Article VIII, Grievance Procedure

Collective Bargaining Agreement between the University of Delaware and American Association of University Professors, University of Delaware Chapter

July 1, 1994 - June 30, 1996

1. A grievance is defined as any dispute or difference concerning the interpretation, application or claimed violation of any provision of this Agreement. In addition, if an administrative action is taken which is not in accordance with the procedure required by the policies specified in Article XVI, Section 16.1, such alleged procedural error shall be grievable. Complaints or problems related to terms or conditions of employment which are not grievances as defined above may be referred to the University Senate Committee on Faculty Welfare & Privileges. Every attempt shall be made by both parties to resolve grievances arising under this Section speedily and informally by meetings between those directly affected.

   A grievant must initiate action under the appropriate step of the Grievance Procedure, in writing, within twenty-five (25) work days of the event which gives rise to the grievance or within twenty-five (25) work days after knowledge of the event is obtained or reasonably should have been obtained. For purposes of calculating time periods under the grievance procedure, University holidays, Saturdays, and Sundays shall not be counted as work days. Likewise, the periods encompassing Winter and Summer Session shall not be counted as work days unless failing to do so places an undue burden on either party or unreasonably delays the resolution of the grievance. Time limits are to be adhered to; however, they may be extended by mutual agreement of the parties in writing. It is the intention of the parties to agree to such extensions when they are justified by good and sufficient reason.

   The written grievance must include (1) a statement of the action being grieved; (2) reference to the relevant articles of the collective bargaining agreement or Faculty Handbook and adequate identification of the specific past practices relied upon, if any; and (3) the remedy or relief sought. Upon request by the grievant, the affected administrator shall provide information relevant to the action being grieved. Any dispute as to requests for such information shall be resolved by the Vice President for Employee Relations.

   The grievant shall be apprised of the bases upon which actions are taken during the grievance procedure. Evidence introduced at any step of the grievance procedure shall be provided simultaneously to the grievant, the administration, and when applicable, the members of the hearing panel.

2. A grievance filed by an aggrieved member of the bargaining unit of the AAUP shall be handled in the following manner:

   Step 1: The grievance shall be presented in writing and signed by the grievant in the first instance to the Chairperson (if the grievant is in an administrative unit with no Chairperson, this step is omitted). The Chairperson shall make every effort to meet promptly with the grievant and shall address the issues raised by the grievance and the appropriateness of the remedy sought. The Chairperson shall reply in writing within ten (10) work days of this meeting, or within twenty (20) work days of the receipt of the grievance, whichever period is shorter. Copies of the response shall be sent to the AAUP, the Dean or Director, and the Vice President for Employee Relations.

   Step 2: If the grievant is not satisfied with the response, he or she may file a written appeal to the Dean or Director within ten (10) work days after receipt of the response at Step 1, with copies to the Chairperson, AAUP, and the Vice President for Employee Relations.

   The Dean or Director shall consider the appeal and any relevant information relating to the appeal, and shall reply in writing within twenty (20) work days of receipt of the appeal or within ten (10) days after meeting with the grievant and Chairperson to discuss the merits of the claims raised by the appeal and the appropriateness of the remedy sought, whichever is shorter. Copies of the decision shall be sent to the AAUP, the Chairperson, and the Vice President for Employee Relations.

   Step 3: If the grievant is not satisfied with the decision at Step 2, the grievant may appeal in writing (with copies to the AAUP, the Dean/Director, and the Chairperson) to the Vice President for Employee Relations within ten (10) work days after receipt of the Step 2 decision. The Vice President for Employee Relations, sitting with two members of the faculty selected in the manner provided in Section 8.3, shall conduct a hearing within twenty (20) work days after receipt of the appeal. At least five (5) days prior to the hearing date, the grievant and the administrative representative presenting the opposing view shall each submit to the Hearing Panel all documentary evidence on which they intend to rely, together with a written statement summarizing their positions.

   The hearings shall be conducted with concern for due process. The grievant and the administrative representative shall be afforded the opportunity to testify, to call witnesses, and to introduce relevant documentary and other evidence in his/her behalf, as well as to confront and cross-examine all witnesses. The Vice President for Employee Relations, as well as the faculty members sitting with him/her, shall also have the right to question all witnesses.

   The administration will, insofar as it is possible for it to do so, secure the cooperation of necessary witnesses. Where a witness cannot or will not appear and where it is determined that the interests of justice require admission of his/her testimony, the Vice President for Employee Relations will identify the witness, and, if possible, disclose his/her statement and provide for interrogatories. Testimony and arguments made during the hearing shall be recorded if requested by either party, and the tape together with all documentary and other evidence admitted during the hearing, shall be preserved for use as warranted if an appeal is taken to Step 4.

   After discussing the matter with the hearing panel to determine if there is a consensus opinion which can be agreed upon, the Vice President for Employee Relations shall render his/her decision on the appeal, in writing, within ten (10) work days after the hearing with copies to the grievant, the AAUP, the Dean or Director, and the Chairperson. Either or both of the faculty members sitting on the hearing panel may, if they so choose, prepare a separate opinion stating his/her views, which opinion shall be appended to the decision of the Vice President for Employee Relations. It is understood that the Vice President for Employee Relations is not bound by the opinion of either or both faculty members on the panel.

   Step 4: If the grievant is not satisfied with the decision of the Vice President for Employee Relations and the matter involves a grievance as defined in 8.1 above, and if the AAUP concurs, the AAUP may file a written appeal within twenty (20) work days to the American Arbitration Association (AAA) for binding arbitration under its rules. The arbitration shall be by a neutral arbitrator selected under AAA rules, and the decision of the arbitrator shall not modify, change, add to, or subtract from any provision of this Agreement. The costs of arbitration by the AAA and its impartial arbitrator will be borne equally by the parties, and each party shall bear the costs of the presentation of its case.

3. Within twenty (20) work days after the signing of this Agreement, the AAUP and the administration will each prepare a list of ten (10) members of the bargaining unit willing and able to serve with the Vice President for Employee Relations in hearing grievances under Step 3. In the event that a grievance is taken to Step 3, the AAUP shall immediately select one person from the list prepared by the administration, and the administration shall select one person from the list provided by the AAUP. The two faculty members shall then sit with the Vice President for Employee Relations to hear the grievance as provided in Step 3. A faculty member chosen for the Hearing Panel shall disqualify himself or herself if any personal or professional conflict of interest would prohibit that person from reviewing the merits of the grievance fairly. Such faculty member, if he or she so chooses, need not disclose the nature of the conflict. Under any circumstances, the fact that the grievant is a faculty member or affiliated with a particular college, department or unit shall not in and of itself serve to disqualify another faculty member from hearing the matter. Should an individual disclose that a conflict exists which would prohibit the fair hearing of the appeal, either the grievant or the administrative representative may disqualify that individual, and another appointment shall be made.

4. Any written decision or written answer to a grievance made at any step which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. If a written decision or written answer to an appeal is not rendered by an administrator within the time limits specified in this Article, the grievant may take the matter to the next step.

5. At no step in the procedure shall a settlement be reached which is inconsistent with the provisions of this Agreement, unless both the administration and AAUP concur in writing.

6. No provision of this Article shall infringe upon the right of the AAUP to act as the sole and exclusive Collective Bargaining Agent as provided in Article III - Recognition, of this Agreement.

7. Two or more members of the bargaining unit within the same college or department alleging the same grievance concerning the interpretation, application, or claimed violation of any provision of this Agreement may file one grievance directly at Step 2 of the Grievance Procedure within the time limits set forth in Section 8.1, above.

8. Two or more faculty members from different colleges alleging the same grievance concerning the interpretation, application, or claimed violation of any provision of this Agreement may file one grievance directly at Step 3 of the Grievance Procedure within the time limits set forth in Section 8.1, above.

9. The AAUP may file a grievance in writing concerning the interpretation, application, or claimed violation of a provision of this Agreement which deals with rights granted to AAUP including the provisions of Article 5.11. Such grievance shall be filed directly with the Vice President for Employee Relations within the time limits set forth in Section 8.1, above. The Vice President for Employee Relations shall consider the grievance and shall reply in writing to the AAUP within twenty (20) work days after receipt of the appeal. If the AAUP is not satisfied with the written decision of the Vice President for Employee Relations, it may file a written appeal within twenty (20) work days as provided in Step 4, above.

10. If a grievance is the result of an action of an administrator above the level of department chairperson, the grievant may initiate his/her grievance at the administrative level where the action was taken or at Step 3. If the grievance results from the action of the President, it may be initiated at Step 3 or Step 4. Grievances under this section shall be initiated within the time limits set forth in Section 8.1, above.

11. The AAUP will be notified of all meetings and hearings which take place in the processing of a written grievance and shall have the right to have a designee present at all such meetings and hearings. The designee of the AAUP may represent the grievant, act as his/her advisor or as an observer, at the option of the grievant. The AAUP will be notified by the appropriate administrator at each stage of the grievance procedure and meetings will be scheduled at a mutually convenient time for all parties. If any member of the bargaining unit designates in writing the AAUP as his or her representative for purposes of handling a specific grievance, the AAUP may thereafter act in his or her behalf in any aspect of the grievance procedure so designated.