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Request
for Reconsideration - The terms "request for reconsideration"
or "request" as used in this Article refer to a request
filed by an employee for reconsideration of an alleged violation,
misapplication, or misinterpretation of a specific written CSU
policy governing working conditions or work rules. |
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Employee
- The term "employee" as used in this Article refers
to a:
A. permanent employee
B. probationary employee
C. temporary employee
who alleges that he/she has been directly wronged by a violation
of a specific written CSU policy governing working conditions
or work rules.
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Appropriate
Administrator - The term "appropriate administrator"
as used in this Article refers to the immediate non-bargaining
unit supervisory or management person to whom the employee is
normally accountable or who has been designated to respond to
the request for reconsideration. |
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Representative - The term "representative" as used in this Article
refers to an employee or an individual within the bargaining
unit or representative of the Union who, at the employee's request,
may be present at all Levels through Level III. |
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Respond
and File - The terms "respond" and "file"
as used in this Agreement refer to personal delivery or deposit
in the U.S. mail. If mail delivery is used, it shall include
a proof of service by mail which shall establish the date of
response or filing. If personal delivery is used, the calendar
date of delivery shall establish the date of response or filing.
(See Appendix H for Proof of Service form.) |
Reconsideration Procedure for Campus
Policy/Work Rule
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A request
for reconsideration filed by an employee alleging a violation,
misapplication, or misinterpretation of a specific written campus
policy governing working conditions or work rules shall be processed
pursuant to provisions 5.7 - 5.15. |
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An employee
shall have the right to present an informal request for reconsideration
and to have such request considered in good faith by an appropriate
administrator. |
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An employee,
whenever possible, shall attempt to resolve an alleged policy
violation with the appropriate administrator. A resolution of
the alleged policy violation shall not be precedent-setting. |
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If the
issue is not resolved through informal discussions, the employee
may file a Level I formal request for reconsideration with the
appropriate administrator no later than twenty-one (21) days
after the event giving rise to the request, or no later than
twenty-one (21) days after the employee knew or reasonably should
have known of the event giving rise to the request. |
| Level
I - Formal |
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The
formal request for reconsideration shall state clearly and concisely
on a form, an example of which appears as Appendix F:
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the specific written CSU policy or rule alleged to have been violated, misapplied, or misinterpreted;
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a detailed description of the reasons for the request, including names, dates, places and times necessary for a reasonable understanding;
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the remedy sought;
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the name, classification, address, telephone number, and signature of the employee;
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the name, address, and telephone number of the representative, if any; and
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the date of submission at each level.
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An appropriate
administrator shall hold a meeting with the employee at a mutually
acceptable time and location. At this meeting, pertinent information
may be presented, orally or in writing, to the appropriate administrator.
The appropriate administrator shall respond to the employee
in writing no later than twenty-one (21) days after the Level
I meeting. |
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In the
event the reconsideration request is not settled at Level I,
the employee may file with the President, no later than fourteen
(14) days after the Level I response, a Level II request for
reconsideration. The employee shall include in the request a
written statement indicating the reason that any proposed settlement
at Level I was unsatisfactory. |
| Level
II - Presidential Review |
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The
President may hold a meeting with the employee at a mutually
acceptable time and location. At this meeting, pertinent information
may be presented, orally or in writing, to the President. The
President shall respond to the employee in writing no later
than twenty-one (21) days after the filing of the Level II request
or twenty-one (21) days after a Level II meeting, if such a
meeting occurs. |
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No amendments
and/or modifications to the request shall be made by the employee
after the Level II filing date. |
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The
Level II response shall be a final decision. |
| Reconsideration
Procedure for Systemwide Policy/Work Rule |
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A request
for reconsideration filed by an employee alleging a violation,
misapplication, or misinterpretation of a specific written systemwide
policy governing working conditions or work rules shall be processed
pursuant to provisions 5.7 - 5.14 above. |
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In the
event such a request for reconsideration is not settled at Level
II, the employee may file a Level III request for reconsideration
with the Office of the Chancellor no later than fourteen (14)
days after the Level II response. |
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III - Chancellor's Office |
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A designated
individual in the Office of the Chancellor may hold a meeting
with the employee at a mutually acceptable time and location.
The designated individual in the Office of the Chancellor shall
respond to the employee in writing no later than twenty-one
(21) days after the filing of the Level III request or twenty-one
(21) days after a Level III meeting if such a meeting is held.
This response shall be a final decision. |
| General
Provisions |
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Failure
of the employee to comply with the time limitations of this
Article shall render the request null and void and bar subsequent
filing of the request. |
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Failure
by the appropriate administrator, or the President, to respond
in a timely manner under this Article shall permit the request
to be filed at the next level. |
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Prior
to filing a request, the employee and representative, if any,
shall each be provided with one (1) hour release time for preparation
and reasonable time for presentation of the request for reconsideration
at the Informal Level. |
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After
the request has been filed, a representative and the employee
shall be provided reasonable release time for the purpose of
preparation and presentation of the request. |
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Both
parties agree that files pertaining to a request for reconsideration
shall be confidential. |
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The
parties, by mutual agreement, may consolidate requests on similar
issues at any level. |
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A decision
by an employee to submit a request for reconsideration pursuant
to the terms of this Article shall constitute a waiver of all
other remedies and access to procedures provided for anywhere
else in this Agreement. |
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Time
limits set forth in this Article may be extended by mutual agreement. |
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An employee
may withdraw a Request for Reconsideration at any time. The
employee shall not file any subsequent request on the same alleged
incident. |
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The
procedure (Article 10, Grievance Procedure, or Article 5, Reconsideration
Procedure) utilized by the employee at the Level I filing of the grievance procedure or the Level II filing of the reconsideration procedure shall
indicate a final and binding selection of procedures. Prior
to the Level II reconsideration request filing, the employee may convert to the alternative
procedure without interruption of time limits nor sequence of
levels. |
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Except
as provided in the paragraph above, an employee may not utilize
both Article 10, Grievance Procedure, and Article 5, Reconsideration
Procedure, to adjust the allegations arising from a single set
of circumstances. |
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An employee
may present Requests for Reconsideration and have such requests
adjusted without the intervention of the Union provided that
the Employer will not agree to a resolution of the request until
the Union has received a copy of the request and the proposed
resolution and has been given the opportunity to file a response. |
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An employee
shall not suffer reprisals for participation in the processing
of a Request for Reconsideration filed pursuant to this Article. |
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When
the employee alleges a violation, misapplication or misinterpretation
of a CSU policy which prohibits sexual harassment and/or discrimination
on the basis of race, religion, color, sex, sexual orientation,
age, disability, marital status and/or national origin, the
employee may address his/her complaint to the campus Affirmative
Action Officer or other appropriate administrator specifically
designated to review sexual harassment and/or discrimination
complaints. This may be instead of the appropriate administrator
as provided in provisions 5.7 and 5.11 above, and shall be at
the employee's option. |
