XXI Part-Time Faculty

XXII Retrenchment

XXIII No Strike

XXIV Personnel Files

XXV Grievance Procedure

21.1

(a) a temporary interruption of service of four semesters or less caused by the Employer/University Administration;

(b) a temporary interruption of service of four semesters or less for professional development recommended by the chairperson/head and approved by the dean;

(c) a temporary interruption of service of two semesters or less for purposes of introducing a new child--natural, adoptive, or foster--into the household; or for medical reasons.

21.2

2. Faculty who are employed on a part-time basis shall be entitled to appropriate fringe benefits in accordance with state rules, regulations or statutes. The University will, subject to any necessary approvals by the Group Insurance Commission and the State Retirement Board, and for the life of the Agreement, provide benefits to bargaining unit members currently teaching two courses, based upon the following requirements:

1. Part-time faculty members who have begun their second year of consecutive service beyond entrance into the bargaining unit and have an established teaching pattern of two courses (excluding grant/contract-funded courses that are not and do not subsequently become part of the regular curriculum and excluding all summer Continuing Education courses, but including all fall and spring Continuing Education courses) each semester will be eligible for consideration of benefits. Continued eligibility will be based upon continued teaching at this pattern and continued unit status. Assignment of courses and sections will be subject to availability of funding, departmental need, and the unit member’s position on the department’s prioritized list. Consistent with other applicable contractual provisions and departmental need, every effort will be made to ensure that eligible faculty are not denied access to teaching state-funded courses. In no case shall the University be required to make available courses or sections to meet the provisions of this Agreement.
2. Unit members who have met the eligibility requirements and wish to be considered for benefits, in any semester in which they are teaching two courses or sections that count toward unit membership, will also be assigned additional weekly responsibilities in assisting the department chairperson or his or her designee on scheduling matters or other appropriate professional matters the chairperson or designee may determine.
3. These additional responsibilities, together with the two course or section assignment, will result in the bargaining unit member being given a half-time (50%) appointment, making the member eligible for benefits.
4. The unit member will be paid in base salary an additional two hundred dollars ($200.00) in each semester in which he or she is assigned the additional responsibilities.
5. Implementation details, including but not limited to starting date and conversion to nine-month appointments, are to be determined.
6. Fall and spring Continuing Education courses of three or more credits each shall be included in determining eligibility for benefits under this Section.

21.3 Part-time faculty members' workload shall normally consist of teaching and directly related responsibilities, such as regularly scheduled office hours and normal extra- classroom instructional assistance to students. In cases where part-time faculty perform additional workload assignments, such assignments and the compensation to be paid shall be mutually agreed upon by the Employer/University Administration and the part-time faculty member and shall be specified on his/her appointment and reappointment forms.

21.4 Subject to the availability of funds and programmatic and scheduling need for part- time faculty, the department chair/head shall, in conjunction with the departmental personnel committee or, where one does not exist, any other appropriate mechanism, establish prioritized lists of names for hiring part-time faculty. Each department/program shall establish evaluation procedures as provided in Sections 21.4 through 21.7 to guarantee that such individuals perform satisfactorily in order to be eligible for future hirings. Subject to the above conditions, the department/program shall, when feasible, recommend the hiring of bargaining unit part-time faculty before hiring nonbargaining unit part-time faculty. Such recommendations shall be forwarded to the dean for review and appropriate action. Courses taught in different departments shall be included in the calculation of unit membership as described in Article 21.1 but shall not be included for placement on a department's priority list as described in Article 21.4 unless the department head establishing the priority list approves an exception.

21.5 In conjunction with the departmental personnel committee or, where one does not exist, any other appropriate mechanism, the department chairperson/head and academic administrative officials, as appropriate, shall evaluate part-time faculty at least once annually on an appropriate form. The form will provide an appropriate space for the evaluation of any assigned duties other than teaching.

21.6 During a part-time faculty member's annual review, the departmental personnel committee or, where one does not exist, any other appropriate mechanism, shall examine the part-time faculty member's performance in teaching, including student evaluations. Each department shall develop or adopt one or several forms appropriate to the evaluation of part-time teaching in that department, as well as procedures for the administration of student evaluations of part-time teaching.

21.7 Upon the request of a part-time faculty member, the chair of the departmental personnel committee or, where one does not exist, any other appropriate mechanism, or the chairperson/head shall meet once with the part-time faculty member to discuss or obtain information with regard to the faculty member's performance and/or the written comments already provided. Each part-time faculty member retains the right to respond in writing to any written comments by any individual or group of individuals on his/her evaluation form and to have the response affixed to the evaluation.

21.8 Student evaluations of part-time faculty shall be kept on file in the department or program office for a period of three (3) years.

21.9 When a course usually taught by a full-time faculty member requires staffing and the Employer/University Administration, after consulting with the departmental personnel committee or, where one does not exist, any other appropriate mechanism, determines that this course can best be taught by currently employed qualified part-time bargaining unit members, they shall be offered the assignment in order of the priority lists provided for in Section 21.4.

21.10 Once the scheduling for a semester begins, the chairperson/head shall, upon request, provide a part-time faculty member with an estimate of the department's need for part- time faculty for the semester being planned and the likelihood of the individual's being hired for that semester.

21.11 Upon request, the chairperson/head shall indicate a part-time faculty member's position on the prioritized lists for part-time hiring.

21.12 Effective September 1, 1987, and subject to Section 21.4 and where a past history in the department/program demonstrates a continuity of need, the Employer/University Administration will increase the percentage of academic year contracts for bargaining unit part-time faculty to a minimum of forty (40) percent of the total of such positions in the bargaining unit and the percentage of two year contracts for bargaining unit part-time faculty to a minimum of an additional fifteen (15) percent of the total during the term of this Agreement.

21.13 Effective September l, l986, the salary of a part-time bargaining unit member promoted to the rank of part-time assistant professor, part-time associate professor, or part-time professor with the responsibility of teaching two (2) courses per academic year and with proportional responsibilities in the areas of research, creative or professional activity and service shall be at least one-third (l/3) of the appropriate starting salary for the rank and department and for a faculty member with his/her qualifications and experience; with the responsibility of teaching three (3) courses per academic year and with proportional responsibilities in the areas of research, creative or professional activity and service shall be at least one-half (l/2) of the appropriate starting salary described above; or with the responsibility of teaching four (4) courses per academic year and with proportional responsibilities in the areas of research, creative or professional activity and service shall be at least two-thirds (2/3) of the appropriate starting salary described above.

21.14 Sections 21.5 and 21.8 shall not be grievable pursuant to Article XXV, Grievance Procedure. Section 21.3 may be grieved only through Level Two of the grievance procedure in Article XXV.

22.1 Introduction: The parties agree that the Employer's/University Administration's right to institute retrenchment in a financial exigency carries with it the obligation, as befits a step with such serious consequences for the institution and for individuals, to seek the advice of faculty, librarians and other affected constituencies before and during such actions, to search for alternative measures to effect the desired ends, to attempt to safeguard the constitutional and property rights of faculty and librarians in continued employment and to preserve, to the greatest extent possible, the quality of the educational process at the University.

22.2 Definition: For purposes of this Article, "retrenchment" shall be defined as the involuntary reduction or abrogation by the Employer/University Administration of a contract of a nontenured bargaining unit member prior to the expiration date of his/her current period of appointment or the involuntary reduction or abrogation by the Employer/University Administration of a contract of a tenured bargaining unit member, subject to the recall and other provisions of this Article. "Retrenchment" shall not include suspension, reduction in appointment or termination pursuant to Articles VII, XVII or XVIII of this Agreement. No bargaining unit librarian shall hold retrenchment rights superior to bargaining unit librarians on five-year just cause contracts.

22.3 Effect of Article: In the event that the provisions of this Article conflict with any other provision(s) of this Agreement, the provisions of this Article shall prevail.

22.4 Procedures for Retrenchment for Financial Reasons:

(a) The procedures in Section 22.4 shall apply in all instances where the Employer/University Administration anticipates that retrenchment for financial reasons may be necessary.

(b) If the Employer/University Administration determines that retrenchment for financial reasons may be necessary, it shall so notify the Union, governance bodies and other appropriate faculty/librarian groups and shall provide said groups with a preliminary retrenchment plan, which shall address the reasons for the anticipated retrenchment, the amount of the anticipated retrenchment and the areas proposed for retrenchment.

(c) Accurate information, statistics and/or financial data related to such plan shall be made available by the Employer/University Administration for inspection and/or copying upon request of the above groups.

(d) The Employer/University Administration shall provide a reasonable period of time and, whenever possible, a minimum of thirty (30) days from the issuance of the preliminary retrenchment plan, to receive advice from the above groups.

(e) If, after having considered the advice of the above groups, the Employer/University Administration determines that retrenchment remains necessary, the Employer/University Administration shall issue a final retrenchment plan, which shall state the units in which retrenchment shall occur, the extent of retrenchment in each such unit and, if known, the projected duration of retrenchment. In developing the final retrenchment plan, the Employer/University Administration shall address the following considerations:

(1) the mission of the affected unit(s) and how circumstances have altered that mission;

(2) the dependence of other unit(s) of the University on the unit(s) affected;

(3) duplication elsewhere in the University of the offerings of the unit(s) affected and/or arrangements to replace offerings lost;

(4) arrangements to allow students in the affected unit(s) to satisfy academic needs or requirements;

(5) possible consequences to the stature of the University;

(6) status of faculty or librarians involved and their possibilities of re- employment elsewhere in the University;

(7) the problems inherent in making programmatic decisions within the time constraints imposed;

(8) the advisability of program curtailment as opposed to program abolition.

(f) Once a determination has been made to retrench bargaining unit members within a particular unit, the order of retrenchment of bargaining unit members within said unit shall be:

(1) Part-time bargaining unit members, temporary bargaining unit members and bargaining unit members on terminal appointments;

(2) Probationary full-time faculty and librarians not serving on five-year reappointments; and

(3) Tenured faculty and librarians serving on five-year reappointments.

(g) In selecting among bargaining unit members within categories in Subsection 22.4 (f) (2) and (3), the order of retrenchment shall be in inverse order of seniority, provided that the Employer/University Administration may disregard said order if the Employer/University Administration determines that continued employment of a bargaining unit member(s) is essential to:

(1) the mission and purpose of the unit or the University;

(2) the integrity or operation of the unit; or

(3) the campus affirmative action goals.

The Employer/University Administration shall notify the Union of each such exemption claimed.

22.5 Procedures for Retrenchment for Programmatic Reasons:

(a) The procedures in Section 22.5 shall apply to all instances of retrenchment not subject to Section 22.4.

(b) It is the responsibility of the Employer/University Administration to determine which academic and library units are appropriate to the educational mission of the University. The Employer/University Administration may determine that a particular unit shall be discontinued or reduced in size. Although it is the Employer/University Administration that must make such a determination, it is desirable that such a serious decision be preceded by careful consideration and appropriate consultation.

(c) The Employer/University Administration agrees that, in the event an academic or library unit is proposed for termination or reduction, the unit concerned and governance bodies (in accordance with Article XIII) shall be provided with not less than ninety (90) calendar days between September 1 and June 30 to present advice on the Employer's/University Administration's proposal. The Employer/University Administration agrees that in arriving at a decision to retrench for programmatic reasons, it shall address the considerations specified in Subsection 22.4(e) (1) through (6) as well as consistency with officially adopted long-range plans cited in Subsection 12.7(b).

(d) In the event that the Employer/University Administration determines to retrench fewer than all of the bargaining unit members in a particular unit, the order of retrenchment within said unit shall be as set forth in Subsections 22.4 (f) and (g).

22.6 Rights and Benefits of Retrenched Bargaining Unit Members:

(a) Notice

(1) With regard to retrenchment pursuant to Section 22.4, bargaining unit members to be retrenched shall be informed as soon as possible of their selection. When circumstances permit, the Employer/University Administration shall provide a minimum of fifty-two (52) weeks' notice to tenured bargaining unit faculty with ten (10) or more years of seniority and to bargaining unit librarians on five-year reappointments with ten (10) or more years of seniority; thirty-seven (37) weeks' notice to tenured bargaining unit faculty with less than ten (10) years of seniority and to bargaining unit librarians on five-year reappointments with less than ten (10) years of seniority; and sixteen (16) weeks' notice to all other full-time bargaining unit members. Such notice shall be provided in writing.

(2) With regard to retrenchment pursuant to Section 22.5, bargaining unit members to be retrenched shall be informed as soon as possible of their selection. The Employer/University Administration shall provide a minimum of fifty-two (52) weeks' notice to tenured bargaining unit faculty with ten (10) or more years of seniority and to bargaining unit librarians on five-year reappointments with ten (10) or more years of seniority; thirty-seven (37) weeks' notice to tenured bargaining unit faculty with less than ten (10) years of seniority and to bargaining unit librarians on five-year reappointments with less than ten (10) years of seniority; and sixteen (16) weeks' notice to all other full-time bargaining unit members. Such notice shall be provided in writing.

(3) With regard to bargaining unit faculty, the Employer/University Administration recognizes the desirability, whenever possible, of establishing retrenchment dates which coincide with the end of an academic semester so as to minimize the disruption of teaching.

(4) Notwithstanding Subsection 22.6 (a)(1) and (2), notice shall not extend beyond the termination of a bargaining unit member's term of appointment or reappointment. A bargaining unit member who has been given notice of retrenchment will, upon request, be released without pay at the end of any semester or session, even though the notice period has not yet expired.

(5) Where appropriate, the written notice of retrenchment specified above shall contain affirmation that the individual bargaining unit member's retrenchment resulted from factors unrelated to the individual's merit or good standing and shall contain either the date of resumption of employment or a statement that the retrenchment period is indefinite in duration.

(6) Once notice of retrenchment for financial reasons has been given, the Employer/University Administration and the affected bargaining unit member by mutual agreement may abbreviate said notice period by agreeing to a lump sum payment of sixty (60) percent of the bargaining unit member's weekly salary for each week the notice period is shortened.

(b) The Employer/University Administration shall make a reasonable effort to locate employment for retrenched bargaining unit members within the University. The Employer/University Administration shall also establish a single out-placement office for the University.

(c) Upon request, full-time bargaining unit members who are retrenched may have their names placed on a recall list for a period of three (3) years from their dates of retrenchment. Qualified full-time bargaining unit members whose names are on the recall list shall be given an opportunity, in inverse order of retrenchment within the unit, to be reinstated to available positions in their retrenchment unit. Any full-time bargaining unit member who refuses such an employment opportunity shall be removed from the list. Any offer of employment pursuant to this section must be accepted within fourteen (14) days after the date of receipt of the offer.

(d) All full-time bargaining unit members on the recall list shall be regularly sent bargaining unit position vacancy announcements. For this purpose, it shall be the responsibility of the bargaining unit members to keep the Employer/University Administration advised of their current addresses.

(e) A tenured faculty member recalled to employment in his/her retrenchment unit shall return with tenure. A librarian on a five-year contract recalled to employment in his/her retrenchment unit shall return with a five-year contract.

(f) The Employer/University Administration shall provide information and assistance for applying for unemployment compensation upon request of a retrenched bargaining unit member.

(g) All bargaining unit members who are recalled shall regain eligibility for sabbatical leave, if any, which they possessed at the time of retrenchment, as well as accrued seniority and eligibility for other benefits consistent with state law.

22.7 Grievances: The procedures of this Article shall be grievable with the following exceptions:

(a) A complaint concerning the application to an individual(s) of the order of retrenchment within a retrenchment unit(s) pursuant to Subsections 22.4(f), 22.4(g) and 22.5(d) shall be heard by the chancellor and/or his/her designee and shall not be subject to Article XXV, Grievance Procedure;

(b) The substance of the preliminary retrenchment plan and the final retrenchment plan shall not be subject to Article XXV, Grievance Procedure;

(c) The introduction to this Article shall not be subject to Article XXV, Grievance Procedure.

22.8 Seniority: For purposes of this Article, seniority shall be defined as the length of continuous service at the University and/or seniority credit granted by the General Court to former Boston State College faculty/librarian employees. Continuity of service shall not be deemed broken by periods of authorized leave, and seniority shall continue to accrue during such periods of authorized leave. Continuity of service shall not be deemed broken by an individual's period of retrenchment, but additional seniority shall not accrue during such periods of retrenchment.

22.9 The parties agree to a joint committee having as its charge the development and prioritization of a list of alternatives to retrenchment, which list upon acceptance by both parties shall become part of this Article. The committee shall be composed of two (2) bargaining unit members chosen by the Union and two (2) members chosen by the Employer/University Administration.

22.10 Bargaining unit members shall not be subject to retrenchment by the Employer's/University Administration's use of nonbargaining unit members to perform bargaining unit work within the retrenchment unit.

22.11 The University shall maintain a hiring freeze on all administrative, professional and bargaining unit positions during a retrenchment for financial reasons except for filling critical need vacancies.

ARTICLE XXIII
NO STRIKE

23.1 The Union will not call, cause, assist, encourage, participate in, condone, ratify or sanction nor will any bargaining unit member engage in a strike, work stoppage, slowdown or withholding of services during the term of this Agreement.

23.2 The Union agrees to indemnify the Employer/University Administration for all expenses and damages that occur as a result of any strike, work stoppage, slowdown or withholding of services when such action is publicly condoned by the Union.

24.1 There shall be one master personnel file for each bargaining unit member. Other official personnel files may be maintained by the Employer/University Administration at any administrative level. Upon the request of a bargaining unit member, the Employer/University Administration will identify the holders of the above files.

24.2 The provisions of the University's Fair Information Practices Act Regulations (Trustee Document T77-059) shall govern the collection, dissemination and maintenance of the personnel files set forth in Section 24.1. Alleged misinterpretations, misapplications or violations of T77-059 may be pursued only through the grievance procedure set forth in T77-059. Alleged misinterpretations, misapplications or violations of Sections 24.1, 24.3, 24.4, 24.5, 24.6, 24.9 shall be pursued through the grievance procedure set forth in Article XXV, Grievance Procedure.

24.3The master personnel file shall henceforth include the following:

(a) copies of official correspondence between the Employer/University Administration and the individual bargaining unit member;

(b) copies of all completed personnel action forms;

(c) a copy of each annual evaluation;

(d) materials regarding sabbatical leaves and leaves of absence;

(e) application for employment and related materials;

(f) basic file(s) or a notation of its/their location(s);

(g) those materials which the bargaining unit member deems necessary to be added to his/her personnel file or a notation of its/their location(s);

(h) other materials added by the Employer/University Administration, provided that the bargaining unit member is sent a copy or notice of the addition at the time of the filing.

Having made an appointment, each bargaining unit member may annually compile an index of material contained in his/her departmental, decanal and master personnel file. These indexes shall be certified within a reasonable time by the holder of the file.

24.4 A basic file shall be established to contain material used for review in the following personnel actions:

(a) For faculty members:

(1) reappointment through the tenure decision year;

(2) tenure review;

(3) review for promotion from assistant professor to associate professor (in those cases in which this action is separate from the tenure review);

(4) review for promotion from associate professor to professor.

(b) For librarians:

(1) five-year appointments;

(2) review for promotion from Librarian I to II;

(3) review for promotion from Librarian II to III;

(4) review for promotion from Librarian III to IV;

(5) review for promotion from Librarian IV to V.

24.5 The academic administrative official who compiles the basic file shall be responsible for compiling an index of the material contained therein (including all exhibits) and sending a copy of this index to the bargaining unit member involved. This index shall be reviewed and updated by the appropriate academic administrative official at each level of administrative review for the personnel actions mentioned in Section 24.4 and a copy of the updated index shall be sent to the bargaining unit member. In the case of librarians, the administrative official designated by the director of libraries shall be the official responsible for compiling the basic file.

24.6 Upon the request by any bargaining unit member, the Employer/University Administration shall provide a copy of T77-059.

24.7 After reasonable notice, the Union shall have access to the above personnel file(s) of a bargaining unit member during the normal business hours of the Employer/University Administration, provided that the Union presents written approval of the bargaining unit member to the holder of the personnel file to which access is requested.

24.8 A bargaining unit member shall be given an opportunity to voluntarily waive his/her right to access to letters of recommendations obtained in connection with personnel actions using the form "Waiver of Right of Access To Letters of Recommendation" (Appendix). Such waiver shall be for a specific personnel action(s) and cannot be retracted.

24.9 The Union agrees to indemnify and hold the Employer/University Administration and its officials, agents and representatives harmless from and against any and all liability for any improper, illegal or unauthorized use by the Union of information contained in such files.

24.10 It shall be the responsibility of each bargaining unit member to inform the Employer/University Administration of any change in name or address.

24.11 No anonymous materials shall be placed in the above personnel files. For purposes of this Article, student evaluations of teaching pursuant to Sections 21.7, 21.9, 33.6 and 33.8 shall not be considered anonymous materials.

24.12 Bargaining unit members shall notify the University of any changes, such as marital status, that might affect their benefits. The University will inform bargaining unit members annually of information required under this Section and the form in which changes are to be reported.

25.1 Definition: A grievance is an allegation or complaint by a member or members of the bargaining unit or the Union that there has been a violation, misinterpretation or improper application (including, notwithstanding any provision of Article III, Affirmative Action, to the contrary, individual complaints of discrimination rising out of personnel actions and based on race, color, religion, creed, sex, age, marital status, national origin, sexual preference, mental or physical handicap or political beliefs or affiliation) of the terms and conditions of this Agreement by an administrative official.

25.2 Intent: It is the declared objective of the Employer/University Administration and the Union to encourage the prompt resolution of grievances either by informal or formal procedures in the interest of maintaining harmony within the campus environment. Although the following procedure shall be used for the resolution of grievances, this procedure shall in no way impair or limit the right of any bargaining unit member, or the parties mentioned herein, to utilize any other remedy or proceeding established and existing under federal or state law. In the event that the grievant(s) and/or the Union elect to seek redress through any other remedy or proceeding established and existing under federal or state law (other than complaints before the Massachusetts Labor Relations Commission, the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission, brought to meet agency timelines but not to be simultaneously litigated), the Employer/University Administration shall have no obligation to process or continue processing a grievance or arbitration pursuant to this Article. The parties agree to make available one to the other all known relevant facts regarding the grievance in order to facilitate the earliest possible settlement of grievances prior to arbitration. The Union may present a policy grievance (one that affects more than one person) at any step of the grievance procedure prior to arbitration. In order to facilitate the prompt resolution of grievances, administrative officials identified in the grievance procedure may, upon notice to the Union, name a designee when necessary to fulfill their responsibilities as set forth herein. Any person designated by an administrative official identified herein to hear a grievance shall hear the grievance and render a decision.

25.3 Informal Procedure: When a potential grievance arises, the bargaining unit member(s) and/or the Union shall meet with the representative(s) of the Employer/University Administration (chairperson/head, dean/director of libraries or provost) closest to and best able to discuss the matter, and possessing the authority to resolve the dispute. Informal efforts at settlement shall not extend beyond twenty (20) days without the written agreement of each of the parties. The Employer/University Administration and the Union agree that informal resolution of grievances do not set precedents.

25.4 Time Limits for Personnel Actions Grievances: For grievance(s) arising out of personnel actions, the Union and/or the bargaining unit member shall not file a grievance until the final appropriate academic administrative official on the campus has made his/her decision in writing on the personnel action under consideration.

25.5 Formal Procedure: To initiate a grievance the grievant(s) and/or the Union shall complete the Grievance Form, which provides a statement of the facts surrounding the grievance, the specific provision(s) of this Agreement allegedly violated and the remedy requested.

(a) LEVEL ONE: Chancellor

The grievant(s) and/or the Union shall file the grievance with the chancellor within sixty (60) calendar days of the occurrence giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant(s) and/or the Union learned or should have learned of such occurrence, whichever is later, but in no case longer than a year from the occurrence. If the alleged violation occurs while a bargaining unit member is on an approved leave, the bargaining unit member shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the date the bargaining unit member learned or should have learned of the occurrence giving rise to the grievance, whichever is later, but in no event later than fourteen (14) calendar months from the date of the occurrence. The grievant(s) and/or the Union and the chancellor shall meet and discuss the grievance within ten (10) calendar days after such filing. The chancellor shall then consider the grievance and render a decision together with the reasons in writing to the grievant(s) and the Union within twenty-one (21) calendar days from the date on which the grievance was filed with the chancellor.

(b) LEVEL TWO: President

A grievance may be submitted to the President in cases where the grievant(s) and/or the Union are not satisfied with the decision at Level One, or where the grievance is of a University-wide nature, or where the grievance is based on a presidential decision. If the grievant(s) and/or the Union is not satisfied with the decision at Level One, the grievant(s) and/or the Union may file an appeal in writing to the President within ten (10) calendar days after the written decision of the chancellor is received, or is due; grievances presented initially to the President must be filed by the grievant(s) and/or the Union within sixty (60) calendar days of the occurrence giving rise to the grievance or within sixty (60) calendar days of the date on which the grievant(s) and/or the Union learned or should have learned of such occurrence, whichever is later. If a bargaining unit member is on approved leave at the time of the alleged violation or at the time he/she would otherwise have learned of such occurrence, then the bargaining unit member and/or the Union shall file the grievance within sixty (60) calendar days from the date of expiration of said leave or sixty (60) calendar days from the day he/she learned, or should have learned, of such occurrence, whichever is later, but in no event later than fourteen (14) calendar months from the date of the occurrence.

The grievant(s) and/or the Union and the President shall meet and discuss the grievance within ten (10) calendar days after such filing. The President shall then consider the grievance and render a decision together with the reasons in writing to the grievant(s) and the Union within twenty-eight (28) calendar days from the date on which the grievance was filed with the President.

(c) LEVEL THREE: Arbitration

If the grievance is not resolved to the satisfaction of the Union at Level Two, the Union may submit the grievance within thirty (30) calendar days of the receipt of the written response at Level Two or the date on which such decision was due, whichever is later, to final and binding arbitration. Notice of the appeal of the grievance to arbitration shall be sent to the Employer/University Administration. Within ten (10) calendar days of the Employer's/University Administration's receipt of such notice from the Union, the parties shall select as arbitrator the individual whose name first appears on the list of arbitrators chosen by the Union and the Employer/University Administration. In each subsequent instance, the parties shall select the individual whose name next follows the name last selected. If the individual so selected shall be unable or unwilling to serve as the arbitrator within thirty (30) calendar days of the date of his/her selection, then the parties, unless they mutually agree to waive the time limits, shall select the individual whose name next appears on said list. No individual shall be selected to serve as arbitrator for a second time until all of the remaining individuals appearing on said list shall have been selected (asked or invited) to serve in accordance with these procedures.

Upon acceptance by the selected individual of the position of arbitrator, the Employer/University Administration and Union shall promptly file with the arbitrator:

(1) a copy of this Agreement;

(2) a copy of the written notice, sent to the Employer/University Administration, of the Union's intention to initiate arbitration; and

(3) a complete copy of the grievance record.

The arbitration shall be conducted in accordance with the rules and regulations of the American Arbitration Association in effect at the date of said submission. The arbitrator, unless the time limit is mutually waived by the parties, shall render a decision not later than thirty (30) calendar days from the date of the closing of the hearings. The decision and award of the arbitrator shall be final and binding on the parties and further, such decision shall be in writing, setting forth the opinion and conclusions on the issues submitted to the arbitrator. However, the arbitrator shall be without authority to add to, subtract from or modify the terms of this Agreement. The costs of arbitration, exclusive of those incurred by each respective party in preparing and presenting its case, shall be borne equally by the parties.

25.6 Union Representation and Rights:

(a) The administrative official with whom the written grievance is filed shall forward a copy of said grievance to the Union's designated campus grievance representative within five (5) calendar days of receipt of said grievance.

(b) The representative(s) of the Union shall be permitted to be present at any meeting required under the grievance procedure and especially at any meeting at which a settlement of the grievance is made or discussed; provided further that the Union representative(s) shall be permitted to present the Union's point of view regarding the grievance at such meeting(s).

(c) Any bargaining unit member may request Union representation at any step of the grievance procedure; however, a bargaining unit member shall not be prevented from processing a grievance on his/her own behalf prior to arbitration.

(d) Copies of all documents and correspondence filed with respect to the grievance shall be sent to the Union at the time of filing or as nearly thereafter as possible. The grievant(s) may specifically prohibit access to supporting documents and correspondence filed by the grievant(s) with respect to the grievance. The Union shall incur the cost for the reproduction of said documents and correspondence.

25.7 Implementation: Upon resolution of the grievance, the parties shall implement the remedy within ten (10) calendar days unless otherwise provided by the award of the arbitrator, or by mutual agreement of the parties. In the event that the Employer/University Administration does not have enough available funds to pay an arbitration award, the Employer/University Administration shall meet with and provide to the grievant(s) and the Union a clear and convincing explanation as to the Employer's/University Administration's inability to comply with the arbitration award. The Employer/University Administration shall also set forth the appropriate procedure to obtain the needed funding to implement the arbitration award subject to the approval of all parties concerned as follows:

(a) When available state-appropriated funds are insufficient to implement an arbitration award(s), the matter shall be submitted to the Legislature by the Employer/University Administration for funding with the support of the Union; provided, however, that nothing contained herein shall be construed to prevent and/or restrict the implementation of the nonmonetary aspect(s) of the arbitration award(s).

(b) When available trust monies are insufficient to implement an arbitration award(s), the award shall be included in the next budget request prepared following the award; provided, however, that nothing contained herein shall be construed to prevent and/or restrict the implementation of the nonmonetary aspect(s) of the arbitration award(s).

(c) When available grant or contract monies are insufficient to implement an arbitration award(s), the matter will be submitted to the contracting or granting agency for its approval of the necessary fund transfers within the provisions of the contract or grant or to secure the needed additional monies to fully implement said arbitration award(s), as the case may be; provided, however, that nothing contained herein shall be construed to prevent and/or restrict the implementation of the nonmonetary aspect(s) of the arbitration award(s).

25.8 No Reprisal -- Witnesses: No reprisal of any kind shall be taken against any bargaining unit member because of the filing of a grievance and/or participation in any of the grievance proceedings. All documents generated during the grievance process shall be kept separate from the personnel file and basic file of any individual involved in any grievance. Necessary witnesses or participants in grievance procedures shall be released from their assignments without penalty when necessary.

25.9 Time Limits: All days referred to in this Article shall mean calendar days. Time limits provided herein may be extended or delimited by mutual agreement. Failure of the Employer/University Administration to response to any grievance within the specified time limits of this Article shall mean that the grievant(s) and/or the Union may take said grievance to the next level of the grievance procedure. Failure of the grievant(s) to abide by the time limits set forth in this Article shall result in the grievance being deemed settled on the basis of the last written decision made during the grievance procedure by the Employer/University Administration.

25.10 Adjustment of Time Limits: Any grievance that was filed prior to the end of the academic year and has not been resolved to the satisfaction of the grievant(s) and/or the Union prior to the conclusion of the academic year shall continue to be processed in accordance with the provisions of this Article; except that the time limits of this Article may be mutually adjusted so as to ensure the availability of all necessary parties to the dispute. Such mutual agreement shall not be used by either party to delay unnecessarily the processing of any grievance not settled prior to the end of the academic year. If mutual agreement is not reached on adjustment of the time limits; the provisions of this Article shall remain whole.