Dispute Grievance and Arbitration Procedure
To communicate a grievance to the union email email@example.com with your concern and we will set up a meeting to discuss further.
A grievance is a dispute regarding a violation and interpretation of any provision of the contract. The following is the steps and deadlines you should take in filing a grievance. Grievances must be presented within 20 days of discovery except discriminatory harassment which must be present within 365 days of grievant’s initial knowledge of the grievable action. Any dispute filed by the Union on behalf of two or more ASWs, or involving the disciplinary suspension or discharge of an ASW or a grievance against a Dean, can be initiated at Step 3. Any grievance where no appeal is taken within the given timeframe shall be deemed resolved. However failure on either side to address any step will not be deemed acquiescence and the grieving party can continue to the next step. No ASW shall lose wages for any grievance-related meeting and if they have to miss work from another employer the university will reimburse them for that time. An ASW can be accompanied by a Union Representative at any step of the Grievance Procedure.
Note: The university will initiate grievances at Step 3 within writing addressed to the union within 20 days of its discovery. The union shall respond in 10 days.
The following steps shall be followed in the processing of disputes/grievances (Business days counted only):
Step 1. The ASW will discuss their grievance with their immediate supervisor (clarified on their appointment letter) within 20 days of discovery.
- If a grievance is solved at this step will not create precedence for future interpretation of the contract.
- If a grievance is not solved within the following 10 days, it can proceed to Step 2.
- The ASW/Union must write the grievance and send it to the dean of the appropriate school within 10 days of the Step 1 response. This grievance must specify details of grievance, provisions of the contract violated, and the solution requested.
- The dean shall meet with the grievant and union within 10 days of receipt of the grievance.
- The Dean will respond in writing within 10 day of the meeting copying the TNS Labor Relations Office and Office of the Provost.
Step 3. A grievance not resolved at Step 2 can be appealed in writing within 10 days of conclusion of Step 2 to the University’s Grievance Committee–reps from TNS Office of the Provost, Human Resources and Labor relations–addressed to the Provost. (The University can invite other reps from the university if relevant to the grievance.)
- The Grievance Committee shall meet with the grievant and union to discuss the grievance within 10 days of the written appeal.
- The Grievance Committee shall respond to the grievant and union within 10 days of that meeting.
A grievance not resolved at Step 3 may be taken to arbitration by the Union or the
University within thirty (30) days of the conclusion of Step 3. A party shall take a grievance to arbitration by giving notice to that effect, with a copy to the other party.
Details of Unbiased Third-Party Arbitration: Arbitration shall follow the procedures of Labor Arbitration Rules of the American Arbitration Association. Arbitrators will have no authority to amend the contract, and their decision shall be final and binding. Arbitrators shall be selected from a rotating panel including Barbara Deinhardt, Daniel Brent, Lisa Charles, and Martin Scheinman. If none are available the union and university will agree on someone else. The fees shall be shared by the Union and University.
By law, workers are entitled to representation outline in Weingarten Rulestheweingartenrule