Teamsters 117 Contract (Effective 7/1/13 - 6/30/15)
Article 18 - Grievance Procedure
A grievance, within the meaning of this Agreement, shall be defined as any alleged misapplication or misinterpretation of the terms of this Agreement.
The content of performance evaluations, letters of counsel, and verbal reprimands shall not be grievable. Employees may submit rebuttals to performance evaluations, letters of counsel, and verbal reprimand, which will be attached to the applicable document(s). Records of verbal reprimands and letters of counsel will be maintained in an employee's supervisory file only and purged in accordance with Section 8.2 of the CBA.
It is the desire and intent of the parties, through the following grievance procedure, to provide an orderly and timely adjudication of grievances. Within this spirit, the procedure is not a substitute for or in any way to inhibit open communications between the employee and supervision. In the presentation of grievances, the employee shall be safe from restraint, interference, discrimination, or reprisal.
Grievances may be filed by individual members of the bargaining unit, groups of employees, or the Union.
18.2 Employee Representation.
The Union, as exclusive representative of bargaining unit employees, is the responsible representative of said employees in grievance matters. Only the Union may take a matter to arbitration.
18.3 Time Limitations.
An extension of the time limitations, as stipulated in the respective steps below, may be obtained by mutual consent of the parties. Failure of the employee to comply with the time limitations without a request for time extension shall constitute withdrawal of the grievance. Failure of the Employer to comply with the time limitations without a request for time extension shall establish the right of the employee to proceed to the next step of the grievance procedure. All references to days shall be considered calendar days and the parties shall have until 5:00pm on the first working day following a Saturday, Sunday or Holiday to meet their grievance procedure obligations should a time requirement in the grievance procedure end on a Saturday, Sunday or Holiday.
Meetings and discussions on the grievance held between the parties in connection with steps one through three shall normally be held during the Employer's regular business hours, or as mutually agreeable, and no deduction in pay status shall be made for the grievant and Union representative for reasonable time spent in this regard during the employee's scheduled duty hours.
18.5 Steps of Grievance Procedure.
All grievances shall be processed in accordance with the following procedure:
Step One - Department Resolution.
Within fourteen (14) calendar days of the occurrence (or knowledge of the occurrence or when the grievant reasonably should have known of the occurrence) of a situation, condition, or action which caused the grievance, the employee(s) affected and/or the Union representative shall present the written grievance to the appropriate supervisor for resolution. The written grievance will include a description of the issue being grieved, including the relevant facts, the contract section(s) alleged to have been violated, and the remedy sought. The parties shall meet and attempt to resolve the grievance within fourteen (14) calendar days of the time the grievance is filed. The Department shall provide a written response within fourteen (14) calendar days of the actual meeting date, or in the event no meeting occurred, within twenty-eight (28) calendar days from when the grievance was filed. If the Department fails to provide a written response, the Union may move the grievance to Step 2.
Step Two - Labor Relations Resolution.
If a satisfactory settlement is not reached in Step 1, and the Union wishes to pursue the matter further, the written grievance shall be referred electronically to University's Office of Labor Relations within fourteen (14) calendar days after the written response is received or due from Step 1. The parties shall meet and attempt to resolve the grievance within fourteen (14) calendar days following the date of the written Step 2 submittal. The University's Office of Labor Relations shall provide a written response within fourteen (14) calendar days of the actual meeting date, or in the event no meeting occurred, within twenty-eight (28) calendar days from when the grievance was referred to Step 2. If the University's Office of Labor Relations fails to provide a written response, the grievance shall be deemed to automatically move to Step 3.
Step Three - Mediation.
In the event the grievance is not resolved within the required time period above, the written grievance may then be submitted to the University's Office of Labor Relations for mediation within fourteen (14) calendar days after the Step 2 written response is received or due. Within fourteen (14) calendar days of the request for mediation, the Union may either submit the matter to the PERC for appointment of a mediator (copied to the Employer), or decline in writing to utilize mediation. If the University's Office of Labor Relations fails to respond to the request for mediation, the grievance shall be deemed to automatically move to Step 4.
Step Four - Arbitration.
If mediation fails to resolve the grievance within a reasonable time, or if the University declines mediation, the grievance may be submitted to arbitration, unless withdrawn by the Union. The Union must submit the request for arbitration to the University's Office of Labor Relations within thirty (30) calendar days from the final date of mediation, or receipt of the University's rejection of mediation. The arbitration process will be administered by the PERC using a list of nine arbitrators from either Washington or Oregon. The parties will select an arbitrator using the alternate strike method.
18.6 Decisions made by an arbitrator will be final and binding on both parties. The cost of arbitration shall be borne equally by the parties, and each party shall bear the full cost of presenting its own case, including any expert or attorney's fees and costs. The arbitrator shall have no authority to add to, subtract from, or modify any provision of this Agreement.
18.7 Grievance documents shall be maintained separately from employee personnel files. Employee personnel files will accurately reflect the final outcome of a grievance.