Only the UC-AFT may make an appeal to arbitration and only after the timely
exhaustion of the Grievance Procedure of this MOU. The written appeal to
arbitration must be received by the designee of the Office of Labor Relations
of the Office of the President within forty-five (45) calendar days of the mailing
of the final University decision to the UC-AFT (Article 32 - Grievance
Procedure). The written appeal must be signed by the UC-AFT President
and/or the UC-AFT Executive Director and must include:
name, mailing address and campus location of the grievant(s);
name and address of the UC-AFT representative who is responsible for
the appeal to arbitration and to whom all correspondence is to be sent;
a copy of the completed grievance form;
a statement setting forth the unresolved issue(s), the Articles of the
MOU alleged to have been violated, and the remedy requested; and
a completed proof of service form.
Appeals to arbitration which are not processed within the above time limit
and/or which do not contain the appropriate UC-AFT signature are ineligible
for arbitration. If a grievance is not appealed to arbitration, the University's
written Step 2 decision, or Step 3 decision, if appealed to Step 3, shall be
final.
Absent resolution of the grievance during this time, the designee of the Office
of Labor Relations of the Office of the President shall notify the UC-AFT of the
University's agreement to proceed to arbitration within thirty (30) calendar
days of the date of mailing of the appeal to arbitration. The University's
response will include a proof of service and the name and mailing address of
the University's representative who is responsible for the appeal to arbitration
and to whom all correspondence should be addressed.
Within fifteen (15) calendar days of the mailing of the University's response to
the UC-AFT's appeal to arbitration, the UC-AFT will contact the University's
representative responsible for the appeal to arbitration to initiate the selection
of an arbitrator. Failure to contact the University's representative within the
established time frame will be considered as a withdrawal of the arbitration
appeal.
If the parties cannot mutually agree to the selection of an arbitrator from the
panel, the parties shall alternately strike one name each from the list of panel
members. Unless the parties agree otherwise, the party selecting first shall
be determined by the flip of a coin. The remaining name shall be designated
as the arbitrator.
The selection of the arbitrator shall be accomplished no later than thirty (30)
calendar days from the issuance of the University's response to the appeal to
arbitration.
Upon selection of an arbitrator, the University, following consultation with the
UC-AFT regarding hearing dates, will notify the arbitrator and request hearing
date(s) no earlier than twenty-one (21) calendar days from the date of mailing
of the letter to the arbitrator. A copy of this letter shall be sent simultaneously
to the UC-AFT representative responsible for the appeal to arbitration.
If the parties agree to use an expedited form of arbitration, the following will occur:
the arbitrator will be selected in accordance with Section B. above;
the case shall be heard on the arbitrator's earliest available date, unless
otherwise agreed by the parties;
there shall be no transcript of the proceedings;
post-hearing briefs will be waived; and
the arbitrator will issue a written decision within seven (7) calendar days
following the close of the hearing record unless the parties agree, prior to the
commencement of the arbitration, that the arbitrator rule on the issues at the
close of the hearing in lieu of a written decision.
ARBITRATION PROCEDURE
In order for grievances to be considered timely and arbitrable under this
Article, the scheduling of the arbitration hearing date must be accomplished
no later than ninety (90) calendar days from the date the grievance was
originally appealed to arbitration. Should the parties be unable to agree to a
hearing date, the authority to schedule the hearing rests with the arbitrator.
Prior to the arbitration hearing, the UC-AFT and the University shall attempt to
stipulate as to the issue(s) to be arbitrated and to as many facts as possible.
At least seven (7) calendar days prior to the arbitration hearing the parties
shall exchange lists of known witnesses.
During the arbitration proceeding the parties shall have an opportunity to
examine and cross-examine witnesses under oath and to submit relevant
evidence. Issues and allegations shall not be introduced at the arbitration
hearing which were not introduced during Step 2 of the grievance procedure
of this MOU. Settlement offers made during the grievance procedure shall
not be introduced as evidence in arbitration.
The arbitrator shall have the authority to subpoena witnesses or documents,
subject to the limitations set forth in Article 10 - Personnel Files, but only upon
the request of either party.
Either or both parties may, at its discretion, file briefs with the arbitrator. The
order and time limits of briefing shall be either as agreed to by the parties or
as specified by the arbitrator. Briefing time limits may be extended if agreed
upon by the parties. Prior to the commencement of the Arbitration, the parties
may agree to waive the filing of briefs, and in lieu of a written decision, the
parties may also agree that the arbitrator will rule at the close of the hearing.
The arbitration hearing shall be closed unless the parties otherwise agree in
writing.
Unless the parties agree otherwise, where arbitrability is an issue, the
arbitrator shall conduct a hearing and issue a decision first on arbitrability.
The parties may agree to conduct the hearing on arbitrability pursuant to
Section C. of this Article.
An appeal to arbitration shall not inhibit efforts by the University and UC-AFT
to resolve the grievance. The UC-AFT shall have authority to withdraw a
grievance or enter into an agreement with the University to settle a grievance
appealed to arbitration. An agreement to settle or withdraw a grievance
appealed to arbitration reached between the University and the UC-AFT shall
be binding on unit employees.
In all cases appealed to arbitration, except for actions taken pursuant to
Article 30 - Discipline and Dismissal, the UC-AFT shall have the burden of
proceeding.
The arbitrator shall consider the evidence presented and render a written
decision within thirty (30) calendar days of the close of the record of the
hearing. The arbitrator's decision will set forth the findings of fact, reasoning,
and conclusions on the issues submitted by the parties.
The arbitrator's fees, AAA fees and the costs of transcripts requested by the
arbitrator or both parties shall be shared equally by both parties. Costs for
transcripts requested by only one party, shall be borne by the requesting
party.
A party that cancels or postpones an arbitration will be liable for any
cancellation/postponement fees charged by arbitrator, court reporter or AAA.
AUTHORITY OF THE ARBITRATOR
The arbitrator's authority shall be limited to determining whether the University
has violated arbitrable provisions of this MOU. The arbitrator shall not have
jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way
the provisions of this MOU.
Except to the extent provided in this MOU, the arbitrator shall not have the
jurisdiction or authority to review the University's evaluation of an NSF's
academic qualifications or performance, or whether courses shall be offered.
If the grievance is sustained in whole or in part, the remedy shall not exceed
restoring to the NSF the pay, benefits, or rights lost as a result of a violation of
the MOU, less any compensation from any source recognized by law as
appropriate to offset such a remedy. The decision and award of the arbitrator
shall be final and binding upon the parties to this MOU and the NSF. The
University will not be liable for back wages or other monetary reimbursement
for:
any period of time during which an extension of time limits has been
granted at the request of the UC-AFT;
any period of time between the first date the arbitrator is available for
an arbitration hearing and the date of the hearing, when the first date
is rejected by the UC-AFT; and
any period of time greater than thirty (30) calendar days prior to the
date the grievance was filed pursuant to Article 32 - Grievance
Procedure.
EXTENSION OF TIME LIMITS
Time limits set forth in this Article may be extended by agreement of the parties in
writing in advance of the expiration of the time limit.
RELEASE TIME
Upon advance request, the grievant and the UC-AFT representative, if the
representative is a NSF, s/he shall be granted leave with pay to attend arbitration
hearings and related settlement meetings convened by the University. Unit
members who are called by the parties to testify shall be granted leave with pay
upon advance request for the period of time required to testify.
PANEL OF ARBITRATORS
The parties agree that there will be a standing panel of thirteen (13)
arbitrators to hear arbitration cases scheduled for hearing pursuant to the
provision of this Article.
The procedure for modifying the panel shall be as follows:
Each party shall have the right to eliminate up to two (2) arbitrators
from the panel once each calendar year. The party exercising this
right shall notify the other party in writing of the name(s) of the
arbitrator(s) to be stricken from the panel.
In replacing an arbitrator who has been eliminated, declined to
participate or who has resigned, or in adding an arbitrator(s) to
complete the panel, the parties will exchange lists of nominations
within sixty (60) calendar days. If agreement cannot be reached on all
thirteen (13) arbitrators, the remaining number needed to complete the
panel will be selected alternately by the parties. The party selecting
first shall be determined by the flip of a coin. Any arbitrator eliminated
in a., above, may not be placed on the panel again.
The parties shall jointly send letters to arbitrators chosen for placement
on the standing panel and shall request that they agree to participate
and comply with the provisions of the MOU.
