Definition. A grievance is a claim that a certain article(s) of this MOU has
(have) been violated by the University during the term of this MOU.
Standing. Except as otherwise provided in this MOU, a grievance may be
filed by an NSF or the UC-AFT. The University may not bring a grievance
through this procedure.
Filing Deadline. A formal grievance must be filed in writing within forty-five
(45) calendar days from the date on which the NSF or the UC-AFT knew or
could be expected to know of the event or action which gave rise to the
grievance, or within fifteen (15) calendar days from the date of the separation
of the NSF from University employment, whichever occurs first. Formal
grievances shall be filed with the campus office and/or officer designated in
Appendix A.
Consolidation. Grievances brought by, or related to, two (2) or more NSF,
and multiple grievances by or related to the same NSF, which concern the
same incident, issue or course of conduct, may be consolidated for the
purposes of this procedure provided that the time limits described in this
Article shall not be shortened for anygrievance because of the consolidation
of that grievance with other grievances. Consolidated grievances may be
severed. A grievance shall be consolidated or severed only by agreement
between the grievant or the grievant's representative and the University.
Representation. An NSF shall have the right to be represented at all steps of
the Grievance Procedure by her/himself or by any person of her or his choice
other than a University employee who has been designated as supervisorial,
managerial or confidential within the meaning of the Higher Education
Employee-Employer Relations Act (HEERA). The grievant shall provide the
University written notice of the name and address of her/his representative.
The University shall notify the UC-AFT of any formal grievances filed where
the UC-AFT is not chosen as the representative of the grievant. The
grievant's representative may be assisted in grievance meetings by another
NSF or, if applicable, a UC-AFT representative
Settlement Offers. Settlement offers shall be confidential and inadmissible at
subsequent steps. The settlement shall become final so long as the
adjustment is not inconsistent with the terms of this MOU and provided that
the UC-AFT, if not involved in representation, has been given ten (10)
calendar days to file a response.
Documents. Except by agreement between the grievant or the grievant's
representative and the University, documents and communications that are
filed with the University and are related to the processing of a grievance shall
be kept separate from the grievant's personnel files.
Time Limits and Extension of Time Limits.
Deadlines which fall on days that are not business days at the campus
at which the grievance is filed will be automatically extended to the
next business day. If a University official fails to meet a deadline, the
grievant may move the grievance to the next step in the process.
Time limits set forth in this Article may be extended only by written
agreement between the grievant or the grievant's representative if any,
and the University.
Release Time. As professional exempt employees, NSF shall be allowed
reasonable flexibility with their time in order to investigate and pursue
grievance handling. Reasonable efforts will be made by the University not to
call meetings during scheduled class hours of the grievant or the grievant's
representative. Time spent by grievants or their representatives outside their
normal schedules in University-called meetings shall not be counted as time
worked. Unit members will not lose salary as a result of attendance at
meetings called by the University pursuant to this Article.
Authority of the Designated University Administrator. The Designated
University Administrator at each step of the process has the authority to
modify the decision of a Designated University Administrator provided at an
earlier step of the grievance process.
Within thirty (30) calendar days after the grievant became aware of the event
that is the subject of the grievance, the NSF may discuss the grievance with
her or his immediate supervisor. However, if a University representative
outside the department initiated the incident or action that gave rise to the
grievance, the grievant may discuss the grievance with the Dean, or individual
who supervises the person who initiated the action, rather than the immediate
supervisor. Informal resolutions, although final, shall not be precedential or
inconsistent with this MOU.
Within ten (10) calendar days of the informal discussion, the individual with
whom the grievant discussed the grievance pursuant to B.1., above, shall
provide the grievant with an oral response.
If the grievance is not resolved through informal discussion, or if the grievant
does not seek remedy through informal resolution, the NSF may seek review
as set forth in Section C., below.
Attempts at informal resolution do not extend the forty-five (45) calendar day
time limit to file at Step 1 unless an extension of the time limit has been
agreed to as set forth in Section A.8.
Consistent with the provisions of this MOU, a grievant or the UC-AFT may file
a written grievance as set forth below.
A written grievance must be filed with the campus designated
Grievance Officer listed in Appendix A on the grievance form agreed to
by the University and UC-AFT.
Time limits for initial filing:
Grievances must be filed within forty-five (45) calendar days
from the date on which the NSF or the UC-AFT knew or could
have been expected to know of the event or action which gave
rise to the grievance, or within fifteen (15) calendar days after
the date of the NSF's separation from University employment,
whichever occurs first. Any grievance which is filed out of
compliance with the time limits provided in this Section, is
considered withdrawn by the grievant and/or UC-AFT, as
applicable.
The grievant or the UC-AFT may file a written grievance by
facsimile transmission to the campus designated grievance
officer. However, for the University to accept the facsimile filing
as timely, the University must receive an original signed hard
copy of the grievance within five (5) business days of the
facsimile transmission date. The date and time registered by
the University's facsimile machine shall constitute the official
date of receipt by facsimile transmittal. If the registered date on
the facsimile falls outside the campus' business hours, the
following business day shall constitute the official date of
receipt.
Attempts at informal resolution do not extend the time limits for
initial filing, unless the grievant, or the grievant's representative
if any, and the University have agreed to such extension in
writing.
A valid written grievance must contain the following information:
the specific Article or section of the MOU alleged to have been
violated;
the date(s) and nature of the action grieved and how it violated
the above described provision of the MOU;
how the NSF was adversely affected; and
the remedy requested.
If the University determines such grievance ineligible for processing,
the UC-AFT may file a grievance over the University's decision, in
accordance with the provisions of this Article.
Within ten (10) calendar days of receiving the written grievance, the
University shall schedule a review between the grievant and her/his
representative if any, and the designated campus representative.
The University shall provide a written response at the review or within
ten (10) calendar days of the review. Resolution at this step, although
final, shall not be precedential or inconsistent with this MOU.
If the grievance is not resolved, the grievant may seek further review in
the manner described below in Section D.
Step 1., except for the written filing of the grievance in accordance with
Section C.1. b) and c), may be waived by agreement of the parties.
If the grievance has not been resolved at Step 1, the grievant or the grievant's
representative may submit a written request to the campus designated
grievance officer for a Step 2 review. Such request must be made within
fifteen (15) calendar days from the date of the University's written response at
Step 1, or if no University answer was issued, within fifteen (15) calendar days
from the date the Step 1 response was due.
If either the grievant or the grievant's representative or the grievance officer
requests a meeting to discuss the merits of the grievance, one shall be
conducted within fifteen (15) calendar days of the request for the Step 2
review. If a meeting occurs, the grievant and/or the grievant's representative
may be present. Also, the grievant or the grievant's representative shall be
able to bring people to the meeting who have information to present about the
grievance. With the agreement of the parties, each party may bring one
observer to the meeting.
The grievant and/or the grievant's representative must present all known
evidence and contentions relevant to the grievance at this Step 2 review.
Contentions not made known by the parties at this time are not subsequently
admissible.
A campus administrator with the authority to modify the decision of the
University representative at the previous step shall participate in the meetings
and University response on appealed grievances.
Notice to the grievant of the University's Step 2 decision will be as set forth
below.
For grievances where the UC-AFT represents the grievant:
If no Step 2 meeting is requested, the University shall mail the
written decision to the grievant and/or the grievant's
representative within fifteen (15) calendar days following the
date of receipt of the request for a Step 2 review.
If a meeting is requested, the University shall mail the written
decision to the grievant and/or the grievant's representative
within fifteen (15) calendar days following the meeting.
The University's decision shall become final within forty-five (45)
calendar days following the mailing, unless within that time, the UC-AFT
has appealed the decision to Step 3.
For grievances where the UC-AFT does not represent the grievant:
If no Step 2 meeting is requested, the University shall mail a
copy of the grievance and proposed resolution to the UC-AFT
within fifteen (15) calendar days following the date of receipt of
a request for a Step 2 review. The University decision shall
address the issues raised in the written grievance, and shall
present the facts known to the University related to the issues
alleged in the grievance. If the UC-AFT requested a Step 2
meeting, the University shall mail a copy of the grievance and
proposed resolution to the UC-AFT within fifteen (15) calendar
days following the meeting.
The UC-AFT shall be given ten (10) calendar days from the date
of issuance of such copy to comment in writing on the proposed
resolution.
The University shall not implement the proposed resolution of
the grievance until timely receipt and review of the UC-AFT's
written comments, if any.
Following receipt of the UC-AFT's comments or ten (10)
calendar days from date of issuance, whichever occurs first, the
University will mail its decision to the grievant and/or the
grievant's representative and will mail a copy to the UC-AFT.
The decision of the University shall become final, so long as the
decision is not inconsistent with the terms of this Agreement,
within forty-five (45) calendar days of the mailing of the decision
to the grievant and/or the grievant's representative, unless
within that time, the UC-AFT has appealed the decision to Step
3.
Grievances that are not satisfactorily resolved at Step 2 may be appealed to
Step 3. The appeal must be filed with the Executive Director of Labor
Relations Operations in the Office of the President within fifteen (15) calendar
days of the date the University's Step 2 written decision was issued or, if no
University answer was issued, within fifteen (15) calendar days of the date the
Step 2 decision was due.
The Step 3 appeal shall identify all unresolved issues, alleged
violations, and remedies, and shall be signed and dated by the
grievant or her/his representative.
The subject of the grievance as stated at Step 2 shall constitute the
sole and entire subject matter of the appeal to Step 3.
The Labor Relations office in the Office of the President shall issue the
University's written decision to a Step 3 appeal within thirty (30) calendar days
of the receipt of the appeal. The decision will be issued to the grievant when
self-represented, or to her/his representative.
APPEALS TO ARBITRATION
If an Appeal to Arbitration is not received by the Office of Labor Relations at the
Office of the President within forty-five (45) calendar days of the issuance of the
University's Step 2 answer, or the University's Step 3 answer if the grievance is
appealed to Step 3., the grievance shall be considered resolved on the basis of the
University's final response.
Nothing in this Article or MOU prohibits informal meetings at any step of the
grievance procedure upon agreement of the parties. Except by mutual agreement
pursuant to A.8., such meetings do not extend the timeframes outlined in this Article.
