K8-Unit – ART. 23: Grievance Procedure

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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 A greement.

2. Standing

A grievance may be brought to the attention of the University through this procedure by an individual employee 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. Informal Review

As soon as practicable, the employee shall attempt to discuss the grievance with his/her immediate supervisor. All parties shall in formally 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. Formal Review

A formal Grievance must be filed in writing on a grievance form provided by the University. Grievances shall be filed 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 Manag er, 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 withi n fi f t e e n (15) cale ndar days after the date of the employee’s last day on pay status, whichever occurs first. Grievance forms may be mailed, hand-delivered or emailed to the University per the instructions set out in the grievance form in Appendix B, 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:

1. the specific article and section of the Agreement alleged to have been violated;
2. the action grieved and how it violated the above-mentioned provision;
3. the date of action grieved;
4. how the grieving employee was adversely affected; and
5. 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 conduc t e d as soon as rea sonably possible within the 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.

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

C. Time Limits

Time limits may be extended by mutual agreement of th e parties in writing in advance of the expiration of the time limits. Deadlines which fall on a Un iversity non-business day will automatically be extended to th e 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 th e 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.