Grievance and Arbitration Procedures
Our contract clearly defines the process and procedure of filing a grievance. You can review the article here: Grievance Procedure.
Section 1: Definition of a Grievance
- a. A grievance is any difference which arises between the University and the Union or any Employee covered by this Agreement regarding the meaning or application of a provision of this Agreement. A grievance may also cover more than one Employee in cases where more than one Employee alleges a common violation of the contract has occurred. The following procedure shall be the sole and exclusive means for resolving grievances.
- b. In the event that the Union has a grievance, it shall begin at Step Three of the grievance procedure, provided the written complaint is received by the Director of Labor Relations or designee within thirty (30) calendar days of the date the Union knew, or reasonably should have known, of the facts giving rise to the complaint. Such a grievance shall be submitted by the Union President, or designee, on behalf of the Union or on behalf of more than one Employee involving a common fact situation and the same provision(s) of the Agreement.
- c. Grievances concerning discharge, disciplinary layoff, alleged sexual harassment or alleged discrimination will begin at Step 3.
Section 2: Representation
- d. A Union Representative may represent an aggrieved Employee at any point in the process outlined below.
Section 3: Information
- e. Upon written request from the Union, the Employer shall provide relevant information which is necessary to properly process a grievance.
Section 4: Procedure
- STEP ONE
f. Within twenty-one (21) calendar days of the date on which grievant knew or reasonably should have known of the facts giving rise to the grievance, the grievant shall discuss the grievance with their immediate supervisor.
g. At the option of the grievant, the grievance may begin at a level above the supervisor involved if the grievance alleges discrimination by such supervisor. The Union has a right to be present at any grievance meeting; however, the Employee may elect to participate in the Step 1 grievance meeting without union representation if they so choose. Any resolution reached in a Step 1 grievance meeting must comport with the terms of this Agreement.
h. The supervisor shall reply orally to the grievant within seven (7) calendar days from the date of the discussion. - STEP TWO
i. If not satisfied with the oral answer, the grievant may appeal in writing to the Department Chair within twenty-one (21) calendar days following receipt of the answer at Step 1. If no answer is received at Step 1 within the time limit of seven (7) calendar days from the date of discussion, the union may construe the lack of response by the Employer as a denial of the grievance, and the grievant may appeal within twenty-one (21) calendar days after the due date. The written grievance will be presented on a grievance form, and shall clearly state the basis of the grievance, the specific contract provision(s) alleged to have been violated, and the proposed remedy. The Department Chair, or their designee, shall schedule a review meeting with the grievant and their union representative, if the grievant so chooses, and hear oral presentation of the grievance within fourteen (14) calendar days of receipt of the written grievance.
j. The Department Chair, or designee, shall provide the Employee with a written response to the grievance within fourteen (14) calendar days of the review meeting. - STEP THREE
k. If the grievant is not satisfied with the Step 2 answer, the grievant may submit a written appeal, using the grievance form, to the Michigan Medicine Director of Labor Relations, or designee within fourteen (14) calendar days after receipt of the Step 2 answer. If no Step 2 answer is received within fourteen (14) calendar days of the review meeting, the Union may construe the lack of response by the Employer as a denial of the grievance, and the grievant may submit an appeal to the Michigan Medicine Director of Labor Relations within fourteen (14) calendar days of the due date.
l. The Director of Labor Relations, or designee, shall schedule a Step 3 meeting with the grievant and his or her union representative, within fourteen (14) calendar days of receipt of the written grievance. The University shall issue a written response to the grievance within fourteen (14) calendar days of the date of the review meeting. - STEP FOUR
M. A grievance which is not resolved at Step 3 may be submitted to arbitration. The Union may timely submit a grievance to arbitration any time within thirty (30) calendar days after receipt by the Union of the University’s written Step 3 response. In order to submit a grievance to arbitration, the Union shall file a written notice of intent to arbitrate with the Director of Labor Relations. If no such notice is given within the prescribed time limit, the grievance shall not be arbitrable.
N. The Union and the University shall agree on a panel of Arbitrators. If an appointed Arbitrator(s) is unable or unwilling to continue this appointment, the rotating schedule shall be sequentially adjusted in order that all arbitrations are assigned to the remaining arbitrators. Upon ratification of this Agreement, the panel of Arbitrators shall be as follows: 1. Barry Goldman 2. John Obee 3. Doyle O’Connor 4. Mark Glazer 5. Deborah M. Brodsky.
O. Either the Employer or the Union, or both, shall notify the arbitrator of their appointment, and upon their acceptance shall forward to the arbitrator a copy of the grievance, the Employer's answer at Step 3, the Union’s notice of intent to arbitrate as provided in Step 4, and a copy of this Agreement. The party sending this communication to the arbitrator shall also send a copy (except a copy of this Agreement) to the other party. Upon receipt of this communication, the parties shall attempt to schedule a mutually acceptable date and time for the hearing, but in the event mutual agreement cannot be reached, the arbitrator shall fix the time for hearing the issue or issues submitted for decision.
P. At the time of the arbitration hearing both the Employer and the Union shall have the right to examine and cross-examine witnesses.
Q. Upon the request of either the Employer or the Union, or both, a transcript of the hearing shall be made and furnished to the arbitrator. The party requesting the transcript shall bear the full cost of the arbitrator's copy, unless it is mutually requested. In such a case, the cost shall be shared equally. The arbitrator may also have a transcript made of the hearing, with the Employer and the Union having an opportunity to purchase their own copy.
R. At the close of the hearing, the arbitrator shall afford the Employer and the Union reasonable opportunity to furnish briefs, unless the parties and arbitrator agree to have the matter decided on the testimony and/or oral argument.
S. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance (as defined in this Article), submitted to them consistent with this Agreement and considered by them in accordance with this Agreement.
T. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of the Agreement.
U. Any claim for back pay which is the result of improper time recording, calculation of pay, step or salary schedule placement shall be limited to a maximum of twelve (12) months immediately prior to the date the Step 1 grievance was initiated pursuant to this Article.
V. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Union shall be paid by the party producing the witness or having the representative.
W. It is expected that the arbitrator shall render a written decision within thirty (30) calendar days of the hearing, or otherwise as soon as possible.
X. The arbitrator's decision, when made in accordance with their jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Union, and the Employee or Employees involved.
Section 5: Time Limits
- y. The time limits set forth in this Article may be extended only by mutual agreement of the parties. Whenever time limits are used in this Article, actual electronic email transmission timestamp or a postmark, if mailed, will control.
Section 6: WITHDRAWAL OF GRIEVANCES
- z. The Union may withdraw any single or multiple grievance at any step of the Grievance Procedure by notifying the Employer in writing.
Section 7: RELEASE TIME FOR PARTIES
- aa. Grievants and their union representatives will participate in the grievance process outlined above on paid working time. In the event a grievance is scheduled for arbitration, the grievant, if still employed by the Employer, and not suspended, will be released to attend the arbitration hearing, without a loss of pay, if the grievant's attendance at the hearing takes place during scheduled work hours. Similarly, upon two (2) weeks' advance notice, any bargaining unit members who are called as witnesses at an arbitration hearing will be released, without loss of pay, to testify, if the hearing takes place during their scheduled work hours, but only for the period of time required for their testimony, including any travel time required. The parties will cooperate in minimizing the hearing's interference with the Employer's operations.
Section 8: TITLE IX MISCONDUCT CASES
- bb. The parties agree that in matters involving a Title IX Misconduct complaint involving an Employee, the Employer's procedures will conform to the relevant Title IX statute and regulations.
Arbitration
If no resolution is approved by the Executive Board, it may be appealed by the Union to arbitration at any time within 30 calendar days after receiving the Step 3 response.
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