SECTION 1. Rationale. The Management and the Union agree to work as partners through friendly dialogues in finding mutually acceptable win-win solutions to grievances and issues and other concerns that confront them in the course of performing their respective roles and functions in the University.

The Management and the Union recognize their mutual responsibilities for the prompt and orderly disposition of all grievances as herein below defined. To this end, the Management and the Union mutually agree that they utilize the procedures herein below outlined as the sole and exclusive means of processing and resolving all grievances, and as the exclusive substitute for any concerted or individual activity relating to employer-employee relations. The Management and the Union will work diligently to bring about prompt resolutions of all grievances in conformity with the procedure herein below outlined and consistent with this Agreement and the law.

SECTION 2. Definition. A grievance is defined as any dispute arising out of the interpretation and application of any provision or provisions of this Agreement while a complaint is any dispute which does not involve the interpretation or application of the Agreement but which arises in the course of employment relationship.

SECTION 3. Protocols.

a. A grievance may be filed within thirty (30) calendar days after the cause arises. Failure to do so may be deemed a waiver of any cause or causes for the grievance to the action of the other party. Any grievance referred to the Grievance machinery shall preclude and/or bar the conduct of any investigation or disciplinary action against a Union member.

b. The Management and the Union mutually agree that all grievances against a Union member shall first be processed and exclusively resolved under the Grievance Machinery which should be conducted during working hours at the mutual convenience of their representatives.

c. The Management agrees to grant time off with pay including overload and other similar loads to four (4) Union representatives assigned by the Union to assist the grievant or complainant in all steps of the procedure.

d. An employee’s grievance shall be discussed initially between the grievant and the respondent with the presence of the Union representatives and immediate supervisor, and every reasonable effort shall be exerted for the prompt resolution.

e. In the event the grievance is not settled satisfactorily, it shall be reduced to writing signed by the faculty member and the Union representatives, and formally processed in accordance with the following procedure:

f. The attendance of the grievant, respondent, Union and Management representatives is strictly required for the resolution of the grievance.

g. A joint written resolution of the grievance by the Management and the Union in any of the above steps shall be deemed as a final settlement for grievances.

h. The Management and the Union agree to keep all Grievance Proceedings confidential.

i. Arbitration shall be availed of in the event that no resolution or settlement is made in any grievance. An arbitrator or arbitrators shall be mutually chosen by the Management and the Union from a list that each submits to the other upon written request. Should there be a difficulty in choosing the arbitrator or arbitrators, the list of arbitrators submitted by the Management and the Union shall be raffled off and the name/s drawn shall be the arbitrator or arbitrators. The arbitrator or arbitrators shall have the authority to mediate, conciliate and arbitrate.

j. The cost of Arbitration shall be borne by the Management and Union equally.