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MCCFA Employment Contract 1999-2001

Article 24 - Grievance Procedure

Section 1. Complaints.

A complaint is an informal claim by a faculty member, or group of faculty members in the bargaining unit or by the local association of alleged improper, unfair, arbitrary or discriminatory treatment. A complaint may constitute a grievance, if not mutually resolved and if the complaint falls within the definition of a grievance. Complaints shall be processed only through the informal procedure for handling complaints as herein set forth.

Section 2. Informal Procedure for Handling Complaints.

Any faculty member in the bargaining unit either with or without the association grievance representative on the campus may informally discuss a complaint on behalf of him/her self or other faculty members with the appropriate college administrator. Any settlement, withdrawal, or disposition of a complaint at this informal stage shall not constitute a binding precedent in the settlement of (similar) complaints or grievances. No complaint can become a grievance until it has gone through the informal procedure for handling complaints.

Section 3. Grievances.

A grievance is defined as a dispute or disagreement raised in writing by a faculty member or the Association against the Employer involving the interpretation or application of the specific provisions of this contract or application of a rule or regulation affecting terms and conditions of employment in other than a uniform manner or other than in accord with the provision of the rule or regulation. No reprisals of any kind shall be taken against a faculty member for participating in a grievance.

Section 4. Grievance Steps.

Step 1.

If a complaint, which has gone through the informal procedure for handling complaints and has not been resolved at that level, falls within the definition of a grievance, it may become a grievance. A grievance may be filed on the official grievance form supplied by the Employer. No grievance shall be entertained or processed unless it is submitted within twenty (20) working days after the first occurrence of the event giving rise to the grievance, or within twenty (20) working days after the faculty member, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. If such event occurs during the summer when the faculty member involved is not on duty, the first day shall be deemed to be the first day of duty in the succeeding academic year. The written grievance signed by both the faculty member and the association grievance representative on the campus in the individual faculty member grievances, and the association grievance representative on the campus alone in association grievances, shall set forth the nature of the grievance, the facts on which it is based, the alleged violation, and the relief requested. The college president or designee shall discuss the grievance within five (5) working days with the association grievance representative on the campus at a time mutually agreeable to the parties. If the grievance is settled as a result of such meeting, (not necessarily at the meeting, may be after the meeting), the settlement shall be reduced to writing and signed by the college president or designee and the association grievance representative on the campus. If no settlement is reached, the college president or designee shall give the Employer's written answer to the association grievance representative on campus within five (5) working days following their meeting and shall also forward a copy to the chancellor's designee. 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.

Step 2.

If the grievance is not settled in Step 1, and the Association desires to appeal, it shall be referred by the Association in writing to the chancellor's designee within fifteen (15) working days after the designated college president's answer in Step 1 is due. A meeting or discussion between the chancellor's designee and the association representative shall be held within fifteen (15) working days at a time mutually agreeable to the parties. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the chancellor's designee and the association representative. If no settlement is reached, the chancellor or designee shall give the Employer's written answer to the Association within fifteen (15) working days following the meeting.

Step 3.

If the grievance is not settled in accordance with the foregoing procedure, the Association may appeal the grievance to arbitration within ten (10) working days after the answer of the chancellor's designee in Step 2 by serving written notice of the appeal to the chancellor's designee. The parties may convene a joint committee to discuss any grievance that has been appealed to arbitration. The committee shall consist of four (4) persons appointed by the Association and four (4) persons appointed by the chancellor. Meetings shall be scheduled as needed at the request of the Association, but no more than one (1) each month. The association representative and/or chancellor's designee may also request grievance mediation prior to arbitration.

Section 5. Arbitration Panel.

The arbitration proceeding shall be conducted by an arbitrator to be selected by lot from a permanent panel of three (3) arbitrators. The members of the permanent panel shall be selected by the following method: the Association and the chancellor's designee shall each submit a list of three (3) arbitrators until agreement is reached on a permanent panel. Vacancies on the panel that arise during the term of this agreement shall be filled by mutual agreement or by each party submitting lists of three arbitrators, until a replacement is agreed upon.

Section 6. Arbitrators' Authority.

The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this contract. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Association, 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 laws). The arbitrator shall submit in writing the decision within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision shall be based solely upon the interpretation or application of the express terms of this contract and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Association, and the faculty member(s).

The fees and expenses of the arbitrator shall be divided equally between the Employer and the Association provided, however, that each party shall be responsible for compensating its own representatives and witnesses.

Section 7. Time Limits.

If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specific time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. 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 the Association, in each step, which extension shall not be unduly withheld by either party. The term "working days" as used in this article shall mean the days Monday through Friday excluding holidays, and excluding calendar breaks of the academic year.

Section 8. Evidence.

There shall be no withholding of evidence or information within the knowledge of either party at any step of the proceedings.