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Article 15 - Grievance Procedures

The Association and the University agree that they will use their best efforts to encourage the informal and prompt settlement of any complaint that exists with respect to the interpretation or application of this Agreement. However, in the event such a complaint arises between the University and the Association which cannot be settled informally, a grievance procedure is described herein.

A. Definitions:
1. A "grievance" shall mean an unresolved complaint arising during the period of this Agreement between the University and a unit member, a group of unit members, or the Association with respect to the interpretation or application of a specific term of this Agreement.

2. A "grievant" is the unit member, group of unit members or Association making the complaint.

3. "Days" shall mean all days exclusive of Saturdays, Sundays and officially recognized University holidays, as described in Article 19, Leaves.

B. Informal Procedure:
A complaint may be presented informally to the administrator whose decision or action is being contested.

C. Formal Procedure:
Step 1: In the event satisfactory resolution is not achieved through informal discussion, the grievant,
within twenty (20) days following the act or omission giving rise to the grievance or the date on which the grievant reasonably should have known of such act or omission if that date is later, shall complete and forward to the administrator whose action or decision is being contested the written signed grievance form (Appendix A). Notice in writing that a decision will be effective at a future date shall constitute an act for purposes of initiation of this grievance procedure. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.

Step 2: In the event satisfactory resolution has not been achieved in Step 1, the grievant, within twenty
(20) days of receipt of the answer or of the date the answer is due if no answer is provided, shall forward the grievance form, written statement(s) why the resolution is not satisfactory, and any other documentation to the chief administrative officer or his or her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If a grievance affects unit members in more than one department, division or other appropriate unit on a campus, the Association, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Association reasonably should have known of such act or omission if that date is later, shall forward to the chief administrative officer or his or her designee the written, signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of the receipt of the grievance.

Step 3:In the event satisfactory resolution has not been achieved in Step 2, the Association, within
twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, shall forward to the Chancellor or his or her designee the written grievance form, written statement(s) why the resolution is not satisfactory, and any other documentation. The Chancellor or his or her designee shall answer in writing within twenty (20) days of receipt of the grievance. If the grievance affects unit members on more than one campus, the Association, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Association reasonably should have known of such act or omission if that date is later, shall forward to the Chancellor or the Chancellor's designee the written signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.

Step 4: a) In the event a grievance is not satisfactorily resolved at Step 3 of the grievance procedure and the
Association wishes to proceed to arbitration, it shall serve written notice to that affect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date the answer is due, if no answer is provided. The parties shall confer within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator, the grievance will be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.

b) The arbitrator shall have no authority to add to, subtract from, modify or alter the terms or provisions of this Agreement. Arbitration shall be confined to disputes arising under the terms of this Agreement.

c) The arbitrator shall have no authority to substitute his or her judgment for the professional judgment exercised by the chief administrative officer or Board of Trustees or designee(s) in cases regarding:

1) the decision not to continue the unit member beyond the probationary period;

2) initial bona fide decision of the University to lay off or to terminate a program or portion thereof.

d) The arbitrator's decision as to whether there has been a violation of this Agreement shall be final and binding on the University, the Association and any and all affected unit members.

e) An arbitrator may award lost compensation where appropriate to remedy a violation of the agreement, but the arbitrator may not award other monetary damages or penalties.

f) In no case shall the arbitrator award a continuing appointment as a remedy nor shall an arbitrator's decision awarding employment beyond the probationary period entitle the unit member to a continuing appointment except where the unit member would have been granted a continuing appointment by the University but for a violation of this Agreement.

g.) If a unit member is re-appointed at the direction of an arbitrator, the chief administrative officer may reassign the unit member during such reappointment to some mutually agreed upon assignment.

D. Duplicate Proceedings:
Employees may also have rights to pursue claims or complaints through outside agencies, including but not limited to the Maine Human Rights Commission and Office of Civil Rights.

E. Rights and Responsibilities of the Grievant, University and Association:

1. No reprisals shall be taken by either the grievant, Association, or the University against any participant in the grievance procedure by reason of such participation.

2. A unit member may be represented at any level of the grievance procedure only by an Association designated representative, or professional staff or counsel of the Maine Education Association.

3. When a unit member is not represented by the Association at Step 1 or 2, the Association shall have the right and reasonable opportunity to be present at any meeting between the grievant and the University after the submission of the written signed grievance form.

4. Except for the decision resulting from arbitration or settlement, all documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the unit members.

5. The forms which must be used for filing a grievance (Appendix A) and any subsequent review (Appendix B) shall be prepared by the University and supplied to unit members and the Association.

6. In all grievances at Steps 2 and 3, the grievance designees for the Association and the University, or their representatives, will arrange a meeting to discuss the grievance. Other participants in the matter which is the subject of the grievance may attend by invitation of a party. The requirement to conduct such a meeting may be waived with respect to any grievance by mutual agreement, confirmed in writing, of the University and Association representatives involved. All meetings and hearings under this procedure shall be conducted in private and shall include only the parties in interest and their designated representatives.

7. In the event that a grievance is not timely answered by the University at any step in the procedure, the grievant or the Association, as appropriate, may file at the next step in the procedure.

8. The costs of arbitration will be borne equally by the University and the Association. Such shared cost shall be limited to the arbitrator's fee and expenses and the charges of the American Arbitration Association.

9. The University shall promptly forward to the Association a copy of any submitted written grievance and any written material accompanying the grievance. This requirement is waived in the case of grievances filed by the Association, or unit member(s) who are represented by the Association or its representatives.

10. No complaint informally resolved or grievance resolved at Steps 1, 2 or 3 shall constitute a precedent for any purpose unless agreed to in writing by the Chancellor or designee and the Association.

11. All grievances shall be filed within the time limits set forth or the grievance will be deemed to have been resolved by the decision at the prior step. The time limits in this Article may be extended by mutual agreement of the grievant and the appropriate University administrator at any step of the grievance procedure except that the time limits for the initial filing of a grievance may be extended only by agreement between the Chancellor or designee and the Association. Any mutual agreement shall be confirmed in writing as soon as practicable.

12. Grievances will be scheduled for arbitration in the order in which the University receives from the Association notice of its intent to proceed to arbitration, except where the parties mutually agree otherwise in this Agreement. In scheduling arbitrations, the parties may mutually agree to schedule more than one grievance to be heard by a single arbitrator.