Common use of Grievances Filed by the University Clause in Contracts

Grievances Filed by the University. The University may file a grievance against United Academics within thirty (30) days after the event giving rise to the grievance occurred or within thirty (30) days after the University became aware or reasonably should have been aware of the event giving rise to the grievance, whichever is later. The grievance shall be filed by the University's director of labor relations with the president of United Academics. If the grievance is not resolved within thirty (30) days from the date of filing, the University may advance the grievance to arbitration pursuant to Article 7.2.5. The cost and fees of the arbitrator will be apportioned between the parties as determined by the arbitrator. 7.3 Complaint Resolution Process The Complaint Resolution Process is the sole and exclusive process for resolving 1. All other complaints are subject to the process described in 7.3. 2. All formal complaints or appeals must include the following: a. a statement of the decision being appealed; b. the reasons why the complainant disagrees with the decision; c. the remedy sought; d. the name(s), academic unit(s), MAU, telephone number, and address at which the complainant(s) shall receive all correspondence related to the complaint; and e. the name, telephone number, and address of the complainant's representative. 7.3.1 Complaints Regarding Promotion, Tenure, or Non-Retention Upon formal notification of a decision involving promotion, tenure or non-retention, United Academics may, within ten (10) days after a bargaining unit member’s receipt of such official notification, file an appeal with the chancellor. The chancellor shall refer the appeal to the appropriate appeals board as described below within ten (10) days of receipt of the appeal. The chancellor shall transmit the appeal to the chair of the appeals board for consideration by that body and a copy to United Academics. The Appeals Board a. Composition of the Appeals Board An appeals board shall be formed at each MAU. The appeals board shall be composed of three (3) bargaining unit members to be selected through a process defined by United Academics and three (3) University representatives to be determined by the chancellor. United Academics will select the seventh member of the board who will serve as chair. Members shall be excused from considering any appeal if they have a professional or personal conflict such that they cannot render an impartial judgment. In the event a member of the board is excused, the original appointing party shall appoint a replacement. A bargaining unit member’s participation on an MAU appeals board will qualify for inclusion in the service component of the bargaining unit member’s workload. To facilitate a timely appeals process, bargaining unit member representatives for the upcoming academic year will be identified as part of the annual workload process. b. Scope of the Appeals Board The appeals board shall be empowered to consider appeals involving substantive academic judgments in matters of promotion, tenure, and non-retention. The function of the board is to hear the evidence relating to an appeal and to render a majority recommendation. The evidence subject to review by the board is limited to the documentary evidence considered in the original academic decision being appealed. The board may seek testimony from witnesses for clarification of the documentary evidence. The board shall not substitute its judgment for that of the person or persons charged with the responsibility for making the appealed decision except that it may disagree with an appealed judgmental decision when, upon review of the entire record, the appealed decision is not reasonably supported by the evidence contained in the record.

Grievances Filed by the University. The University may file a grievance against United Academics within thirty (30) days after the event giving rise to the grievance occurred or within thirty (30) days after the University became aware or reasonably should have been aware of the event giving rise to the grievance, whichever is later. The grievance shall be filed by the University's director of labor relations with the president of United Academics. If the grievance is not resolved within thirty (30) days from the date of filing, the University may advance the grievance to arbitration pursuant to Article 7.2.5. The cost and fees of the arbitrator will be apportioned between the parties as determined by the arbitrator. 7.3 Complaint Resolution Process The Complaint Resolution Process is the sole and exclusive process for resolvingProcess 1. All other complaints are subject to the process described in 7.3. 2. All formal complaints or appeals must include the following: a. a statement of the decision being appealed; b. the reasons why the complainant disagrees with the decision; c. the remedy sought; d. the name(s), academic unit(s), MAU, telephone number, and address at which the complainant(s) shall receive all correspondence related to the complaint; and e. the name, telephone number, and address of the complainant's representative. 7.3.1 Complaints Regarding Promotion, Tenure, or Non-Retention Upon formal notification of a decision involving promotion, tenure or non-retention, United Academics may, within ten (10) days after a UNAC bargaining unit member’s receipt of such official notification, file an appeal with the chancellor. The chancellor cChancellor shall refer the appeal to the appropriate appeals board as described below within ten (10) days of receipt of the appeal. The chancellor shall transmit the appeal to the chair of the appeals board for consideration by that body and a copy to United Academics. The Appeals Board a. Composition of the Appeals Board UNAC bargaining unit An appeals board shall be formed at each MAU. The appeals board shall be composed of three (3) UNAC bargaining unit members to be selected through a process defined by United Academics and three (3) University representatives to be determined by the chancellor. United Academics will select the seventh member of the board who will serve as chair. Members shall be excused from considering any appeal if they have a professional or personal conflict such that they cannot render an impartial judgmentjudgement. In the event a member of the board is excused, the original appointing party shall appoint a replacement. A bargaining unit member’s participation on an MAU appeals board will qualify for inclusion in the service component of the UNAC bargaining unit member’s workload. To facilitate a timely appeals process, bargaining unit unitUNAC member representatives for the upcoming academic year will be identified as part of the annual workload process. b. Scope of the Appeals Board The appeals board shall be empowered to consider appeals involving substantive academic judgments judgements in matters of promotion, tenure, and non-retention. The function of the board is to hear the evidence relating to an appeal and to render a majority recommendation. The evidence subject to review by the board is limited to the documentary evidence considered in the original academic decision being appealed. The board may seek testimony from witnesses for clarification of the documentary evidence. The board shall not substitute its judgment judgement for that of the person or persons charged with the responsibility for making the appealed decision except that it may disagree with an appealed judgmental decision when, upon review of the entire record, the appealed decision is not reasonably supported by the evidence contained in the record.

Grievances Filed by the University. The University may file a grievance against United Academics within thirty (30) days after the event giving rise to the grievance occurred or within thirty (30) days after the University became aware or reasonably should have been aware of the event giving rise to the grievance, whichever is later. The grievance shall be filed by the University's director of labor relations with the president of United Academics. If the grievance is not resolved within thirty (30) days from the date of filing, the University may advance the grievance to arbitration pursuant to Article 7.2.5. The cost and fees of the arbitrator will be apportioned between the parties as determined by the arbitrator. 7.3 Complaint Resolution Process The Complaint Resolution Process is the sole and exclusive process for resolvingProcess 1. All other complaints are subject to the process described in 7.3. 27.3.2. All formal complaints or appeals must include the following: a. a statement of the decision being appealed; b. the reasons why the complainant disagrees with the decision; c. the remedy sought; d. the name(s), academic unit(s), MAU, telephone number, and address at which the complainant(s) shall receive all correspondence related to the complaint; and e. the name, telephone number, and address of the complainant's representative.. UA Proposal Package 1 Articles 3, 4, 5 (UNAC presented 9/17/24), 6, 7, 8, 14, 17, 18, 19, 21, 22 Presented September 30, 2024 7.3.1 Complaints Regarding Promotion, Tenure, or Non-Retention Upon formal notification of a decision involving promotion, tenure or non-retention, United Academics may, within ten (10) days after a bargaining unit member’s receipt of such official notification, file an appeal with the chancellor. The chancellor shall refer the appeal to the appropriate appeals board as described below within ten (10) days of receipt of the appeal. The chancellor shall transmit the appeal to the chair of the appeals board for consideration by that body and a copy to United Academics. The Appeals Board a. Composition of the Appeals Board An appeals board shall be formed at each MAU. The appeals board shall be composed of three (3) bargaining unit members to be selected through a process defined by United Academics and three (3) University representatives to be determined by the chancellor. United Academics will select the seventh member of the board who will serve as chair. Members shall be excused from considering any appeal if they have a professional or personal conflict such that they cannot render an impartial judgment. In the event a member of the board is excused, the original appointing party shall appoint a replacement. A bargaining unit member’s participation on an MAU appeals board will qualify for inclusion in the service component of the bargaining unit member’s workload. To facilitate a timely appeals process, bargaining unit member representatives for the upcoming academic year will be identified as part of the annual workload process. b. Scope of the Appeals Board The appeals board shall be empowered to consider appeals involving substantive academic judgments in matters of promotion, tenure, and non-retention. The function of the board is to hear the evidence relating to an appeal and to render a majority recommendation. The evidence subject to review by the board is limited to the documentary evidence considered in the original academic decision being appealed. The board may seek testimony from witnesses for clarification of the documentary evidence. The board shall not substitute its judgment for that of the person or persons charged with the responsibility for making the appealed decision except that it may disagree with an appealed judgmental decision when, upon review of the entire record, the appealed decision is not reasonably supported by the evidence contained in the record.

Grievances Filed by the University. The University may file a grievance against United Academics within thirty (30) days after the event giving rise to the grievance occurred or within thirty (30) days after the University became aware or reasonably should have been aware of the event giving rise to the grievance, whichever is later. The grievance shall be filed by the University's director of labor relations with the president of United Academics. If the grievance is not resolved within thirty (30) days from the date of filing, the University may advance the grievance to arbitration pursuant to Article 7.2.5. The cost and fees of the arbitrator will be apportioned between the parties as determined by the arbitrator. 7.3 Complaint Resolution Process The Complaint Resolution Process is the sole and exclusive process for resolvingProcess 1. All other complaints are subject to the process described in 7.3. 27.3.2. All formal complaints or appeals must include the following: a. a statement of the decision being appealed; b. the reasons why the complainant disagrees with the decision; c. the remedy sought; d. the name(s), academic unit(s), MAU, telephone number, and address at which the complainant(s) shall receive all correspondence related to the complaint; and e. the name, telephone number, and address of the complainant's representative.. CONFIDENTIAL – DO NOT DISTRIBUTE UA Proposal Package 1 Articles 3, 4, 5 (UNAC presented 9/17/24), 6, 7, 8, 14, 17, 18, 19, 21, 22 Presented September 30, 2024 7.3.1 Complaints Regarding Promotion, Tenure, or Non-Retention Upon formal notification of a decision involving promotion, tenure or non-retention, United Academics may, within ten (10) days after a bargaining unit member’s receipt of such official notification, file an appeal with the chancellor. The chancellor shall refer the appeal to the appropriate appeals board as described below within ten (10) days of receipt of the appeal. The chancellor shall transmit the appeal to the chair of the appeals board for consideration by that body and a copy to United Academics. The Appeals Board a. Composition of the Appeals Board An appeals board shall be formed at each MAU. The appeals board shall be composed of three (3) bargaining unit members to be selected through a process defined by United Academics and three (3) University representatives to be determined by the chancellor. United Academics will select the seventh member of the board who will serve as chair. Members shall be excused from considering any appeal if they have a professional or personal conflict such that they cannot render an impartial judgment. In the event a member of the board is excused, the original appointing party shall appoint a replacement. A bargaining unit member’s participation on an MAU appeals board will qualify for inclusion in the service component of the bargaining unit member’s workload. To facilitate a timely appeals process, bargaining unit member representatives for the upcoming academic year will be identified as part of the annual workload process. b. Scope of the Appeals Board The appeals board shall be empowered to consider appeals involving substantive academic judgments in matters of promotion, tenure, and non-retention. The function of the board is to hear the evidence relating to an appeal and to render a majority recommendation. The evidence subject to review by the board is limited to the documentary evidence considered in the original academic decision being appealed. The board may seek testimony from witnesses for clarification of the documentary evidence. The board shall not substitute its judgment for that of the person or persons charged with the responsibility for making the appealed decision except that it may disagree with an appealed judgmental decision when, upon review of the entire record, the appealed decision is not reasonably supported by the evidence contained in the record.