ARTICLE XX. 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) the Employee's 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. ASSOCIATION GRIEVANCE FILING
In the event that the Association has a grievance, it shall begin at Step Three of the grievance procedure, provided the written complaint is received by the Director of Labor Relations or designee within twenty (20) calendar days following knowledge of the facts giving rise to the complaint. Such a grievance 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 C. 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 D. 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 grievance concerning their employment to the attention of their Department Chairperson (or equivalent level of supervision) or their designee and may attempt to resolve the grievance 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 grievance must be filed in writing within thirty (30) calendar days following knowledge of the facts giving rise to the complaint. A written grievance must be filed with the Employee's Department Chairperson (or equivalent level of supervision), or their 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 grievance 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 Director of Labor Relations or designee by the Association. The Association may timely refer a written grievance to Step Three at any time within ten (10) calendar days after either the expiration of the fourteen (14) calendar-day time limit or receipt by the Association of the Department Chairperson's written response, if later.
Any party may request discussion. The Director of Labor Relations or designee shall provide the Association with a written response within thirty (30) calendar days of filing, or the discussion, whichever is the later. 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.
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 Labor Relations' or designee's written answer.
In order to submit a grievance to arbitration, the Association shall file a written notice of intent to arbitrate with the Director of Labor Relations. 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.
The Employer and the Association shall establish a list of four (4) permanent umpires to preside over all arbitrations. Within thirty (30) days of the effective date of this agreement, the parties shall each submit a name of 10 arbitrators to one another. Each party shall strike the names of no more than six (6) potential arbitrators from the other's list. Should there be four (4) names acceptable to both parties, then those arbitrators shall be contacted for inclusion in the panel. Should fewer than four (4) mutually acceptable arbitrators remain, the parties shall generate a list of up to ten (10) additional arbitrators. The second list may contain those arbitrators identified as mutually agreeable during the first round. Should the second-round end with less than four (4) acceptable names, the parties will continue to meet to determine four (4) individuals who would be mutually acceptable for the panel. While such discussions are ongoing the parties shall use the below system for arbitration selection:
- 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 Federal Mediation & Conciliation (FMCS).
- No later than seven (7) calendar days after receipt of the panel, the parties will select an arbitrator by alternatively striking names. The order of striking will be determined by a coin toss. The remaining name will serve as arbitrator.
The umpires shall hear cases on a rotating basis. The umpires shall maintain their position until such time they retire, resign, or are in any other way unable to serve in the capacity of arbitrator between the Employer and the Association. Notwithstanding the preceding sentence, either party may strike a permanent arbitrator within 30 days after the expiration of the Agreement and use the process described in paragraph 212.A and 212.B above for selecting a replacement. In such a case, within thirty (30) days, the parties shall request an FMCS panel to determine the replacement. In such a case, within thirty (30) days, the parties shall request an FMCS panel to determine the replacement.
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 their selection and upon their acceptance shall forward to the arbitrator a copy of the grievance, the Employer's answer at Step Three, the Association's notice to the Director of Labor Relations 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 being selected, 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. All arbitration hearings shall be held at 1500 E. Medical Center Drive, (the main medical campus), unless the Employer and the Association mutually agree on another location.
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 the arbitrator 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 them consistent with this Agreement and considered by them 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 their decision in writing as soon as possible.
The arbitrator's decision, when made in accordance with their jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association, and the Employee or Employees involved.
SECTION E. 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 electronic email receipt or a postmark, if mailed, will control.