ARTICLE
32
GRIEVANCE PROCEDURE
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A. General Provisions
1. |
Definition. A grievance is
a claim that a certain article(s) of this MOU has (have) been
violated by the University during the term of this MOU.
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2. |
Standing. Except as otherwise provided
in this MOU, a grievance may be filed by an NSF or the UC
AFT. [1]
The University may not bring a grievance through this procedure.
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3. |
Filing Deadline. A formal grievance must
be filed in writing within forty five (45) calendar days from
the date on which the NSF or the UC AFT knew or could be expected
to know of the event or action which gave rise to the grievance
[2,
3]
, or within fifteen (15) calendar days from the date of the
separation of the NSF from University employment, whichever
occurs first. Formal grievances shall be filed with the campus
office and/or officer designated in Appendix A.
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4. |
Consolidation. Grievances
brought by, or related to, two (2) or more NSF, and multiple
grievances by or related to the same NSF, which concern the
same incident, issue or course of conduct, may be consolidated
for the purposes of this procedure provided that the time
limits described in this Article shall not be shortened for
any grievance because of the consolidation of that grievance
with other grievances. Consolidated grievances may be severed.
A grievance shall be consolidated or severed only by agreement
between the grievant or the grievant’s representative
and the University.
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5. |
Representation. An NSF shall
have the right to be represented at all steps of the Grievance
Procedure by her/himself or by any person of her or his choice
other than a University employee who has been designated as
supervisorial, managerial or confidential within the meaning
of the Higher Education Employee Employer Relations Act (HEERA).
The grievant shall provide the University written notice of
the name and address of her/his representative. The University
shall notify the UC AFT of any formal grievances filed where
the UC AFT is not chosen as the representative of the grievant.
The grievant’s representative may be assisted in grievance
meetings by another NSF or, if applicable, a UC AFT representative.
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6. |
Settlement Offers. Settlement offers
shall be confidential and inadmissible at subsequent steps.
[4]
The settlement shall become final so long as the adjustment
is not inconsistent with the terms of this MOU and provided
that the UC AFT, if not involved in representation, has been
given ten (10) calendar days to file a response.
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7. |
Documents. Except by agreement between
the grievant or the grievant’s representative and the
University, documents and communications that are filed with
the University and are related to the processing of a grievance
shall be kept separate from the grievant’s personnel
files. [5]
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8. |
Time Limits and Extension of Time Limits.
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a. Deadlines which fall on days that
are not business days at the campus at which the grievance
is filed will be automatically extended to the next
business day. If a University official fails to meet
a deadline, the grievant may move the grievance to the
next step in the process.
b. Time limits set forth in this Article may be extended
only by written agreement between the grievant or the
grievant’s representative, if any, and the University.
[6]
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9. |
Release Time. As professional exempt
employees, NSF shall be allowed reasonable flexibility with
their time in order to investigate and pursue grievance handling.
Reasonable efforts will be made by the University not to call
meetings during scheduled class hours of the grievant or the
grievant’s representative. [7]
Time spent by grievants or their representatives outside their
normal schedules in University called meetings shall not be
counted as time worked. Unit members will not lose salary
as a result of attendance at meetings called by the University
pursuant to this Article.
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10. |
Authority of the Designated University
Administrator. The Designated University Administrator
at each step of the process has the authority to modify the
decision of a Designated University Administrator provided
at an earlier step of the grievance process. [8]
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B. INFORMAL
RESOLUTION [9]
1. |
Within thirty (30) calendar days after the grievant
became aware of the event that is the subject of the grievance,
the NSF may discuss the grievance with her or his immediate
supervisor. However, if a University representative outside
the department initiated the incident or action that gave
rise to the grievance, the grievant may discuss the grievance
with the Dean, or individual who supervises the person who
initiated the action, rather than the immediate supervisor.
Informal resolutions, although final, shall not be precedential
or inconsistent with this MOU.
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2. |
Within ten (10) calendar days of the informal discussion,
the individual with whom the grievant discussed the grievance
pursuant to B.1., above, shall provide the grievant with an
oral response.
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3. |
If the grievance is not resolved through informal discussion,
or if the grievant does not seek remedy through informal resolution,
the NSF may seek review as set forth in Section C., below.
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4. |
Attempts at informal resolution do not extend the forty five
(45) calendar day time limit to file at Step 1 unless an extension
of the time limit has been agreed to as set forth in Section
A.8.
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C. Step 1 –
formal grievance procedure
1. |
Consistent with the provisions of this MOU, a grievant
or the UC-AFT may file a written grievance as set forth below.
a.
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A written grievance must be filed with
the campus designated Grievance Officer listed in Appendix
A on the grievance form
agreed to by the University and UC-AFT.
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b.
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Time limits for initial filing:
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1) Grievances must be filed within
forty five (45) calendar days from the date on
which the NSF or the UC AFT knew or could have
been expected to know of the event or action which
gave rise to the grievance, or within fifteen
(15) calendar days after the date of the NSF’s
separation from University employment, whichever
occurs first. [10]
Any grievance which is filed out of compliance
with the time limits provided in this Section,
is considered withdrawn by the grievant and/or
UC AFT, as applicable.
2) The grievant or the UC-AFT may file a written
grievance by facsimile transmission to the campus
designated grievance officer. [11]
However, for the University to accept the facsimile
filing as timely, the University must receive
an original signed hard copy of the grievance
within five (5) business days of the facsimile
transmission date. The date and time registered
by the University’s facsimile machine shall
constitute the official date of receipt by facsimile
transmittal. If the registered date on the facsimile
falls outside the campus’ business hours,
the following business day shall constitute the
official date of receipt.
3) Attempts at informal resolution do not extend
the time limits for initial filing, unless the
grievant, or the grievant’s representative
if any, and the University have agreed to such
extension in writing.
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c.
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A valid written grievance must contain the following
information:
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1) the specific Article or section
of the MOU alleged to have been violated;
2) the date(s) and nature of the action grieved
and how it violated the above described provision
of the MOU;
3) how the NSF was adversely affected; and
4) the remedy requested.
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If the University determines such grievance ineligible
for processing, the UC-AFT may file a grievance over
the University’s decision, in accordance with
the provisions of this Article. [12]
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2. |
Within ten (10) calendar days of receiving the written grievance,
the University shall schedule a review between the grievant
and her/his representative if any, and the designated campus
representative. [13]
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a. The University shall provide a written
response at the review or within ten (10) calendar days
of the review. Resolution at this step, although final,
shall not be precedential or inconsistent with this
MOU.
b. If the grievance is not resolved, the grievant may
seek further review in the manner described below in
Section D.
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3. |
Step 1, except for the written filing of the grievance in
accordance with Section C.1. b) and c), may be waived by agreement
of the parties. [14]
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D. Step 2
1. |
If the grievance has not been resolved at Step
1, the grievant or the grievant’s representative may
submit a written request to the campus designated grievance
officer for a Step 2 review. Such request must be made within
fifteen (15) calendar days from the date of the University’s
written response at Step 1, or if no University answer was
issued, within fifteen (15) calendar days from the date the
Step 1 response was due.
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2. |
If either the grievant or the grievant’s representative
or the grievance officer requests a meeting to discuss the
merits of the grievance, one shall be conducted within fifteen
(15) calendar days of the request for the Step 2 review. If
a meeting occurs, the grievant and/or the grievant’s
representative may be present. Also, the grievant or the grievant’s
representative shall be able to bring people to the meeting
who have information to present about the grievance. With
the agreement of the parties, each party may bring one observer
to the meeting.
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3. |
The grievant and/or the grievant’s representative
must present all known evidence and contentions relevant to
the grievance at this Step 2 review. Contentions not made
known by the parties at this time are not subsequently admissible.
[15]
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4. |
A campus administrator with the authority to modify the
decision of the University representative at the previous
step shall participate in the meetings and University response
on appealed grievances.
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5. |
Notice to the grievant of the University’s Step
2 decision will be as set forth below.
a.
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For grievances where the UC AFT represents
the grievant:
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1) If no Step 2 meeting is requested,
the University shall mail the written decision
to the grievant and/or the grievant’s representative
within fifteen (15) calendar days following the
date of receipt of the request for a Step 2 review.
2) If a meeting is requested, the University
shall mail the written decision to the grievant
and/or the grievant’s representative within
fifteen (15) calendar days following the meeting.
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The University’s decision shall become final
within forty-five (45) calendar days following the mailing,
unless within that time, the UC-AFT has appealed the
decision to Step 3.
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b.
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For grievances where the UC AFT does not represent
the grievant:
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1) If no Step 2 meeting is requested,
the University shall mail a copy of the grievance
and proposed resolution to the UC AFT within fifteen
(15) calendar days following the date of receipt
of a request for a Step 2 review. The University
decision shall address the issues raised in the
written grievance, and shall present the facts
known to the University related to the issues
alleged in the grievance. If the UC-AFT requested
a Step 2 meeting, the University shall mail a
copy of the grievance and proposed resolution
to the UC AFT within fifteen (15) calendar days
following the meeting.
2) The UC AFT shall be given ten (10) calendar
days from the date of issuance of such copy to
comment in writing on the proposed resolution.
3) The University shall not implement the proposed
resolution of the grievance until timely receipt
and review of the UC AFT’s written comments,
if any.
4) Following receipt of the UC AFT’s comments
or ten (10) calendar days from date of issuance,
whichever occurs first, the University will mail
its decision to the grievant and/or the grievant’s
representative and will mail a copy to the UC
AFT.
5) The decision of the University shall become
final, so long as the decision is not inconsistent
with the terms of this Agreement, within forty
five (45) calendar days of the mailing of the
decision to the grievant and/or the grievant’s
representative, unless within that time, the UC
AFT has appealed the decision to Step 3.
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E. Step 3 –
appeal to office of the president
1. |
Grievances that are not satisfactorily resolved
at Step 2 may be appealed to Step 3. [16]
The appeal must be filed with the Executive Director of Labor
Relations Operations in the Office of the President within
fifteen (15) calendar days of the date the University’s
Step 2 written decision was issued or, if no University answer
was issued, within fifteen (15) calendar days of the date
the Step 2 decision was due.
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a. The Step 3 appeal shall identify all
unresolved issues, alleged violations, and remedies,
and shall be signed and dated by the grievant or her/his
representative.
b. The subject of the grievance as stated at Step 2
shall constitute the sole and entire subject matter
of the appeal to Step 3.
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2. |
The Labor Relations office in the Office of the President
shall issue the University’s written decision to a Step
3 appeal within thirty (30) calendar days of the receipt of
the appeal. The decision will be issued to the grievant when
self-represented, or to her/his representative.
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F. APPEALS TO
ARBITRATION
If an Appeal to Arbitration is not received by the Office of Labor
Relations at the Office of the President within forty-five (45)
calendar days of the issuance of the University’s Step 2 answer,
or the University’s Step 3 answer if the grievance is appealed
to Step 3, the grievance shall be considered resolved on the basis
of the University’s final response.
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G.
Nothing in this Article or MOU prohibits informal meetings at any
step of the grievance procedure upon agreement of the parties. Except
by mutual agreement pursuant to A.8., such meetings do not extend
the timeframes outlined in this Article.
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