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

800.000 Grievance Procedure

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


801.000 Dispute Resolution.

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.

801.100 Definitions

801.110 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.

801.120 Grievant.

"Grievant" means the Association, or a Member who presents a grievance to the Employer in accordance with the terms of this Section 800.000.

801.130 Day.

"Day" means a calendar day other than one which has been designated an official holiday at the University of Minnesota. Event(s) which give rise to a grievance while the grievant is off campus can be deemed by the grievant to have occurred the first day the grievant returns to duty on the campus.

801.150 President.

"President" means the President of the University of Minnesota or h/her designee.

801.160 Chancellor.

"Chancellor" means the Chancellor of UMD or h/her designee.

801.170 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.

801.200 Grievance Procedure

801.210 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.

801.220 Grievance Forms.

All grievances at Steps One through Three of this Grievance Procedure shall be submitted in writing on the grievance form currently in use 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 and shall state the specific relief requested.

801.300 Formal Resolution

801.310 Step One.

The Association may submit the grievance to the Principal Administrator by serving a signed, completed grievance form upon the Principal Administrator 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 Principal Administrator's receiving the grievance form, the grievant and a representative of the Association or a representative of the Association shall meet with the Principal Administrator and shall attempt to resolve the grievance. The meeting shall be held in the office of the appropriate Principal Administrator or at a place designated pursuant to an agreement between the Association and the appropriate Principal Administrator. The Principal Administrator shall then respond to the grievant in writing within fifteen days of the meeting and shall serve h/her response upon the Association.

801.320 Step Two.

If the grievance is not resolved after the formal meeting with the Principal Administrator, the Association may submit the grievance form upon the Chancellor or h/her designee 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 meeting shall be held in the office of the Chancellor or at a place designated pursuant to an agreement between the Association and the Chancellor. The Chancellor shall respond to the grievant in writing within fifteen days of the meeting and shall serve h/her response upon the Association.

801.330 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 President within ten days after the receipt of the Step Two response. Within fifteen days of the President's 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 President or h/her designee and shall attempt to resolve the grievance. The meeting shall be held in the Regents' Room at UMD, or at a place designated pursuant to an agreement between the Association and the President. The President shall then respond to the grievant in writing within fifteen days of the meeting and shall serve h/her response upon the Association.

801.340 Step Four

801.341 Arbitration.

 

In the event a grievance is not satisfactorily resolved after the President 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 Secretary of the Regents within twenty days after receipt of the Step Three response.

The arbitration may be conducted by a sole arbitrator whom the Association and Employer mutually name. If a sole arbitrator cannot be named by mutual agreement no more than ten days after receipt of the request for arbitration, either the Association or the Employer may request the Director of the Bureau of Mediation Services to submit a list of at least five 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.

If either the Association or the Employer does not want to use a sole arbitrator, the arbitration shall be conducted by a panel of three persons: one (1) representative designated by the Association, one (1) representative designated by the Employer, and a third arbitrator chosen by the first two. The Association arbitrator and the Employer arbitrator shall be designated no later than twenty-five days after receipt of the request for arbitration. If the first two arbitrators cannot agree within five days on the third arbitrator, either the Association or the Employer may request the Director of the Bureau of Mediation Services to submit a list of five arbitrators. The Employer and the Association shall alternately strike one (1) name at a time from the list, Employer striking first, until there is only one (1) name remaining. The one (1) name remaining shall be the third panel member. The third panel member shall be notified by a joint letter which requests that a time and location for a hearing convenient to the participants be set.

If a sole arbitrator is used, the Employer and the Association shall each be responsible for one-half (1/2) of the arbitrator's fee. If the arbitration is conducted by a panel, the Employer and the Association shall be responsible for the cost of their respective arbitrator and one-half (1/2) of the third selected arbitrator's fee. Each party shall bear its own expenses.

 

801.342 Questions of Arbitrability.

If any question arises as to arbitrability, the question shall be ruled upon by the panel or the sole arbitrator. Either party may appeal the panel's or sole arbitrator's ruling on the question of arbitrability to the Minnesota District Court pursuant to Chapter 572 of the Minnesota Statutes. Such appeal shall not be taken until the panel or sole arbitrator has ruled on all issues submitted to it. Until the issue of arbitrability has been finally resolved, implementation of the panel's or the sole arbitrator's decision shall be stayed automatically.

801.343 Arbitrators' Decision Deadline.

The panel or the sole 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 panel's or the sole 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 panel or sole arbitrator shall be final and binding upon the grievant, the Employer and the Association.

801.400 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.

801.410 Effect of Time Limits.

By mutual agreement, the grievant and the Principal Administrator or the Association and the Principal Administrator, the Chancellor or the President may waive any step or extend any time limit established by this Section 800.000. However, if there is no waiver and if the grievant or the Association fails to adhere to a time limit established by this Section 800.000, the grievance shall be deemed resolved at the prior step. If the Principal Administrator, the Chancellor or the President fails to adhere to a time limit established by this Section 800.000, the Association may proceed to the next step.

801.420 Withdrawal of Grievances.

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

801.430 Order of Grievances.

Arbitrations shall be scheduled in the order in which the Secretary of the Regents receives notice of the Association's intent to request arbitration, except when the parties may mutually agree to either a different order, or to schedule more than one (1) grievance to be heard by a single panel or sole arbitrator. Any such mutual agreement shall be confirmed in writing.

801.440 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.

 

801.500 Rights and Responsibilities of the Grievant, Employer and Association

801.510 No Reprisals.

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

801.520 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.

801.540 University Responses.

A copy of the written University response to the grievant at each step of the grievance procedure shall be forwarded to the Association at the same time it is forwarded to the grievant.

801.600 Altering Grievance Procedure

801.610 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 Section 801.300 shall be applicable.

801.620 By Agreement.

By mutual agreement between the Regents and the Association, any of the Steps set forth in Section 801.300 can be passed over. Any such mutual agreement shall be confirmed in writing.

801.700 Resolution Implementation.

The resolution of any grievance shall be implemented as soon as reasonably possible. In no event shall the implementation of any resolution of a grievance be delayed beyond a time when implementation would render the resolution void or of no effect.