20.1 Purpose
The purpose of this procedure is to provide a process for the prompt and fair resolution of grievances and complaints.
20.2 Definitions
20.2.1 Grievance: A grievance is a claim by a faculty member or the Union against the University regarding the interpretation or application of the terms of this Agreement. A grievance must arise during the term of this Agreement in order to be processed pursuant to the procedure in this Agreement. This Section supersedes and replaces any Faculty Handbook grievance procedure.
20.2.2 The following are not grievable:
20.2.2.1. Complaints as defined in Section 20.2.3, below.
20.2.2.2 Matters arising under Section 18 Disciplinary Action and discharge.
20.2.2.3 Tenure, promotion, merit, or evaluation decisions for all faculty where the disagreement is based on whether standards are satisfied.
20.2.2.4 Decisions regarding reduction in force.
20.2.2.5 Non-renewal of non-tenure-track faculty pursuant to Section 8.5.
20.2.2.6 Workload decisions, except 9.2.1
20.2.2.7 Matters reserved to the University under Section 5, Management Rights.
20.2.3 Complaint: A complaint is an allegation by a faculty member involving a judgment by the dean or Provost that is inconsistent with substantive academic judgment at the departmental level in matters of faculty evaluation and performance reviews. The complaint procedure is also available for workload decisions not related to Section 9.2.1
20.3 General Grievance Provisions
20.3.1 Faculty shall be entitled to Union representation at all steps of the grievance procedure.
20.3.2 Nothing shall prevent a grievant from representing himself/herself. The Union shall be informed of and present at any meeting to adjust any such grievance. No grievance resolution may be inconsistent with this Agreement.
20.4 Grievance Time Limits
20.4.1 The time limits set forth in this Section shall be strictly enforced except that time limits may be waived by mutual written consent of both parties. Requests for a waiver of time limits shall be responded to in a timely manner.
20.4.2 A grievance may be withdrawn by the grievant at any time.
20.4.3 Failure of the Union or grievant to advance a grievance within the specified time will result in dismissal of the grievance. Failure of the University to meet the time limits in the various steps will result in the grievance being advanced to the next step.
20.5 Grievance Procedural Steps
20.5.1 Informal. Not later than twenty days after the grievant had or reasonably should have had knowledge thereof, the grievant shall attempt to resolve the grievance by requesting a conference with the appropriate college dean or designee. The dean shall schedule a meeting within five days of the request at a mutually agreeable time and place.
20.5.2 Step One. If the grievance is not resolved at the Informal step, the grievant may file a formal written grievance with the dean within ten days following the informal meeting. The written grievance shall state the specific provision of this Agreement allegedly violated and the relief requested. The dean shall respond in writing within ten days of timely receipt of the grievance.
20.5.3 Step Two. If the grievance is not resolved at Step One, the grievant, within ten days of the dean’s response, may submit the grievance to the Provost or designee. The Provost shall meet with the grievant at a mutually agreeable time and place. Within ten days of that meeting the Provost will issue a written response.
20.5.4 Step Three. If the grievance is not resolved at Step Two, the Union may appeal the Step Two decision to arbitration. A written demand for arbitration shall be submitted to the University within twenty days of the Step Two decision. The Union shall simultaneously submit a written request for arbitration to the American Arbitration Association (AAA) or to the Federal Mediation and Conciliation Service (FMCS) and request that the parties be provided with the names of seven qualified arbitrators with experience in higher education issues. The arbitrator shall be chosen by the strike method.
20.5.4.1 By mutual agreement the parties may elect to utilize an expedited arbitration procedure.
20.5.4.2 The cost of the arbitrator shall be divided equally between the parties. If the parties agree to use a court reporter, the cost shall be split equally between the parties. Each party shall bear its own costs of representation.
20.5.4.3 The arbitrator shall:
20.5.4.3.1 Have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement, and shall confine the decision solely to the application or interpretation of the express terms of the Agreement.
20.5.4.3.2 Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it;
20.5.4.3.3 Not make any award that provides a faculty member with compensation greater than would have resulted had there been no violation of this Agreement.
20.5.4.4 The arbitrator’s decision shall be final and binding upon the parties.
20.6 Complaint Resolution Process
20.6.1 The Complaint Resolution Process shall be the sole and exclusive process for resolving complaints as defined in Section 20.2.3.
20.6.2 Upon formal notification of a decision involving matters covered by this Complaint Resolution Process, the faculty member may, within ten days after a bargaining unit member’s receipt of such official notification, file a complaint with the Provost, or the President if the complaint involves the Provost. All complaints must include the following:
20.6.2.1 A statement of the decision being appealed;
20.6.2.2 The reasons why the complainant disagrees with the decision;
20.6.2.3 The remedy sought;
20.6.2.4 The name(s), academic unit(s), telephone number, and address at which the complainant(s) shall receive all correspondence related to the complaint; and
20.6.2.5 The name, telephone number, and address of the complainant’s representative.
20.6.3 Consideration of the Appealed Decision.
20.6.3.1 The Provost may, within ten days, at his or her discretion, (a) refer the appealed decision back to the appropriate administrative level for review, or (b) render his or her own judgment on the appealed matter.
20.6.3.2 In either case, no later than twenty days following submission of the issue to the Provost, he/she shall render a written decision to the complainant and to the Union.
20.6.3.3 UFWW may accept the decision of the Provost, in which case the complaint shall be deemed to have been resolved, or the UFWW may appeal the decision of the Provost as described in this Section within five days of receipt of the Provost’s decision.
20.6.3.4 A faculty complainant may withdraw the complaint at any time in the process and the complaint will be deemed to have been resolved.
20.6.4 Within five days of the receipt of the appeal of the Provost’s decision the parties shall meet to select a mutually agreeable independent fact finder with appropriate academic credentials, at the University’s expense, to review the evidence related to the complaint. The fact finder shall be empowered to consider complaints involving only those matters defined in the Complaint Resolution Process.
20.6.5 The fact finder will review the documentary evidence considered in the original academic decision being appealed and talk with witnesses for clarification of the documentary evidence. The fact finder will conclude the investigation not later than thirty calendar days after appointment and forward a recommendation to the President.
20.6.6 The investigation shall be private.
20.6.7 Decision by the President. Upon receipt of the fact finder’s report, the President may meet with the fact finder for the sole purpose of seeking clarification concerning the report.
20.6.8 The decision of the President shall be rendered in writing within twenty days of the receipt of the report. The President’s decision is final and binding and not subject to further review. Copies of the fact finder’s report and the President’s decision shall be transmitted by the Office of the President to the complainant and to the Union within ten days of the decision.