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MnSCU-MSUAASF Master Agreement 1999-2001

ARTICLE 25 - GRIEVANCE PROCEDURE

Section A. Definitions.

A grievance for the purpose of this Article is defined as a dispute or disagreement as to the interpretation or application of any specific term or terms of this Agreement.

Section B. Informal Resolution.

ASF Members are encouraged to attempt to resolve the occurrence of any alleged violation of this Agreement on an informal basis with the employee's designated supervisor, and if the employee so chooses, with the assistance of the Campus Association. If the matter is not resolved to the employee's satisfaction by informal discussion, it shall be settled in accordance with the procedure set forth below.

Section C. Grievance Steps.

Under no circumstances may an employee who has elected to use some other appeal procedure available to him/her under law use the grievance procedure of this Agreement for the same dispute, except that it is understood this provision does not apply with specific regard to any rights an employee possesses under federal and state anti-discrimination laws.

Step I. If the grievance has not been settled in the informal procedure above, it may be presented by the Association or the employee, in writing to the appropriate Vice President or equivalent officer within twenty-one (21) calendar days after the employee or the Association, through the use of reasonable diligence, should have had knowledge of the occurrence that gave rise to the grievance. The written grievance shall set forth the nature of the grievance, the facts upon which it is based, the specific section(s) of the Agreement allegedly violated and the relief requested. The Vice President or the equivalent officer or his/her designee shall respond in writing to the Association and the employee within fourteen (14) calendar days.

Step II. If the grievance remains unsettled, it may be presented by the Association or the employee in writing to the university President within ten (10) calendar days after the response of the Vice President or his/her designee. The President or his/her designee shall respond to the Association and the employee in writing within fourteen (14) calendar days after receipt of the appeal.

Step III. If the grievance is still unresolved after the response of the university President or his/her designee, it may be presented to the Chancellor or his/her designee by the Association or the employee within fifteen (15) calendar days after the response of the President. The Chancellor or his/her designee shall respond to the grievance within fifteen (15) calendar days.

Section D. Arbitration Procedure.

If the grievance is still unresolved after the response of the Chancellor or his/her designee the Association may, within fifteen (15) calendar days, serve written notice to the Chancellor or his/her designee of its intent to submit the issue to arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by mutual agreement of the office of the Chancellor and the Association within seven (7) calendar days after the request for such action. If the parties fail to mutually agree upon an arbitrator within the said seven (7) calendar day period, either party may request the Bureau of Mediation Services to provide a list of seven (7) neutral arbitrators. The representatives of the Employer and the Association shall strike names and the last remaining person shall be the arbitrator. Expense for the arbitrator's service and the proceedings shall be borne equally by the Employer and the Association; however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. The decision of the arbitrator shall be final and binding upon the parties and the arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of the testimony and argument. If either party desires a transcript record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. However, any party ordering a copy of the record shall pay for such copy.

Section E. Arbitrator's Authority.

General Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue or issues submitted to him/her in writing by the parties to this Agreement and shall have not authority to make a decision on any matter not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to, inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The decision shall be based solely upon the arbitrator's interpretation and application of the expressed terms of this Agreement and to the facts of the grievance presented.

Section F. Time Limits.

Failing to adhere to the time limits set forth above may result in a forfeiture of the grievance. If a grievance is not appealed to the next step or steps within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last response. Failure of the Employer to respond to a grievance or an appeal thereof within the specific time limits may result in mandatory alleviation of the grievance as outlined in the last appeal by the representative or ASF Members. The time limit in each step may be extended by mutual written agreement of the Employer and the Association. In computing any period of time prescribed or allowed by this grievance procedure, the date of the act or event, or default for which the designated time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or legal holiday.

Section G. General Provision.

All ASF Members of the appropriate unit are free to present grievances in accordance with this Article. In this regard, it is understood that the grievant has the right to be his/her own representative in the processing of a grievance, and the Association shall not interfere with that right.

Section H. Grievance Processing.

Whenever practicable, the processing of grievances shall be handled during the university's regular work day. ASF Members who are required to participate in the processing of such grievances shall not be subject to a loss of wages for doing so; however, the number of ASF Members who may participate without loss of wages shall be limited to a maximum of three (3), inclusive of ASF Members who are representatives and/or officers of the Association.

Section I. Reprisals.

The Employer shall engage in no reprisals or recriminations based upon the filing and pursuit of a grievance, or upon acting as a witness or advocate for a grievant.

Section J. Scope.

Subject to Article 2 of this Agreement, nothing in this contract shall prevent an employee from pursuing both a grievance under this contract and a Charge of Discrimination, including, but not limited to, those charges of Discrimination brought under Title VII of the Civil Rights Act, the Americans with Disability Act, the Age Discrimination in Employment Act, or the Equal Pay Act.