18.1 Definition. 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 and Verbal Reprimands shall not be grievable. Employees may submit rebuttals to performance evaluations and letters of counsel and reprimand which will be attached to the applicable document.
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 or the Association.
18.2 Employee Representation. The Association as exclusive representative of bargaining unit employees is the responsible representative of said employees in grievance matters. However, an employee may be self-represented or select a representative outside the Association membership, but Association shall not be held liable for the results of costs of such outside representation. The Association shall be considered an interested party to the proceedings in the event it is not requested to represent the employee. Only the Association 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.
18.4 Meetings. Meetings and discussions on the grievance held between the parties in connection with steps one through three shall normally be held during the University's regular business hours, or as mutually agreeable, and no deduction in pay status shall be made for the grievant and 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:
18.6 Step One. 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) effected and/or Association representative shall present the written grievance to the appropriate lieutenant or watch unit commander 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 will attempt to meet and resolve the grievance within fourteen (14) days. The University will provide a written response.
18.7 Step Two. If a satisfactory settlement is not reached in Step 1 and the employee wishes to pursue the matter further, the written grievance shall be referred to University's Labor Relations Office within fourteen (14) calendar days after the written response is received from Step 1. The parties shall attempt to resolve the grievance within fourteen (14) calendar days following the date of the written submittal.
The Labor Relations Office shall provide a written response.
18.8 Step Three. Mediation/Arbitration. In the event the grievance is not resolved within the required time period above, the written grievance may then be submitted, within fourteen (14) calendar days after the Step 2 written response is received., to the Office of Labor Relations for mediation. Within fourteen (14) days, the University may either submit the matter to the PERC for appointment of a mediator, or decline to utilize mediation.
18.9 If mediation fails to resolve the grievance within a reasonable time, or if the University rejects mediation, the grievance may be submitted to arbitration, unless withdrawn by the Association. The Association must submit the request for arbitration to the Office of Labor Relations within thirty(30) calendar days from the 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.
18.10 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.
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