VI – GRIEVANCE PROCEDURE
A. A grievance is defined as a claimed violation of any provision of this Agreement or of any Rutgers policy relating to mandatorily negotiable wages, hours or terms and conditions of a bargaining unit member’s Winter/Summer Session employment which has been filed pursuant to this Article. The procedure set forth herein is the sole and exclusive right and remedy for any and all claims that could be brought under this grievance procedure.
B. All grievances must specifically cite which provision of this Agreement and/or Rutgers policy is alleged to have been violated; must set forth who is alleged to have committed the violation; and must be set forth when and where the alleged violation occurred.
C. A grievance may be resolved by the Union and the University at any time. Resolution of a grievance shall be pursued through the Office of Academic Labor Relations in consultation with the Office of Winter/Summer Sessions that has made the appointment of the bargaining unit member.
D. Grievances shall be filed with the Office of Academic Labor Relations within thirty (30) working days after the occurrence of the event which gave rise to the grievance, or within thirty (30) working days after the grievant knew, or should have known, of the occurrence of the event, but in no case beyond two (2) months after the event occurred.
E. A grievance shall be handled in the following manner:
E. 1. STEP ONE Grievances will be forwarded by the Office of Academic Labor Relations to the Director of the Office of Winter/Summer Sessions which has made the appointment. The Director of the Office of Winter/Summer Sessions, or his/her designee(s) (Director or designee), may conduct such investigation as he or she may require in order to render a written response, including meeting(s) with the grievant and Union Representative, as well as other individuals who are determined by the Director or designee to be concerned in or to have knowledge of the matter. Such a meeting, if held, shall be within ten (10) working days after filing the grievance. The Director or designee will provide a written decision within ten (10) working days after the meeting, or within fifteen (15) working days after the filing of the grievance if there is no meeting, providing a copy to the Union and the Office of Academic Labor Relations.
E. 2. STEP TWO If the grievant or Union is not satisfied with the Step One decision, the grievant or Union may within ten (10) working days after receipt of the Step One decision, file an appeal with the Office of Academic Labor Relations, setting forth specifically what portion(s) of the Step One decision is (are) being appealed. The Executive Vice President for Academic Affairs or his/her designee(s) Winter and Summer Instructors unit 9 (EVPAA or designee) may hold a meeting with the grievant, Union representatives and other individuals who are determined by the EVPAA or designee to be concerned in or to have knowledge of the matter, which meeting shall be within ten (10) working days after filing of the appeal. The EVPAA or designee will provide a written decision within ten (10) working days after the meeting, or within twenty (20) working days after the filing of the appeal to Step Two if there is no meeting, providing a copy to the appropriate Office of Winter/Summer Sessions, the Union and the Office of Academic Labor Relations.
E. 3. STEP THREE If the Union is not satisfied with the Step Two decision, the Union, within ten (10) working days of receipt of that answer, may submit the grievance to arbitration in accordance with paragraph E.3.a. below, except that alleged violations of Article X (Health and Safety) may not be submitted to arbitration unless the alleged violation of Article X constitutes a “class action” grievance as defined in Article X in which case the grievance may be submitted to advisory arbitration.
E. 3. a. If the Union submits a grievance to arbitration, the Union will submit to the Office of Academic Labor Relations a copy of its submission. The arbitrator will be chosen jointly from a panel to be provided by the Public Employment Relations Commission (PERC) in accordance with the rules and procedures of PERC. Arbitration shall be advisory in all cases except that grievances alleging a violation of Article VIII (Salary Provisions) shall be submitted to arbitration that is binding.
E. 3. b. The appointed arbitrator will submit, within thirty (30) calendar days of the close of the hearing, a written decision. In the case of grievances concerning alleged violations of Article VIII (Salary Provisions), the arbitrator’s decision shall be binding upon the University and the Union, to the extent permitted by and in accordance with applicable laws and this Agreement. In the case of all other grievances, the arbitrator’s decision shall be advisory.
E. 3. c. No arbitrator functioning under the provisions of this grievance procedure shall have the authority to amend, modify, or delete any provision of this Agreement.
E. 3. d. Costs and expenses incurred by each party will be paid by the party incurring such costs except that the fees of the arbitrator and PERC will be divided equally between the parties.
F. “Working days” as used in the Article shall mean all days on which the University offices are officially open for business. The time limits above may be extended by mutual agreement of the parties.
G. Any written decision or written answer to a grievance made at Step One or Step Two which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing, shall be considered final. If Rutgers should exceed the time limits in replying to any grievance at Step One or Step Two in the grievance procedure, the grievance may be advanced to the next step within the time limitations for advancing a grievance as set forth above.