#LBR0001

Purpose: To outline the responsibilities of the colleges and universities and various divisions within the system office regarding the processing of grievances within MnSCU and to insure that adequate consultation and communication occur between the colleges/universities and the system office.

Affected Colleges/Universities: All MnSCU colleges and universities and MnSCU system office.

Authoritative References: MnSCU/State of Minnesota collective bargaining agreements with MCCFA, IFO, UTCE, MSUAASF, AFSCME, MAPE, MMA and MNA.

Required Form(s):

*Grievance processing forms, if applicable, in various bargaining agreements (these forms
are usually found in the appendix of the bargaining agreement).

* MnSCU Grievance Transmittal form (PDF).

Delegation Of Authority: The chancellor may delegate to colleges/universities the authority to process grievances using the procedures specified for delegation of authority. A prerequisite to consideration for delegated authority is that all college/university managers and personnel staff have attended training in grievance processing and settlement provided by MnSCU. Delegation of authority may be rescinded by the chancellor after consultation with the president. Colleges and universities without delegated authority must follow the procedures listed for colleges/universities without delegated authority.

Procedures:

Colleges/Universities with Delegated Authority:

1. When a college/university receives a formal written grievance, filed in accordance with one of the collective bargaining agreements under which it operates, the college/university should consult with the labor relations representative assigned to them in order to determine if there are issues of a system wide nature present.

2. The college/university must submit copies of any grievances to the MnSCU Labor Relations office after either settlement of the grievance or completion of the grievance steps at their level, using the attached MnSCU Grievance Transmittal form. Along with the copy of the union's grievance, the college/university should send copies of their responses to the grievance. NOTE: The purpose of submitting copies of all grievances is informational only. This will allow MnSCU Labor Relations to determine system wide patterns in grievances and/or settlements.

3. The college/university may enter into settlement agreements at the college/university level steps of the grievance procedure without approval by the labor relations staff at the system office, provided such settlements include language which indicates that the settlement is not precedential. Such settlements may not alter system contract interpretations or provide monetary settlements of more than $4,000. For classified monetary settlements, approval of DOER is still required.

4. The MnSCU Labor Relations office will notify the affected college/university of grievances filed with the system by faxing a copy to the college/university immediately upon receipt.

5. Representatives of the MnSCU Labor Relations staff will conduct any required grievance meeting, as the chancellor's designee, with the appropriate bargaining representative(s). College/university responses to grievances will be supported at the system step of the grievance procedure absent compelling information or analysis to the contrary and subsequent consultation with the college/university representative. Prior to responding to a grievance at the system level, representatives from the MnSCU Labor Relations office will discuss the merits of the grievance with the college/university representative and appropriate MnSCU divisions.

6. If after consultation with the college/university there is not agreement to either arbitrate or settle the grievance, and consultation has occurred with the Department of Employee Relations (where appropriate), the Executive Vice Chancellor/Chief Operating Officer shall decide whether the grievance should be submitted to arbitration or settled prior to arbitration.

7. Arbitration of unresolved matters will be handled by the MnSCU Labor Relations staff or outside counsel retained by MnSCU for this purpose. The cost of arbitration will normally be borne by the affected colleges and universities.

Colleges/Universities without Delegated Authority:

1. When a college/university receives a formal written grievance, filed in accordance with one of the collective bargaining agreements under which it operates, it must consult with the labor relations representative assigned to the college/university. All proposed grievance settlements must be reviewed by the MnSCU labor relations representative in advance of being offered to the union.

2. The college/university must submit a copy of any grievance that is filed at a formal, written step of a grievance procedure to the MnSCU Labor Relations office at each step of the grievance procedure using the attached MnSCU Grievance Transmittal form. Along with the copy of the union's grievance, colleges/universities should send copies of the response to the grievance, and all other relevant documentation. NOTE: THE COLLEGE/ UNIVERSITY IS RESPONSIBLE FOR ENSURING THAT DOCUMENTATION IS SUBMITTED TO THE SYSTEM OFFICE WITHIN CONTRACTUAL TIME FRAMES.

3. All Memoranda of Agreement or other documents settling grievances, other than the college/university grievance responses, must be signed by the MnSCU labor relations person assigned to the college/university in addition to college/university signatures. Monetary settlements require the signature of a System Director for Labor Relations.

4. The MnSCU Labor Relations office will notify the affected college/university of grievances filed with the system upon receipt and forward a copy to the college/university.

5. Representatives of the MnSCU Labor Relations staff will conduct any required grievance meeting, as the chancellor's designee, with the appropriate bargaining representative(s). Prior to responding to a grievance at the system level, a representative from the MnSCU Labor Relations office will discuss the merits of the grievance with the college/university representative and other appropriate MnSCU divisions.

6. If after consultation with the college/university there is not agreement to either arbitrate or settle the grievance, and consultation has occurred with the Department of Employee Relations (where appropriate), the Executive Vice Chancellor/Chief Operating Officer shall decide whether the grievance should be submitted to arbitration or settled prior to arbitration.

7. Arbitration of unresolved matters will be handled by the MnSCU Labor Relations staff or outside counsel retained by MnSCU for this purpose. The cost of arbitration will normally be borne by the affected colleges/universities.