General Provisions.
All formal grievances shall be submitted on the grievance form provided by the University.
When hearings and conferences are held during working hours, all employees whose presence is required shall be excused for that purpose without loss of pay.
Grievances shall be processed as rapidly as possible. The number of working days (day one shall be the day following) indicated at each level shall be considered as maximum and every effort shall be made to expedite the grievance process. For purposes of this Agreement, a "working day" shall be defined as any weekday, Monday through Friday, excluding holidays and any other days on which the University is officially closed.
Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further action or appeal. Failure to provide a written answer on the grievance within the specified time limits shall permit automatic advancement to the next step of this procedure within the time allotted had the decision been given. Time limits may be extended by mutual written agreement of both parties.
A grievance may be initiated at any step of the grievance procedure by mutual written agreement of both parties. The Union or the University may withdraw its grievance without prejudice and without establishing a precedent at any step of the procedure. No grievance withdrawn in this manner shall be reinstated.
All discussions with respect to the grievance shall be kept confidential by the parties involved during the procedural steps of the grievance, provided that either party may release pertinent information to any or all personnel related to the grievance.
No decision on a grievance or an adjustment thereof shall be contrary to any provision of this Agreement, with the exception that the University and the Union may mutually agree to waive applicability of specific contractual provisions - on a non-precedent setting basis - in order to reach a fair resolution. No terms shall be added to or subtracted from this Agreement nor any provision changed by the grievance procedure.
No restraining, coercive, discriminatory, or retaliatory action of any kind shall be taken by the University against any employee, any union representative or any official participant in the grievance procedure by reason of such participation. All parties shall conduct themselves in a reasonable and professional manner at all times.
