Common use of PROCEDURES FOR FILING A GRIEVANCE Clause in Contracts

PROCEDURES FOR FILING A GRIEVANCE. A. Step 1: Informal - Immediate Supervisor The Union and/or the grievant shall institute the grievance procedure of this Article by filing with his/her Immediate Supervisor, during the term of this Agreement, a written grievance. Said grievance shall be filed within fifteen (15) days from the date of the occurrence of the event or the date on which the unit member had or should have had reasonable knowledge of the event or conditions upon which the grievance is based. Within three (3) days after receipt of such notice, the Immediate Supervisor shall meet or arrange to meet with the Union and/or the grievant in an attempt to resolve the grievance. If within five (5) days after such meeting, the Union and/or the grievant and the Immediate Supervisor have failed to agree upon resolution of the grievance, the Union and/or the grievant may elect to proceed to the next level. B. Step 2: Department Head If the Union and/or the grievant elects to proceed to this Step, then within seven (7) days after the expiration of the final time period provided for in Step 1, he/she or the Union shall file the written grievance with the Department Head. The Department Head shall meet with the Union and/or the grievant to resolve the dispute and shall respond in writing within fifteen (15) days from the receipt of the grievance. C. Step 3: Chief Executive Officer or the Campus or Designee If the Union and/or the grievant elects to proceed to this Step, then within seven (7) days of receipt of the Step 2 decision, the Union and/or the grievant shall send a notice of this intent to the Chief Executive Officer of the Campus, or designee (hereinafter in this Article “CEO”). The CEO shall meet with the Union an/or grievant for review of the grievance and shall render a written opinion, after consultation with the Director of Labor Relations, within twenty (20) days of receipt of the notice required to initiate this step. D. Step 4: President of the University of Massachusetts If the Union and/or the grievant elects to proceed to this Step, then within seven (7) days of receipt of the Step 3 decision, the Union and/or the grievant shall file a notice of this intent with the President of the University of Massachusetts or designee (hereinafter in this Article “President”) and a copy of such notice with the CEO. The CEO shall forward, forthwith, a complete copy of the grievance record to the President. Within twenty-five (25) days of receipt of the notice required to initiate this Step, the President shall review said grievance and issue a written decision. E. Step 5: Arbitration Within thirty (30) days of receipt of the Step 4 decision, arbitration of a grievance may be initiated subject to and in accordance with the following provisions: a. The Union shall have the exclusive right to initiate arbitration of a grievance. b. The Union may initiate arbitration of a grievance only if the resolution of the grievance has been sought through all four (4) prior Steps of the grievance procedure, except as is otherwise provided in this Article; c. The Union shall initiate arbitration by giving written notice to the President and the CEO within said thirty (30) days that it intends to submit a grievance to arbitration. d. If the parties fail to agree on the selection of a single arbitrator, the Union may request the American Arbitration Association to provide the parties a panel list of arbitrators from which a selection of a single arbitrator shall be made in accordance with the rules of the American Arbitration Association.