Section 1. A grievance is a claim by an individual GA, a group of GAs or the Union that the University has violated a specific term of this Agreement. Grievances shall be processed according to this Article.
Section 2. The parties support the resolution of problems at the lowest possible level and, therefore, encourage informal discussions to resolve problems without the grievance procedure. The GA, and a Union representative if the GA so desires, shall discuss the grievance with the GA’s immediate supervisor at the time of the occurrence or at the time the employee learns of the occurrence in an effort to resolve the grievance. The University and the Union may agree to bypass this step or to have the informal discussion with another supervisor. Requests to waive the informal step shall not be unreasonably denied. If the grievant is alleging sexual harassment or sexual assault by their supervisor, the University shall automatically grant the request to bypass the informal step. Resolutions from pre-grievance discussions, although final, shall not be precedential.
Section 3. Step 1. If the grievance is not resolved through such informal discussion, it must be reduced to writing, dated, and presented to the department head (or dean for non-departmentalized schools) and to the University’s Office of Faculty & Staff Labor Relations within thirty (30) calendar days after the event or after the grievant becomes aware or should have become aware of the event giving rise to the grievance. If the grievant is alleging sexual harassment or sexual assault, the filing deadline shall be extended to one hundred eighty (180) calendar days. The written grievance must describe the claimed contract violation, identify the provision of the Agreement allegedly violated, and state the remedy being requested. If requested, the department head will meet with the grievant and the union representative. The department head shall provide a written response to the grievance within fifteen (15) calendar days following receipt of the written grievance. In the event an investigation is being conducted by the Office of Institutional Equity (“OIE”) concerning the same actions, the time within which the written response must be served shall be extended by thirty (30) calendar days, provided interim remedial measures are imposed to protect the grievant from discrimination and retaliation if requested by the grievant or the Union. Such measures shall be discussed with the Union.
Section 4. Step 2. If the grievance is not resolved at Step 1, the grievant may within ten (10) calendar days appeal to the Dean of the Graduate School. The grievant, representatives of the Union and the Dean of the Graduate School or designee and University’s representatives will meet within ten (10) calendar days of receipt of such appeal in an attempt to resolve the grievance. The department head may attend the meeting. If the matter is not resolved, the Dean of the Graduate School or designee will provide a written decision on the grievance within fifteen (15) calendar days of the meeting.
Section 5. Step 3. Arbitration:
(a) If the grievance is not resolved at Step 2, the Union may, within twenty-one (21) calendar days from receipt of the written step 2 decision, appeal the decision to arbitration by written request to the University.
(b) The parties agree to select an arbitrator pursuant to the rules of the American Arbitration Association (“AAA”) or by mutual agreement of the parties may bring an arbitration before the Connecticut State Board of Mediation andArbitration.
(c) The respective labor arbitration rules of the AAA or the Connecticut State Board of Medication and Arbitration shall apply to the arbitration.
(d) The initial filing fee will be paid by the party filing for arbitration. The expense of such arbitration (cost of meeting room, if any, arbitrator’s fee and expenses, and transcript cost, if any) shall be split equally between the parties.
(e) The parties shall make reasonable efforts to schedule arbitration hearings promptly.
Section 6. In rendering a decision, the arbitrator shall be governed and limited by the provisions of this Agreement. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement, or to decide matters outside the issue submitted to arbitration. In disciplinary cases, the remedy available to the arbitrator shall not exceed making the GA whole for the remainder of the GA’s appointment period. The decision of the arbitrator shall be final and binding subject to statutory provisions.
Section 7. Failure at any step of this grievance procedure to appeal a decision within the specified time limits shall be considered acceptance by the GA and/or Union of the decision rendered and such decision shall be binding upon the GA and/or Union. Failure of the University to respond to any grievance during the time limits specified at any steps shall allow the member and/or Union to proceed to the next step. By mutual written agreement, the parties may extend the time limits in this Article.
Section 8. Only the Union may appeal denial of a grievance to arbitration.
Section 9. While final with respect to the matter itself, resolutions pursuant to Step 1 or Step 2 shall not constitute a precedent for any purpose.
Section 2. The parties support the resolution of problems at the lowest possible level and, therefore, encourage informal discussions to resolve problems without the grievance procedure. The GA, and a Union representative if the GA so desires, shall discuss the grievance with the GA’s immediate supervisor at the time of the occurrence or at the time the employee learns of the occurrence in an effort to resolve the grievance. The University and the Union may agree to bypass this step or to have the informal discussion with another supervisor. Requests to waive the informal step shall not be unreasonably denied. If the grievant is alleging sexual harassment or sexual assault by their supervisor, the University shall automatically grant the request to bypass the informal step. Resolutions from pre-grievance discussions, although final, shall not be precedential.
Section 3. Step 1. If the grievance is not resolved through such informal discussion, it must be reduced to writing, dated, and presented to the department head (or dean for non-departmentalized schools) and to the University’s Office of Faculty & Staff Labor Relations within thirty (30) calendar days after the event or after the grievant becomes aware or should have become aware of the event giving rise to the grievance. If the grievant is alleging sexual harassment or sexual assault, the filing deadline shall be extended to one hundred eighty (180) calendar days. The written grievance must describe the claimed contract violation, identify the provision of the Agreement allegedly violated, and state the remedy being requested. If requested, the department head will meet with the grievant and the union representative. The department head shall provide a written response to the grievance within fifteen (15) calendar days following receipt of the written grievance. In the event an investigation is being conducted by the Office of Institutional Equity (“OIE”) concerning the same actions, the time within which the written response must be served shall be extended by thirty (30) calendar days, provided interim remedial measures are imposed to protect the grievant from discrimination and retaliation if requested by the grievant or the Union. Such measures shall be discussed with the Union.
Section 4. Step 2. If the grievance is not resolved at Step 1, the grievant may within ten (10) calendar days appeal to the Dean of the Graduate School. The grievant, representatives of the Union and the Dean of the Graduate School or designee and University’s representatives will meet within ten (10) calendar days of receipt of such appeal in an attempt to resolve the grievance. The department head may attend the meeting. If the matter is not resolved, the Dean of the Graduate School or designee will provide a written decision on the grievance within fifteen (15) calendar days of the meeting.
Section 5. Step 3. Arbitration:
(a) If the grievance is not resolved at Step 2, the Union may, within twenty-one (21) calendar days from receipt of the written step 2 decision, appeal the decision to arbitration by written request to the University.
(b) The parties agree to select an arbitrator pursuant to the rules of the American Arbitration Association (“AAA”) or by mutual agreement of the parties may bring an arbitration before the Connecticut State Board of Mediation andArbitration.
(c) The respective labor arbitration rules of the AAA or the Connecticut State Board of Medication and Arbitration shall apply to the arbitration.
(d) The initial filing fee will be paid by the party filing for arbitration. The expense of such arbitration (cost of meeting room, if any, arbitrator’s fee and expenses, and transcript cost, if any) shall be split equally between the parties.
(e) The parties shall make reasonable efforts to schedule arbitration hearings promptly.
Section 6. In rendering a decision, the arbitrator shall be governed and limited by the provisions of this Agreement. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement, or to decide matters outside the issue submitted to arbitration. In disciplinary cases, the remedy available to the arbitrator shall not exceed making the GA whole for the remainder of the GA’s appointment period. The decision of the arbitrator shall be final and binding subject to statutory provisions.
Section 7. Failure at any step of this grievance procedure to appeal a decision within the specified time limits shall be considered acceptance by the GA and/or Union of the decision rendered and such decision shall be binding upon the GA and/or Union. Failure of the University to respond to any grievance during the time limits specified at any steps shall allow the member and/or Union to proceed to the next step. By mutual written agreement, the parties may extend the time limits in this Article.
Section 8. Only the Union may appeal denial of a grievance to arbitration.
Section 9. While final with respect to the matter itself, resolutions pursuant to Step 1 or Step 2 shall not constitute a precedent for any purpose.
