Article 9 - Grievance and Arbitration

Section 1. A grievance within the meaning of this Agreement shall be any dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement.

Section 2. The following steps shall be followed in the processing of grievances:

Step 1. The Unit Core Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty-one (21) calendar days of its occurrence or discovery. The grievance must be reduced to writing and must specify the nature of the grievance, the provision(s) of this Agreement at issue, and the relief requested. If the grievance is not resolved satisfactorily within fourteen (14) calendar days thereafter, the grievance may proceed to Step 2. Furthermore, while the Unit Core Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the Unit Core Faculty member’s behalf at Step 2, provided it is so initiated within the twenty-one (21) calendar days specified above. In the event an individual Unit Core Faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application of this Agreement.

Step 2. If the grievance is not resolved at Step 1, the Unit Core Faculty member may request that the Union appeal the grievance to Step 2. If the Union deems the grievance to be meritorious, it may file the Step 2 grievance with the Unit Core Faculty member’s Dean or his/her designee within fourteen (14) calendar days of receipt of the Step 1 response, or within seven (7) calendar days of the deadline for the Step 1 response, if none was received. If the grievance is filed within the time limits, the Dean or his/her designee shall conduct a meeting as soon as practicable, but no less than fourteen (14) calendar days from the filing of the Step 2 grievance for the purpose of attempting to resolve the grievance. If the grievance is not resolved at this meeting, the Dean or his/her designee shall respond to the Union in writing within fourteen (14) calendar days of the meeting. If the Dean or his/her designee fails to respond within fourteen (14) calendar days of the meeting, the grievance may proceed to Step 3.

Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union to the University’s Provost or his/her designee within seven (7) calendar days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at this Step as soon as practicable, but no less than fourteen (14) calendar days from the filing of the Step 3 grievance. If the grievance is not resolved at this meeting, the Provost or his/her designee shall respond to the Union in writing within fourteen (14) calendar days of the meeting. Any grievance filed by the Union on behalf of two or more Unit Core Faculty members, or involving the discharge of a Unit Core Faculty member or a grievance against a Dean, may be initiated at Step 3. Additionally, as to any other grievance, the parties may proceed initially at Step 3 if by mutual agreement, in writing.

Section 4. Arbitration. A grievance not resolved at Step 3 may be appealed to arbitration by the Union by giving notice to the University within twenty-one (21) calendar days of the Step 3 response. The Union and the University shall endeavor to mutually agree to the selection of a single arbitrator. If the Union and the University are unable to reach an agreement on the selection of an arbitrator, the parties shall use the selection procedures of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties.

The fees and expenses of the arbitrator, and the cost of any hearing transcript, shall be borne equally by the Union and the University.

If a Unit Core Faculty member must miss a class because they are required to attend an arbitration hearing, there will be no loss of compensation from the University for that Unit Core Faculty member. The Unit Core Faculty member shall be responsible for scheduling a make-up class or arranging, sufficiently in advance of the scheduled class, for a suitable replacement to teach the class who is acceptable to the Department Chair or Program Director. The University shall not be required to incur any expense as a result of a replacement faculty. Such replacement approval shall not be unreasonably denied.

Section 5. All time limits herein shall exclude the winter break period when the University is closed, and may be extended by mutual agreement expressed in writing.