ARTICLE 7
GRIEVANCE AND ARBITRATION
7.1 Purpose
a. This grievance procedure shall be used to process and
resolve grievances arising under this MOU and
employment-related complaints.
b. The purposes of this procedure are:
(1) To resolve grievances informally at the lowest
possible level.
(2) To provide an orderly procedure for reviewing and
resolving grievances and complaints promptly.
7.2 Definitions
a. A grievance is a dispute of one or more employees, or a
dispute between the State and ACSA, involving the
interpretation, application, or enforcement of the express
terms of this MOU.
b. A complaint is a dispute of one or more employees, or
ACSA, involving the application or interpretation of a
written rule or policy not covered by this MOU and not
under the jurisdiction of the SPB. Complaints shall only
be processed as far as the department head or designee.
c. As used in this procedure, the term "immediate
supervisor" means the individual identified by the
department head.
d. As used in this procedure, the term "party" means
ACSA, an employee, or the State.
e. An "ACSA representative" refers to an employee
designated as an ACSA steward or a paid staff
representative.
7.3 Time Limits
Each party involved in a grievance shall act quickly so that the
grievance may be resolved promptly. Every effort should be made to complete
action within the time limits contained in the grievance procedure.
However, with the mutual consent of the parties, the time limitation for any
step may be extended.
7.4 Waiver of Steps
The parties may mutually agree to waive any step of the
grievance procedure.
7.5 Presentation
At any step of the grievance procedure, the State representative
may determine it desirable to hold a grievance conference. If a grievance
conference is scheduled, the grievant or an ACSA steward, or both, may
attend without loss of compensation.
7.6 Informal Discussion
An employee grievance initially shall be discussed with the
employee's immediate supervisor. Within seven (7) calendar days, the
immediate supervisor shall give his/her decision or response.
7.7 Formal Grievance - Step 1
a. If an informal grievance is not resolved to the
satisfaction of the grievant, a formal grievance may be
filed no later than:
(1) Twenty-one (21) calendar days after the employee can
reasonably be expected to have known of the event
occasioning the grievance;
(2) Within fourteen (14) calendar days after receipt of
the decision rendered in the informal grievance
procedure.
b. However, if the informal grievance procedure is not
initiated within the period specified in Item (1) above,
the period in which to bring the grievance shall not be
extended by Item (2) above.
c. A formal grievance shall be initiated in writing on a form
provided by the State and shall be filed with a designated
supervisor or manager identified by each department head
as the first level of appeal.
d. Within fourteen (14) calendar days after receipt of the
formal grievance, the person designated by the department
head as the first level of appeal shall respond in writing
to the grievance.
e. No contract interpretation or grievance settlement made at
this stage of the grievance procedure shall be considered
precedential.
7.8 Formal Grievance - Step 2
a. If the grievant is not satisfied with the decision
rendered pursuant to Step 1, the grievant may appeal the
decision within twenty-one (21) calendar days after
receipt to a designated supervisor or manager identified
by each department head as the second level of appeal. If
the department head or designee is the first level of
appeal, the grievant may bypass Step 2.
b. Within twenty-one (21) calendar days after receipt of the
appealed grievance, the person designated by the
department head as the second level of appeal shall
respond in writing to the grievance.
c. No contract interpretation or grievance settlement made at
this stage of the grievance procedure shall be considered
precedential.
7.9 Formal Grievance - Step 3
a. If the grievant is not satisfied with the decision
rendered pursuant to Step 2, the grievant may appeal the
decision within twenty-one (21) calendar days after
receipt to a designated supervisor or manager identified
by each department head as the third level of appeal. If
the department head or designee is the second level of
appeal, the grievant may bypass Step 3.
b. Within twenty-one (21) calendar days after receipt of the
appealed grievance, the person designated by the
department head as the third level of appeal shall respond
in writing to the grievance.
7.10 Formal Grievance - Step 4
a. If the grievant is not satisfied with the decision
rendered at Step 3, the grievant may appeal the decision
within twenty-one (21) calendar days after receipt to the
Director of the Department of Personnel Administration or
designee.
b. Within thirty (30) calendar days after receipt of the
appealed grievance, the Director of the Department of
Personnel Administration or designee shall respond in
writing to the grievance.
7.11 Response
If the State fails to respond to a grievance within the time
limits specified for that step, the grievant shall have the right to appeal
to the next step.
7.12 Formal Grievance - Step 5
a. If the grievance is not resolved at Step 4, within thirty
(30) calendar days after receipt of the 4th level
response, ACSA shall have the right to submit the
grievance to arbitration.
b. Within 14 calendar days after the notice requesting
arbitration has been served on the State or at a date
mutually agreed to by the parties, the parties shall meet
to select an arbitrator. If no agreement is reached on
the selection of an arbitrator the parties shall,
immediately and jointly, request the State Mediation and
Conciliation Service or the American Arbitration
Association to submit to them a panel of nine (9)
arbitrators from which the State and ACSA shall
alternately strike names until one name remains and this
person shall be the arbitrator. If the parties cannot
agree from which service to obtain the list of
arbitrators, the party requesting arbitration shall pay
all costs, if any, of obtaining the list of arbitrators.
c. The arbitration hearing, itself, shall be conducted in
accordance with the Voluntary Labor Arbitration Rules of
the American Arbitration Association. The cost of
arbitration shall be borne equally between the parties.
d. An arbitrator may, upon request of ACSA and the State,
issue his/her decision, opinion, or award orally upon
submission of the arbitration. Either party may request
that the arbitrator put his/her decision, opinion, or
award in writing and that a copy be provided.
e. The arbitrator shall not have the power to add to,
subtract from, or modify this MOU. Only grievances as
defined in Section 2a. of this Article shall be subject to
arbitration. In all arbitration cases, the award of the
arbitrator shall be final and binding upon the parties.