Article 25 - Grievance and Arbitration Procedure
Feb 27, 2006 2:10 PM
A. Definition
A grievance is a claim that a provision of this Agreement has been violated. An individual Employee, a group of Employees or the Union may initiate a grievance.
B. Informal Resolution
It is the intent of the parties to resolve individual grievances promptly, without recourse to the formal grievance procedure. Therefore, an individual Grievant and the Chapter Leader (or his/her designated representative) shall meet with the immediate supervisor and attempt to resolve the grievance informally. If there is no resolution the formal grievance procedure shall apply.
C. Formal Grievance Procedure
- Step One
A formal grievance shall be submitted by the Union to the Dean of Academic Affairs within fifteen days of the date the fact(s) giving rise to the grievance were known to the Grievant or reasonably should have been known.
The grievance shall be in writing and shall set forth the claim and identify the contractual provision(s) alleged to have been violated and the bargaining unit member(s) affected. It shall also set forth the remedy sought.
The Dean of Academic Affairs and/or the Director of Human Resources shall meet with the Grievant and the Chapter Leader (or his/her designated representative) within ten (10) days to attempt to resolve the grievance. The Employer’s answer and supporting reasons shall be given in writing within ten (10) days of the meeting to the Union. - Step Two
If the grievance is not resolved at Step One, the Union may appeal in writing to the President of the School within ten days after receiving the Step One answer. The President shall meet with the Grievant and the Chapter Leader (or his/her designated representative) within ten days after receipt of the appeal and attempt to resolve the grievance. The answer of the President and supporting reasons shall be given in writing to the Union within ten days after the meeting.
D. Arbitration
If the grievance is not resolved at Step Two the Union, within fifteen days after receiving the Step Two answer or after the failure to answer within the time limit, may submit a notice of arbitration to the Employer, with a copy to the American Arbitration Association (AAA). The notice shall include a brief statement setting forth the issue to be decided by the arbitrator, the specific provision(s) of the Agreement involved and the remedy sought.
The Union shall request the AAA to submit simultaneously to each party an identical list of names chosen from the Panel of Labor Arbitrators for selection of an arbitrator, in accordance with the Labor Arbitration Rules of the AAA, to hear and decide the case.
The arbitration shall be handled in accordance with the then existing Labor Arbitration Rules of the AAA related to the hearings and fees and expenses. The arbitrator shall have no authority to add to, subtract from, alter, amend or in any way modify the terms and provisions of the Agreement. The fees and expenses of the arbitration shall be borne equally by the Employer and the Union. Each party shall bear the expenses of preparing and presenting its case at arbitration.
The arbitrator’s written decision and opinion shall be issued not later than thirty days from the close of the hearings. The decision shall be final and binding on the Union, the Employer and the Employees. The Employer agrees to apply to all substantially similar situations the decision of an arbitrator sustaining a grievance. The Union agrees that it will not bring or continue any grievance that is substantially similar to a grievance denied by the decision of an arbitrator.
E. Time Limits
The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and holidays. Failure on the part of the Union to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. Failure on the part of the Employer to answer a grievance at any step within the specified time limits shall entitle the Union to proceed to the next step or to arbitration, as applicable.
If the immediate supervisor lacks authority to settle an individual grievance, it may be initiated by the Union at Step One of the formal grievance procedure, as appropriate, provided that it is initiated within the time period set forth in Step One.
In any specific grievance the time limit at any step may be extended by written agreement between the Employer representative at that step and the Chapter Leader.
