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arbitration services.

§34.5 Procedures Applicable to Grievance Steps

(a) Steps 1 and 2 shall be informal and the grievant and/or CSEA shall
meet with the appropriate step representative for the purpose of discussing

the grievance.
(b) No transcript is required at any step. However, either party may

request that the review at Step 2 only be tape recorded at its expense and
shall provide a copy of such tape recording to the other party.

(c) Step 3 is intended primarily to be a review of the existing grievance
file; provided, however, that additional exhibits and evidence may be

submitted in writing.
(d) Any meeting required by this Article may be mutually waived.

(e) All of the time limits contained in this Article may be extended by
mutual agreement. Extensions shall be confirmed in writing by the party

requesting them. Upon the failure of the State, or its representatives, to
provide a decision within the time limits provided in this Article, the grievant

or CSEA may appeal to the next step. Upon failure of the grievant, or the
grievant’s representative, to file an appeal within the time limits provided

in this Article, the grievance shall be deemed withdrawn.
(f) A settlement of or an award upon a contract grievance may or may not

be retroactive as the equities of each case demand, but in no event shall such
a resolution be retroactive to a date earlier than thirty (30) days prior to the

date the contract grievance was first presented in accordance with this
Article, or the date the contract grievance occurred, whichever is the later

date.

(g) A settlement of a contract grievance at Steps 1 through 3 shall
constitute precedent in other and future cases only if the Director of the
Governor’s Office of Employee Relations and the President of CSEA agree,

in writing, that such settlement shall have such effect.

(h) The State shall supply in writing, with each copy of each step
response, the name and address of the person to whom any appeal must be

sent, and a statement of the applicable time limits for filing such an appeal.
(i) All contract grievances, appeals, responses and demands for

arbitration shall be submitted by registered or certified mail, return receipt
requested, or by personal service. All time limits set forth in this Article

shall be measured from the date of receipt. Where service is by registered

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