A grievance within the meaning of this Agreement is any violation of the express terms of this Agreement or a dispute concerning the interpretation or application of any of the specific provisions of this Agreement. The following outline of procedure is written as for a grievance of the Union against the University, but it is understood that the steps are similar for a grievance of the University against the Union.
Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding grievances may be filed with the next level if the grievance is against the Manager, Printing Services.
Grievances processed through Step 2 of the grievance procedure shall be heard during normal University working hours of 8 A. M. to 5 P. M. unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal University working hours shall be allowed to do so without suffering a loss in pay. The shop steward and/or Business Representative and the grievant may attend the grievance meeting.
Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the parties by mutual agreement in writing.
Failure by an employee and/or the Union to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the University to comply with any time limitation of the procedure in this Article shall allow the Union and/or the employee to proceed to the next step without waiting for the University to reply at the previous step, except that employees may not process a grievance beyond Step 2.
A grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 2 by the shop steward and/or a Union official and be processed within the time limits set forth herein. If the grievance is initially submitted at Step 2 it shall be submitted within fifteen (15) working days of the alleged contract violation.
A grievance shall be processed in accordance with the following procedure:
A grievance shall be identified as such and may be presented by the aggrieved employee and/or the shop steward to the Manager, Printing Services within ten (10) working days from the time the complaint arose or should have reasonably been known to exist. The parties agree to make every effort to settle the grievance at this stage promptly. The Manager, Printing Services shall answer the grievance within ten (10) working days after presentation of the grievance.
If the grievance is not resolved as provided in Step 1, it shall be reduced to written form citing the section(s) of the Agreement allegedly violated, the nature of the alleged violation and the remedy sought. The written grievance shall then be forwarded to the Director within ten (10) working days after the Step 1 answer. The Director or designee shall convene a meeting within ten (10) working days after receipt of the grievance. The meeting shall include the aggrieved employee, shop steward and/or Business Representative, together with the Director or designee and the Manager, Printing Services. Within ten (10) working days after the meeting, the reply shall be sent to the Union.
Within ten (10) working days of the Union's receipt of the University's Step 2 response or the expiration of the University's timeframe for responding at Step 2, either party may submit the grievance to binding arbitration. If the parties are unable to mutually agree upon an arbitrator, they shall select one from a list of eleven (11) names provided by the Federal Mediation and Conciliation Service (F. M.C. S.). The parties will make a good faith effort to select an arbitrator within twenty (20) working days after receiving the list from F. M.C. S.
In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows: