ARTICLE XX. COMPLAINT, GRIEVANCE, AND ARBITRATION PROCEDURE
SECTION A: DEFINITION OF GRIEVANCE
A grievance is a disagreement, arising under and during the term of this Agreement, between either (1) the Employer and any employee concerning (a) his/her employment and (b) the interpretation or application of the provisions of this Agreement or (2) the Association and the Employer concerning the interpretation and application of this Agreement on a question which is not an employee grievance or which concerns more than one employee, and involves a common fact situation and the same provision(s) of the Agreement.
SECTION B: DEFINITION OF COMPLAINT
A complaint includes a grievance as defined here, but is also any other disagreement, arising under and during the term of this Agreement, between the Employer and an employee or the Association concerning employment.
SECTION C: ASSOCIATION COMPLAINT FILING
In the event that the Association has a complaint, it shall begin at Step Three of the grievance procedure, provided the written complaint is received by the employer's Review Committee within twenty (20) calendar days following knowledge of the facts giving rise to the complaint. Such a complaint shall be submitted by the Association President, or the president's designated representative, on behalf of the Association or on behalf of more than one employee involving a common fact situation and the same provision(s) of the Agreement.
SECTION D: REPRESENTATION
For this purpose, an Association representative may represent an aggrieved employee as provided in the following sections. The Association will provide the Employer with a list of representatives appointed for this purpose.
SECTION E: PROCEDURE
The following procedure shall be the sole and exclusive means for resolving complaints or grievances.
Upon written request from the Association, the Employer shall provide available and relevant information which is necessary to properly process a grievance.
An employee may bring a complaint concerning his/her employment to the attention of his/her department chairperson (or equivalent level of supervision) or his/her designee and may attempt to resolve his/her complaint with or without the assistance of an association representative. However, there shall be no resolution which is inconsistent with the terms of this Agreement.
In order to be further processed under this Agreement, a complaint must be filed in writing within thirty (30) calendar days following knowledge of the facts giving rise to the complaint. A written complaint must be filed with the employee's department chairperson (or equivalent level of supervision), or his/her designee by an employee or by the Association on behalf of a named employee. The Department Chairperson shall provide the Association with a written response within fourteen (14) calendar days of filing, or the discussion, whichever is the later.
A written complaint which is not resolved at Step Two within fourteen (14) calendar days of filing or the discussion, whichever is the later, may be referred to the Employer's Review Committee by the Association. The Association may timely refer a written complaint to Step Three at any time within ten (10) calendar days after either the expiration of the fourteen (14) day time limit or receipt by the Association of the department chairperson's written response, if later.
Any party may request discussion. The Review Committee shall provide the Association with a written response within thirty (30) calendar days of filing, or the discussion, whichever is the later.
A complaint which constitutes a grievance as defined in Section A and which is not resolved at Step Three within thirty (30) calendar days of referral or the discussion, if any, may be submitted to arbitration. The Association may timely submit a grievance to arbitration any time within ten (10) calendar days after receipt by the Association of the Review Committee's written answer, if later.
In order to submit a grievance to arbitration, the Association shall file a written notice of intent to arbitrate with the Review Committee. Such notice shall identify the grievance and the issue, set forth the provisions of the Agreement involved, and set forth the rationale explaining how the Agreement has been violated and the remedy desired. If no such notice is given within the prescribed time limit, the grievance shall not be arbitrable.
Thereafter, the Employer and the Association may attempt to select an arbitrator. If there is no mutual selection of an arbitrator within seven (7) calendar days after notice of intent to arbitrate, selection of an arbitrator will be from a panel of seven arbitrators secured from the FMCS.
No later than seven (7) calendar days after receipt of the panel, the parties will select an arbitrator by alternately striking names. The order of striking will be determined by a coin toss. The remaining name will serve as arbitrator.
Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions:
Either the Employer or the Association or both shall notify the arbitrator of his/her selection and upon his/her acceptance shall forward to the arbitrator a copy of the grievance, the employer's answer at Step Three, the Association's notice to the Review Committee as provided for in this section, and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Association as the case may be. In the event the arbitrator does not accept his/her selection, the selection process shall be repeated until an arbitrator has accepted selection.
Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submitted for decision.
At the time of the arbitration hearing both the Employer and the Association shall have the right to examine and cross-examine witnesses.
Upon the request of either the Employer or the Association, or both, a transcript of the hearing shall be made and furnished to the arbitrator, if he/she so requests, with the Employer and the Association having an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator's copy, unless it is mutually requested. In such a case, the cost shall be shared equally.
At the close of the hearing, the arbitrator shall afford the Employer and the Association a reasonable opportunity to furnish briefs if either party requests the opportunity.
The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined above. submitted to him/her consistent with this Agreement and considered by him/her in accordance with this Agreement.
The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of the Agreement.
The fees and expenses of the arbitrator shall be shared equally by the Employer and the Association. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Association shall be paid by the party producing the witness or having the representative.
The arbitrator shall render his/her decision in writing as soon as possible.
The arbitrator's decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the employer, the Association, and the employee or employees involved.
SECTION F: TIME LIMITS
The time limits set forth in this Article may be extended only by mutual agreement of the parties. Whenever time limits are used in this Article actual receipt or a postmark, if mailed, will control.
SECTION G: DISPUTE RESOLUTION
The Agreement contains a number of different procedures for resolving disputes and problems. This memorandum provides a brief description of these procedures, indicates the types of issues each procedure is designed to address and cites the location of the complete procedure in the Agreement.
Conferences: Either the Association or the Employer may request a Conference to discuss matters of mutual interest or to share information. Issues raised under this procedure generally do not involve the concerns of a single House Officer. Any issues under consideration in the Complain, grievance and Arbitration Procedure may not be discussed in the Conference format.
Patient Care and Work Environment: This Article describes two procedures which a House Officer may follow if, in the interest of patient care, he/she decides to perform the work of another professional or non-professional employee (clerk, messenger, etc.) when he/she believes that doing so will prevent him/her from delivering other important medical care.
Discipline: A House Officer may be disciplined (including discharge from employment and termination from a training program) for misconduct or unsatisfactory performance under three different procedures, each with its own resolution process.
Discipline continued: A House Officer disciplined for misconduct in the employment relationship may appeal this discipline through the process described in Complaint, Grievance and Arbitration Procedure section.
Discipline continued: A House Officer disciplined for unsatisfactory academic performance may appeal this discipline through the due process mechanism maintained by each Department. In addition, a House Officer may appeal a departmental academic decision to the University of Michigan health System Graduate Education Advisory committee. This appeal process is described in the Joint Staff document titled: "Procedure of Appeal of Academic Decisions Including Suspension or Termination from, or Non-Reappointment to, a UMMC Graduate Medical Education Program."
Discipline Continued: If action is taken as a result of a formal complaint received by the Executive Committee on Clinical Affairs, a House officer may appeal this action through the procedures described in Article XXXI of the University of Michigan Medical Staff Bylaws and Bylaws Supplement.
Article XX, Complaint, Grievance, and Arbitration procedure: This article describes the grievance procedure, a formal mechanism for resolution of disagreements between a House Officer and the Employer or between the Association and the Employer involving interpretation or application of the terms of the Agreement. The Employer and the Association may mutually agree to add a process for dispute mediation prior to arbitration. In this event, the parties will agree on a list of mediators to use and will share the costs of mediation equally.