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Updated
11/6/07
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Home
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Article 10
Collective Bargaining Agreement 2005-2008
ARTICLE 10
GRIEVANCE
PROCEDURE
| Definitions |
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10.1
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Grievance - The term "grievance"
as used in this Article refers to a written allegation by
a grievant that there has been a violation, misapplication,
or misinterpretation of a specific term of this Agreement.
Grievant - The term "grievant" as
used in this Article refers to a:
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A.
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permanent
employee;
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B.
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probationary
employee; or
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C.
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temporary
employee employed at least thirty (30) consecutive
days immediately prior to the event giving rise to the
grievance. |
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who alleges in a grievance that he/she has been directly
wronged by a violation of a specific term of this Agreement.
The term "grievant" as used in this Article may
refer to the Union when alleging a grievance on behalf of
itself, or on behalf of a unit member or group of unit members.
The Union shall not grieve on behalf of unit members who do
not wish to pursue individual grievances. Whether filing on behalf of itself, a member, or a group of members, there shall be no financial remedy of any kind or any retroactive remedy in cases in which the Union fails to identify by the pre-arbitration conference (10.5.E) the unit member(s) who have been directly wronged by a violation of a specific term of this Agreement.
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 accountable, or who has been designated
to respond to the grievance informally or at Level I.
Representative - The term "representative"
as used in this Article shall be an employee or APC representative
who, at the grievant's request, may be present at the Informal
Level through Level II. Representation of the employee at
Level III shall be by the exclusive representative.
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, the postmark 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.
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| Informal Level |
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A. |
An employee shall have the right to present a potential grievance and to have the potential grievance considered in good faith by an appropriate administrator.
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B. |
An employee, whenever possible, shall attempt to resolve a potential grievance informally with an appropriate administrator. A resolution of a potential grievance at the informal stage shall not be precedent-setting.
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C. |
If the potential grievance is not resolved through informal discussions, the employee may file a formal Level I grievance with the President no later than either twenty-one (21) days after the event giving rise to the grievance, twenty-one (21) days after the employee knew or reasonably should have known of the event giving rise to the grievance, or twenty-one (21) days after the informal meeting to resolve the grievance.
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| Level I - Presidential Review |
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10.3
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| A. |
The formal grievance shall state clearly and concisely on a grievance form, an example of which appears as Appendix E:
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1. |
the specific term of the Agreement alleged to have been violated;
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2. |
a detailed description of the specific grounds of the grievance, including names, dates, places, and times necessary for reasonably understanding;
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3. |
the remedy sought;
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4. |
the name, classification, address, telephone number, and signature of the grievant;
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5. |
the name, address, and telephone number of the representative, if any; and
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6. |
the date of submission at each level.
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| B. |
The President or his/her designee shall hold a meeting with the grievant and the grievant's representative within twenty-one (21) days after receipt of the Level I filing at a mutually acceptable time and location. At this meeting, pertinent information may be presented, orally or in writing, to the President or his/her designee, who shall respond to the grievant in writing, with a copy to the indicated representative, if any, no later than twenty-one (21) days after the Level I meeting.
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| C. |
In the event the grievance is not settled at Level I, the grievant may file, no later than twenty-one (21) days after the Level I response, a Level II grievance with the Office of the Chancellor. The grievant shall attach a copy of the Level I response together with any documents presented at that level.
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| D. |
Prior to the Level I response date, the President may waive all procedures at Level I and expedite the grievance to Level II. The President shall notify the grievant of the expedited grievance. Level II time limits shall commence on the date the grievant was so notified. |
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| Level II - Chancellor's Office |
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10.4
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A.
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A
designated individual in the Office of the Chancellor
shall make every effort to hold a meeting with the grievant and/or a designated
representative of the grievant at the Office of the Chancellor within twenty-one (21) days of the Level II filing.
The parties may conduct this meeting by telephone conference call in the event they are unable to conduct the meeting in person. If the parties are not available to meet within twenty-one (21) days, this period may be extended, by mutual agreement, pursuant to provision 10.12. The designated individual in the Office of the Chancellor
shall respond to the grievant in writing, with a copy
to the indicated representative, if any, no later than
twenty-one (21) days after the Level II meeting, forty-two (42) days after the Level II filng, or twenty-one (21) days after the end of any extension.
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| B. |
No amendments and/or modifications to the grievance shall be made by the grievant after the Level II filing date. |
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| C. |
The parties shall present at Level II all issues and evidence related to the grievance. No additional issues and evidence may be presented by the parties after Level II. |
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D.
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In
the event the grievance is not settled at Level II, the
exclusive representative may, by written notice to the
Office of the Chancellor no later than thirty (30) days
after the Level II response, file for arbitration of
the grievance.
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| Level III - Arbitration |
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10.5
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| A. |
Grievances
filed for arbitration following both parties' ratification
of this Agreement through the expiration date of this
Agreement shall be submitted for hearing to a Permanent
Arbitrator. The parties appoint Douglas Collins to serve
as Permanent Arbitrator during the foregoing period, subject
to the provisions in 10.5.B below. This appointment is subject
to its acceptance by the Permanent Arbitrator. Grievances
filed for arbitration prior to both parties' ratification
of this Agreement shall be processed in accordance with
the prior Agreement. Grievances under this Agreement shall
be normally heard in the order that they were filed for
arbitration unless the parties mutually agree otherwise.
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| B. |
The parties shall contract with the Permanent Arbitrator to reserve three (3) hearing dates per month for use by the parties to resolve pending disputes. Said dates shall be used for the hearing/deliberation of all pending disputes in chronological order with the oldest arbitration demand being heard first, except as provided in Article 3. |
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1. |
If a witness or advocate for either party will not be available on the date the grievance is scheduled for arbitration, the grievance shall be scheduled on the next date when the Permanent Arbitrator, witnesses and advocates are available. In such cases, the parties will work together to try to substitute another case on the date the case was first scheduled. |
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2. |
In the event that the parties mutually agree that the volume of pending arbitration demands or cases pending decision appears insufficient to necessitate three (3) hearings in any given month, they may provide the Permanent Arbitrator with advance notice that the hearing date(s) will not be needed in the month in question in order to avoid cancellation costs. |
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3. |
If one or both parties must postpone a scheduled arbitration within the penalty period that would require the payment of cancellation fees, the Permanent Arbitrator will be requested to utilize any cancelled, reserved hearing dates to complete the writing and issuance of pending arbitration awards from previously held hearings. Should there be no pending work for the Permanent Arbitrator, cancellation fees shall be borne by the canceling party(ies). |
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| C. |
In the event
that (1) the appointment is not accepted by the Permanent
Arbitrator or (2) the Permanent Arbitrator becomes unavailable,
for any reason, to hear cases for a period of four (4) months
or more, the parties shall attempt to agree upon a successor
Permanent Arbitrator during the next thirty (30) day period.
If no agreement is reached, the parties will use the procedures
of the Labor Arbitration Rules of the American
Arbitration Association to select arbitrators to hear
grievance disputes on a case-by-case basis. The Permanent
Arbitrator may be replaced at any time upon mutual agreement
of the parties.
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| D. |
If an arbitrability
question exists, a two-stage hearing will be required.
The parties, pursuant to the procedures described herein,
shall select an arbitrator to convene a formal hearing
and render a written decision relative to the question
of arbitrability.
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1. |
If the grievance
is found not arbitrable, the grievance shall be deemed
null and void.
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2. |
If the grievance
is found arbitrable, the arbitrator shall hear the merits
of the grievance. This provision shall not prohibit the
parties from mutually agreeing to address both the arbitrability
and merits of the grievance in one hearing, or from mutually
agreeing to select a second arbitrator to hear the merits
of the grievance.
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3. |
Nothing contained
herein shall prevent the parties from settling the grievance
prior to the second arbitration hearing.
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4. |
The arbitrator's
decision on arbitrability shall be in writing and shall
set forth his/her findings, reasonings, and conclusions
on the issues submitted.
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| E. |
At least twenty-one
(21) days prior to the scheduled date of arbitration,
there shall be a pre-arbitration conference at which representatives
of the parties shall discuss issue statements, documents
and evidence to be presented at the hearing.
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| F. |
The
Labor Arbitration Rules of the American Arbitration Association
shall apply at Level III, except when the specific language
of this Agreement is in conflict, in which case the specific
language of the Agreement shall apply.
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| G. |
It shall be
the function of the arbitrator to rule on the specific
grievance. The arbitrator shall be subject to the following
limitations:
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1. |
The arbitrator's
awards shall be based solely upon the evidence and arguments
appropriately presented in the hearing and upon any post-hearing
briefs.
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2. |
The arbitrator
shall have no power to alter, add to, detract from, or
amend the provisions of this Agreement. The arbitrator
shall be without power to make any recommendation which
requires the commission of an act prohibited by law, or
which is violative of the specific terms and conditions
of this Agreement.
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3. |
The arbitrator
shall not consider any issue not raised by the parties
at Level II of this Agreement.
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4. |
The arbitrator
shall not make an award which will supersede the substance
of the President's professional judgment. The arbitrator
shall not make awards concerning the amount, or granting
or denial of performance pay, nor shall he/she have authority
to order monetary relief in any grievance concerning the
performance pay program.
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5. |
The award
of the arbitrator may or may not include back pay provided,
however, that any back pay award shall not be in excess
of twenty-four (24) months salary less the difference
of any compensation including unemployment benefits that
the employee received. Under no circumstances may interest
be included in an award.
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6. |
Except as provided in Article 4, the standard
of review for the arbitrator is whether the CSU violated
a specific term of the Agreement.
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7. |
The arbitrator's
decision on the merits shall be in writing and shall set
forth his/her findings, reasonings, and conclusions on
the issues submitted.
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8. |
A final decision
or award of the arbitrator shall be made within thirty
(30) calendar days of the close of the hearing or submission of post-hearing briefs.
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| H. |
The arbitrator's
award shall be final and binding upon both parties.
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| I. |
Each party
shall bear the expenses of preparing and presenting its
own case. Expenses, wages, and other compensation of any
witnesses called before the arbitrator shall be borne
by the party calling such witnesses. The cost for the
services of the arbitrator shall be borne equally by the
parties, except as provided in provision 10.5.B.3.
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| J. |
Upon appointment,
the Arbitrator shall have authority to rule on pre- and
post-hearing procedural disputes between the parties,
including hearing continuances and/or extensions of briefing
schedules. Such decisions shall be in writing and made
on a case-by-case basis based on the facts of the situation.
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| K. |
Except as
provided in this provision 10.5.K, all hearings shall be
held on the campus on which the formal Level I grievance
arose and was filed. The following types of hearings shall,
at the request of either party, be held at a mutually
agreeable location in the Los Angeles area: (1) arbitrability
hearings that do not involve any campus witnesses (excluding
APC stewards and the campus Employee Relations Designee),
and (2) arbitrability or merits hearings for a grievance
accepted by the Chancellor's Office as a systemwide grievance.
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Failure
of the grievant to comply with the time limitations of this
Article shall render the grievance null and void and bar subsequent
filing of the grievance. Failure by the appropriate administrator,
President, or designated individual in the Office of the Chancellor
to timely respond under this Article shall permit the grievance
to be filed at the next level.
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Prior
to filing a grievance, the potential grievant and representative,
if any, shall each be provided with one (1) hour release time
for grievance preparation and reasonable time for grievance
presentation at the Informal Level.
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After
the grievance has been filed, a representative and the grievant
shall be provided reasonable release time for the purpose of
preparation and presentation of the grievance.
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A reasonable number of witnesses for a grievant who are CSU
employees shall be provided with reasonable release time for
presenting testimony at an arbitration hearing. Within one
(1) year of such arbitration hearing, such a witness shall
arrange with the appropriate administrator and work an amount
of reassigned time equal to the amount of worktime lost due
to serving as a witness.
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The
parties agree that all grievance files and/or the content of
grievance meetings shall be confidential. Grievance records
shall be kept in a file separate from the grievant's personnel
file.
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An employee
may present grievances and have such grievances adjusted without
the intervention of the exclusive representative as long as
adjustment is reached prior to arbitration. Such adjustment
shall be consistent with the terms of the written Agreement
then in effect. Once a request for arbitration has been made,
the Employer will not agree to a resolution of a grievance until
the exclusive representative has received a copy of the grievance
and the proposed resolution and has been given the opportunity
to file a response.
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Time
limits set forth in this Article may be extended by mutual agreement.
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In cases
where it is necessary for the grievant or his/her representative
to have access to information for the purpose of investigating
a grievance, the grievant or his/her representative shall make
a written request for such information to the appropriate administrator.
The grievant or his/her representative shall have access to
all information which would assist in pursuing the grievance
exclusive of information defined as "confidential"
or "personal" pursuant to the Information Practices
Act of 1977 or the HEERA.
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Except
for cases already assigned to an arbitrator, the processing
of grievances filed and unresolved prior to the effective date
of this Agreement shall proceed under the provisions of the
grievance procedure as amended by this Agreement.
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By mutual
agreement, a grievance may be filed at the step at which the
authority to resolve the grievance resides.
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A grievant
may withdraw a grievance at any time. The grievant shall not
file any subsequent grievance on the same alleged incident.
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The
parties, by mutual agreement, may consolidate grievances on
similar issues at any level.
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A grievance
settled prior to a final arbitration award shall not be precedent-setting.
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A decision
by the APC to submit a grievance to arbitration shall automatically
be a waiver of all other remedies (except as provided otherwise
by statute).
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No representative
or agent of the exclusive representative may solicit complaints
or grievances during the employee's worktime.
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An employee
shall not suffer reprisals for participation in the processing
of a grievance filed pursuant to this Article.
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