Elgin Community College Faculty Association
Article III: Grievance Procedure
A grievance is any claim by faculty or the Association that there has been a violation, misrepresentation or misapplication of the terms of this contract.
A school day, for the purpose of the grievance procedure, is a day on which the Administrative Offices are open, excluding Saturdays and Sundays.
- All time limits shall be in school days.
- Failure on the part of the administration to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step.
- Failure on the part of the grievant or the Association to meet the time limits shall result in the grievance being withdrawn.
- The time limits may be extended by mutual agreement of the parties.
The written grievance shall be filed either by the Association or individual grievant not later than thirty (30) days of the date of the occurrence giving rise to the grievance or from the date when the grievant might reasonably have become aware of the occurrence. The written grievance shall identify the grievant, summarize the relevant facts, identify the provisions of the Agreement allegedly violated, and describe the remedy which is requested.
The grievance shall be filed with the Chief Human Resources Officer and copied to the immediate supervisor.
Upon receipt of the written grievance, the Chief Human Resources Officer shall have full authority to resolve the grievance. The parties shall meet and otherwise communicate as often as they jointly agree in a good faith effort to resolve the grievance. "Good faith" shall mean that the parties shall meet and otherwise communicate with an open mind and a sincere effort to resolve the matter(s) before them. The parties may include any individual(s) who may contribute to the resolution of the grievance in their meeting(s).
Any tacit or active refusal by either party to conduct itself in good faith shall work to the detriment of that party in arbitration if the other party raises such matter. The charging party shall carry the burden of proving any alleged lack of good faith.
Step One: Chief Human Resources Officer and Immediate Supervisor
Not later than thirty (30) days after the filing date of the grievance, Human Resources shall submit a written response to the President of the Association, Association Grievance Chair and supervisor. Such response shall contain the full and complete reasons for award, denial, or joint resolution of the grievance.
Step Two: College President
If the Association is not satisfied with such response, it shall, if it desires, advance the grievance to the College President not later than fifteen (15) days from receipt of Human Resources' written response. Upon receipt of the written grievance, the President shall either represent the Board directly or appoint a management representative with full authority to resolve the grievance. The College President shall provide a written response to the President of the Association and Association Grievance Chair within fifteen (15) days of receipt of the advanced grievance.
Step Three: Arbitration
If the Association is not satisfied with such Board response, it shall, if it desires, proceed to binding arbitration by notifying the President or designee not later than fifteen (15) days from the date of the Board's written response. No individual or organization other than the Association shall have the right to proceed to binding arbitration. If the notice is not filed with the President or designee within fifteen (15 days) of the Board's written response or if there has been no mutual agreement to extend such time limits, the grievance shall be deemed withdrawn without prejudice or precedent.
The parties shall appoint a panel of arbitrators mutually approved by the legal representatives of each party.
The names of such arbitrators shall be listed numerically by lot and shall be in the possession of each party.
Each arbitrator in turn shall be contacted by the parties until one is available to participate in the grievance arbitration case pursuant to the conditions set forth herein.
Such panel of arbitrators may be available to hear cases in more than one district represented by IFT/AFT and, if such is the matter, for the next such case that arises in whichever district, the first arbitrator to be contacted shall be the one on the list immediately following the one who rendered the decision in the immediately preceding case.
Before the same arbitrator can be used in cases in the same district in any twelvemonth calendar period, the parties shall first proceed through the entire rotation of arbitrators. If none is available and if either party objects to the use of the same arbitrator during such twelve-month period, the parties shall attempt to agree on an alternate arbitrator. If such agreement is not concluded within one week from the date of either party's original objection, the American Arbitration Association rules shall be used.
Such panel of arbitrators shall continue for at least two years. At the request of either party any name(s) shall be deleted from such panel after two years and replaced by any mutually approved arbitrator(s) whose name(s) shall fill the slot vacated by the deleted arbitrator(s) or added to the end of the list if it is expanded. No pending case shall be delayed as the result of the deletion for any reason of an arbitrator from the list.
Once the arbitrator has been selected, every effort shall be made to schedule the hearing within thirty (30) calendar days of the date of appeal to arbitration. If the hearing cannot be scheduled within sixty (60) calendar days of such appeal, the next available arbitrator shall be selected unless the parties otherwise mutually agree.
Briefs if required shall be due within thirty (30) calendar days of the completion of the hearing. Briefs shall be submitted in duplicate directly to the arbitrator, who upon receipt shall submit one copy to each party.
The arbitrator's decision shall be due within thirty (30) calendar days of his/her receipt of both briefs.
Failure of either or both parties to comply with any of the rules incorporated herein shall result in enabling either or both parties to implement American Arbitration Association procedures to (a) select an arbitrator for any pending grievance arbitration case and (b) resolve any dispute over failure to comply with these rules.
These rules shall become effective upon agreement of the arbitrators included herein to serve on such panel. Until such agreement is reached, the American Arbitration Association shall be used.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and 9 decide only the specific issues submitted in writing and shall have no authority to make any decision or recommendation on any other issue not submitted. The decision of the arbitrator shall be final and binding on the parties.
Each party shall bear the full cost of its representation in the arbitration. The cost of the arbitrator and of the American Arbitration Association shall be divided equally between the Board and the Association. If either party requests a transcript of the proceedings, that party shall bear the full cost of such transcripts. If both parties request a transcript the cost shall be equally divided. If the arbitrator requests a copy of the transcript these costs shall be divided equally between the Board and the Association.
At all steps of the grievance procedure and arbitration it is the right of the administration/ board and the grievant and the Association to be represented.