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LWU-CUE Contract: 
  

Article 8: Grievance Procedure

A. General Provisions:
  1. Definition. A grievance is defined as a written complaint (as defined in B.1. below) that CUE has violated a specific provision of this Agreement.
  2. Right to Use the Grievance Procedure. Any LWU-represented worker, group of LWU-represented workers or LWU may use the Grievance Procedure. CUE shall have no right to use the Grievance Procedure.
  3. No Reprisals. There shall be no reprisals for using the Grievance Procedure, or for attempting to resolve grievances or potential grievances.
  4. Grievance Meetings. If requested by the grievant, the grievant's representative or CUE, meetings at any step of the Grievance Procedure, excluding mediation or arbitration, shall be mandatory. The grievant, the representative and any reasonable number of LWU-represented witnesses with relevant knowledge of the matter shall be granted paid release time, subject to operational needs, for grievance meetings that occur during regular work hours. Grievance meetings shall occur in person, unless otherwise mutually agreed by the parties. For individual and group grievances, the grievant's immediate supervisor shall be present for all grievance meetings.
  5. Representation.
    1. LWU Bargaining Unit members shall have the right to representation at all steps of the Grievance Procedure, including informal meetings that are called to try to resolve potential grievances. Another LWU representative may attend, but only one shall be designated as spokesperson and representative of record, and only one shall be eligible for paid release time.
    2. Bargaining Unit members shall have the right at any time to present grievances to CUE and to have such grievances adjusted without representation by LWU, provided:
      1. That such adjustment is not inconsistent with the terms of this Agreement; and,
      2. That LWU has been given the opportunity to be present at such adjustment.
  6. CUE-Designated Grievance Officials. CUE shall maintain on its statewide website a current list of individuals designated to receive and/or review grievances and appeals. No grievance shall be denied as a result of CUE's failure to maintain this list or make timely changes. CUE's grievance review officers must not have been a party to the action(s) being grieved and must have the authority to overturn or amend any actions by CUE which gave rise to the grievance. The list shall clearly indicate any location-specific or other restrictions CUE wishes to place on the authority of a designated grievance review officer.

B. Steps of the Grievance Procedure:
  1. Filing/Step One: Within thirty 30 calendar days of the date on which a grievant knew or reasonably could have known of the event or action giving rise to a grievance, the grievant may invoke the Grievance Procedure by presenting the written complaint to the appropriate grievance review officer indicated on the CUE statewide website. If a grievance is presented after the 30 day deadline, the grievance shall be considered untimely. Grievances must be filed on the attached form (Appendix A) or in a letter containing the following:
    1. A statement identifying the matter as a "grievance";
    2. The name, work location and contact information of the grievant(s);
    3. The name and contact information of the representative (if any);
    4. A brief description of the alleged violation, including the date and relevant facts; and,
    5. The proposed remedy.

    Substantial compliance with these filing requirements shall be sufficient and no grievance readily identifiable as such shall be denied solely for failure to include one or more of these elements, so long as by close of Step 2 LWU has raised all issues that it wishes to be addressed.

    If requested by either party within five (5) calendar days of the date the grievance is filed, CUE shall convene a Step One Meeting within fifteen (15) calendar days of the date the grievance was filed. If a Step One Meeting is held, CUE shall review the matter and provide a written Step One response within fifteen (15) calendar days of the Step One Meeting. If neither party requests a Step One Meeting, CUE shall review the matter and provide a written response to the grievance within fifteen (15) calendar days of the date the grievance was filed.
  2. Step Two: If a grievance is not satisfactorily resolved at Step One, the grievant(s) and/or representative may appeal it to Step Two of the Grievance Procedure by sending written notice to the appropriate grievance review officer indicated on the CUE statewide website. The written appeal must occur within thirty (30) calendar days of the date the Step One response was issued or due. If requested by either party within five (5) calendar days of the date of the appeal, CUE shall convene a Step Two Meeting within fifteen (15) calendar days of the date of the appeal and shall provide a written Step Two response within thirty (30) calendar days of the Step Two Meeting. If neither party requests a Step Two Meeting, CUE shall review the matter and issue a written Step Two response within thirty (30) calendar days of the written appeal to Step Two.
  3. Expedited Grievances: If a grievance involves dismissal, the grievant may bypass Step One and proceed to Step Two by filing an expedited grievance with the appropriate grievance review officer indicated on the CUE statewide website. Such expedited grievances shall be clearly identified as such upon initial filing. All other provisions for Step Two, including the time limits, shall apply to expedited grievances as specified in Section B.2 above.
  4. Mediation, Arbitration, or Strike. If not satisfied with the Step Two response, LWU shall have the right to select one of the three processes below for appeal.
    1. Mediation. LWU shall have the right to submit unresolved grievances to mediation, by notifying in writing the appropriate grievance review officer indicated on the CUE statewide web site within 30 days of the date the Step Two response was issued or due. The costs of mediation shall be divided equally between CUE and LWU.
    2. Arbitration. LWU may submit unresolved grievances to arbitration by notifying in writing the appropriate grievance review officer indicated on the CUE statewide web site within 30 days of the date the Step Two response was issued or due, in accordance with the following provisions:
      1. Selection of an arbitrator. In the event the parties are unable to agree upon the arbitrator, LWU shall request that the Federal Mediation and Conciliation Service provide a list of seven persons qualified to act as the impartial arbitrator. Within seven (7) calendar days of receiving the list, CUE and LWU shall select an arbitrator by alternately striking six names from the list. The first party to strike from the list shall be selected by a coin toss.
      2. Arbitration Hearing. The arbitrator shall hold a hearing as soon as practicable. The scheduling of the arbitration hearing date must be accomplished no later than 60 calendar days from the date the grievance was originally appealed to arbitration. Should the parties be unable to agree on a hearing date, the authority to schedule the hearing rests with the arbitrator. The parties may extend the 60 day limit for scheduling the arbitration by mutual written agreement in advance of the expiration of the time limit. The issues or allegations to be considered in the arbitration shall be those raised in the written grievance or by the close of Step 2. At least ten (10) calendar days prior to the date of the hearing, the parties shall exchange the names of all known witnesses to be introduced at the hearing. At the hearing, both parties shall have the opportunity to examine and cross-examine witnesses under oath and to submit relevant evidence.
      3. Arbitration Award. Within thirty (30) calendar days of the conclusion of the hearing or receipt of post-hearing briefs, the arbitrator shall issue an award which shall be final and binding upon CUE, LWU and any workers involved in the grievance. The arbitrator shall have no authority to modify, amend, revise, add to, or subtract from any of the terms and conditions of any agreement.
      4. All expenses of the arbitration, including the arbitrator's fees and the cost of transcripts, shall be shared equally by CUE and LWU.
    3. Right to Strike. Notwithstanding the provisions of No Strikes / No Lockouts, upon exhaustion of Step Two of the Grievance Procedure, LWU shall have the right to strike over unresolved grievances if it does not choose to resolve them through mediation or arbitration.
C. Time Limits: Time limits and/or Steps of the Grievance Procedure may be waived or extended only by mutual, written agreement of CUE and the grievant and/or the representative. If a grievance is not appealed within the applicable time limit, and no extension has been agreed to, the grievance shall be considered resolved based on the last CUE response, and shall be ineligible for further appeal. Time limits that fall on a day other than a regular business day shall automatically be extended to the next business day. For the initial filing of a grievance and for grievance appeals and responses, the effective date shall be considered the date of hand-delivery or the date of the US Postal Service postmark, or, subject to the mutual agreement of the parties, of facsimile or electronic transmission.

D. Precedent: Resolution of a grievance at any step shall not be precedent-setting. Settlement offers may not be used as evidence or included in a response to a grievance.

E. Grievance File: Unless requested by a grievant or the grievant's representative, materials generated as a result of a grievance shall not be kept in the grievant's personnel file. It is not the intent of this section to exclude from a worker's personnel file final disciplinary action documents, unless such exclusion is provided for by a settlement or remedy. CUE shall keep grievance files confidential unless otherwise obligated by law, court order or the terms of an agreement with LWU.

http://www.cueunion.org/cuesupes/lwucontract/art08.php        21-November-2008 13:25:14
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