Section 1 General. A grievance is an allegation that a misinterpretation or misapplication of the specific terms of this Agreement has occurred. The procedure for submission of formal grievances shall be as outlined in other sections of this Article.
Section 2 Grievances filed in a timely manner shall be processed according to the following procedure:
- The complaint shall be first discussed orally between the employee and the immediate supervisor. If the complaint is not satisfactorily resolved, it must be submitted in writing to the Department Head or his designated representative within twenty (20) working days of the time the grievant knows or by reasonable diligence should have known of such violation.
- If requested by the employee, a meeting will be held between the employee, Union representative and the Department Head or his/her designated representative within ten (10) working days. The Department Head or his/her designated representative shall advise the employee and the Union in writing of its decision within five (5) working days after the meeting or within fifteen (15) working days from the date of receiving the grievance.
Section 3 If the grievance is not resolved at the Department Head level, within ten (10) working days of the Department Head response or date the response was due, the employee or the Union on behalf of the employee may file the grievance with the President or designated representative for response from the Institution. The President or designated representative shall respond within fifteen (15) calendar days.
Section 4 If the grievance is not resolved at the Institution level, within ten (10) working days of the President response or date the response was due, the employee or the Union on behalf of the employee may file the grievance with the OUS for response from the OUS. The OUS shall respond within fifteen (15) calendar days.
Section 5 If the grievance is not satisfactorily resolved by the OUS, the Union may advise the OUS within five (5) calendar days of the receipt of the OUS’s response that it requests arbitration of the grievance.
Section 6 A prearbitration meeting will be held by the parties to attempt to formulate a submission agreement to be forwarded to the arbitrator.
Section 7 Disputes arising from reduction in pay, dismissal, suspension or demotion of a regular status employee may be appealed to the Institution President step of the grievance procedure within ten (10) working days from the effective date of the action. The President or designee shall respond in writing in accordance with the appropriate time limits in Section 2(b) of the grievance procedure. If the grievance is not resolved at the Institution President step, the Union may appeal the action to the OUS in accordance with Section 4 and on to arbitration if unresolved in accordance with Section 5.
Section 8 Mediation. Subsequent to a timely request for arbitration and prior to the selection of an arbitrator, either the OUS or the Union may request mediation of the grievance. If both parties agree to mediation, it will be scheduled and conducted by the Conciliation Service Division of the Employment Relations Board. Mediation is not a mandatory step of the grievance procedure. A party's unwillingness to participate in mediation, or the particular matters discussed in mediation other than the facts of the case, shall not be admissible in any subsequent arbitration hearing.
Section 9 Selection of the Arbitrator
Upon referral of a case to arbitration the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) possible arbitrators with business addresses in Oregon or Washington. If the parties are unable to select a mutually acceptable arbitrator from such panel by any other means, they shall do so by alternately striking and the remaining name shall be the arbitrator. The order of striking shall be determined by a coin flip.
Section 10 The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby. The arbitrator shall have no authority to add to, subtract from, or change any of the terms of this Agreement, to change an existing wage rate or establish a new wage rate.
Section 11 The arbitrator fee shall be borne equally by the parties.
Section 12 As specified in the Institution grievance procedure, grievances shall be reduced to writing. The Union shall not expand upon the original elements and substance of the written grievance.
Section 13 Time limits specified in this procedure must be observed, unless either party requests a specific extension of time which, if agreed to, must be stipulated in writing and shall become part of the grievance