This contract has expired. See the current contract.
7.1 A grievant shall have the right to present a grievance and to have that grievance considered in good faith. An effective grievance process is one that facilitates the resolution of the grievance in a timely manner.
7.2 Grievance - The term "grievance" as used in this Article refers to the specific stated allegation by a grievant that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this Agreement.
7.3 Grievant - The term "grievant" as used in this Article refers to a CSUEU-represented employee who is a:
who allege(s) in a grievance that he/she/they has/have been directly wronged by a violation, misapplication, or misinterpretation of a specific term(s) of this Agreement.
The term "grievant," as used in this Article, may refer to the Union when alleging a violation, misapplication, or misinterpretation of a specific term(s) of this Agreement.
7.4 Representative - The term "representative" as used in this Article shall be a Union Representative or an employee who, at the grievant's request, may be present at all levels through Level III. Representation at Level IV shall be by the Union only.
7.5 Respond and File - The terms "respond" and "file" as used in this Article refer to personal delivery or deposit in the U.S. mail or transmittal by facsimile or email. The Union and the CSU shall endeavor to use email whenever practicable.
Informal Level (Optional)
7.6 If an informal meeting is requested, it shall be held within fourteen (14) days of the request.
7.7 The grievant and one representative, if any, may discuss the grievance with the immediate non-bargaining unit supervisor no later than thirty (30) days after the event giving rise to the potential grievance, or no later than thirty (30) days after the grievant knew or reasonably should have known of the event giving rise to the potential grievance. The grievant or his/her representative must identify the meeting as an Informal Grievance meeting. If the employee chooses to have an additional representative present during this informal discussion, then the immediate non-bargaining unit supervisor may also have an additional University administrator present during the discussions.
7.8 The grievant may attempt to resolve the grievance informally with the immediate non-bargaining unit supervisor. The immediate non-bargaining unit supervisor shall provide a written response to the grievant within fourteen (14) days after the Informal meeting. The immediate non-bargaining unit supervisor who conducted the informal meeting shall not serve as the designated administrator for any subsequent levels or render any subsequent level decisions.
7.9 A resolution of a grievance at the informal level shall not be precedent setting.
Level I – Appropriate Administrator
7.10 If the potential grievance is not resolved at the Informal level or if the informal step is not invoked by the grievant, the grievant may file a Level I grievance with the Human Resources Office no later than thirty (30) days after the event giving rise to the grievance or after the grievant knew or reasonably should have known of the event giving rise to the potential grievance or twenty-one (21) days after the Informal meeting, if one was held. The Human Resources Office will refer the grievance to the appropriate administrator. Notification of the designated administrator will be provided in writing to the grievant and his/her representative. The grievant shall state on a grievance form agreed to by the parties and provided by CSUEU:
7.11 Failure to provide the required information in items 7.10 (a) through (h) will be grounds for the return of the grievance to the grievant. A copy of the grievance shall also be sent to the union representative handling the case and to CSUEU Headquarters. If the grievance is not amended and returned within twenty-one (21) days, the grievance will be deemed withdrawn.
7.12 The appropriate administrator shall hold a meeting with the grievant and the grievant's representative, if any, at a mutually acceptable time and location within twenty-one (21) days after receipt of the grievance. The grievant may bring additional representative(s) to the meeting by advising the appropriate administrator in advance. If the grievant(s) has/have additional representatives, the appropriate administrator may have an equivalent number of additional representatives of management present at the meeting. If there are multiple grievants, the appropriate administrator may have an additional representative. The appropriate administrator shall respond to the grievant no later than twenty-one (21) days after the Level Imeeting.
Level II – Campus President or Designee
7.13 In the event the grievance is not settled at Level I, the grievant may file the Level II grievance with the President or designee no later than twenty-one (21) days after the Level I response. If a settlement is proposed at Level I, the grievant should include a written statement relevant to the settlement proposal.
7.14 Within twenty-one (21) days of the Level II filing, the President or designee shall hold a meeting with the grievant and the grievant's representative, if any, at a mutually acceptable time and location. The grievant may bring additional representatives to the meeting by advising the appropriate administrator in advance. If the grievant(s) has/have additional representatives, the appropriate administrator may have an equivalent number of additional representatives of management present at the meeting. If there are multiple grievants, the appropriate administrator may have an additional representative. The President shall respond to the grievant no later than twenty-one (21) days after the Level II meeting.
7.15 The grievant shall present at each level all issues and evidence related to the grievance. Additional issues and/or evidence which become known after the Level I meeting shall be allowed to be presented and may be cause for the grievance to be remanded to the prior level only upon mutual agreement of the parties. Issues and/or evidence must be made known before filing the grievance at Level IV.
7.16 Amendments and/or modifications to the grievance shall not be made by the grievant after the Level III filing date, except by mutual agreement.
7.17 The parties may, by mutual agreement between the system-level representatives of both parties, expedite the grievance to Level III. Level III time limits shall commence on the date the agreement to expedite was reached.
Level III – Office of the Chancellor
7.18 In the event the grievance is not settled at Level II, the grievant may file a written request for review with the Office of the Chancellor no later than twenty-one (21) days after the Level II response. The grievant shall attach a copy of the Level I and Level II responses together with any documents presented at those levels.
7.19 Within twenty-one (21) days of the Level III filing, the representative of the grievant shall schedule a conference, at a mutually acceptable date, time and location with a designated individual in the Office of the Chancellor for the purpose of reviewing the matter. If there is no mutually acceptable location, then the conference shall take place via a telephonic or teleconference meeting. The designated individual in the Office of the Chancellor shall respond no later than twenty-one (21) days after the conference. The original Level III response from the Office of the Chancellor shall be sent to the Union representative handling the case at Level III. A copy of the Level III response shall be sent to the grievant as long as the grievant provides an address on the grievance form. A copy of the response shall be sent to CSUEU Headquarters. If the grievant has not provided an address, the grievant's copy shall be sent to CSUEU Headquarters and CSUEU will deliver it to the grievant.
Level IV - Arbitration
7.20 If the grievance has not been settled at Level III, the Union alone may, no later than forty (40) days after the Level III response, submit the grievance to arbitration by giving notice to that effect by email or certified mail, return receipt requested, directed to the Office of the Vice Chancellor for Human Resources. A grievance not submitted to arbitration by the union within forty (40) days from the date of the Level III response shall be considered as having been withdrawn.
7.22 If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the merits of the grievance. The arbitrator may proceed to hear the merits of the grievance prior to meeting the requirements of Provision 7.23 below.
7.23 The arbitrator's award shall be in writing and shall set forth his/her findings, reasoning, and conclusions on the issue(s) submitted.
7.24 The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply at Level IV.
7.25 It shall be the function of the arbitrator to rule on the specific grievance. The arbitrator shall be subject to the following limitations:
7.26 The arbitrator's award shall be final and binding on both parties.
7.27 A witness who is an employee shall be excused from worktime to appear at an arbitration hearing with no loss of pay. Other expenses of any witness called before the arbitrator shall be borne by the party calling the witness. If more than one employee from a department is a witness and such appearances may disrupt department operations, the arbitrator will resolve the scheduling of the witnesses.
7.28 Each party shall bear the expense of preparing and presenting its own case. The cost of arbitration, excluding advocate, unilateral withdrawal, postponement, or cancellation fee, shall be borne equally by the parties.
7.29 The process to schedule a grievance for an arbitration hearing shall be initiated by a written request from the representative of the Union to the designated individual in the Office of the Chancellor. The request shall be for the parties to select an arbitrator pursuant to Provision 7.21. Any grievance filed into arbitration shall be considered withdrawn by the Union if it has not been scheduled within twelve (12) months of the filing to arbitration from Level IV or rescheduled within six (6) months of a previously scheduled or canceled arbitration date, whichever is later. Within the twelve (12) months of the request for arbitration, the parties shall confirm with an arbitrator that a hearing date has been set.
7.30 Upon mutual agreement, the parties may agree to use the expedited AAA arbitration procedures for Health and Safety grievances.
7.31 The parties may agree to participate in a mediation for the purpose of compromising, settling, or resolving a grievance. Mediation may be invoked at any stage of the grievance process, including the informal level. Grievances may be subject to mediation in accordance with the following:
7.32 “Med/Arb” is a process under which the mediator begins the hearing by attempting to mediate a settlement. If unable to settle the grievance, the mediator assumes the role of arbitrator and the hearing changes from a mediation to an arbitration.
7.33 Grievances may be subject to “Med/Arb” for the purpose of compromising, settling, or resolving a grievance in accordance with the following guidelines:
7.34 “Med/Arb” hearings shall be conducted in accordance with the following procedure:
7.35 Failure of the grievant to comply with the time limitations of this Article shall render the grievance null and void and bar subsequent filing of this grievance. Failure by the appropriate administrator, President, or designated individual in the Office of the Chancellor to timely respond under this Article shall permit the grievance to be filed at the next level.
7.36 Time limits set forth in this Article may be extended by mutual agreement. If the grievant, grievant’s representative, if any, or appropriate administratoris on a leave, vacation or holiday for five (5) days or more, but less than one year, the time limits shall be extended by the length of time of such leave, vacation, or holiday. The parties must give advance notice of the need to extend time limits, whenever possible.
7.37 In cases where it is necessary for the grievant or his/her representative to have access to information for the purpose of investigating a grievance, the grievant or his/her representative shall make a written request for such information to the appropriate administrator. The grievant or his/her representative shall have access to all necessary and relevant information within the policies and procedures defining confidentiality which would assist in adjusting the grievance.
7.38 To ensure the integrity of the grievance process, at every level a different administrator shall hear and respond to the grievant with the exception of Level IV, arbitration.
7.39 The processing of grievances filed and unresolved prior to the effective date of the Agreement may continue under the grievance procedure in effect at the time of the initial filing.
7.40 A decision by the Union to submit a grievance to arbitration shall automatically be a waiver of all other remedies except as provided otherwise by statute.
7.41 A grievance settled prior to arbitration shall not be precedent setting.
7.42 A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.
7.43 The parties, by mutual agreement, may consolidate grievances on similar issues at any level.
7.44 By mutual agreement, a grievance may be filed at the level at which the authority to resolve the grievance resides.
7.45 Prior to filing a grievance, the potential grievant and representative, if any, shall each be provided with one (1) hour release time for grievance preparation and reasonable time for grievance presentation at the informal level.
7.46 After the grievance has been filed, a representative and the grievant shall be provided reasonable release time for the purpose of preparation and presentation of the grievance.
7.47 For training purposes, the Union may have a steward-in-training attend a grievance meeting at all levels of the Grievance Procedure, provided the steward-in-training is on his/her own time or on 5.11 (d) time and provided the steward-in-training does not participate in the meeting. The Union shall submit to the campus Human Resources Department a list of new stewards who are to be considered in training under this article.
7.48 The procedures for securing release time for grievance processing shall be:
(1) at what time and location; and
(2) the anticipated duration of the meeting.
7.49 Both parties agree that all grievance files shall be confidential. Both parties agree that specific statements made and records used in grievance meetings shall be confidential.
7.50 An employee may present grievances and have such grievances adjusted without the intervention of the Union as long as adjustment is reached prior to Level IV; provided such adjustment is not inconsistent with the terms of a written agreement then in effect; and provided that the CSU will not agree to a resolution of the grievance until the Union has received a copy of the grievance and the proposed resolution, and has been given the opportunity to file a response.
7.51 The procedure (Article 7, Grievance Procedure, or Article 8, Complaint Procedure) utilized by the employee at the Level II filing shall indicate a final and binding selection of procedures. Prior to the Level II filing, the employee may convert to the alternative procedure without interruption of time limits nor sequence of levels. If both a grievance and a complaint are filed at Level II on the same issue, either the grievance or the complaint shall be withdrawn prior to the Level II hearing.
Except as provided for in the paragraph above, an employee may not utilize both Article 7, Grievance Procedure, and Article 8, Complaint Procedure, to adjust the allegations arising from a single set of circumstances.
Release Time for State Personnel Board (SPB)
7.52 The CSU shall provide release time without loss of compensation for appellants to attend hearings conducted by the State Personnel Board (SPB). The CSU shall accommodate a shift change request for such appellant on the day of an SPB hearing.
See CSU Labor Relations for all previous contracts.