4.1 Grievance Definition. A grievance is a complaint by the Union, on behalf of one (1) or more unit members (who shall be specifically identified in the grievance), or on its own behalf (as specified in Section 4.6.2), concerning an alleged violation of a specific provision(s) of this Agreement initiated by a unit member(s). All grievances shall be adjusted through the grievance procedure provided in this Article.
4.2 Time limits. In computing any time limit herein specified, Saturdays, Sundays, and holidays will be excluded. Unless extended by mutual written agreement, the time limits specified herein shall be the maximum time allowed. Failure to comply with time limits on the part of the Board's administrative agent shall permit the grievance to proceed to the next step.
4.3 Informal Resolution. A unit member (or group of unit members) who claims that the contract provisions have allegedly been violated shall initially seek to resolve the problem by informal means (i.e., special conference, referenced in section 1.3.2) and/or through administrative channels, with, however, the right to prompt reply to their inquiries. A unit member may request that a steward be present at any meeting regarding an alleged contract violation.
4.4 Grievance Procedure. Failing resolution of a problem by informal means, the Union shall initiate the grievance procedure by serving a written grievance on the employee's immediate supervisor or other designated administrative official. The grievance shall be signed by the appropriate Union representative and the unit member(s) involved, shall concisely state the facts upon which the grievance is based and the contract provision(s) which have allegedly been violated, and shall specify the relief or remedy sought. The grievance shall be filed within fourteen (14) working days after the Union or the unit member(s) on whose behalf the grievance is filed became aware, or reasonably should have become aware, of the action complained of. If the grievance is not served within that time, the grievance is barred.
4.4.1 Step One: Supervisor. Upon receipt of the written grievance, the supervisor or designated administrative agent shall arrange a meeting to discuss the grievance with the grievant(s) and with the appropriate representative of the Union. This discussion shall be completed within seven (7) working days after the grievance is filed. If the grievance is adjusted to the satisfaction of the Employer and Union, the adjustment will be reduced to writing and signed by the supervisor or designated administrative agent and the representative of the Union. If there is no mutually agreeable adjustment, the supervisor or designated administrative agent shall provide the Union representative with a written answer stating the reasons for denial of the grievance. Such answer shall be provided within seven (7) working days of the meeting with the Union.
4.4.2 Step Two: Department Head. If the grievance is not satisfactorily adjusted in Step One, the Union may within five (5) working days of the Step One written answer request in writing that the grievance be presented to the department head or other designated administrative agent, setting forth its objection to the Step One answer. Upon receipt of the written appeal, the department head shall arrange a meeting to discuss the grievance, answer, and appeal with the grievant(s), the Union appointed representative, and the supervisor involved. This discussion shall be completed within seven (7) working days after the filing of the request to have the grievance considered in Step Two. If the grievance is satisfactorily adjusted at this Step, the adjustment will be reduced to writing and signed by the department head or other designated administrative agent and the Union representative. If there is no mutually agreeable adjustment, the department head shall provide the Union representative with a written answer stating the reasons for denial of the grievance. Such answer shall be provided within seven (7) working days of the meeting with the Union.
4.4.3 Step Three: Director of Human Resources. If the grievance is not adjusted in Step Two, the Union may within ten (10) working days of the Step Two written answer submit the grievance to the office of the Director of Human Resources. The Director of Human Resources, or the director’s designee, shall promptly arrange a meeting to discuss the grievance and the written answer and appeals. The Union may be represented by its President, or designated representative, by the grievant and/or Union steward, and by the Union's international representative.
This discussion shall be completed within ten (10) working days after the filing of a request to have the grievance considered in Step Three. If the grievance is satisfactorily adjusted, the adjustment will be reduced to writing and signed by the appropriate representatives of the Board and Union. If there is no mutually agreeable adjustment, the Director of Human Resources or the Director's designated representative shall provide the Union with a written answer stating the reasons for denial of the grievance. Such answer shall be provided within seven (7) working days of the meeting with the Union.
4.5 Arbitration Procedure. If the grievance is not satisfactorily adjusted in Step Three, the Union may submit the grievance to binding arbitration by written submission to the American Arbitration Association (Detroit, Michigan office), with simultaneous written notice to the Board, within ten (10) working days after the Union's receipt of the written answer at Step Three. The arbitrator will be selected from the list of arbitrators furnished by the American Arbitration Association. The arbitrator will be selected and the arbitration will be conducted under the then current Labor Arbitration Rules of the American Arbitration Association.
4.5.1 The arbitration hearing shall be held at a time and place mutually agreed upon by representatives of the Employer and the Union. All employees whose presence is required for the purpose of testifying shall be excused from work for that purpose with pay. The Union shall submit a list of those to be present at least seven (7) working days prior to the arbitration hearing to the Director of Human Resources for approval and notification to the affected departments. If the Union discovers any additional persons after the seven (7) day period, it shall notify the Employer as soon as it becomes aware of the necessity of their presence at the hearing.
4.5.2 The arbitrator's decision of the grievance shall be binding upon the Union, the Board, and any unit member(s) involved. The arbitrator's decision shall be based solely upon the express and specific provisions of this Agreement, without addition, subtraction, or modification. The Board and the Union will bear their own expenses individually and will share equally the fees and expenses of the arbitrator and the American Arbitration Association.
4.5.3 Both parties may agree to expedited, streamlined, or any other arbitration procedures, on a case by case basis. In the event there is not mutual consent, the arbitrator will be selected and the arbitration will be conducted under the current Labor Arbitration Rules of the American Arbitration Association.
4.5.4 Where no loss of wages or fringe benefits has been caused by the action of the Board complained of, the arbitrator shall not recommend that the Board be obligated to make monetary adjustments.
4.5.5 Arbitration awards will not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based. In no event shall monetary adjustments of a grievance cover a period prior to ninety (90) days before the filing of the written grievance.
4.5.6 By mutual agreement an arbitrator can issue a decision, verbally or written, immediately following conclusion of the hearing. In the event of a verbal decision, the parties request that the arbitrator will confirm the award in a brief written memorandum within seven (7) working days.
4.6 Notes And Information.
4.6.1 In the event the Union brings a grievance on behalf of more than one (1) unit member, the grievance shall identify all members on whose behalf it is being brought. When all the members involved in the grievance are within the same department or division, the grievance may be filed at Step Two of the grievance procedure. If the grievance involves members from more than one (1) department, the grievance shall be filed at Step Three.
4.6.2 In the event the Union wishes to submit a grievance on behalf of its entire membership, it shall indicate that the grievance is being brought on behalf of all unit members, and it shall reduce the grievance to writing (in accordance with the requirements of Section 4.4) and submit it at Step Three of the grievance procedure.
4.6.3 Any adjustment of a grievance agreed upon by the Board and the Union at any stage of the grievance procedure shall conclusively dispose of the grievance and shall be binding upon the Board, the Union, and any unit member(s) involved.
4.6.4 Failure by the Union to appeal a grievance from one step to the next within any of the time limits specified above shall result in the grievance being settled on the basis of the Employer's last answer. However, this does not relax any of the time limitations. The Union may withdraw a grievance without prejudice and without establishing a precedent at any step of the grievance procedure.
5.1 Workweek. The normal workweek consists of 40 hours in a one-week period with at least two consecutive days off for full time employees. Offices must remain open during university hours, which are normally from 8:00 a.m. until 5:00 p.m. A flexible schedule of hours and staggered shifts may be maintained in some departments by mutual agreement of supervisor and employee(s).
5.2 Less Than Twelve (12) Month Work Assignment. For those employees whose work assignment is less than twelve (12) months during the fiscal year, information will be provided via MyNMU and the Human Resources website by the Human Resources Department on an annual basis, advising employees of the number of days off contract during the fiscal year.
5.3 Shift Hours. The first shift is any shift that regularly starts on or after 5:00 a.m. but before 1:00 p.m. The second shift is any shift that regularly starts on or after 1:00 p.m. but before 9:00 p.m. The third shift is any shift that regularly starts on or after 9:00 p.m. but before 5:00 a.m.
|Second Shift||Third Shift|
Such differential is to be added to the total wages and does not increase the hourly rate and will be paid for all hours worked on a shift. In the event overtime hours are worked, the employee is only entitled to shift differential as determined by the employee's starting time plus overtime pay.
5.5 Wellness Breaks. Wellness breaks shall be taken in a manner that does not interfere with the efficiency of the work unit. Employees may take a paid wellness break of not more than fifteen (15) minutes up to twice a day and not to be used to cover an employee’s late arrival to work, early departure, or to extend an unpaid lunch break. However, special considerations will be given by the supervisor to accommodate the late arrival or an extended lunch due to attending a fitness class/session. Denial of such requests must be provided in writing to the employee and copied to the director of human resources or the director’s representative.
5.6 Travel. Employees who are required to travel for job related purposes shall be compensated in accordance with state and federal laws.
5.7 Call In Pay. If an employee is called in to work for a period which is outside and not continuous with the employee's regular work period, the employee shall be guaranteed at least four (4) hours of work and pay at the rate of time and one half.
5.8 Overtime. Overtime will be voluntary provided sufficient other qualified employees capable of doing the work are available in the department. All overtime shall be divided as equally as possible within the same department. If sufficient other employees capable of doing the work are not available, an employee scheduled to work will do so unless excused by the Employer. The Employer will give advance notice of overtime assignments when practicable under the circumstances. An employee who reports for scheduled overtime work and no work is available will receive four (4) hours of pay at the employee's overtime rate.
5.8.1 Time and one half of the regular straight time rate will be paid for all time worked in excess of eight (8) hours per day and/or forty (40) hours per week. Individuals who are on a mutually agreed-upon flexible schedule (e.g., four (4) ten (10)-hour workdays), which require more than eight (8) hours per day, will be eligible for overtime pay only after forty (40) hours per week.
5.8.2 An employee who is on vacation shall be paid time and one half of the regular straight time rate when reporting for duty at the Employer's request and will be given equal time off with pay at a later date, the time to be arranged with the employee's supervisor.
5.8.3 Time and one half will be paid for all time worked on a designated holiday or seasonal bonus day. If the employee is not given an additional day off for the holiday on which the employee is scheduled to work, the employee will receive holiday pay in addition to the time and one half for the time worked.
5.8.4 For the purpose of computing overtime pay for over forty (40) hours in the employee's workweek, a holiday, vacation day, seasonal bonus day, inclement weather day for which the employee receives pay will be counted as a day worked.
5.8.5 In no case shall premium pay be paid twice for the same hours worked.
5.8.6 All employees covered by this Agreement will have an unpaid lunch period of sixty (60) or thirty (30) minutes.
5.8.7 Student employees shall not be allowed to perform work that would normally be performed by bargaining unit employees on an overtime basis. Such overtime work will first be offered to bargaining unit employees in the department before it is offered to student employees. This provision shall not operate to prevent student employees from doing work normally performed by student employees (see Section 1.5.2) who are normally scheduled to work beyond the normal work day.
5.8.8 Compensatory Time. Any hours over forty (40) hours per week will be paid at the overtime rate. Alternatively, at the employee's request and with approval of the employee's supervisor, an hour and one half of compensatory time off shall be allowed for each hour of overtime worked. Every effort should be made to take compensatory time within thirty (30) days of the hours worked, provided that it does not unduly disrupt the operations of the employer.
6.1 Just Cause. The Employer shall not discharge or take other disciplinary action without just cause. A rule, regulation, or requirement shall be deemed reasonable for purposes of arbitration, unless the Union has notified the Employer in writing of its contrary opinion within thirty (30) calendar days after the Union receives a copy of the rule, regulation, or requirement.
6.2 Causes for Discharge or Discipline. The following, by way of illustration, but not of limitation, are just causes for discharge or discipline:
a. Present inability to perform the work assigned (Refer to Section 7.1 for the definition of "Ability to perform the work")
b. Violation of published Employer ordinances
c. Disorderly conduct
d. Willful neglect or destruction of Employer property
e. Theft, or attempted theft of property from the Employer, its visitors, patrons, or employees
f. Working under the influence of alcohol
g. Falsification of information on job application, time records, or other Employer records
6.3 Corrective Discussion. Disciplinary action will not be taken, except in cases requiring immediate suspension or discharge or in cases involving the violation of federal and/or state law, unless the supervisor has previously held a corrective discussion with the employee for the purpose of identifying perceived work-related problems or behavior. The supervisor will prepare a written record of the corrective discussion and the expected outcomes, to which the employee will be given an opportunity to prepare a brief written response. The employee will receive a copy of the written record, as per Article 1.10. The employee has the option of requesting steward presence at this corrective event.
6.3.1 Neither the Union nor the affected employee has recourse through the grievance procedure with respect to the corrective discussion. Although this preliminary step must be taken prior to invoking the formal disciplinary process, this section in no way affects a supervisor’s discretion with respect to the evaluation process.
6.4 Investigation. When the Employer conducts an investigatory interview for the purpose of considering disciplinary action, the employee will be given notice prior to the interview that discipline may result from the interview. The employee has the option of requesting steward presence at this corrective event. It is understood and agreed that union members will cooperate with any disciplinary investigation.
6.4.1 Union Notice. When the Employer takes disciplinary action against an employee, except verbal reprimand, the employee, the employee's steward, and the Union President shall be given notice setting forth the reasons for the action. Except in cases involving severe infractions, disciplinary measures are to be taken in a progressive manner beginning with a verbal warning. In those cases involving severe infractions, discipline will range from a disciplinary layoff to discharge.
Progressive steps in disciplinary actions:
1. Verbal warning with record of the discussion placed in personnel file, with copy to employee
2. Written warning placed in personnel file
3. Time off without pay (may be repeated once; varies from 3-15 days), noted in personnel file
6.5 Time to Confer. If the Employer discharges or suspends an employee without pay, the employee shall be permitted a reasonable period of time to confer with the employee's steward before being required to leave the Employer's premises. Exceptions may be made when the immediate removal of the employee is required because of violent behavior of the employee or to protect the safety of University personnel or prevent damage to University property or for reasons of similar gravity.
6.6 Grieving Discipline. Any grievance protesting discharge or suspension shall be filed within five (5) working days from the date of receipt of the written notification of the action and shall be entered at Step Two of the grievance procedure. If a Notice of Intent to Arbitrate is not submitted by the Union in accordance with Section 4.5 within ten (10) working days following receipt of a decision by the Employer, the matter will be considered closed.
6.7 Prior Incidents. In taking disciplinary action, the Employer shall not take into account any prior incidents which occurred more than two (2) years previously, except in such cases where recurring patterns of behavior are exhibited (indicating multiple corrections for the same issue).