LOCAL 701 Agreement 2007-2010

ARTICLE VI    GRIEVANCE AND ARBITRATION PROCEDURE

Section 6.1. Grievance Procedure.

Any claim that the University has violated this Agreement, arising under and during the term of this Agreement, shall be settled exclusively in accordance with the grievance procedures set forth hereinafter. Grievances must be taken up promptly and no grievance will be considered or discussed which is presented more than ten (l0) calendar days after occurrence of the event(s) giving rise thereto or ten (l0) calendar days after the employee or the Union shall have learned of same. All grievances shall be processed in accordance with the following procedure:

Step 1.	The grievance shall be discussed between the employee and the immediate supervisor. The Steward or a designee may be present during this discussion at the request of the employee. The supervisor must give his answer to the employee within five (5) working days.
Step 2.	If no satisfactory settlement is reached in Step 1, the grievance shall be reduced to writing by the aggrieved employee and the Steward or a designee and submitted to the Manager of the Central Shop or such representative as he may designate within five (5) working days after the receipt of the response given in Step 1 of this procedure. The employee (including the Steward) will meet with the Manager of the Central Shop or such representative as he may designate within five (5) working days after the grievance is presented. The University representative shall respond, in writing, to the grievant within five (5) working days after the meeting with the grievant and his representative.
Step 3.	If no satisfactory settlement is reached in Step 2, the Union must file a written appeal with the Director of Employee/Labor Relations or his designated representative no later than ten (10) working days following the receipt of the University representative's Step 2 answer. A representative of the Union, the steward or designee, and the aggrieved employee will meet with the Director of Employee/Labor Relations or his designated representative within five (5) working days after the receipt of the appeal from the Union. The Director of Employee/Labor Relations or his designated representative shall render his decision, in writing, within five (5) working days after such a meeting.
Step 4.	In the event the decision of the Director of Employee/Labor Relations or his designated representative in Step 3 is not satisfactory, the Union has the right to submit the grievance to arbitration as hereinafter set forth; provided that the grievance shall be deemed waived if the Union does not file notice of arbitration with the University within twenty (20) days after the University's answer in Step 3.

Section 6.2. Second Step Grievances.

General grievances affecting the employees in the unit as a whole, disciplinary suspensions and discharge grievances may be initiated at Step 2 of this procedure as provided in that Step.

Section 6.3. Time Limits.

The time limits set forth in the grievance procedure may be extended, where necessary, by mutual agreement.

Section 6.4. Lost Time.

No employee or Union representative shall lose pay for any reasonable amount of time spent during his regularly scheduled working hours in processing a grievance as provided in this Article.

Section 6.5. Disciplinary Notices.

Copies of all disciplinary notices shall be given to the employee and the Union. Grievances protesting such notices must be filed within ten (l0) calendar days from the date of same, and if more than ten (l0) calendar days elapse, the employee shall be barred thereafter from processing a grievance involving said notice.

Section 6.6. Settlement.

When a grievance is settled, excepting grievances resolved in Step l of the procedure for handling grievances, such settlement shall be reduced to writing and copies distributed to all persons involved.

Section 6.7. Arbitration Procedure.

Any controversy which has not been satisfactorily adjusted in Step 3 of the grievance procedure may be referred in writing by the Union for arbitration no later than twenty (20) calendar days after the final decision in Step 3 is communicated to the Union. The parties shall meet promptly for the purpose of agreeing within ten (l0) calendar days after the written request for arbitration is received by the University, the parties shall request the American Arbitration Association to provide a list of five (5) Arbitrators, who are members of the National Academy of Arbitrators. Each party shall alternately strike a name and the name remaining shall be the arbitrator. The loser of a coin flip shall strike first. The parties shall submit the grievance to be arbitrated in a written stipulation to the arbitrator.

Section 6.8. Authority of Arbitrator.

The decision of the arbitrator shall be in writing and shall be final and binding upon the University, the Union, the employee or employees involved and all other employees represented by the Union. The arbitrator may consider and decide only the particular grievance presented to him in written stipulation and his decision shall be based solely upon application or interpretation of the provisions of this Agreement. The arbitrator shall not have the right to alter, modify, or change this Agreement, nor shall his award, if any, be retroactive beyond thirty (30) days prior to the date the grievance was first presented in writing.

Section 6.9. Expenses

The expenses and the fee of the arbitrator shall be shared equally by the University and the Union. All other fees and expenses shall be borne by the party incurring them.