Apr 10, 2007 11:57 AM
Complaints concerning the alleged violation, misinterpretation or misapplication of this Agreement shall be adjusted as set forth below:
Step 1 Within thirty (30) days of the date the employee knew or should have know of the grievance, it shall be presented in writing by the employee to his/her immediate supervisor. The employee may choose to be represented by a Chapter site representative or a representative of the Chapter grievance committee. The determination of the immediate supervisor shall be in writing and copies thereof shall be transmitted to the grievant and the grievant's Chapter representative, within five (5) working days after the grievance is presented.
Step 2 If the grievance is not resolved at Step 1 within five (5) working days after its presentation, the grievant may appeal to the Education Director of the CWE by filing a written statement of the grievance within seven (7) working days after the presentation of the grievance at Step 1. The grievant will be represented at this Step by a member of the Chapter grievance committee. The Education Department, the grievant and the Chapter grievance committee member shall work for a satisfactory adjustment of the grievance through conference, negotiations and Agreement. The determination of the Education Director shall be in writing and copies thereof shall be transmitted to the grievant and the grievant's Chapter representative, within five (5) working days after the appeal to Step 2.
Step 3 If the grievance is not resolved at Step 2 within five (5) working days after its presentation, the grievant may appeal to the Executive Director of the CWE or designee in writing within ten (10) working days after presentation of the grievance at Step 2. The grievant may choose to be represented at this Step by a member of the Chapter grievance committee or by a Union staff representative, both of whom may be present at this Step.
The Executive Director or designee, the grievant and his or her representative shall work for a satisfactory adjustment of the grievance through conference, negotiations and agreement. The determination of the Executive Director or designee shall be in writing and copies thereof shall be transmitted to the grievant, the Chapter grievance committee member and the Union staff representative who attended, within ten (10) working days after the appeal to Step 3.
Step 4 The Union shall have the right to bring grievances unresolved at Step 3 to impartial arbitration.
The parties agree to identify up to five arbitrators acceptable to both parties for the resolution of disputes, either by proposing candidates to the other party or by striking names from list(s) supplied by the American Arbitration Association or similar body.
The arbitrators shall serve on a rotation basis to hear and determine the case or cases submitted, within 21 days if possible. If no panel arbitrator is available to hear the case(s) within 21 days, the regular rotation order shall determine the arbitrator selected for the case(s).
Disciplinary cases resulting in the loss of employment (i.e., cases of discharge or suspension without pay), will be arbitrated to completion within six (6) months of the parties' engagement of an arbitrator. All arbitration hearings will be concluded and briefs submitted to the arbitrator within five (5) months. The arbitrator will have one (1) month from the conclusion of the proceeding to issue the award. In disciplinary cases resulting in the loss of compensation, the arbitrator who comes up on the rotation must commit to move the case to conclusion within the expedited time frame. Otherwise, the next arbitrator on the rotation who can satisfy the parties' expedited hearing procedure will be selected.
The panel arbitrators shall serve for the term of the Agreement, and shall be continued for additional terms unless either party discontinues the service of any panel arbitrator by notification to the other party thirty days before the contract expires that such arbitrator will not be selected for an additional term. Arbitrators not selected by the parties to serve an additional term will be so notified jointly by the parties. The parties can mutually agree to remove any arbitrator from the panel at any time. Should an arbitrator become unavailable to serve, for any reason, the parties will designate a replacement from lists supplied by the American Arbitration Association.
Arbitrators who are not continued for an additional term shall finish any case they have begun hearing.
The arbitrator's decision, order or award (if any) shall be limited to the application and interpretation of the terms of the Agreement, and the arbitrator shall not have the authority to add to, subtract from or modify the Agreement. The arbitrator's award on matters properly before him or her shall be final and binding on the Union, the Employer and the employees and enforceable in any appropriate tribunal in accordance with law. An arbitrator may provide for and direct such relief as the arbitrator deems necessary and proper, subject to the limitations set forth herein and any applicable limitation of law. The expense of the arbitration shall be shared equally by the Employer and the Union.
Grievances arising from the action of the Executive Director or designee shall be initiated at Step 3 of this procedure. Grievances filed by the Employer also shall be initiated at Step 3 of this procedure to the Chapter Grievance Committee. A Union staff representative may be present at this step. The Employer shall have the right to bring such grievance unresolved at Step 3 to impartial arbitration as provided in Step 4.
The Union may initiate and appeal a grievance pursuant to this procedure on behalf of a group of employees or on behalf of all employees in the bargaining unit.
Any disposition of a grievance from which no appeal is taken within the time limits set forth above shall be deemed resolved and a waiver of the right to process further the grievance, unless the Union and Employer agree in writing to extend such time periods; provided, however, that any such extension (i) shall be made on a non-precedential basis and (ii) shall not be cited by either party in any other grievance, arbitration, action or proceeding.