Section 3. Procedures for Filing a Grievance
A grievance may be filed at the level at which the action or inaction being grieved occurred. If the hearing officer at the level at which the grievance is filed finds that the grievance has been filed at the wrong level, it will be returned to the grievant(s) without prejudice for filing at an appropriate level. A grievant shall institute the grievance procedure of this Article by filing at the appropriate level a written notice that a grievance exists. No such notice may be filed more than thirty (30) days from the date of the occurrence of the event or the date on which the unit member had reasonable knowledge of the event or conditions upon which the grievance is based.

1. Step 1: Immediate Supervisor - A grievant may institute the grievance procedure of this Article by filing with his/her Immediate Supervisor a written notice that a grievance exists. The Immediate Supervisor shall within five (5) days from receipt of the grievance arrange to meet with the grievant and attempt to resolve the grievance and respond in writing within ten (10) days of the date of the meeting
2. Step 2: Intermediate Supervisor. If the grievant elects to proceed to this Step, then within ten (10) days after the receipt of the Step 1 decision, he/she shall file a Grievance with the Intermediate Supervisor, and a copy of the grievance with the Immediate Supervisor, who, upon receipt of such notice, shall forward the grievance record to the Intermediate Supervisor. The Intermediate Supervisor shall within five (5) days of receipt of the grievance arrange to meet with the grievant to resolve the dispute and shall respond in writing within ten (10) working days from the date of the meeting.
3. Step 3: Chief Executive Officer of the Campus or designee (hereinafter in this Article "CEO"). If the grievant elects to proceed to this Step, then within ten(10) days of receipt of the Step 2 decision, he/she shall send a notice of this intent to the CEO and a copy of the notice to the Intermediate Supervisor, who, upon receipt of said notice shall forward the grievance record to the CEO. The CEO shall within five days of receipt of the grievance arrange to meet with the grievant for a review of the grievance and shall respond in writing within ten (10) days of the date of the meeting.
4. Step 4: The President of the University of Massachusetts or designee. (Hereinafter in this Article, the President). If the grievant elects to proceed to this Step, then within ten (10) days of receipt of the Step 3 decision, he/she shall file a notice of this intent with the President and a copy of such notice with the CEO. The CEO shall forward, forthwith, a complete copy of the grievance record to the President. Within thirty (30) days of receipt of the notice required to initiate this Step or of a brief if the Association elects to so submit, the President shall review said grievance and issue a written decision. A brief must be submitted within ten (10) working days of the notice of appeal. Mediation. The parties may agree as an alternate to Step 4 to refer the matter to Grievance Mediation. A grievance mediator may be requested from the Massachusetts Board of Conciliation and Arbitration or the parties may agree on the choice of a neutral mediator. If after sixty (60) days the grievance is not settled, the Association may proceed to Step 5 Arbitration. The costs of mediation shall be shared equally by the parties. All statements, documents, communications and correspondence made during or concerning grievance mediation shall not be admissible at Arbitration. The parties understand the purpose of the prior senttence is to facilitate communications during mediation and not to prevent the introduction of otherwise admissable evidence at arbitration.
5. Step 5: Arbitration
   1. Initiation of Arbitration Within fifteen (15) working days of receipt of the Step 4 decision, arbitration of a grievance may be initiated subject to and in accordance with the following provisions:
      1. The Association shall have the exclusive right to initiate arbitration of a grievance. Whenever the Association shall initiate arbitration of a grievance, the resolution of which has been previously sought by a member or members of the Association then such member or members shall join in or shall be deemed to have joined in, as a party to said proceeding and shall be bound in all respects by the decision of the arbitrator to the same extent as the Employer and the Association.
      2. The Association may initiate arbitration of a grievance only if the resolution of the grievance has been sought through all applicable prior Steps of the grievance procedure, except as is otherwise provided in Article 26 hereof; c) The Association shall initiate arbitration by giving written notice to the President and the CEO within the said fifteen (15) days that it intends to submit a grievance to arbitration.
      3. The Association and the Employer and/or the appointing authority shall select an arbitrator from the following panel of arbitrators: Gary Altman, Timothy Buckalew, Richard Boulanger, Nancy Peace, Joan Dolan The arbitrators shall be used alternately. If the next in line cannot be available in a reasonable period of time, the next shall be selected.
      4. The arbitrator shall convene a hearing on the issue presented by the Association giving due regard to the necessity of the parties for time to prepare and the availability of witnesses, if any. The arbitrator shall give at least ten (10) days notice to the parties of the scheduled hearing date.
      5. The parties shall have the right to be represented by counsel at any hearing convened by the arbitrator pursuant to the provisions of this Article. All proceedings before the arbitrator, including his/her jurisdiction to inquire into any issue presented by the grievance and his/her authority to render an award, shall be governed solely by the provisions of this Article.
   2. Decision of the Arbitrator Within thirty (30) days after the conclusion of the hearing, the arbitrator shall determine:
      1. Whether the Association and, where an employee or group of employees sought resolution of the grievance through the applicable Steps of this Article, such employee or group of employees, has complied with the procedures for initiating and pursuing a grievance as set forth in this Article;
      2. Whether the complaint alleges an express breach of the contract;
      3. Whether the arbitrator has jurisdiction to arbitrate; and
      4. Whether an express provision of this Agreement has been violated in its application to the grievant. The arbitrator shall render a decision in writing, shall state the reasons therefor, and shall promptly provide copies of the decision to the parties to the arbitration proceeding. Anything herein contained to the contrary notwithstanding, in making a decision the arbitrator shall apply the express provisions of this Agreement and shall not alter, amend, extend, or revise any term or condition hereof. The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding and shall be enforceable in any court of competent jurisdiction. Costs of Arbitration In all arbitration proceedings, the arbitrator's fees and expenses shall be paid fifty per cent (50%) by the Association and fifty per cent (50%) by the University. In all other respects the parties shall bear their own costs of arbitration.

Section 4. Association Representation
Any member of the Unit may initiate and pursue a grievance through the first four (4) Steps of the grievance procedure without intervention by any agent of the exclusive representative, provided that the exclusive representative shall be afforded the opportunity to be present at any conference held and that any adjustment made shall not be inconsistent with the terms of this Agreement. Any employee may request that the Association represent him/her at any Step of the grievance procedure. No other representation shall be permitted. The Association shall notify the Immediate Supervisor, the department head, the CEO and the Chancellor, as the case may require, of the name and address of such Association representative at the time he/she is so authorized to represent the grievant.

Section 5. Waiver, Admission and Termination

1. Waiver - Failure of a grievant to comply with any of the provisions of this Article shall be deemed to be a waiver of the right to seek resolution of the grievance under the terms of this Agreement. In determining whether there has been any such failure to comply with any of the provisions of this Article, time shall be deemed to be of the essence, and any failure of the grievant to comply with any of the time limits prescribed herein shall be deemed to be such failure to comply with the provisions of this Article; provided, however, that the time limits prescribed herein may be extended in any specific instance by mutual written agreement of the parties. Failure of the Employer/University Administration to respond to any grievance within the specified time limits of this Article shall mean that the grievant(s) or the Association may take the grievance to the next level of the grievance procedure.
2. Admission - The resolution of a grievance by the Immediate Supervisor, the department head, the CEO, the Chancellor, or any of their designees, as the case may be, shall not be deemed to be an admission by the Employer that the grievance has, for any other purpose or proceeding, standing as a grievance or constitutes an admission of any violation or breach of the terms of this Agreement, or is cognizable or justifiable according to any applicable provisions of the laws of the Commonwealth.
3. Termination - If any party to this Agreement or any employee shall initiate any proceeding relating to a grievance in any administrative or judicial forum, or pursuant to any administrative procedure adopted from time to time by the Board of Trustees , while a proceeding relating to such grievance is pending under any provision of Section 3 of this Article, such Section 3 proceeding shall terminate as of the date of the initiation of such other proceeding and the grievance procedures aforesaid shall be inapplicable to such grievance.
4. Grounds of Appeal - The Employer and the Association shall have the right to appeal any final decision of the arbitrator pursuant to the provisions of Chapter 150E, s8, and Chapter 150C, s10, 11 and 12 of the General Laws.

Section 6. Collateral Consequences of a Grievance
The fact that a grievance is alleged by a member of the bargaining unit, regardless of the ultimate disposition thereof, shall not be recorded in the Official Personnel File of such member; nor shall such fact be used in the making of any recommendation for the job placement of such member; nor shall such member or any other member or members who participate in any way in the grievance procedure be subjected to any action by the appointing authority whether disciplinary or otherwise, for having processed such grievance; provided, however, that nothing herein contained shall derogate or be deemed to derogate from the right of the appointing authority to take any action that might be authorized or required to be taken to give effect to the resolution of any grievance.

Section 7. Application
The parties hereby agree that the provisions of Section 53 of Chapter 30 of the General Laws are, in their entirety, hereby rendered of no force and effect in their application to members of the bargaining unit.