K8-Unit – ART. 23: Grievance Procedure

ARTICLE 23. Grievance Procedure

A. Definition, Standing, Consolidation, and Representation

1. Definition
A grievance is a claim during the term of the Agreement that the University has violated a written provision of this Agreement.

2. Standing
A grievance may be brought to the attention of the University through this procedure by an individual employee or group of employees within the bargaining unit or by the Union. A grievance may not be brought through this procedure by the University.

3. Consolidation
Grievances brought by, or related to, two or more bargaining unit employees, and multiple grievances by or related to the same employee, which concern the same incident, issue, or course of conduct, may upon mutual agreement of the University and the Union, be consolidated for the purposes of this procedure, provided that the time limits described in this Article shall not be shortened for any grievance because of the consolidation of that grievance with other grievances.

4. Representation
An employee shall have the right to be represented at all steps of the grievance procedure by one person of the employee’s choice other than a University employee who has been designated by the University as supervisory, managerial, or confidential. If the employee chooses to be represented by the Union, the steward and another Union Representative shall have the right to be present at grievance meetings.

B. Procedure

1. Step 1 – Informal Review
As soon as practicable, the employee shall attempt to discuss the grievance with their immediate supervisor. All parties shall informally attempt a resolution of the matter before a formal written grievance may be filed. Informal resolutions, although final, shall not be precedent-setting. If the complaint is not resolved through informal discussion with the immediate supervisor, the employee may file a formal grievance as set forth below.

2. Step 2 – Department Review
A formal Grievance must be filed in writing on the agreed upon form available in Appendix B. The agreed upon form may be amended by mutual agreement of the parties. The Employee & Labor Relations Manager, Human Resources, or designee must receive the written grievance within thirty (30) calendar days after the date on which either the employee or the Union knew or could be expected to know of the event or action which gave rise to the grievance or within fifteen (15) calendar days after the date of the employee’s last day on pay status, whichever occurs first. Grievance forms may be hand-delivered or emailed to the University and must be received prior to 5:00pm of the last day of the filing period. Attempts at informal resolution do not extend time limits unless a written exception is granted in advance by the Employee & Labor Relations Manager or designee.

a. Formal grievances must set forth:

the specific article and section of the Agreement alleged to have been violated;
the action grieved and how it violated the above-mentioned provision;
the date of action grieved;
how the grieving employee was adversely affected; and
the remedy requested.

b. Within twenty (20) calendar days of the receipt of the formal grievance, the grievant and the department (and/or the designated University official) shall meet to discuss the grievance, unless the parties mutually agree to waive the meeting. If either the grievant, union representative or University requests a meeting, one shall be conducted as soon as reasonably possible within the twenty (20) calendar day period to discuss the grievance.

c. The designated University official shall render a written decision within fifteen (15) calendar days following the date of the close of the grievance meeting or agreement to waive the grievance meeting. A copy of the decision will be mailed to the grievant and to the Union at the official address on file, as communicated by the Union. A copy of the decision shall also be provided by email to each of the Union representative(s) identified on the grievance form.

Step 3 – Appeal
If the grievance is not satisfactorily resolved at Step 2, an appeal may be submitted in writing by the grievant(s) or their representative(s) to Employee & Labor Relations. The written appeal must be submitted by email to Employee & Labor Relations within fifteen (15) calendar days of the date the University’s Step 2 written answer was issued or due. If the grievant(s) or Teamsters Local 2010 do not appeal the grievance to Step 3 by the deadline, the grievance shall be considered withdrawn and ineligible for further processing.

The Step 3 appeal shall identify all unresolved issues, alleged violations and proposed remedies. The subject of the grievance as stated at Step 2 shall constitute the sole and entire subject matter of the appeal to Step 3.

Unless the parties agree otherwise, the Divisional Vice Chancellor or designee shall convene a meeting with the grievant(s) and the Union representative(s), if any, to attempt to resolve the grievance. The meeting shall be convened no later than twenty (20) calendar days following receipt of the appeal to Step 3. During the Step 3 meeting, the parties shall discuss information and contentions relative to the grievance.

The Divisional Vice Chancellor or designee shall issue the University’s written answer to a Step 3 appeal within 30 calendar days of the receipt of the appeal. The University’s decision shall be sent to the grievant(s) and their Union representative(s). Where the grievant(s) is not represented by the Union, a copy of the decision shall be sent to the Union.

The Union may refer the grievance to arbitration, where eligible, within thirty (30) calendar days after the Union’s receipt of the University’s Step 3 decision.

C. Time Limits
Time limits may be extended by mutual agreement of the parties in writing in advance of the expiration of the time limits. Deadlines which fall on a University non-business day will automatically be extended to the next business day. If a grievance is not appealed to the subsequent step of the procedure within applicable time limits, and an extension has not been agreed to in advance, the grievance will be considered settled on the basis of the last University written response. Failure by management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level.

D. Pay Status
Whenever the University and the Union convene a meeting to resolve grievances mutually during the scheduled work time of an employee who is a grievant or a representative, upon advance request, reasonable release time shall be granted to the employee(s) involved. Employee time spent at these meetings shall be considered as time worked. When such meetings are convened outside an employee’s scheduled work time, no employee release time shall be granted. University employees called as witnesses at such meetings may be released from work with reasonable advance request and granted Leave With Pay for reasonable time spent in meetings. Time spent in preparation of a grievance shall not be on pay status unless specific prior approval has been requested by the employee and granted by management. Requests for release time should be made in accordance with Article 33, Union Stewards. A reasonable amount of time spent during scheduled work hours in investigation of a grievance prior to formal filing shall be granted on pay status.

E. Notification to the Union
Informal resolution may be agreed upon at any stage of the grievance process. Prior to the resolution of any formal grievance in the Skilled Crafts bargaining unit the Union shall be notified.