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MnSCU-UTCE Master Agreement 1997-1999
ARTICLE 22
Grievance Procedure
Section 1. Definitions.
Subd. 1. Written Notice, Response, Personal Service. When a written notice or a written response is required to be given under the terms of this Agreement, such notice or response shall be made by personal service or service by certified mail. Personal service shall be deemed complete when the notice or response is handed to or received by the party to whom directed. Service by certified mail shall be deemed complete upon mailing.
Subd. 2. P.E.L.R.A. "P.E.L.R.A." shall mean the Minnesota Public Employment Labor Relations Act of 1971, as amended.
Subd. 3. Employer. "Employer" shall mean the Minnesota State Colleges and Universities.
Subd. 4. Administration. "Administration" shall mean the Chancellor of the Minnesota State Colleges and Universities, College President, and designees.
Subd. 5. Employee(s), Faculty and Faculty Members. "Employee" or "Faculty Member" shall mean a member of the appropriate unit as described in this Agreement. "Employees" or "Faculty" shall mean all members of the appropriate unit as described in this Agreement.
Subd. 6. UTCE. "UTCE" (United Technical College Educators) shall refer to the exclusive representative.
Subd. 7. UTCE Chapter. "UTCE Chapter" shall mean the chapter at one (1) campus or site of the Minnesota State Colleges and Universities.
Subd. 8. President. "President" shall refer to the presidents of each technical or consolidated college of the Minnesota State Colleges and Universities.
Subd. 9. Chancellor. "Chancellor" shall refer to the Chancellor of the Minnesota State Colleges and Universities.
Subd. 10. MnSCU Board of Trustees. The "Board of Trustees" or "Board" shall mean the Board of Trustees for the Minnesota State Colleges and Universities.
Subd. 11. Presidential Designee. The use of a designee by the President shall in no way abrogate the responsibility of the President for the decisions made by the designee provided that the action of the designee is not in violation of the applicable collective bargaining agreement, applicable state or federal statute(s), rule(s) or regulations(s). On or before October 1 of each school year, each President and UTCE Chapter will furnish each other a list of their appropriate designees. Each may revise their list of designees upon written notice to the other.
Subd. 12. College. "College" means an administrative unit that is the appointing authority administering a campus or campuses and all associated off campus locations (satellites, centers, etc.) and related personnel.
Subd. 13. Grievances. A grievance is defined as a dispute or disagreement raised in writing by a faculty member, UTCE Chapter, or UTCE against the Employer involving the interpretation or application of the provisions of the contract.
Subd. 14. Grievance Form. Grievances as defined shall be processed on a uniform grievance form agreed to by, UTCE and the Employer.
Subd. 15. Grievant. "Grievant" as used hereinafter shall be UTCE, any faculty member, or a group of faculty members within the appropriate unit.
Subd. 16. Representation. A faculty member, or group of faculty members will be represented by UTCE in the grievance procedure including arbitration. The Employer may be represented by a designee who is not in the bargaining unit.
Subd. 17. Day(s). The word "day" or "days" as used in this Agreement refers to calendar days and shall mean days Monday through Friday excluding legal holidays.
Subd. 18. Replacement Representative. The State UTCE may designate an additional, or replacement representative at any point in the grievance process. Whenever possible, UTCE will notify the affected campus administrators and Chancellor, or designee, of the additional or replacement representative in a timely manner that will not interrupt processing of the grievance.
Section 2. Informal Resolution.
Subd. 1. Employees are encouraged but not required to resolve the occurrence of any grievance on an informal basis with the employee's immediate supervisor at the earliest opportunity.
Section 3. Time Limits. No grievance shall be entertained or processed unless it is submitted within thirty (30) days after the occurrence of the event giving rise to the grievance, or within thirty (30) days of the date the grievant knew or through the use of reasonable diligence should have known of the event or occurrence that gave rise to the grievance. Grievances that are not submitted within the time lines shall be deemed to be withdrawn.
Subd. 1. Appeals. Failure to appeal a grievance from one level to another within the time periods or extensions as described herein shall constitute a withdrawal of the grievance.
Subd. 2. Extension of Time Limits. The time limit in each step, except the time limit for filing the grievance in Step 1, may be extended by mutual written agreement of the Employer and UTCE grievance representative. Said extension shall not be unduly withheld by either party.
Subd. 3. Computing Time Limits. In computing any period of time prescribed in this Article, the date that the grievant through the use of reasonable diligence became aware of the act, event, default, or failure to act for which the designated period of time begins to run shall not be included. The last day of the period so computed shall be counted unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
Section 4. Formal Grievance Procedure. The parties may mutually agree to waive Step 1, 2, 3 of the grievance procedure.
Step 1 . If the complaint cannot be resolved informally and falls within the definition of a grievance in Section 1., Subd. 13., it may become a grievance. A grievance will be filed on the uniform grievance form described in definitions in this Agreement.
Subd. 1. Grievance. An individual grievance must be signed by both the grieving faculty member and the UTCE grievance representative. A class action grievance must be signed by only the UTCE grievance representative. All grievances shall set forth, in writing, the nature of the grievance, the facts on which it is based, the alleged contract violation, and the relief requested.
Subd. 2. Meeting. The College President or designee shall discuss the grievance within ten (10) days with the UTCE grievance representative and grievant on the campus at a time mutually agreeable to the parties.
(a.) If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the designee and the UTCE grievance representative within ten (10) days; or
(b.) If no settlement is reached, the designee shall give the Employer's written answer to the UTCE grievance representative within ten (10) days following their meeting.
Step 2. The Appeal. If the grievance is not resolved in Step 1, UTCE may appeal the grievance to the College President or designee within ten (10) days of receiving the answer from the President or designee. The College President or designee shall discuss the grievance within ten (10) days with the UTCE grievance representative and grievant on the campus at a time mutually agreeable to the parties.
(a.) If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the College President or designee and the UTCE grievance representative within ten (10) days; or
(b.) If no settlement is reached, the College President or designee shall give the Employer's written answer to the UTCE grievance representative within ten (10) days following their meeting.
(c.) A grievance for action which does not occur at the College where the grievant is employed shall begin at Step 2 of the grievance procedure, except that the discovery time line provisions in this Section still apply.
Step 3. If the grievance is not settled in Step 2 and UTCE desires to appeal, the grievance shall be referred by UTCE, in writing, to the Chancellor or designee, within ten (10) days after the President or designee's answer in Step 2 is received, in order for the grievance to be valid.
Subd. 2. Meeting. A meeting or discussion between the Chancellor, or designee, and the UTCE representative shall be held within fifteen (15) days at a time mutually agreeable to the parties.
(a.) If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Chancellor, or designee, and the UTCE representative within ten (10) days of the meeting; or
(b.) If no settlement is reached, the Chancellor or designee shall give the Employer's written answer to UTCE within ten (10) days following the meeting.
Step 4. If the grievance is not settled in accordance with the foregoing procedure, UTCE may move the grievance to arbitration within fifteen (15) days after receipt of the written answer of the Chancellor or designee, in Step 3, in order for the submission to be valid, by serving written notice of same to the Chancellor or designee.
Section 5. Arbitration.
Subd. 1. Arbitration Panel. The arbitration proceeding shall be conducted by an arbitrator to be selected by lot from a permanent panel of nine (9) arbitrators. The members of the permanent panel shall be selected by mutual agreement. Vacancies on the panel that arise during the term of this Agreement shall be filled by mutual agreement. An arbitrator for a particular grievance shall be chosen randomly from the entire panel of nine (9) arbitrators within ten (10) days of receipt of UTCE's request for arbitration under Section 4., Step 4.
Subd. 2. Process. The parties shall schedule, within ten (10) days of the selection of an arbitrator, a mutually agreeable date of the arbitration hearing. The grievance shall be heard by the arbitrator and both parties shall have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issue(s) before the arbitrator.
Subd. 3. Expenses. Each party shall bear its own expenses in connection with arbitration, including expenses relating to the party's representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript or recording shall be made of the hearing at the request of either party and at the requesting party's expense. The parties shall share equally fees and expenses of the arbitrator and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration.
Subd. 4. Release Time. The processing of grievances under the grievance procedure shall be conducted during the normal business hours of the Employer. Faculty members designated by UTCE shall be released without loss of regular earnings as a result of their participation in meetings or hearings held pursuant to the grievance procedure. The cost of a substitute, if needed, shall be reimbursed by UTCE.
Subd. 5. Arbitrator's Decision. The decision of the arbitrator shall be submitted in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension.
Subd. 6. Decision Binding. The decision shall be based solely upon the interpretation or application of the express terms of the existing contract and the facts of the grievance presented. The decision of the arbitrator shall be final and binding upon UTCE, the Employer and the grievant(s).
Subd. 7. Arbitrator's Jurisdiction. The arbitrator shall have no right to amend modify, nullify, ignore, add to, or subtract from provisions of any existing contract and/or this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and UTCE and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law.
Section 6. Reprisal. Faculty members who bring evidence forward or participate in any way in a grievance or arbitration proceeding shall not suffer reprisal of any sort from the Employer for such action or participation.