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Article 26 — Grievance and Arbitration Procedure

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  1. A grievance shall be defined as a dispute or difference between the parties hereto    arising out of the application, administration, interpretation or alleged violation of this Agreement, and shall be processed and resolved in accordance with the procedure described below.  The Employer and Union agree that it is in their mutual interest that grievances be presented and handled as expeditiously as possible.  The time limits may be extended only upon written agreement of the parties.
  2. Grievances affecting a substantial number or class of Registered Nurses or the bargaining unit as a whole, or which the Employer’s representative at Step 1 lacks authority to resolve, may be presented to the Employer in the first instance at Step 2 by the Union’s General Representative.  The Employer may initiate a grievance to the Union by presenting it in writing to the UFT President or his/her designee.  If the grievance is not resolved at this Step, the Employer may invoke arbitration of the dispute by following the same procedures (including time limits) applicable to the Union’s appeal to arbitration, as set forth in Step 3 below. 
  3. Procedure and Time Limits
    • Step 1 – A Registered Nurse who has a grievance as defined above shall, within ten (10) working days after the Registered Nurse knows or should have known of the act, incident or occurrence giving rise to the grievance, present a grievance in writing to the Registered Nurse’s Regional Supervisor or Department Head. A grievance that is not submitted to the Employer within the time period specified in this Procedure shall be barred. 

      The Registered Nurse, Regional Supervisor/Department head and the Union’s Local Representative will meet to discuss the grievance and attempt to resolve it.  Within ten (10) working days after presentation of the grievance, the Employer shall provide a written response to the Registered Nurse and to her/his Union representative.

    • Step 2 – If the grievance is not adjusted in Step 1, it may be appealed in writing to the Employer’s V.P. for Human Resources or designee within ten (10) working days after the grievance is answered by the Employer at Step 1.  In the absence of a timely appeal, the grievance shall be deemed resolved. Within ten (10) working days after submission of a Step 2 appeal, or within five (5) working days after a conference between the Union’s General Representative and the V.P. for Human Resources or designee, whichever is later, the Employer shall provide the Union with a written response to the appeal.
    • Step 3 – If the grievance is not adjusted at Step 2, the Union may, within fifteen (15) days after receipt of the Employer’s Step 2 response, submit a demand for arbitration to the American Arbitration Association with a copy to the Employer.  In the absence of a timely demand for arbitration by the Union, the grievance shall be deemed resolved. The arbitration shall be conducted in accordance with then existing Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA).  Arbitrators shall be jointly selected by the Employer and Union from Lists for Selection of Arbitrator provided by the AAA. The fees and expenses of any arbitration shall be shared equally by the Employer and Union, but each party shall be solely responsible for payment of its own attorney’s fees.
  4. The arbitrator’s decision shall be final and binding on the parties, including any affected Registered Nurse(s).  The arbitrator shall not have any power to add to, subtract from or otherwise modify this Agreement.
  5. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step of the Grievance and Arbitration Procedure.