Article 8 – Grievance Procedure
The parties recognize that disputes may occasionally arise concerning the terms and conditions of this Agreement and such disputes shall be resolved through this grievance procedure.
A grievance is a claim by an employee or group of employees covered by this Agreement, or by the Union, that the University has violated a specific provision of this Agreement.
The parties support the resolution of problems at the lowest possible level and to that end encourage informal discussions to resolve problems without the grievance procedure. Prior to initiating a grievance, the aggrieved party is encouraged to discuss the matter with the immediate supervisor. If requested, a Union representative may be involved in the discussion. Resolutions from pre-grievance discussions, although final, shall not be precedential.
Step One -A grievance must be filed in writing by the Union in the Office of the Department Chair, with a copy to the Director of Labor Relations. For grievances involving Hourly ASEs that are not working in a Department, the grievance shall be filed with their hiring unit director (such as the manager of the tutoring center they work at, etc.). The grievance shall state the pertinent facts of the case with reasonable particularity, including the section(s) of the Agreement allegedly violated, and the remedy or desired outcome that is sought. The date of filing is the date the grievance is received at the Office.
The grievance must be filed within twenty-one (21) calendar days from the occurrence of the events giving rise to the grievance, or from the time at which the aggrieved individual should reasonably have become aware of the grievance. The Chair (or designee) or hiring unit director (or designee) shall meet with the grievant and the Union within fourteen (14) calendar days of receiving the grievance. The Chair (or designee) or hiring unit director (or designee) shall issue a written response to the grievance within seven (7) calendar days of the meeting.
Resolutions at the First Step, although final, shall not be precedential.
Step Two - If the Union is not satisfied with the Step One response, it may appeal in writing within seven (7) calendar days after receipt of the Step One decision. The Step 2 appeal shall be made to the Dean of the Graduate School, with a copy sent to the Director of Labor Relations. The Union recognizes that the Dean may choose to designate other appropriate University personnel to act as the University’s representative for purposes of this Step 2. The Dean (or designee) and the Director of Labor Relations (or designee) shall meet with the Union and grievant within fourteen (14) calendar days of receiving the Step 2 appeal, and issue a written response to the grievance within seven (7) calendar days of the meeting. The requirement of a meeting may be waived by mutual agreement.
Step Three – Arbitration
1. In the event the parties are unable to resolve the grievance in Step 2, the matter may be appealed to an impartial arbitrator for resolution within fourteen (14) calendar days of receiving the Step 2 decision. The submission of the matter to arbitration shall be provided to the Director of Labor Relations, and shall state the issue to be arbitrated, and the remedy that is sought.
2. Selection of an arbitrator.
a. The parties agree to mutually select a panel of five (5) arbitrators who will preside over complaints appealed to arbitration.
b. In the event the parties are unable to mutually select a panel, the parties shall request a panel of Academy qualified arbitrators from Washington or Oregon from the American Arbitration Association.
c. Either party may request that a panel member be removed provided a 30-day notice is given to the other party.
d. Grievances appealed to arbitration shall be rotated between the panel members, except that, in the event scheduling problems exist, either party may request that the panel member next scheduled may be passed over.
3. Arbitration hearings shall be scheduled within 60 days of the appeal to arbitration whenever possible.
4. The arbitrator shall conduct a hearing in accordance with the rules of the American Arbitration Association. The arbitrator shall render a decision on the grievance within 30 days of the close of the hearing.
5. The decision of the arbitrator shall be binding on all parties.
6. The expenses and fees of the arbitrator shall be shared equally by the Union and the University.
7. The parties agree that the arbitrator shall not have the power or jurisdiction to render a decision that adds to, subtracts from, alters, amends or modifies in any way the terms and conditions of Agreement. The arbitrator shall have no jurisdiction or authority to substitute his/her judgment for any academic judgment made by the University.
8. In disciplinary cases, the remedy available to the arbitrator shall not exceed making the employee whole for the remainder of the individual’s appointment period.
9. Each party shall bear its own fees and expenses in presenting its case, including the costs of legal representation.
Time Limits: Failure to file or appeal a grievance within the specified time periods shall constitute a waiver of the grievance, and the matter shall be deemed resolved. By mutual written agreement, the parties may extend any and all time limits.
The failure by the Employer to give a decision within the prescribed time limits under this Article shall permit the Union to proceed with the appeal to the next level. Notwithstanding this process, the Employer fully accepts its good faith obligation to process grievances, confer with grievant(s) and UAW representatives, and issue written decisions in accordance with the procedure described above.