UDMPU Grievance Process

Purpose of the Grievance Officer/Committee/Procedure: The UDMPU is committed to enforcing the terms of the Collective Bargaining Agreement (i.e., the Contract) between the faculty and the UDM administration. If a faculty member thinks that the UDM has violated and/or is violating the Agreement s/he should call the Grievance Officer as soon as possible for assistance. Bear in mind that the recourse available through the grievance procedure – established in Article VIII, pp. 37-39 – applies only to matters that are covered by the Agreement. A faculty member may be unhappy about a variety of things, but the Union can assist only with those matters that are covered by the Agreement. A member of the bargaining unit may not file a grievance against another member. Departmental Chairs are members of the Union and, as such, may avail themselves of the grievance process but are not subject to it. A faculty member with a complaint about his or her Chair should seek assistance from the appropriate Dean.

All discussions concerning a potential grievance, and the grievance itself, should one be filed, are considered confidential. The Union keeps written records in a secure place. Faculty members are protected by the Agreement from retaliatory action after filing a grievance.

What To Do If You Have, Or Think You May Have, a Problem:

· Read the Agreement to see what it requires concerning the particular issue. Make a copy of the relevant section(s). If the Agreement is moot on an issue, it is probably not grievable.

· Call the Grievance Officer or, if you prefer, one of the other two members of the Grievance Committee and/or your College representative/s on the UDMPU Board.

· Gather all the documentation you might need to make your case. This may include notes from meetings, letters, emails, personnel file materials, pay stubs, etc. Note that you have the right to see and/or copy materials from your personnel file, exclusive of materials pertaining to tenure and promotion decisions.

· Be prepared to seek redress, with the Union’s assistance, through informal discussion. If we cannot resolve the issue informally, the formal grievance procedure may be initiated at your request and upon the recommendation of the Grievance Committee or by the UDMPU as the grievant. You also have the right to file a grievance on your own behalf.

· Be patient. The grievance process, once initiated, includes a clear timetable. Each side, at each stage of the process, has a certain number of business days to respond (see reverse). The process, although not plodding, is deliberate, and necessarily includes periods of waiting. Once the Union files a grievance, we advance it as quickly as the Agreement allows.

Grievance Committee AY 2004-05:

Stephen Manning (UDMPU Grievance Officer), Political Science, Briggs 235, X3-1087 mannings@udmercy.edu;

Mike Canjar (UDMPU President), Mathematics & Computer Science, X3-1209; canjarrm@udmercy.edu

Larry Zeff (UDMPU Vice President & Contract Maintenance Officer), Business Administration, Commerce & Finance 206, X3-1197, zeffl@udmercy.edu.

Grievance Timetable: (Article 8.3ff, pp. 38ff)

“The parties intend and agree that all disputes should be resolved, whenever possible, before the filing of a formal grievance and the parties encourage open communication between the Employer and its employees so that resort to the formal grievance procedure will not be necessary.”

Initiation: UDMPU serves written notice on the UDM AVP w/in 40 business days after the occurrence or after the employee knew or through the exercise of reasonable diligence should have known of the occurrence

Step One meeting: completed w/in 7 business days after filing

UDM written answer: w/in 10 business days after Step One meeting

If the UDMPU or grievant is not satisfied ---

Appeal to Step Two: UDMPU files written Notice of Appeal w/ AVP w/in 10 business days after filing of Step One answer

Step Two hearing: completed w/in 10 business days after receipt of Notice of Appeal

UDM written answer: w/in 10 business days after Step Two hearing

If UDMPU is not satisfied ---

UDMPU appeal to arbitration:

w/in 30 business days of filing of Step Two answer

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Last Revision: Tuesday 7 September, 2004