the following procedure shall be used to make the final selection.
If the Board and the Union cannot agree upon an acceptable arbitrator, each party will strike names from the list until one remains, the obligation to strike first being determined by a coin flip.
From this point forward, the parties will follow the procedures prescribed by the AAA.
All arbitration proceedings shall be private, with only parties in interest allowed to attend unless the grievant agrees otherwise.
The arbitrator shall issue his decision not later than thirty (30) calendar days from the date of the close of the hearings, or, if oral statements have been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator’s opinion and conclusion on the issues submitted. The arbitrator shall have no power to add to, delete, or modify any of the terms of this Agreement.
The costs of arbitration proceedings, exclusive of counsel and witness fees, shall be shared equally by the parties. If one party requests a verbatim record of the proceedings, the requesting party shall pay for such transcripts and provide them to the other party.
If any issue of arbitrability is to be raised at arbitration, the issue must have been raised at Step 3. The party raising arbitrability shall notify the opposing party in writing of such an issue and the rationale shall be included in such notice. Subsequent hearing of the Step 3 grievance shall not be deemed waiver of the arbitrability issue.