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Grievance Procedures for Part-Time Lecturers

Article V - GRIEVANCE PROCEDURE (from the PTLFC-AAUP-AFT 2011-2015 Agreement)

 

A.  Grievance Procedure

A grievance may be brought only with respect to mandatorily negotiable subjects or to challenge discipline imposed on a PTL during the semester in which she/he is employed. A grievance must conform to the provisions set forth below.

The grievance must state: a) the provision of this Agreement or the University policy alleged to have been violated and which relates to a PTL's wages, hours, or other terms and conditions of employment; or b) the administrative decision relating to a PTL's wages, hours or other terms and conditions of employment alleged to have been misinterpreted, misapplied or violated and which misinterpretation, misapplication or violation affects a PTL's terms and conditions of employment.

A grievance may be resolved informally by the grievant and the University at any time. Both parties agree to encourage informal resolution of disputes at the department level.

Grievances initially will be filed with the Office of Academic Labor Relations within thirty (30) working days after the occurrence of the event which gave rise to the grievance, or within thirty (30) working days after the grievant knew, or should have known, of the occurrence of the event, but in no case beyond the subsequent semester in which the event occurred.  The grievance will be presented on a form acceptable to the University and forwarded by the Office of Academic Labor Relations to the representative at the appropriate level of review as set forth below. 

At each step, if the University Representative believes a meeting is necessary, or if the grievant has requested a meeting in the written appeal, the University Representative will arrange for a meeting.  A Union representative shall be present at all such meetings.

Step 1    Grievances will be forwarded by the Office of Academic Labor Relations to the Department Chairperson at Step 1. If the grievance arises out of an action taken by the Dean, the grievance will begin at Step 2.  If the grievance arises out of an action taken other than by the Department Chairperson or the Dean, the grievance will begin at Step 3.  If a meeting is to be held, the Step 1 University Representative will arrange for a meeting within ten (10) working days after filing of the grievance.  The University Representative will provide a written decision within ten (10) working days after the meeting, or within fifteen (15) working days after filing of the grievance if there is no meeting, providing a copy to the Dean, the Executive Vice President for Academic Affairs or Chancellor, the Union and the Office of Academic Labor Relations.

Step 2    If the grievant is not satisfied with the Step 1 decision, the grievant may within ten (10) working days after receipt of the Step 1 decision file an appeal with the Office of Academic Labor Relations that appeals the Step 1 decision to the Dean.  The appeal will be presented on a form acceptable to the University, include the grievance and Step 1 decision, and set forth the basis for the appeal.  The appeal will be forwarded by the Office of Academic Labor Relations to the Dean. 

If a meeting is to be held, the University Representative will arrange for a meeting within ten (10) working days after filing of the appeal.  The University Representative will provide a written decision within ten (10) working days after the meeting, or within fifteen (15) working days after filing of the appeal if there is no meeting, providing a copy to the Department Chair, the Executive Vice President for Academic Affairs or Chancellor, the Union and the Office of Academic Labor Relations.

Step 3    If the grievant is not satisfied with the Step 2 decision, the grievant may within ten (10) working days after receipt of the Step 2 decision file an appeal with the Office of Academic Labor Relations that appeals the Step 2 decision to the Executive Vice President for Academic Affairs or Chancellor.  The appeal will be presented on a form acceptable to the University, and include the grievance, Step 1 decision, Step 2 appeal and decision, and set forth the basis for the appeal.  The appeal will be forwarded by the Office of Academic Labor Relations to the Executive Vice President for Academic Affairs or Chancellor.

If a meeting is to be held, the University Representative will arrange for a meeting within ten (10) working days after filing of the appeal.  The University Representative will provide a written decision within ten (10) working days after the meeting, or within fifteen (15) working days after filing of the appeal if there is no meeting, providing a copy to the Department Chair, the Dean, the Union and the Office of Academic Labor Relations.

Step 4 If the PTLFC-AAUP-AFT is not satisfied with the decision at Step 3, and the grievance claims a violation of a provision of this Agreement which does not specify that it is not grievable, the PTLFC-AAUP-AFT may, within fifteen (15) working days of receipt of the Step 3 decision, submit the grievance to arbitration, with a copy to the Office of Academic Labor Relations.  Arbitration shall be advisory in all areas except for those grievances in which a PTL alleges a violation of Article II Nondiscrimination, or Article IV, Salary Provisions, in which case arbitration shall be binding.

Rutgers and the PTLFC-AAUP-AFT agree that the arbitrator to be chosen jointly shall be selected from a panel or panels to be provided by the Public Employment Relations Commission.  The arbitrator will be selected in accordance with the rules and procedures of the agency.

The costs and expenses incurred by each party shall be paid by the party incurring the costs except that the fees and any costs of the neutral arbitrator and the administering agency shall be borne equally by Rutgers and the PTLFC-AAUP-AFT.

To be valid, a decision in regard to a grievance must not amend, modify, or delete any provision of this Agreement or any Rutgers policy or any administrative decision.  A decision in one grievance will be applicable only to that grievance and may not serve as a precedent in any other grievance.

"Working days" as used in this provision shall mean all days on which University offices are officially open for business.

 

 

 

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