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Article 10: Grievance Procedure

Collective Bargaining Agreement for Maintenance and Operations

10.1 Purpose

10.1.1

The purpose of this procedure is to secure at the lowest possible administrative level, equitable resolutions to problems which may arise and are subject to review under this procedure. There shall be no other grievance or appeal procedure for members of the bargaining unit other than that contained in this Article. The Union agrees and waives the right to challenge any employment actions, except as delineated in this Agreement and the grievance procedure contained herein.

10.2 Definitions

10.2.1

Grievance. Shall be defined as a dispute pertaining to a claim which alleges a violation of this collective bargaining agreement.

10.2.2

Grievant. Shall be an employee, a group of employees, the Local Union or the Union.

10.2.3

Days. Shall mean Monday through Friday, not including holidays or times when the College's administrative offices are closed.

10.3 Procedures

10.3.1

The grievance proceedings shall be kept informal at all levels of this procedure.

10.3.2

The number of days indicated at each level of this procedure shall be considered maximum, and every effort shall be made to expedite the process.

10.3.3

If the Employer or the Employer's representative(s) fails to comply with the time limit requirements as set forth under any of the procedural steps, the grievance shall be considered automatically appealed to the next level of the procedure.

10.3.4

If the grievant fails to comply with the grievants time limit requirements as set forth under any of the procedural levels, the grievance shall be considered null and void. In the event a grievance is pursued to arbitration and there is a question raised over the issue of timeliness, upon a finding by the arbitrator that the grievance failed to comply with any time limit requirement, the arbitrator shall be required to dismiss the grievance.

10.3.5

The time limits set forth herein may be extended, provided the extension has been mutually agreed in writing by the parties.

10.3.6

A grievance shall not be considered unless the grievant, the Local Union or Union representative initiates the grievance no later than fifteen (15) working days after the grievant knew or reasonably should have known of the action which precipitated the grievance.

10.3.7

Failure of the grievant or the Union to comply with any requirements or procedures of the grievance procedure will result in the dismissal of the grievances.

10.4 Steps

10.4.1

No matter shall be submitted under the grievance procedure unless it has been discussed by the employee and/or the Local Union Representative with the employee's immediate supervisor in an informal meeting to attempt resolution.

10.4.1.1

If the grievance is not resolved in the informal meeting with the employee's immediate supervisor, a written grievance may be filed with the Department Director or designee. Such written grievance must be filed within fifteen (15) days from the date of the incident that precipitated the grievance as identified in section 10.3.6 above.

10.4.1.2

To be considered, the grievance must be timely filed and contain at minimum the following:

Name of aggrieved employee, department, job title, action taken by the Employer, Article and Section of Contract allegedly violated, a concise description of the facts that support the claim of violations of the contract, all known witnesses at the time an applicable dates, relief requested, and representative if any. No amendments to the grievance are allowed unless they are made within the time frame established in 10.4.1.1.

10.4.2

If after ten (10) days from the date the grievance was filed with the Department Director, the grievance is not resolved, a grievance may be filed with the Executive Director of Human Resources or designee. Such grievance must be filed within ten (10) days from the date of the Department Director response or the date that response was due. No later than fifteen (15) days following receipt of the written grievance, the Executive Director of Human Resources or designee shall schedule a meeting with the Union Representative or grievant, in an attempt to resolve the grievance. Each party shall be entitled to bring documents and/or witnesses (at the expense of the party bringing the witness) to the meeting in order to present evidence on their behalf.  Each party shall have the right to cross examine witnesses brought by the other party. 

10.4.3

The Executive Director of Human Resources or designee shall have fifteen (15) days to render a decision. 

10.4.4

If the grievance is not resolved with the Executive Director of Human Resources or designee's decision(s), the Union, with input from the grievant, may submit the grievance to arbitration. Such request must be submitted to the Executive Director of Human Resources or designee not later than ten (10) days following the receipt of the Executive Director of Human Resources or designee's decision.

10.4.5

If the grievance is not resolved with the Human Resources Director or designee's decision(s), the UNION, with input from the grievant, may submit the grievance to arbitration. Such request must be submitted to the Human Resources Director or designee not later than ten (10) days following the receipt of the Human Resources Director or designee's decision.

10.5 Arbitration

10.5.1

The moving party will be responsible to administratively arrange for the arbitration. There shall be no special requirements for the arbitrator or any limitation on the arbitrator pool without the mutual written agreement of the parties.

10.5.2

The arbitrator will be selected from a list of seven (7) arbitrators requested from the Federal Mediation and Conciliation Service in accordance with the provisions contained in this Agreement. The parties shall alternatively strike names on the list until there is one name remaining who shall be the arbitrator. The loser of a coin flip shall strike the first name.

10.5.3

The arbitrator shall conduct the hearing as soon as possible and shall render the determination within thirty (30) days, following the conclusion of the hearing.

10.5.4

The arbitrator's decision shall be in writing and shall include the decision, the rationale, and, if appropriate, the relief.

10.5.5

The arbitrator shall not have the authority to modify, expand or add to the rights that employees or the Union have under the provisions of this Agreement or the Governing Board's Policy on Labor Management Relations.

10.5.6

The arbitrator's decision shall be final and binding on the parties, subject to appeal in accordance with the Uniform Arbitration Act.

10.5.7

The arbitrator's fees and cost shall be shared equally by the parties including the cost of a court reporter. All other expenses shall be assumed by the party incurring the costs, including the cost of witnesses.

10.6 Miscellaneous

10.6.1

No reprisal or retaliation by any party shall be taken against any person who participates or is a witness in the preceding and/or processing of a grievance.

10.6.2

A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure.

10.6.3

An employee. acting individually. may present a grievance without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. At any hearing (Department Director level or above) of a grievance brought individually by an employee, the Union, as a party to this collective bargaining agreement, will be afforded the opportunity to be present and make its views known. Any adjustment made shall not specifically violate the provisions of this collective bargaining agreement.

10.6.4

If a grievance affects a group of two (2) or more employees, or involves an action or a decision by the College or the Division Director which has a division wide impact, the Union may submit the grievance on behalf of the affected employees. All procedural requirements that apply to the grievant will also apply to the Union when filing a grievance on behalf of employee(s).

10.6.5

The parties will exchange information or documents they believe will help resolve the grievance. The College will furnish the Union, upon written request, information/material contained in the aggrieved employee's official personnel file, and documentation that the employer used to form the basis of the discipline. This could/may apply to written statements of employees, citizens or others.

10.6.6

All documents related to a grievance shall be maintained as a separate file. This does not include disciplinary actions and/or documents that are the subject of a grievance.

10.6.7

All grievance and grievance responses shall be filed and processed in accordance with this collective, bargaining agreement.

10.6.8

The grievant's and the Union's processing of grievance shall be conducted on non-Employer paid time, unless otherwise agreed to by the parties.