Article 36 - Grievance Procedure
36.1 Definitions:
36.1.1 A "grievance" shall mean a dispute about the
interpretation or an alleged violation of any of the
provisions of this contract.
36.1.2 The "aggrieved" is the person or persons making
the complaint. The Association may be an "aggrieved
person" in instances where an alleged contract violation
affects the Association or a clearly defined group of
employees rather than an individual employee.
36.1.3 The term "days," when used in this Article,
shall, except where otherwise indicated, mean working
days; thus weekends, holidays, or vacation days are
excluded.
36.2 Grievance Procedure. The purpose of this
procedure is to provide an orderly method for resolving
grievances. A determined effort shall be made to settle any
such differences at the lowest possible level in the
grievance procedure and, to the greatest extent possible,
meetings or discussions involving grievances and grievance
procedures shall be scheduled at such a time so as not to
interfere with employee duties.
36.3 Grievance Time Limits. Grievances will be
processed in the following manner and within the stated time
limits:
36.3.1 Informal: The aggrieved shall promptly attempt
to resolve the grievance informally by discussing it with
his/her immediate supervisor. The supervisor shall be
advised that the matter is a grievance, and shall be
given the facts upon which it is based.
36.3.2 Level 1:
36.3.2.1 If the grievance is not resolved
informally within twenty (20) working days of the
occurrence or the aggrieved's first knowledge of the
facts upon which it is based, then within five (5)
working days it shall be reduced to writing by the
aggrieved and submitted to the vice president.
36.3.2.2 The written grievance shall give a clear
and concise statement of the alleged grievance
including ,the facts upon which the grievance is
based, the issues involved, the agreement provisions
involved, and the relief sought.
36.3.2.3 When presenting the written grievance, the
aggrieved may be accompanied by or represented by a
representative of the Association.
36.3.2.4 The vice president shall reply in writing
to the employee with a copy to the Association within
ten (10) working days following receipt of the written
grievance.
36.3.3 Level 2: Grievances not settled at Level
1 of the grievance procedure may be appealed to
arbitration provided that:
36.3.3.1 Written notice of a request for
arbitration is made to the vice president within ten
(10) days of receipt of his/her answer in Level 1;
and
36.3.3.2 The issue involves the interpretation or
meaning of a specific provision(s) of the
agreement.
36.4 Selection of Arbitrator. When a timely
request has been made for arbitration, the parties or their
designated representatives shall attempt to select an
impartial arbitrator. Failing to do so, they shall within
ten (10) days of the appeal, jointly request the Oregon
Employment Relations Board to submit a list of five (5)
arbitrators who are also American Arbitration
Association-qualified arbitrators. As soon as the list has
been received, the parties or their designated
representatives shall determine by lot the order of
elimination; and thereafter each shall, in that order,
alternately strike a name from the list and the fifth and
remaining name shall act as the arbitrator.
36.5 Hearing. The arbitrator shall schedule a
hearing on the grievance and, after hearing such evidence as
the parties desire to present, shall render a written
decision.
36.6 Authority of Arbitrator. The arbitrator shall
have no power to advise on salary adjustment except as to
the improper application thereof; nor to add to, subtract
from, modify, or amend any terms of this Agreement or of the
policies of the College.
36.7 Binding Decisions. A decision of the
arbitrator shall, within the scope of his/her authority, be
binding upon the parties.
36.8 Costs of Arbitration. The College and the
Association will share equally any joint costs of the
arbitration procedure, such as the fee and expense of the
arbitrator and the cost of the hearing room.
36.9 General Provisions:
36.9.1 No reprisals of any kind will be taken by the
College against any participant in the grievance
procedure by reason of such participation.
36.9.2 Failure at any step of this procedure to
communicate the decision in writing on a grievance within
the specified time limits shall permit the grievant to
proceed to the next step. Failure at any step of this
procedure to appeal a grievance to the next step within
the specified time limit shall be deemed to be acceptance
of the decision rendered at that step.
36.9.3 All documents, communications, and records
dealing with the processing of a grievance shall be filed
separately from the personnel files of the
participants.
36.9.4 The parties expressly recognize the principle
of election of remedies and agree that the filing of a
disputed matter in one (1) forum (i.e., Court, ERB,
arbitration) constitutes waiver of any and all rights the
party may otherwise have to contest the disputed matter
in any other forum.
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