Page 108 - 2016-2021-ASU
P. 108

Article 34

            Grievance and Arbitration Procedure

               §34.1 Definition of Grievance
               (a)  A contract grievance  is a dispute concerning  the  interpretation,

            application or claimed violation  of a specific term or provision  of this
            Agreement. Other  disputes which do not  involve  the  interpretation,

            application, or claimed violation of a specific term or provision of this
            Agreement including matters as to which other means of resolution are

            provided or foreclosed by this Agreement, or by statute or administrative
            procedures applicable to the State, shall not be considered  contract

            grievances. A contract grievance does not include matters involving the
            interpretation, application or claimed violation of an agreement reached

            pursuant to any previously authorized departmental negotiations.
               (b) Any other dispute or grievance concerning a term or condition of

            employment which may arise between the parties or which may arise out
            of an action within the scope of authority of a department or agency head

            and which is not covered by this Agreement shall be processed up to and
            including Step 3 of the grievance procedure, except those issues for which

            there  is  a  review  procedure  established  by  law  or  pursuant  to  rules  or
            regulations filed with the Secretary of State.

               §34.2 Requirements for Filing Contract Grievances
               (a) A contract grievance shall be submitted, in writing, on forms to be

            provided by the State.
               (b) Each contract grievance shall identify the specific provision of the

            Agreement alleged to have been violated and shall contain a short, plain

            statement of the grievance, the facts surrounding it, and the remedy sought.
               (c) CSEA shall have the right to initiate a grievance at Step 1 which
            involves more  than  one employee at  that facility or institution. Such

            grievance shall contain a general description of the employees involved

            including, if possible, the name of such employees, title and work location.
               (d) Upon agreement of the State and CSEA, CSEA shall have the right to

            initiate at Step 2 a grievance involving employees at more than one facility
            of a department or agency. CSEA shall also have the right, upon agreement

            with the State, to initiate at Step 3 a grievance involving employees at more
            than one department or agency.

               (e) The State shall initiate contract grievances against CSEA at Step 4.


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