University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

810.000 Grievance Procedure

The content of this page applies to UEA employees on the University of Minnesota, Crookston campus.


811.000 Dispute Resolution.

The following shall be the grievance procedure for all grievances pertaining to Crookston faculty only.

The Association and the Employer agree that they will use their best efforts to encourage the informal and prompt resolution of any dispute which may arise concerning application of this Agreement or of University policies. In the event that a dispute arises between the Employer and the Association or a group of Members or Member and the dispute cannot be resolved informally, the grievance procedure described herein shall apply, except as otherwise provided by this Agreement.

811.100 Definitions.

811.110 Grievance.

A "grievance" means a charge by a grievant that there has been a breach or improper application of a specific term(s) of this Agreement or University policies.

811.120 Grievant.

"Grievant" means the Association, or a Member who presents a grievance to the Employer in accordance with the terms of this section.

811.130 Day.

"Day" means a calendar day other than one which has been designated an official holiday at the University of Minnesota.

811.170 Service.

"Service" means mailing by first class or certified mail or delivering in person to the appropriate individual at h/her University office. The date of service by mail shall be established by postmark. Date of receipt shall serve to initiate the counting of days for each stage in the formal grievance procedure.

811.200 Grievance Procedure

811.210 Representation.

A designee of the Association may be present with any grievant while attempts are being made to resolve disputes concerning the application of this Agreement or University policies. The Association shall represent the grievant at Steps One through Four of the formal stages of this Grievance Procedure.

811.220 Grievance Forms.

All grievances at Steps One through Three of this Grievance Procedure shall be submitted in writing on the grievance form and shall be signed by a duly authorized designee of the Association. On the grievance form the grievant shall set forth a concise statement of facts which give rise to the grievance, shall specify the grounds for the grievance, specific contract section(s) or University policy(-ies) violated, and shall state the specific relief requested.

811.230 Disciplinary Grievances.

Any grievance filed because of disciplinary action being imposed shall be initiated at Step Two.

811.300 Formal Resolution.

At each step of the grievance process, the management representative identified in the following paragraphs may identify a management designee to accept, hear and provide a formal response to the grievance

811.310 Step One.

The Association may submit the grievance to the Department Head by serving a signed, completed grievance form upon the Department Head within thirty days from the date which the grievant, through the use of reasonable diligence, had or should have had knowledge of the events which give rise to the grievance. Within fifteen days of the Department Head receiving the grievance form, the grievant and a representative of the Association or a representative of the Association shall meet with the Department Head and shall attempt to resolve the grievance. The Department Head shall then respond to the grievant in writing within fifteen days of the meeting and shall serve h/her response upon the Association.

811.320 Step Two.

If the grievance is not resolved after the formal meeting with the Department Head, the Association may submit the grievance form upon the Crookston Chancellor within fifteen days after the receipt of the Step One response. Within fifteen days of the Chancellor's receiving the grievance form, the grievant and a representative of the Association or a representative of the Association shall meet with the Chancellor and shall attempt to resolve the grievance. The Chancellor shall respond to the grievant in writing within fifteen days of the meeting and shall serve h/her response upon the Association.

811.330 Step Three.

If the grievance is not resolved after the Chancellor has served h/her response upon the Association, the Association may seek review of the Chancellor's action by serving the grievance form and the Chancellor's response upon the Senior Vice President for System Academic Affairs within ten days after the receipt of the Step Two response. Within fifteen days of receiving the grievance form and the Chancellor's response, the grievant and the representative of the Association or a representative of the Association shall meet with the Senior Vice President for System Academic Affairs and shall attempt to resolve the grievance. The Senior Vice President for System Academic Affairs shall then respond to the grievant in writing within fifteen days of the meeting and shall serve h/her response upon the Association.

811.340 Step Four - Arbitration.

 

In the event a grievance is not satisfactorily resolved after the Senior Vice President for System Academic Affairs has served a response, the Association may submit a request for arbitration of the grievance by serving a written notice to that effect on the Director of Employee Relations and Compensation in the Office of Human Resources within twenty days after receipt of the Step Three response.

No more than ten days after receipt of the request for arbitration, the Association shall request the Director of the Bureau of Mediation Services to submit a list of arbitrators. The Employer and the Association shall alternately strike one (1) name at a time, Employer striking first, from the list until there is only one (1) name remaining. The remaining name shall be the sole arbitrator. The selection of a sole arbitrator shall be completed no later than ten days after receipt of the list.

The Employer and the Association shall each be responsible for one-half (1/2) of the arbitrator's fee. 

 

811.342 Arbitrators' Decision Deadline.

The arbitrator shall hold a hearing promptly and shall issue a decision no later than twenty days from the date of the close of the hearing. The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding upon the grievant, the Employer and the Association.

811.400 Private Hearings.

All meetings and hearings conducted pursuant to this Grievance Procedure shall be private and shall include only the interested parties, their designated representatives, and any witnesses called relative to the proceedings.

811.410 Effect of Time Limits.

By mutual agreement, the grievant and the Department Head or the Association and the Department Head, the Crookston Chancellor or the Senior Vice President for System Academic Affairs may waive any step or extend any time limit established by this section. However, if there is no waiver and if the grievant or the Association fails to adhere to a time limit established by this section, the grievance shall be deemed resolved at the prior step. If the Department Head, the Crookston Chancellor or the Senior Vice President for System Academic Affairs fails to adhere to a time limit established by this section, the Association may proceed to the next step.

811.420 Withdrawal of Grievances.

The grievant or the Association may withdraw or reduce the scope of the grievance at any point in the grievance process.

811.440 Joint Grievances.

 

The Employer and the Association may agree that identical or similar grievances may be handled jointly at any or all steps of this Grievance Procedure.

No such agreement shall be effective unless it is in writing and signed by an authorized representative of the Employer and by an authorized representative of the Association.

 

811.500 Rights and Responsibilities of the Grievant, Employer and Association.

811.510 No Reprisals.

No reprisals shall be taken by the University against any participant in the grievance procedure by reason of such participation.

811.520 Personnel Files.

Except for the decision resulting from arbitration or settlement, all documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the Members.

811.600 Altering Grievance Procedure

811.610 By Association.

If an administrative action affects Members in more than one (1) department or school, the Association shall have the right to file a grievance at the Step appropriate to the allegation or complaint being grieved. In all such cases the grievance shall be filed within twenty days following the act or omission giving rise to the grievance or the date on which the Association reasonably should have known of such act or omission, if that date is later, and the Association shall utilize the grievance form referred to in Step One. A grievance so presented shall be answered in writing within ten days of receipt of the grievance. In the event satisfactory resolution is not achieved by this action, the time limits and forwarding procedures set forth in this section shall be applicable.

811.620 By Agreement

By mutual agreement between the Chancellor and the Association, any of the Steps set forth above can be passed over. Any such mutual agreement shall be confirmed in writing.