Negotiations: Article 16, Grievance and Arbitration

AAUP-WSU wishes to change Article 16, Grievance and Arbitration. Our Negotiating Team submitted the proposal below to the administration on February 1. Current language proposed for deletion is shown in the strikethrough format, and proposed new language is shown in the red underlined format. For comparison, you may wish to view the entire current CBA and this article in particular.

For more about bargaining now under way toward a successor of our current Collective Bargaining Agreement (CBA), please see our Negotiations page. There, you will find rosters of our Bargaining Council and Negotiating Team, a table showing the status of each article (those in the current CBA and new ones, too), and also reports about each negotiating session.

For reports on negotiations regarding this article, click here (or scroll to the bottom of the table immediately below).

AAUP-WSU Proposal for Article 16, Grievance and Arbitration
16.1 The parties recognize and endorse the importance of establishing a prompt, fair and efficient mechanism for the orderly resolution of complaints and agree to make every effort to encourage the resolution of complaints before they become formal grievances. Prior toBefore initiating a formal grievance, the Grieving Party and the Department Chair appropriate administrator shall make a reasonable effort to meet and adjust the complaint in an informal manner. Any formal or informal resolution achieved must be consistent with the terms of this Agreement. The procedures set forth in this Article shall be the sole and exclusive method of disposing of grievances. 16.2 Definitions. 16.2.1 Grievance: A grievance is an alleged violation of a specific provision(s) of this Agreement. 16.2.2 If the AAUP-WSU files a grievance on behalf of a group, the outcome will apply equally to all applicable Members of the Bargaining Unit. 16.2.3 Grievant: A Grievant is a Member(s) of the Bargaining Unit Faculty Member or group of Bargaining Unit Faculty Members who has a grievance or the AAUP-WSU acting on behalf of Members of the Bargaining Unit. 16.2.4 In this article, references to “the Provost” refers to the Chief Academic Officer of the University or the individual authorized to act on behalf of the Provost to resolve grievances . References to “a A provost” refers generally to the Provost or any Assistant or Associate Provost. 16.2.5 Respond and File: The terms “respond” and “file,” as used in this Article, refer to personal delivery or deposit in the U.S. mail. The post mark date in the case of U.S. mail or calendar date of written receipt in the case of personal delivery shall begin the time period for filing or response. Notifications will be sent to the Grievant at the address that appears on the grievance form. Copies of all notifications will be sent to the AAUP-WSU and to the Provost. 16.2.6 Time Limits: Time limits referred to in this article as “days” shall be defined to be as Monday through Friday throughout the calendar year, exclusive ofding Saturdays and Sundays, formal holidays recognized by the University, and periods when the University is officially closed. 16.2.7 Basic Provisions: Except as specified in Sections 13.8 and 15.14, all applicable steps of the grievance procedure set forth in this Agreement will be pursued to completion before any application for arbitration will be made, unless the AAUP-WSU and the University enter into a written agreement to proceed directly to arbitration. 16.2.8 Unless extended by mutual consent, in writing, the time limits specified herein will be the maximum time allowed. If the University fails to comply with the time limits to respond, the Grievant may advance the grievance to the next step by sending a letter of notification to the administrator at the next step. Failure to advance the grievance shall render the grievance moot. 16.2.9 Provisions for grievances regarding promotion and tenure are described in Section 13.8. Provisions for initiating grievances regarding annual evaluation are described in Section 11.8. 16.3 Informal Complaint Procedure: The parties intend and agree that all disputes should be resolved informally, whenever possible, before the filing of a formal grievance, and the parties encourage open communications so that resorting to the formal grievance procedure will not be necessary. To this end, Bargaining Unit Faculty are encouraged to present a complaint to a chair, dean, or provost who the Grievant believes to be most likely able to resolve the complaint as soon as practical for the purposes of resolving the dispute. A discussion of the complaint between the Grievant and the administrator to whom the complaint is presented shall occur at a mutually agreeable time not later than five (5) days after the request for a discussion regarding the complaint. Unless otherwise agreed by both the Grievant and administrator to whom the grievance is presented, only the grievant and this administrator will be present at the meeting to discuss the complaint. However, a grieving party has the right to be advised or assisted by the AAUP-WSU in attempting to secure informal resolution, but such assistance is not required. Any settlement, withdrawal, or other disposition of a complaint at the informal stage shall not constitute a binding precedent in the settlement of complaints or grievances. 16.4 Grievance Step One: A Bargaining Unit Faculty Member(s) or the AAUP-WSU may file a grievance with the Dean (for grievances directed at the Department Chair) or the Provost (for grievances directed at the Dean, a provost, or the University) not later than forty (40) days after the event giving rise to the grievance or no later than forty (40) days after the Grievant knew or reasonably should have known of the event giving rise to the grievance. 16.4.1 The Grievant shall state clearly on the grievance form jointly developed by the University and the AAUP-WSU the nature of the grievance, the contractual provision(s) allegedly violated, the dates when the alleged act or omission giving rise to the grievance occurred, the remedy sought, and the Grievant’s preferred mailing address. , and be signed by tThe Grievant shall also sign the form. A and submit a copy of the form will be submitted to AAUP-WSU, the appropriate administrator and the Provost at the time of filing. If the Grievant is the AAUP-WSU, the grievance form shall so state and the grievance may be filed with a dean or the Provost, depending on the nature of the allegation. In the case of a grievance filed by the AAUP-WSU, the President or Designee of AAUP-WSU shall sign the grievance form and shall be the AAUPWSU’s representative. 16.4.2 The University shall inform AAUP-WSU shall be notified of any grievance meeting and AAUP-WSU has the right to be present at any grievance meeting. The Dean or Provost may also have a second person attend any grievance meeting. No attorney representing either party will attend any grievance meeting. 16.4.3 The Dean or the Provost shall hold a meeting with the Grievant and the AAUPWSU’s representative (if the AAUP elects to be present) at a mutually agreeable time and location within ten (10) days after the grievance was filed and shall then respond in writing to the Grievant and the AAUP-WSU no later than fifteen (15) days after the completion of the grievance meeting(s). If the Grievant or the AAUP-WSU does not accept the Step One answer , either may, within fifteen (15) days, file a Step Two grievance with the Provost. However, if the Step One grievance was filed with the Provost pursuant to 16.4 and the AAUP-WSU is not satisfied with the Step One answer, it shall have the sole right to submit the grievance to arbitration by an external arbitrator, within thirty (30) days after filing ofreceiving the Step One answer, in which case the Step Two procedure detailed in the following paragraph shall not apply. 16.5 Grievance Step Two: Upon receiving a Step Two grievance, the Provost/ shall hold a meeting with the Grievant and the AAUP-WSU’s representative (if the AAUP elects to be present) at a mutually agreeable time and location within ten (10) days after the Provost has received the grievance. The purpose of the aforementionedthis meeting is to discuss and attempt to resolve the grievance. The Provost/ shall respond in writing to the Grievant and the AAUP-WSU no later than fifteen (15) days after the completion of the grievance meeting(s). 16.6 Arbitration: If the AAUP-WSU is not satisfied with the Step Two answer, it shall have the sole right to submit the grievance to arbitration by an external arbitrator, within thirty (30) days after filing ofreceiving the Step Two answer. 16.6.1 If the AAUP-WSU appeals to elects to pursue external arbitration, representatives of the AAUP-WSU and of the Provost shall meet within ten (10) days to select an arbitrator. In the event the parties are unable to agree upon the selection of an arbitrator, the selection shall be made by askingparties shall ask either the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) to provide a panel of fifteen names. If the parties are unable to agree on which of the 15 nominees shall serve as an arbitrator, then the arbitrator will be chosen by each party alternately striking names. 16.6.2 The arbitrator’s decision shall be final and binding upon the Grievant(s), the AAUP-WSU, and the University and shall be rendered within thirty (30) days after the arbitration hearing record is closed. 16.6.3 The cost of the arbitration shall be borne equally by the University and the AAUPWSU except that costs related to the appearance of any witness shall be paid by the party whoich calls that witness. If a court reporter is requested and a transcript ordered by only one party, the court reporter’s attendance fee, and the cost of transcripts for that party and the arbitrator shall be borne by the requesting party. If both sides request a transcript, the court reporter’s fee and the cost of the transcripts shall be split equally between the parties. 16.6.4 Remedies. An external arbitrator hearing a grievance shall be bound by the following restrictions: 16.6.4.1 The arbitrator’s decision shall be limited to only the question or questions submitted for decision; 16.6.4.2 The arbitrator shall not substitute a judgment for that of the University where the University’s judgment and actions do not violate the written provisions of this Agreement; 16.6.4.3 The arbitrator shall have no authority to add to, subtract from, alter, change or modify any of the provisions of this Agreement; 16.6.4.4 The arbitrator shall not render any decision which would result in the violation of state or federal law; and 16.6.4.5 The arbitrator shall make no award that provides a Bargaining Unit Faculty Member compensation greater than would have resulted had there been no violation. 16.6.4.6 Grievances concerning promotion and tenure are discussed in Section 13.8. 16.7 A Member of the Bargaining Unit who participates in a grievance procedure will not be subject to disciplinary reprisal because of such participation. 16.8 To investigate and process a grievance, either party shall be provided access and the opportunity to inspect and/or copy any relevant information relevant to such grievance in possession of possessed by the other party. Such access will be provided within five (5) days after the delivery of a written request to the Provost or the AAUP-WSU President. However, the requesting party is not entitled to any information that is confidential under any applicable law. In addition, the requesting party is entitled to view information in its existing form only. 16.9 No changes can be made to a grievance form once it is filed under Section 16.4 except for the followingas follows: After completing Step Two and prior tobefore submitting a grievance to arbitration, the Grievant may change or add to the specific provision(s) of the Agreement allegedly violated. In such cases, the amended grievance will be resubmitted to the Provost, who no later than ten (10) days after receiving the amended grievance form shall reconfirm his or her original Step Two written response, offer an amended written response, or call another Step Two meeting in accordance with Section 16.5.

AAUP-WSU Proposal for Article 16, Grievance and Arbitration

16.1 The parties recognize and endorse the importance of establishing a prompt, fair and efficient mechanism for the orderly resolution of complaints and agree to make every effort to encourage the resolution of complaints before they become formal grievances. Prior toBefore initiating a formal grievance, the Grieving Party and the Department Chair appropriate administrator shall make a reasonable effort to meet and adjust the complaint in an informal manner. Any formal or informal resolution achieved must be consistent with the terms of this Agreement. The procedures set forth in this Article shall be the sole and exclusive method of disposing of grievances.

16.2 Definitions.

16.2.1 Grievance: A grievance is an alleged violation of a specific provision(s) of this Agreement.

16.2.2 If the AAUP-WSU files a grievance on behalf of a group, the outcome will apply equally to all applicable Members of the Bargaining Unit.

16.2.3 Grievant: A Grievant is a Member(s) of the Bargaining Unit Faculty Member or group of Bargaining Unit Faculty Members who has a grievance or the AAUP-WSU acting on behalf of Members of the Bargaining Unit.

16.2.4 In this article, references to “the Provost” refers to the Chief Academic Officer of the University or the individual authorized to act on behalf of the Provost to resolve grievances . References to “a A provost” refers generally to the Provost or any Assistant or Associate Provost.

16.2.5 Respond and File: The terms “respond” and “file,” as used in this Article, refer to personal delivery or deposit in the U.S. mail. The post mark date in the case of U.S. mail or calendar date of written receipt in the case of personal delivery shall begin the time period for filing or response. Notifications will be sent to the Grievant at the address that appears on the grievance form. Copies of all notifications will be sent to the AAUP-WSU and to the Provost.

16.2.6 Time Limits: Time limits referred to in this article as “days” shall be defined to be as Monday through Friday throughout the calendar year, exclusive ofding Saturdays and Sundays, formal holidays recognized by the University, and periods when the University is officially closed.

16.2.7 Basic Provisions: Except as specified in Sections 13.8 and 15.14, all applicable steps of the grievance procedure set forth in this Agreement will be pursued to completion before any application for arbitration will be made, unless the AAUP-WSU and the University enter into a written agreement to proceed directly to arbitration.

16.2.8 Unless extended by mutual consent, in writing, the time limits specified herein will be the maximum time allowed. If the University fails to comply with the time limits to respond, the Grievant may advance the grievance to the next step by sending a letter of notification to the administrator at the next step. Failure to advance the grievance shall render the grievance moot.

16.2.9 Provisions for grievances regarding promotion and tenure are described in Section 13.8. Provisions for initiating grievances regarding annual evaluation are described in Section 11.8.

16.3 Informal Complaint Procedure: The parties intend and agree that all disputes should be resolved informally, whenever possible, before the filing of a formal grievance, and the parties encourage open communications so that resorting to the formal grievance procedure will not be necessary. To this end, Bargaining Unit Faculty are encouraged to present a complaint to a chair, dean, or provost who the Grievant believes to be most likely able to resolve the complaint as soon as practical for the purposes of resolving the dispute. A discussion of the complaint between the Grievant and the administrator to whom the complaint is presented shall occur at a mutually agreeable time not later than five (5) days after the request for a discussion regarding the complaint. Unless otherwise agreed by both the Grievant and administrator to whom the grievance is presented, only the grievant and this administrator will be present at the meeting to discuss the complaint. However, a grieving party has the right to be advised or assisted by the AAUP-WSU in attempting to secure informal resolution, but such assistance is not required. Any settlement, withdrawal, or other disposition of a complaint at the informal stage shall not constitute a binding precedent in the settlement of complaints or grievances.

16.4 Grievance Step One: A Bargaining Unit Faculty Member(s) or the AAUP-WSU may file a grievance with the Dean (for grievances directed at the Department Chair) or the Provost (for grievances directed at the Dean, a provost, or the University) not later than forty (40) days after the event giving rise to the grievance or no later than forty (40) days after the Grievant knew or reasonably should have known of the event giving rise to the grievance.

16.4.1 The Grievant shall state clearly on the grievance form jointly developed by the University and the AAUP-WSU the nature of the grievance, the contractual provision(s) allegedly violated, the dates when the alleged act or omission giving rise to the grievance occurred, the remedy sought, and the Grievant’s preferred mailing address. , and be signed by tThe Grievant shall also sign the form. A and submit a copy of the form will be submitted to AAUP-WSU, the appropriate administrator and the Provost at the time of filing. If the Grievant is the AAUP-WSU, the grievance form shall so state and the grievance may be filed with a dean or the Provost, depending on the nature of the allegation. In the case of a grievance filed by the AAUP-WSU, the President or Designee of AAUP-WSU shall sign the grievance form and shall be the AAUPWSU’s representative.

16.4.2 The University shall inform AAUP-WSU shall be notified of any grievance meeting and AAUP-WSU has the right to be present at any grievance meeting. The Dean or Provost may also have a second person attend any grievance meeting. No attorney representing either party will attend any grievance meeting.

16.4.3 The Dean or the Provost shall hold a meeting with the Grievant and the AAUPWSU’s representative (if the AAUP elects to be present) at a mutually agreeable time and location within ten (10) days after the grievance was filed and shall then respond in writing to the Grievant and the AAUP-WSU no later than fifteen (15) days after the completion of the grievance meeting(s). If the Grievant or the AAUP-WSU does not accept the Step One answer , either may, within fifteen (15) days, file a Step Two grievance with the Provost. However, if the Step One grievance was filed with the Provost pursuant to 16.4 and the AAUP-WSU is not satisfied with the Step One answer, it shall have the sole right to submit the grievance to arbitration by an external arbitrator, within thirty (30) days after filing ofreceiving the Step One answer, in which case the Step Two procedure detailed in the following paragraph shall not apply.

16.5 Grievance Step Two: Upon receiving a Step Two grievance, the Provost/ shall hold a meeting with the Grievant and the AAUP-WSU’s representative (if the AAUP elects to be present) at a mutually agreeable time and location within ten (10) days after the Provost has received the grievance. The purpose of the aforementionedthis meeting is to discuss and attempt to resolve the grievance. The Provost/ shall respond in writing to the Grievant and the AAUP-WSU no later than fifteen (15) days after the completion of the grievance meeting(s).

16.6 Arbitration: If the AAUP-WSU is not satisfied with the Step Two answer, it shall have the sole right to submit the grievance to arbitration by an external arbitrator, within thirty (30) days after filing ofreceiving the Step Two answer.

16.6.1 If the AAUP-WSU appeals to elects to pursue external arbitration, representatives of the AAUP-WSU and of the Provost shall meet within ten (10) days to select an arbitrator. In the event the parties are unable to agree upon the selection of an arbitrator, the selection shall be made by askingparties shall ask either the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) to provide a panel of fifteen names. If the parties are unable to agree on which of the 15 nominees shall serve as an arbitrator, then the arbitrator will be chosen by each party alternately striking names.

16.6.2 The arbitrator’s decision shall be final and binding upon the Grievant(s), the AAUP-WSU, and the University and shall be rendered within thirty (30) days after the arbitration hearing record is closed.

16.6.3 The cost of the arbitration shall be borne equally by the University and the AAUPWSU except that costs related to the appearance of any witness shall be paid by the party whoich calls that witness. If a court reporter is requested and a transcript ordered by only one party, the court reporter’s attendance fee, and the cost of transcripts for that party and the arbitrator shall be borne by the requesting party. If both sides request a transcript, the court reporter’s fee and the cost of the transcripts shall be split equally between the parties.

16.6.4 Remedies. An external arbitrator hearing a grievance shall be bound by the following restrictions:

16.6.4.1 The arbitrator’s decision shall be limited to only the question or questions submitted for decision; 16.6.4.2 The arbitrator shall not substitute a judgment for that of the University where the University’s judgment and actions do not violate the written provisions of this Agreement;

16.6.4.3 The arbitrator shall have no authority to add to, subtract from, alter, change or modify any of the provisions of this Agreement;

16.6.4.4 The arbitrator shall not render any decision which would result in the violation of state or federal law; and

16.6.4.5 The arbitrator shall make no award that provides a Bargaining Unit Faculty Member compensation greater than would have resulted had there been no violation.

16.6.4.6 Grievances concerning promotion and tenure are discussed in Section 13.8.

16.7 A Member of the Bargaining Unit who participates in a grievance procedure will not be subject to disciplinary reprisal because of such participation.

16.8 To investigate and process a grievance, either party shall be provided access and the opportunity to inspect and/or copy any relevant information relevant to such grievance in possession of possessed by the other party. Such access will be provided within five (5) days after the delivery of a written request to the Provost or the AAUP-WSU President. However, the requesting party is not entitled to any information that is confidential under any applicable law. In addition, the requesting party is entitled to view information in its existing form only.

16.9 No changes can be made to a grievance form once it is filed under Section 16.4 except for the followingas follows: After completing Step Two and prior tobefore submitting a grievance to arbitration, the Grievant may change or add to the specific provision(s) of the Agreement allegedly violated. In such cases, the amended grievance will be resubmitted to the Provost, who no later than ten (10) days after receiving the amended grievance form shall reconfirm his or her original Step Two written response, offer an amended written response, or call another Step Two meeting in accordance with Section 16.5.

Reports on Negotiations about Article 16, Grievance and Arbitration

Friday, March 21

The two negotiating teams began discussions above the AAUP-WSU proposals above at this, the March 21 bargaining session. For section 16.1, they seemed to agree upon the following

16.1 The parties recognize and endorse the importance of establishing a prompt, fair and efficient mechanism for the orderly resolution of complaints and agree to make every effort to encourage the informal resolution of complaints before they become formal grievances. ~~Prior to initiating a formal grievance, the Grieving Party and the Department Chair shall make a reasonable effort to meet and adjust the complaint in an informal manner.~~ Any formal or informal resolution achieved must be consistent with the terms of this Agreement. The procedures set forth in this Article shall be the sole and exclusive method of disposing of grievances.

The administration did not object to any of the other changes we had proposed.

The parties noted that they would have to confirm or correct the cross references found in section 16.2.9. With this technical exception, bargaining over article 16 seems to be complete.

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