NEW SCHOOL SHENS GRIEVANCES
Grievances (Article XXXIII: Dispute, Grievance and Arbitration Procedure)
A. A grievance within the meaning of this Agreement shall be any dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. A prompt and efficient method of settling disputes, as herein defined, is both desirable and necessary. Moreover, notwithstanding the availability of the formal procedures of this Article, it is agreed an informal resolution of any dispute is desirable. B. An aggrieved SHS professional staff member or the Union shall present a grievance within twenty (20) days of its occurrence or discovery. SHS professional staff may be accompanied by a Union representative at any step of the grievance procedure. Furthermore, SHS professional staff may be accompanied by a Union representative at any investigatory interview which the SHS professional staff reasonably believes may result in disciplinary action. C. The following steps shall be followed in the processing of disputes/grievances: 1. Step 1. The SHS professional staff shall informally discuss the dispute with their direct supervisor within twenty (20) days of its occurrence or discovery. In the event an individual SHS professional staff and the University settle a dispute without the written and express agreement of the Union, it will not create a precedent for the interpretation or application of this Agreement. 2. If the dispute/grievance is not adjusted satisfactorily within ten (10) days thereafter, the grievance may proceed to Step 2. Furthermore, while SHS professional staff and administration are encouraged to resolve disputes at Step 1, the SHS professional staff or Union may initiate a grievance at Step 2 provided it is so initiated within the twenty (20) days specified above. 3. Step 2. Disputes/grievances that proceed to Step 2 must be reduced to writing and sent to the SHS Department Head or their designee within ten (I0) days of the Step I response. The Dispute/Grievance must specify the nature of the grievance, the provision(s) of this Agreement at issue and the relief requested. The SHS Department Head or their designee shall meet with the grievant and the Union within ten (10) days of receipt of the written grievance. The SHS Department Head shall respond to the Union in writing within ten (10) days of the meeting. 4. Step 3. A grievance not resolved at Step 2 may be appealed in writing within ten (10) days of the conclusion of Step 2 to the University 's Grievance Committee, which shall consist of the University's Vice President of Human Resources, Provost and General Counsel or their respective designees, addressed to the Provost at their offices and copied to the Senior Vice President for Human Resources and Labor Relations. The Grievance Committee shall meet with the grievant and the Union to discuss the grievance within ten (10) days of receipt of the written appeal. The Grievance Committee is not precluded from inviting other Employer representatives who are relevant to the grievance. The Grievance Committee shall respond to the Union in writing within ten (I0) days of the meeting. D. A grievance by the University will initiate at Step 3. A grievance by the University shall be in writing, addressed to the Union at its offices, commenced within twenty (20) days of its occurrence or discovery, and shall specify the nature of the grievance, the provision(s) of this Agreement at issue and the relief requested. The Union shall respond in writing within ten (10) days of its receipt and shall send a copy of its response to the Office of the General Counsel. E. Any dispute filed by the Union on behalf of two or more SHS professional staff members or involving the disciplinary suspension or discharge of a SHS professional staff member or a grievance against a Student Success Management, may be initiated at Step 3. Additionally, as to any other dispute, the parties may proceed initially at Step 3 if by mutual agreement, in writing. |