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:
who alleges in a grievance that they have 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 where 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, or transmittal by facsimile or electronic mail (“e-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.
If facsimile or e-mail is used to either file or to respond, the facsimile transmittal cover letter or the e-mail must be acknowledged as received by the other party.
Level I - Presidential Review
Level II - Chancellor's Office
Level III - Arbitration
|10.6||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.|
|10.7||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.|
|10.8||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.|
|10.9||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.|
|10.10||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.|
|10.11||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.|
|10.12||Time limits set forth in this Article may be extended by mutual agreement.|
|10.13||In cases where it is necessary for the grievant or their representative to have access to information for the purpose of investigating a grievance, the grievant or their representative shall make a written request for such information to the appropriate administrator. The grievant or their 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.|
|10.14||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.|
|10.15||By mutual agreement, a grievance may be filed at the step at which the authority to resolve the grievance resides.|
|10.16||A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.|
|10.17||The parties, by mutual agreement, may consolidate grievances on similar issues at any level.|
|10.18||A grievance settled prior to a final arbitration award shall not be precedent-setting.|
|10.19||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).|
|10.20||No representative or agent of the exclusive representative may solicit complaints or grievances during the employee’s worktime.|
|10.21||An employee shall not suffer reprisals for participation in the processing of a grievance filed pursuant to this Article.|