Section 10.0 Definitions
Subdivision 10.01 Grievance
A "grievance" is an allegation by a bargaining unit member, members, or United Faculty (union) that there has been a violation, misinterpretation, or misapplication of any provision of the Master Agreement, except for matter subject to appeal under Article Eleven (Appeal), which shall be resolved under the procedures of that Article. The United Faculty may file a grievance on organizational rights specified in this Agreement and may waive the first two (2) levels under Section 10.3.
Subdivision 10.02 Aggrieved Person
An "aggrieved person" is the person or the United Faculty making the complaint.
Subdivision 10.03 Party in Interest
A "party in interest" is the person or persons making the complaint and any person, including the United Faculty or the Board, or their representative, who might be required to take action or against whom action might be taken in order to resolve the complaint.
Section 10.1 Purpose
Subdivision 10.11 Lowest Level
The purpose of this procedure is to secure, at the lowest possible level,
equitable solutions to grievances.
Subdivision 10.12 Informal and Confidential
Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
Section 10.2 General Procedures
Subdivision 10.21 Time Limits
The failure of an aggrieved person to act on any grievance within the prescribed time limits will act as a bar to any further appeal. An administrator's failure to give a decision within the time limits shall permit the grievant to proceed to the next step. Time limits may be extended by mutual agreement.
Subdivision 10.22 Processing
The investigation, handling, or processing of any grievance by the grieving person or the United Faculty shall be conducted so as not to interfere with specifically assigned duties. Any departure from this provision shall be by mutual agreement.
Subdivision 10.23 Election of Forum
If the grievant files any claim or complaint in any forum other than under
the grievance procedure of this Master Agreement, then, while such claim
is pending or after it has been adjudicated, the Board shall not be required
to process the same or a substantially equivalent claim through this grievance
Subdivision 10.24 Filing of Initial Grievance
A Faculty Member who alleges that contract provisions have been violated
shall initially seek to resolve the problem by informal means through administrative
channels. This procedure must be initiated within thirty (30) days
following the time at which the aggrieved party could reasonably have been
aware of the occurrence of the grievance. However, under no circumstances
shall a grievance be considered timely after twelve (12) calendar months
from the date of occurrence.
Subdivision 10.25 Written Grievance
A formal grievance must be submitted in writing and shall contain a concise
statement of the facts surrounding the grievance. The statement must
specify the specific Article or provision allegedly violated, and relief
requested. The grievance shall be filed on the form approved by the
parties, which shall be obtained from the United Faculty (Appendix B).
Subdivision 10.26 Filing Limitations
A formal grievance will be processed only if filed within forty-five (45)
days following the time at which the aggrieved party could reasonably have
been aware of the occurrence of the grievance. However, under no
circumstances shall a grievance be considered timely after twelve (12)
calendar months from the date of occurrence. The grievance form shall
contain an endorsement indicating the United Faculty's receipt of a copy
of the complaint.
Subdivision 10.27 Days Defined
In all instances in which "days" is specified in this Article
the term refers to class days. Saturdays, Sundays, holidays, and
days when classes are not in session are not counted. Class days
during summer session will be counted for faculty on summer appointment
(teaching and research) for the whole eight (8) weeks regardless of period
of appointment of Faculty Member. By mutual agreement between United
Faculty and the Board class days may not be counted for faculty on summer
appointment. Class days for faculty not on summer appointment will
not be counted except by mutual agreement between United Faculty and the
Board. When counting days, the day the grievance is received at
any point in the procedure shall be considered "day one."
Section 10.3 Formal Levels
Subdivision 10.31 Level One
The grievance form shall be filed with the grievant's Department Head
who shall respond within fourteen (14) days, indicating her/his disposition
of the case. The Department Head shall distribute copies as indicated
on the approved grievance form.
Subdivision 10.32 Level Two
The aggrieved person may, within fourteen (14) days of the receipt of
the disposition of the case at Level One, appeal to the appropriate Dean,
in writing, with the authorized signature of United Faculty. The
Dean shall meet with the parties and United Faculty, and, within fourteen
(14) days of receipt of the appeal, indicate her/his response in writing,
with a copy to United Faculty.
Subdivision 10.33 Level Three
The aggrieved person may, within fourteen (14) days of the receipt of
the decision at Level Two, appeal to the President or her/his designee,
with the authorized signature of United Faculty. The President or
designee shall, within fourteen (14) days of receipt, indicate her/his
response in writing, with a copy to United Faculty.
Section 10.4 Arbitration (Level Four)
Subdivision 10.41 Notice of Arbitration
The United Faculty may submit a grievance to arbitration with the consent
of the grievant and with notice to the President and copy to the Board
Office, provided written notice of intent to arbitrate is delivered to
the Office of the President within twenty-one (21) days of receipt of the
President's response at Level Three.
Subdivision 10.42 Selection Procedure
Unless otherwise mutually agreed by the parties, the arbitrator shall
be chosen according to the following procedure:
The arbitrator shall be chosen from a permanent panel established by the parties. The permanent panel shall consist of seven arbitrators and shall exist for the two-year period covered by this agreement.
All arbitrators on the panel shall be employed by a four-year college
or University and shall not be a former or current employee of the Board
(unless otherwise mutually agreed by the parties). All arbitrators
offered by the parties for inclusion on the panel shall be on the arbitrators
lists of the American Arbitration Association and/or the Iowa Public
Employment Relations Board.
The parties shall first attempt to determine the members of the permanent
panel through consensus. If the panel is not completed through
consensus, each party shall submit a list of eight (8) names with the
qualifications specified in Paragraph 10.422. If a name appears
on both lists, that person shall be a member of the panel. The
parties shall strike names from the list alternately until the panel
has seven (7) remaining members. The arbitrators on the panel shall
be notified of their selection and asked if they will accept. If
any does not accept, the parties shall fill the vacancy through consensus
or through the provisions of Paragraph 10.424.
If, during the term of the panel, a vacancy should occur or the parties
mutually agree to remove a member of the panel, each party shall submit
three (3) names. The parties shall alternately strike names until
one remains, and such remaining person shall be a member of the panel.
When a grievance has been taken to arbitration, the parties shall, within
14 days, meet to select the arbitrator. The parties shall strike
alternately until one name remains. The person who remains shall
be the arbitrator. The parties shall promptly notify the arbitrator
of her/his selection.
Subdivision 10.43 Hearing and Decision
The arbitrator so selected shall confer with the President or designee
and the United Faculty and hold hearings promptly and shall issue her/his
decision not later than thirty (30) calendar days from the date of the
close of the hearings or, if written briefs have not been waived, then
from the date the final statements and proofs on the issues are submitted
to her/him. The arbitrator's decision shall be in writing and shall
set forth her/his findings of fact, reasoning and conclusions on the issues
submitted. The arbitrator shall have no power to alter, add, or detract
from the specific provisions of the Agreement. The decision of the
arbitrator shall be submitted to the President and the United Faculty and
shall be final and binding on the parties.
Subdivision 10.44 Costs
The costs for the services of the arbitrator, including per diem expenses,
if any, and actual and necessary travel and subsistence expenses shall
be borne equally by the Board and the United Faculty. Any other expenses
incurred shall be paid by the party incurring the same.
Section 10.5 Rights of Employees to Representation
Subdivision 10.51 Employee and United Faculty
Any aggrieved person may be represented at all stages of the grievance
procedure prior to Level Three by herself/himself, or at United Faculty's
option, by a representative selected or approved by the United Faculty.
The United Faculty shall have the right to be present at all levels as
a party of interest.
Subdivision 10.52 Separate Grievance File
All official documents, communications, and records dealing with the processing
of a grievance shall be filed in a separate grievance file. The grievance
file shall be accessible during business hours to the grievant and United
Faculty upon the request of either.
Subdivision 10.53 Arbitration Hearings
All hearings before the arbitrator under this procedure shall be open
except if the parties mutually agree that the proceedings should be closed,
or the arbitrator orders the proceedings closed for cause.