COLLECTIVE BARGAINING AGREEMENT Between NEW YORK UNIVERSITY
And LOCAL 810 I.B.T
July 1, 2002-June 30, 2007
ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURE
A. A grievance within the meaning of this Agreement shall be any dispute or
difference between the Employer and the Union respecting any of its members
employed by the Employer as to the interpretation, application, or operation
of any provision of this Agreement.
B. An aggrieved employee or the Union shall present a grievance within twenty
(20) days of its occurrence.
C. The steps set forth below will be followed in the processing of grievances:
Step 1. Grievances shall be reduced to writing and sent to the appropriate
managerial official in charge of the unit where the employee works, or his/her
designee(s). The written grievance must set forth the basis therefore with reasonable
particularity, including a designation of the article of the Agreement relied
upon and the remedy requested. The managerial official referred to above or
that person's designee and the appropriate Shop Steward and employee will meet
within fifteen (15) days of the submission of the grievance and discuss the
grievance. The managerial official or designee shall respond to the grievance
in writing within ten (10) days from the discussion of such grievance with the
Shop Steward and employee. If the grievance is not adjusted to the Union's satisfaction,
it may appeal the matter to Step 2.
Step 2. A grievance not settled in Step 1 may be appealed in writing to the
Director of Labor Relations within fifteen (15) days of the Step 1 denial. The
Union representative and the Director of Labor Relations or that person's designee
shall, within fifteen (15) days of receipt of the appeal, meet to discuss the
grievance. The Employer will render a decision in writing to the union within
ten (10) days of the Step 2 meeting.
Anything to the contrary herein notwithstanding, without waiving its statutory
or other rights, the Employer may present a grievance initially at Step 2 by
notice in writing addressed to the Union at its offices. The Union must meet
with the Employer's representative within fifteen (15) days of receipt of the
grievance and respond in writing within ten (10) days of the meeting unless
the grievance alleges a violation of the no strike provision (Article 8) in
which case the Union must meet with the Employer's representative within five
(5) days and render its decision in writing within ten (10) days of the Step
2 meeting.
All time limits herein specified shall be deemed to be exclusive of Saturdays,
Sundays and holidays. The time limits herein may be extended by mutual agreement.
Failure on the part of the Employer to answer a grievance at any step shall
not be deemed acquiescence thereto, and the Union may proceed to the next step.
Step 3. If either party is not satisfied with the Step 2 response, the grievance
may be taken to arbitration within thirty (30) days of receipt of the Step 2
response.
If the parties can not agree on an arbitrator, the aggrieved party shall request
arbitration by giving notice to that effect to the American Arbitration Association
with a copy to the other party. The selection of the arbitrator shall be from
panels submitted in accordance with the rules of the American Arbitration Association.
The arbitrator shall have jurisdiction only over disputes arising out of grievances,
as defined in paragraph A above, and shall not have the authority to add to,
subtract from, modify or amend in any way the provisions of this Agreement.
The decision of the arbitrator shall be final and binding upon the Union,
the Employer and the employees. The fees and expenses of the American Arbitration
Association and the arbitrator shall be borne equally by the parties.
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