Article 16: Grievance and Arbitration Procedures

1. Definition and Representation

A grievance is a written complaint and request for remedy involving an alleged

violation of a specific provision(s) of the Agreement and filed using

the procedure outlined below. The primary purpose of this procedure is to

secure, at the lowest level possible, equitable resolution of the grievance.

2. Group Grievances

When more than one Employee has a grievance involving common facts

and provisions of the Agreement, at least one designated member of the

group shall process the grievance on behalf of all similarly-situated Employees.

The Employee processing the grievance will clearly specify it is a

“Group Grievance.”

a. Intra-departmental

If the aggrieved Employees in the group are within the same department

or unit, the Grievance shall be filed at Step One of the Grievance

Procedure if all aggrieved Employees have the same immediate

supervisor, and shall be filed at Step Two of the Grievance Procedure

otherwise (see Section 4c below).

b. Multi-departmental

If the aggrieved Employees in the group are from more than one department

or unit, the grievance shall be filed at Step Three of the Grievance

Procedure (see Section 4d below).

Where one or more extant grievances involve a similar issue, those grievances,

by mutual agreement, may be held in abeyance without prejudice,

pending the disposition of an appeal to Step Three or arbitration of a representative

case.

3. Procedure for Disputes over Employee Classification

In the event that the Union believes an employee has not been properly

classified, and the employee’s classification would be determinative of

whether the employee is a member of the bargaining unit, the Union may

request the convening of a special conference (as per Article 17) to discuss

this matter. Should the special conference fail to resolve the matter, a grievance

may be initiated at Step Three of the grievance procedure.

4. Grievance Procedure

a. General Provisions

The following procedure shall be the sole and exclusive means for resolving

grievances.

b. Step One

An Employee or a designated member(s) of a group of Employees

having a grievance may take the matter up informally with the immediate

supervisor within thirty (30) calendar days from the date the

grievant(s) first became aware, or reasonably should have been aware,

of the facts giving rise to the grievance. At the Employee’s option, a fellow

union member or union representative may be present at the Step

One meeting. The Employee will notify the immediate supervisor that

the meeting is a Step One informal discussion, and both parties will

note the date to ensure any subsequent formal grievance is filed in a

timely fashion. If the informal discussion does not lead to a resolution

of the grievance, a formal grievance may be filed at Step Two.

c. Step Two

If the matter is not resolved at Step One or the employee prefers not to pursue a direct conversation with the supervisor, a formal grievance shall be

submitted in writing to the Department Chairperson (or equivalent

level of supervisor or designee) within thirty (30) calendar days of the

Step One meeting or, in the latter instance, within thirty (30) calendar days of when the grievant(s) first became aware, or reasonably should have been aware, of the facts giving rise to the grievance. The formal written grievance shall be signed and

dated by the aggrieved Employee and a Union representative, and shall

set forth the relevant facts, including dates, involved individuals, the

specific Articles/Sections of the Agreement which have allegedly been

violated, and the desired remedy.

Within fourteen (14) calendar days of receipt of the grievance, the Department

Chairperson (or equivalent level of supervisor or designee)

shall conduct a meeting between the aggrieved Employee(s) and the

relevant supervisor(s) at a mutually agreeable time and place. The Department

Chairperson shall provide the Union grievance committee

chairperson with a written answer to the grievance within fourteen

(14) calendar days of the meeting.

i. If the Department Chairperson fails to schedule a meeting within

fourteen (14) calendar days of receipt of the grievance, or to respond

in writing to the grievance within fourteen (14) calendar

days of the meeting, the grievance will be considered resolved

pursuant to the Step One answer unless the grievant advances the

grievance to Step Three in a timely fashion.

d. Step Three

If the matter starts at Step Three, then the grievance will be filed by the Union with the Provost.

On the other hand, if the matter is still unresolved from Step Two, the grievance may be appealed by the

Union to the Employer’s designee within thirty (30) calendar days of

the Step Two answer. Within fourteen (14) calendar days of the appeal,

the Employer’s designee shall conduct a meeting with the Union’s

representatives and the named grievant(s), if any, for discussion of the grievance at a

mutually agreeable time and place. Additional representatives of the

parties may participate by mutual agreement. A written answer shall

be given by the Employer’s designee to the Union grievance committee

chairperson within fourteen (14) calendar days of the meeting.

i. If the Employer’s designee fails to schedule a meeting within fourteen

(14) calendar days of receipt of the grievance, or to respond

in writing to the grievance within fourteen (14) calendar days of

the meeting, the grievance will be considered resolved according

to the Employer’s last preceding written answer unless the Union

advances the grievance to Arbitration in a timely fashion.

e. Impartial Arbitration

A grievance, as defined in Section 1, which is not resolved at Step

Three of the grievance procedure may be submitted to arbitration by

the Union, provided that written notice of intent to arbitrate is received

by the Employer’s designee within thirty (30) calendar days following

receipt by the Union of the Step Three answer (or, as per the time limits

set forth in Section 4d.i). Such notice shall identify the grievance,

and shall set forth the provisions of the Agreement involved and the

remedy desired.

i. Following written notice to the Employer’s designee, an arbitrator

shall be selected from the rotating panel of arbitrators set forth in

Section 4f below. If arbitrator at the head of the queue is unable to

schedule a hearing date within 120 days of the request for his/her

services, the next arbitrator will be contacted, and so on until an

arbitrator who can schedule the hearing within 120 days is identified.

ii. Either the Employer or the Union or both shall notify the Arbitrator

of his/her selection, and upon acceptance by the Arbitrator,

shall forward to the Arbitrator a copy of the grievance chain, the

Union’s notice of intent to arbitrate and a copy of the Agreement. A

copy of this communication, except a copy of the Agreement, shall

be sent to either the Employer or the Union, as the case may be. If

the Arbitrator does not accept selection, the next Arbitrator on the

panel will be contacted.

iii. The Arbitrator shall fix the time and place for hearing the issue

or issues submitted for decision. The hearing will be held in Kalamazoo,

Michigan, unless the parties mutually agree to a different

location.

iv. At the time of the arbitration hearing, both the Employer and the

Union shall have the right to examine and cross-examine witnesses.

v. Upon request of either the Employer or the Union or both, a transcript

of the hearing shall be made and furnished to the Arbitrator,

with the Employer and the Union having an opportunity to purchase

their own copy. The party requesting the transcript shall bear

the cost of the Arbitrator’s copy, unless it is mutually requested. In

such a case, the cost shall be shared equally.

vi. At the close of the hearing, the Arbitrator shall afford the Employer

and the Union a reasonable opportunity to furnish briefs if either

party requests the opportunity.

vii. The jurisdictional authority of the Arbitrator is defined as, and

limited to, the determination of any grievance as defined in Section

1 submitted to him/her consistent with this Agreement and

considered by him/her in accordance with this Agreement.

viii. The Arbitrator shall not have any authority to add to, subtract

from, or otherwise modify this Agreement. The Arbitrator shall

also not have the authority to order that a discharged Employee be

reinstated or offered a new appointment, but rather any monetary

remedy for wrongful discharge will be limited to the remaining

unpaid portion of the Employee’s appointment.

ix. The fees and expenses of the Arbitrator shall be paid by the party

not prevailing. The expenses of, and the compensation for, each

and every witness and representative for either the Employer or

the Union shall be paid by the party producing the witness or having

the representative.

x. The Arbitrator shall render the decision in writing within thirty

(30) calendar days following the hearing or the deadline for the

submission of briefs, whichever is later.

xi. The Arbitrator’s decision, when made in accordance with the Arbitrator’s

jurisdiction and authority established by this Agreement,

shall be final and binding upon the Employer, the Union, and the

Employee or Employees involved.

The provisions of this section do not prohibit the Employer and the

Union from mutually agreeing to expedited arbitration of a given

grievance or grievances.

f. Panel of Arbitrators:

Deborah Brodsky, Mark Glazer, Ruth Kahn, Maurice Kelman, Theodore

St. Antoine, Donald Sugerman

5. Time Limits

The specified time limits at each step of the procedure may be extended by

mutual written agreement of the parties involved at that step.

a. An advance “in a timely fashion” will be any advance occurring within

thirty (30) calendar days of receipt of an answer, or within thirty (30)

calendar days of the latest date at which an answer was to be expected.

6. A grievance initially filed at Step Two or Step Three must be in writing and

must be filed within thirty (30) calendar days from the date the grievant(s)

first became aware, or reasonably should have been aware of the facts giving

rise to the grievance. A written grievance filed at Step Three must also

be signed and dated by the named grievant(s), if any, and a Union representative,

and shall set forth the relevant facts, including dates, involved individuals,

the specific Articles/Sections of the Agreement which have allegedly been

violated, and the desired remedy.

7. Any grievance not appealed within the specified time limits shall be considered

settled on the basis of the Employer’s last preceding answer and not

subject to further review. This will not prejudice the position of either party

with respect to a subsequent grievance involving the same issue.

8. An actual verified receipt, time-stamped email, or postmark will be regarded

by the parties as evidence of delivery and receipt for the purposes of

determining whether time limits have been met.