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Office of the Provost and Executive Vice President for Academic Affairs

ARTICLE TEN: GRIEVANCE PROCEDURE

Section 10.0 Definitions

Subdivision 10.01 Grievance

A “grievance” is an allegation by a bargaining unit member, members, or United Faculty (union) that there

has been a violation, misinterpretation, or misapplication of any provision of the Master Agreement, except

for matter subject to appeal under Article Eleven (Appeal), which shall be resolved under the procedures of

that Article. The United Faculty may file a grievance on organizational rights specified in this Agreement

and may waive the first two (2) levels under Section 10.3.

Subdivision 10.02 Aggrieved Person

An “aggrieved person” is the person or the United Faculty making the complaint.

Subdivision 10.03 Party in Interest

A “party in interest” is the person or persons making the complaint and any person, including the United

Faculty or the Board, or their representative, who might be required to take action or against whom action

might be taken in order to resolve the complaint.

Section 10.1 Purpose

Subdivision 10.11 Lowest Level

The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to grievances.

Subdivision 10.12 Informal and Confidential

Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at

any level of the procedure.

Section 10.2 General Procedures

Subdivision 10.21 Time Limits

The failure of an aggrieved person to act on any grievance within the prescribed time limits will act as a bar

to any further appeal. An administrator’s failure to give a decision within the time limits shall permit the

grievant to proceed to the next step. Time limits may be extended by mutual agreement.

Subdivision 10.22 Processing

The investigation, handling, or processing of any grievance by the grieving person or the United Faculty

shall be conducted so as not to interfere with specifically assigned duties. Any departure from this

provision shall be by mutual agreement.

Subdivision 10.23 Election of Forum

If the grievant files any claim or complaint in any forum other than under the grievance procedure of this

Master Agreement, then, while such claim is pending or after it has been adjudicated, the Board shall not be

required to process the same or a substantially equivalent claim through this grievance procedure.

Subdivision 10.24 Filing of Initial Grievance

A Faculty Member who alleges that contract provisions have been violated shall initially seek to resolve the

problem by informal means through administrative channels. This procedure must be initiated within thirty

(30) days following the time at which the aggrieved party could reasonably have been aware of the

occurrence of the grievance. However, under no circumstances shall a grievance be considered timely after

twelve (12) calendar months from the date of occurrence.

Subdivision 10.25 Written Grievance

A formal grievance shall be submitted in writing and shall contain a concise statement of the facts

surrounding the grievance. The statement shall specify the specific Article or provision allegedly violated,

and relief requested. The grievance shall be filed on the form approved by the parties, which shall be

obtained from the United Faculty.

Subdivision 10.26 Filing Limitations

A formal grievance will be processed only if filed within forty-five (45) days following the time at which

the aggrieved party could reasonably have been aware of the occurrence of the grievance. However, under

no circumstances shall a grievance be considered timely after twelve (12) calendar months from the date of

occurrence. The grievance form shall contain an endorsement indicating the United Faculty’s receipt of a

copy of the complaint.

Subdivision 10.27 Days Defined

In all instances in which “days” is specified in this Article the term refers to class days. Saturdays,

Sundays, holidays, and days when classes are not in session are not counted. Class days during summer

session will be counted for faculty on summer appointment (teaching and research) for the whole eight (8)

weeks regardless of period of appointment of Faculty Member. By mutual agreement between United

Faculty and the Board class days may not be counted for faculty on summer appointment. Class days for

faculty not on summer appointment will not be counted except by mutual agreement between United

Faculty and the Board. When counting days, the day the grievance is received at any point in the procedure

shall be considered “day one.”

Section 10.3 Formal Levels

Subdivision 10.31 Level One

The grievance form shall be filed with the grievant’s Department Head who shall respond within fourteen

(14) days, indicating her/his disposition of the case. The Department Head shall distribute copies as

indicated on the approved grievance form.

Subdivision 10.32 Level Two

The aggrieved person may, within fourteen (14) days of the receipt of the disposition of the case at Level

One, appeal to the appropriate Dean, in writing, with the authorized signature of United Faculty. The Dean

shall meet with the parties and United Faculty, and, within fourteen (14) days of receipt of the appeal,

indicate her/his response in writing, with a copy to United Faculty.

Subdivision 10.33 Level Three

The aggrieved person may, within fourteen (14) days of the receipt of the decision at Level Two, appeal to

the President or her/his designee, with the authorized signature of United Faculty. The President or

designee shall, within fourteen (14) days of receipt, indicate her/his response in writing, with a copy to

United Faculty.

Section 10.4 Arbitration (Level Four)

Subdivision 10.41 Notice of Arbitration

The United Faculty may submit a grievance to arbitration with the consent of the grievant and with notice to

the President and copy to the Board Office, provided written notice of intent to arbitrate is delivered to the

Office of the President within twenty-one (21) days of receipt of the President’s response at Level Three.

Subdivision 10.42 Selection Procedure

Unless otherwise mutually agreed by the parties, the arbitrator shall be chosen according to the following

procedure:

Paragraph 10.421

Upon submission of a request for arbitration, the parties may within ten (10) days after the request

to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is

reached, either party may request the Iowa Public Employment Relations Board submit a panel of

five (5) arbitrators. If the panel submitted by PERB is unacceptable to either party, the parties

shall request a second panel of arbitrators from PERB.

Paragraph 10.422

When a grievance has been taken to arbitration, the parties shall, within 14 days, meet to select the

arbitrator. The parties shall strike alternately until one name remains. The person who remains

shall be the arbitrator. The parties shall promptly notify the arbitrator of her/his selection.

Subdivision 10.43 Exchange of Evidence

After the date for the arbitration hearing is established, the Union representative and Employer

representative will schedule a meeting not less than one (1) week prior to the grievance arbitration date to

exchange all evidence relevant to the grievance that is available to them at that time through the exercise of

due diligence.

Subdivision 10.44 Hearing and Decision

The arbitrator so selected shall confer with the President or designee and the United Faculty and hold

hearings promptly and shall issue her/his decision not later than thirty (30) calendar days from the date of

the close of the hearings or, if written briefs have not been waived, then from the date the final statements

and proofs on the issues are submitted to her/him. The arbitrator’s decision shall be in writing and shall set

forth her/his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have

no power to alter, add, or detract from the specific provisions of the Agreement. The decision of the

arbitrator shall be submitted to the President and the United Faculty and shall be final and binding on the

parties.

Subdivision 10.45 Costs

The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary

travel and subsistence expenses shall be borne equally by the Board and the United Faculty. Any other

expenses incurred shall be paid by the party incurring the same.

Section 10.5 Rights of Employees to Representation

Subdivision 10.51 Employee and United Faculty

Any aggrieved person may be represented at all stages of the grievance procedure prior to Level Three by

herself/himself, or at United Faculty’s option, by a representative selected or approved by the United

Faculty. The United Faculty shall have the right to be present at all levels as a party of interest.

Subdivision 10.52 Separate Grievance File

All official documents, communications, and records dealing with the processing of a grievance shall be

filed in a separate grievance file. The grievance file shall be accessible during business hours to the

grievant and United Faculty upon the request of either.

Subdivision 10.53 Arbitration Hearings

All hearings before the arbitrator under this procedure shall be open except if the parties mutually agree that

the proceedings should be closed, or the arbitrator orders the proceedings closed for cause.