Grievance Procedure & Deadlines — University of California RNs (UCSF, UC Davis & all UC)

2. An appeal to Step 3 shall be accomplished by one of the following methods: a. Delivery by U.S. Mail; or b. Personal presentation with mutual acknowledgment from the person delivering the document(s) and the person accepting delivery of document(s) by signing and dating the document(s) and each of them retaining one of the signed and dated documents; or c. Email to AppealAGrievance@ucop.edu. 1) Appeals submitted by electronic mail after 5:00 PM will be considered to be filed on the following business day. 2) The University shall acknowledge the Union’s Appeal to Step 3 through a computer-generated, automatic email response. 3. A nurse or group of nurses using a representative other than CNA may appeal a Step 2 University answer to the UCOP Executive Director of Labor Relations. Such written appeal shall identify the grievance being appealed and shall be signed and dated by the nurse(s) …

1. If the grievance is not resolved at Step 1, the Nurse or the Association may proceed to Step 2 by filing an appeal, as follows: a. The Nurse or the Nurse's representative shall submit the written appeal on the mutually agreed-upon form. b. The written appeal must be postmarked, submitted via email, or hand delivered to the local labor relations office listed in Appendix G within fifteen (15) calendar days of the date on which the written response to Step 1 was given or due. 2. The University shall schedule a Step 2 meeting within ten (10) calendar days following receipt of the appeal to Step 2, to attempt to resolve the grievance. During the Step 2 meeting, the Nurse and the Nurse's representative, if any, shall present the known facts, issues and allegations relevant to the grievance. 3. Within fifteen (15) calendar days following the Step 2 meeting, or within fifteen (15) calendar d …

Only the Association may file an appeal to arbitration after the timely exhaustion of Article 27, Grievance Procedure of this Agreement. 1. Time Limits – Association Appeals a. The original appeal to arbitration must be postmarked with an official United States Postal Service postmark and received by the Office of the President within thirty (30) calendar days of the mailing of the Office of the President written decision to the Association. Proof of service must accompany the appeal to arbitration. In the appeal, the Association must set forth the issues and remedies remaining unresolved. b. The Office of the President official shall forward the grievance to arbitration within twenty (20) calendar days after receiving the appeal, specifying the location responsible for further handling of the arbitration. Deadlines that fall on a day which is not a University business day will automatic …

1. Formal Grievance – A formal grievance shall be filed in writing on a mutually agreed to form and must be in accordance with the procedures specified in §A.1. and §A.2., above. The University and CNA may mutually agree, on a location by location basis, that grievance filings and responses may be conducted electronically in accordance local procedures. Either party may withdraw mutual consent upon thirty (30) days written notice. 2. Department Review – The designated University official will forward the formal grievance to the appropriate office for review. a. The University shall not agree to resolution of a formal grievance until the Association representative has received a copy of the proposed resolution and has been given the opportunity to file a response. b. Unless the parties agree otherwise, the University shall convene a meeting with the grievant(s) and the grievant’s represen …

8. The arbitrator shall consider the evidence presented and render a written decision within thirty (30) calendar days of the close of the record of the hearing. The arbitrator's authority shall be limited to determining whether the University has violated the provision(s) of this Agreement. The arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Agreement. 9. If the grievance is sustained in whole or in part, the remedy shall not exceed restoring to the nurse the pay, benefits, or rights lost as a result of a violation of the Agreement, less any compensation from any source, including, but not limited to, Workers' Compensation and Unemployment Insurance benefits. The decision of the arbitrator, within the limits described herein, shall be final and binding. 10. Except as otherwise specifically provided, the U …

The University may use an oral reprimand or counseling memorandum as corrective action. Discipline may involve a written warning, suspension without pay for up to five (5) working days for eight (8) hour Nurses, four (4) working days for ten (10) hour Nurses, or three (3) working days for twelve (12) hour Nurses without prior notice; suspension beyond five (5) working days for eight (8) hour Nurses, four (4) working days for ten (10) hour Nurses, or three (3) working days for twelve (12) hour Nurses with notice; demotion for failure to meet performance standards, as defined in §C., below, or discharge. Nurses who are suspended without pay for up to five (5) working days for eight (8) hour Nurses, four (4) working days for ten (10) hour Nurses, or three (3) working days for twelve (12) hour Nurses, and who wish to contest the suspension, must grieve within the time limits established by t …

1. Definitions a. A grievance is a claim by an individual Nurse, a group of Nurses, or the Association that the University has violated, misapplied, or misinterpreted this Agreement during the term of this Agreement. b. All grievances must be initiated and filed at the location where the alleged violation occurred. c. A formal grievance must identify the specific Article(s) and Section(s) of this Agreement alleged to have been violated; describe the action(s) alleged to have violated the identified Article(s) and Section(s), the remedy requested, together with the following information that can be presented with the exercise of reasonable due diligence: the name(s) of the affected nurse(s), the location(s) in which the action(s) occurred, and the date(s) of the action(s). 2. Time Limits a. The labor relations representative at the location at which the alleged violation occurred must rec …

1. The arbitration proceeding shall provide an opportunity for the Association and the University to examine and cross-examine witnesses under oath and to submit relevant evidence. The parties shall not seek to introduce new issues and allegations at the arbitration hearing which were not introduced during Step 2 of the grievance procedure. Settlement offers made during the grievance procedure shall not be introduced as evidence in arbitration. 2. When practicable, the University shall inform the Association in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing (if any) about the substantive facts and/or allegations in dispute, except as provided in §C.3., below. In the event an arbitrator, as a result of the arbitrability hearing reference …