WIU/UPI Agreement 2001-2007 Memorandums

APPROVAL DATE: 07/09/04
APPROVED BY: Joseph Rallo, Karen Harris

Implementation of Step Two Grievance Procedures

Articles 6.11.c.

The panel for each Step Two hearing will be considered a separate panel, but any of the three panel members from one Step Two hearing may sit on the panel for any other Step Two hearing. Neither the Union Chapter nor the University will name its Grievance Officer to the Step Two panel. However, the Union Chapter and the University will each name a member to the Step Two panel per the UPI Agreement.

The third member of the Step Two Hearing Panel shall be the chair of the panel and shall be selected as follows. The Union Chapter and the University will generate a pool of names of 14 current or former University employees, seven names provided by the Union Chapter and seven names provided by the University. The Union Chapter and the University will mutually agree to remove from the pool of 14 names any person who has a direct connection to the grievance. From the remaining pool, the Union Chapter and the University will select together the name of one individual considered to be mutually acceptable. If that person is unable to serve, unwilling to serve, or unable to communicate a commitment to be a panel member within a 3-day period, then the Union Chapter and the University will repeat the process by selecting together from the remaining pool the name of one individual considered to be mutually acceptable. Names will continue to be drawn from the pool in this manner until the third panel member is identified. If the pool is exhausted and the process does not result in a person being selected, the Union Chapter and the University will discuss another option for identifying a current or former employee mutually acceptable to both.

The following materials from the Step One hearing will be sent to each of the three panel members:

• A copy of the 2001-2005 Agreement.
• The grievance form filed by the grievant/UPI.
• The written statement of the grievance submitted by the UPI Grievance Officer at the Step One hearing.
• All supporting documents submitted by the UPI at the Step One hearing.
• The letter by the University Grievance Officer explaining the Step One decision.
• Any supporting documentation attached to the decision letter.
• A transcript of the Step One hearing.

The panel is to be named within 15 working days after receipt of the request for a Step Two hearing. Any grievance-related contact among panelists prior to the Step Two hearing is restricted to discussion of mutually acceptable time periods for conducting the hearing.

The UPI and University Grievance Officers shall be present at the hearing to respond to any questions the panel may have. The hearing shall be open to any persons invited by the grievant, the University, or the Union Chapter. After the open portion of the hearing, the panel will enter executive session, without any other people present, to discuss the grievance and reach a decision. In the course of reviewing the grievance, the panel shall consider procedural and substantive issues, as applicable, in rendering its decision. The panel may, at its discretion, reconvene in open hearing to ask additional questions.

The open hearing and the executive session will be tape recorded and a transcript shall be made of the transactions by the University.

The panel will reach a decision by majority vote. The Chair of the Step Two panel will issue a written recommendation stating the reasons on which the decision is based within 30 calendar days following the Step Two hearing.

If the panel chair is retired from the University, an honorarium of $200.00 will be paid, cost of which will be divided equally by the Union Chapter and the University.

Nothing in this implementation procedure will supersede the language of Article 6.11.c. of the Agreement.