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.

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 for periods of twenty (20) days, 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.

Subd. 4. Failure to Respond.

If the Employer does not answer a grievance or an appeal thereof within the specific time limits, the UTCE grievance representative may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step.

Subd. 1. Grievance.

An individual grievance must be signed by both the grieving faculty member and the UTCE grievance representative. A class action grievance may be signed by only the UTCE grievance representative. A class action grievance involving more than one college will be initiated at Step 3. 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.

1. 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
2. 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.

Subd. 3. 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.

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.