Article 5: Grievance Procedure

5.1 Purpose

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to problems, which may arise. There shall be no other grievance or appeal procedure for members of the bargaining unit other than that contained in this article. To the extent allowed by law, the Coalition and the employees agree that this grievance procedure shall be the exclusive forum for challenging any alleged violation of any provision of this Agreement. To the extent allowed by law, the Coalition and the employees waive any other right they have or may have to challenge any right or benefit set forth in this Agreement in another forum. In the event the Coalition or a bargaining unit employee files a complaint, grievance, challenge or any other legal process regarding language contained in this Agreement in a forum other than the grievance procedure contained in this Agreement, the issue shall be considered as a matter of contract as resolved in the favor of the College.

5.2 Definitions

5.2.1

A GRIEVANCE shall mean an allegation by an employee or the Coalition that there has been a violation of any provision(s) of this Agreement. The fact that an allegation has been made regarding an issue does not make that issue grievable.

5.2.2

A GRIEVANT shall be any employee or the Coalition.

5.2.3

DAYS shall mean workdays (Monday thru Friday) and shall not include holidays or recesses observed by CNM.

5.3 Procedures

5.3.1

The number of days indicated at each level of this procedure shall be considered maximum, and every effort shall be made to expedite the process.

5.3.2

Failure to submit the employers decision in writing within ten (10) workdays will cause the grievance to proceed automatically to the next level. Failure to file the grievance within the time limits specified shall result in the dismissal of the issues of the grievance and the grievance shall be null and void. Because the issues are null and void, they cannot be raised again in a grievance or challenged in any way by any other bargaining unit member or the union unless the parties agree there is a legitimate basis for doing so.

5.3.3

The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. The time limits shall not be considered waived or extended unless they are waived or extended in writing. A Coalition representative may waive or extend the time limits on behalf of an employee.

5.3.4

No reprisal or retaliation shall be taken against either a grievant or any individual as a result of participation in the processing of a grievance. 

5.3.5

A grievant may be accompanied and represented by the Coalition at any hearing or meeting conducted under this procedure. The College may also have representation of its choosing.

5.3.6

An employee, acting individually, may present a grievance without the intervention of the Coalition provided the grievance has been processed in accordance with this procedure. At any hearing (Department Head Level or above) of a grievance brought individually by an employee, the Coalition shall be afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the provisions of this Agreement.

5.3.7

If a grievance affects a group of two or more employees or involves a decision or action by CNM, which has a division-wide impact, the Coalition may submit the grievance on behalf of the affected employees at Level 3 of this procedure. The parties may submit this grievance at Level 1 if all of the employees affected by the grievance have the same supervisor.

5.3.8

The parties may facilitate any investigation which may be necessary in order to expedite the process and provide information which is relevant to the issues addressed in the grievance. This investigation may include the sharing of relevant documents, facts, records and data in the possession of either party.

5.3.9

All written and printed matter dealing with the processing of a grievance will be filed separately from the official personnel file. This excludes any documents, which precipitated the grievance unless removed as a settlement of a grievance.

5.3.10

Upon written agreement between CNM and the employee, leave with pay may be granted to an employee to participate in a grievance meeting.

5.3.11

Grievance proceedings shall be kept informal at all levels of this procedure.

5.3.12

The grievant must file a written grievance within ten (10) workdays of the day the grievant knew or reasonably should have known of the incident that precipitated the grievance. Failure of the grievance to conform to this time frame shall render the grievance null and void.

5.3.13

At any stage of the procedure, the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the proceeding is initiated, the grievance time limits will be tolled by the mutual written agreement of the parties. The proceeding shall be conducted by a representative appointed by the Coalition and one appointed by the College. If either party determines that the proceeding should be terminated, the moving party may end the proceeding by submitting a notification in writing to the other party of its intent to terminate the proceeding and reinstate the time limits.

5.4 Level One

5.4.1

The grievant and/or the Coalition shall submit the grievance in writing to the immediate supervisor during an informal meeting and must provide a copy to the Chief of Security and CNM’s Labor Relation’s Officer. The grievant and/or the Coalition shall contact the immediate supervisor to request the informal meeting. The parties will establish the date, time, and location of the meeting by mutual agreement. To be considered, the grievance must contain at a minimum what contractual provision(s) of this collective bargaining agreement has been violated, the dates and known times of the incident precipitating the grievance, the facts constituting the violation, all known witnesses, and the relief requested. If the grievance does not comply with all the provisions of this grievance procedure, the issues of the grievance shall be null and void.

5.5 Level Two

5.5.1

If, after ten (10) days following the informal meeting, the grievance is not resolved, the grievant or the Coalition representative may submit an appeal of the denial of the grievance in writing to the Chief of Security.

5.5.2

No later than ten (10) days following receipt of the grievant's written appeal, the Chief of Security shall schedule a meeting in an attempt to resolve the grievance. Each party shall be entitled to bring documents and witnesses to the hearing in order to present exhibits and testimony on their behalf.

5.5.3

No later than ten (10) days following the conclusion of the meeting, the Chief of Security shall present a written response to the grievance. The response shall be submitted to the grievant and/or the Coalition.

5.6 Level Three

5.6.1

If the grievant is not satisfied with the response of the Chief of Security he/she may appeal the decision to the Executive Director of Human Resources. Within ten (10) days of receipt of the grievance the Executive Director of Human Resources shall submit a response to the grievant.

5.7 Arbitration

5.7.1

If the Coalition and the grievant are not satisfied with the Human Resources' grievance disposition, the grievant may appeal the grievance to arbitration by submitting a written request (without special requirements unless mutually agreed upon) for arbitration to the Federal Mediation and Conciliation Service (FMCS) with a copy to the Human Resources Department. The appeal must be postmarked or sent via email, including a copy to the CNM Labor Relations Officer, no later than (ten) 10 days from the date a response was provided to the grievant. After this (ten) 10 days the grievance shall be considered mull and void.

5.7.2

The parties shall attempt to agree upon a mutually acceptable arbitrator from the list provided by FMCS. If the parties are unable to agree on a mutually acceptable arbitrator each party shall strike one name followed by the other party striking one name until only one name remains and that person shall become the arbitrator. The party required to strike the first name will be the party that initiated the grievance. By mutual agreement the parties may strike names over the phone or through e-mail.

5.7.3

The arbitrator shall conduct a hearing as soon as possible.

5.7.4

The arbitrator may establish the rules of procedure and, at the arbitrators discretion, may require the parties or witnesses to testify under oath or affirmation or, upon demand of either party, shall require the parties or witnesses to testify under oath or affirmation.

5.7.5

The arbitrators decision shall be submitted in writing no later than thirty (30) days after the conclusion of the hearing.

5.7.6

Issues related to the arbitrability of a grievance shall be decided by the arbitrator. If the College is challenging the arbitrability of the grievance it shall notify the grievant and obtain a second list of arbitrators from the FMCS for the limited purpose of determining arbitrability. The parties shall strike names in accordance with the provisions herein.

This arbitration on the question of arbitrability must be resolved prior to a hearing on the merits of the grievance, however this provision shall not prevent striking names for an arbitrator to hear the merits of the grievance. The intent of this provision is to resolve the arbitrability question through the submission of briefs, supported with exhibits and/or affidavits as necessary or as determined by the arbitrator. If the arbitrator concludes that the issue is arbitrable the parties shall schedule the arbitration with the arbitrator selected to hear the merits of the case. If the arbitrator concludes the grievance is not arbitrable the grievance on the merits is dismissed and the issue is null and void.

5.7.7

The arbitrator's decision shall be in writing and shall include the decision, rationale and, if appropriate, the relief.

5.7.8

The arbitrator's decision shall be final and binding on the parties.

5.7.9

The arbitrators fees and costs including the cost of the transcript shall be shared equally by the parties. Other costs shall be assumed by the party incurring the costs, including the cost of witnesses. Unless the grievant is represented by the Coalition, the College may require that the grievant post the party's share of the expenses in advance of the hearing.

5.7.10

The arbitrator shall have no power to expand or add to the rights the employees or the Coalition have under the terms of this Agreement.