Section 9 - Contract Enforcement, Continuity & Successorship

XX. Grievance Machinery And Arbitration
XXI. Separability
XXII. Successors

Article XX - Grievance Machinery And Arbitration

Section 1. A grievance within the meaning of this Agreement shall be any difference, controversy or dispute arising between the parties hereto or the members of the Union employed by the University involving the application or interpretation of any provision of this Agreement. 

Section 2. A grievance, other than one involving discharge, shall be presented not later than two (2) calendar weeks after the occurrence of the event claimed to have given rise to the grievance and, unless otherwise agreed in writing between the Union and a Human Resources Labor Representative of the University or their designee, any claim not presented within the time provided shall be deemed to have been waived. 

Section 3. All grievances shall be considered in the steps set forth as follows: 

Step 1. The aggrieved employee and the steward or the employee individually, but in the presence of the steward, shall take up the grievance with the immediate supervisor. In the event no satisfactory agreement is made within two (2) working days after the grievance is presented to the immediate supervisor, then the grievance shall proceed to Step 2 within three (3) working days. 

Step 2. The Unit Steward and one or more persons designated by a Human Resources Labor Representative of the University shall meet to discuss the grievance. In the event no satisfactory agreement is made within three (3) working days after the presentation in Step 2, then the parties shall, within three (3) working days, complete and sign written statements stating their respective positions and forward the grievance to Step 3 within said time. 

Step 3. The Union representative and a Human Resources Labor Representative of the University or their designee shall meet to discuss the grievance within three (3) working days after the completion of Step 2. In the event no satisfactory agreement is made within three (3) working days, the grievance may be taken to arbitration, Step 4, by either of the parties upon written notice to the other party within five (5) working days thereafter. 

Step 4. Arbitration: If within five (5) working days the parties cannot agree to a mutually acceptable arbitrator, then either party may within three (3) working days thereafter apply directly to the American Arbitration Association for the appointment of an arbitrator in accordance with the Rules of the Association. The decision of the arbitrator shall be final and binding upon the parties hereto and the arbitration costs shall be borne equally between the parties. 

Section 4. If in any of the foregoing steps either party fails to carry out the procedures involved in such step, the other party may take the grievance to the next higher step. Failure to appeal the grievance to the next higher step within the time provided shall be deemed abandonment. 

Section 5. It is the intention of the parties to settle all differences between the University and the Union and the Union’s members subject to this Agreement through the grievance machinery and arbitration in accordance with the provisions of this Agreement. 

Article XXI - Separability

In the event that any provision of this Agreement shall at any time be declared invalid or unenforceable by any court or governmental agency of competent jurisdiction, or through governmental regulations or decrees, such decision shall not invalidate the entire Agreement, it being the express intention of the parties hereto that all provisions not declared invalid shall remain in full force and effect.

Article XXII - Successors

In the event the University shall, by merger, consolidation, acquisition or by any other means enter into an agreement with another firm or individual which, in whole or in part, affects the collective bargaining unit of the University provided in ARTICLE 1 hereof, then such successor firm or individual shall be bound by this Agreement to the extent required by law. The Union recognizes that the University is an educational institution subject to rules and regulations promulgated by governmental agencies, which may affect the foregoing provisions hereof. The University shall have an affirmative duty to call this provision of this Agreement to the attention of any firm or individual with which it seeks to make such an agreement as aforementioned.