This article outlines the grievance process and procedure from beginning to end.
Grievance Procedure Demystified
By Sandy Stein, AAUP President
March 2001
For purposes of convenience in this article, I use the term "Chief Grievance Officer" to mean the person who is handling your grievance, irrespective of whether that person is the Chief Grievance Officer. The term "Executive Committee" refers to our Rider University Chapter of the AAUP Executive Committee. The term "Agreement" refers to the Agreement between Rider University and the Rider University Chapter of the AAUP.
How do I know if I have a grievance?
First, I highly recommend reading our Agreement. If you know what your rights are, you will have a better idea when they have been violated. But if you believe you have been treated unfairly by the administration, contact the Chief Grievance Officer, who will help determine if it qualifies as a grievance. Even if it is not a grievance, you may get some good advice on how to handle it.
How do I proceed if I think I have a grievance?
First, talk to the responsible administrator and see if he/she understands the problem and will correct it. If this doesn't work, call the Chief Grievance Officer and report the problem.
What if I feel the Grievance Officer won't give me fair representation?
Our procedures allow for a substitute representative in such cases, but it is ultimately up to the Executive Committee to determine whether or not the Chief Grievance Officer can provide fair representation. You should discuss your concerns either with the Chief Grievance Officer or the AAUP President. If the matter can not be resolved through these discussions it will be referred to the Executive Committee for final resolution.
How long do I have to report a grievance?
Important question! Generally we have 30 days from when you find out about the event/state of facts or 90 days from when the event/state of facts occurred to either file a grievance or to put the University on notice that we intend to file a grievance.Timeliness is important, so don't procrastinate!
What will happen when I tell the Grievance Officer my problem?
First, you and the grievance officer will discuss the problem. You both will focus on what part of the contract it violates and what remedy you want. Next, the Chief Grievance Officer will investigate your complaint by gathering pertinent evidence. For example, he may request registrar's records, departmental minutes or other relevant document from the administration. He may also interview other people with knowledge of the incident. The Chief Grievance Officer may also attempt to resolve the problem without a grievance.
If I report a problem, will it automatically be a grievance?
No. It will be taken seriously and investigated. However, if the contract has not been violated, if the event/issue is not covered by our contract or if the grievance is not timely, a grievance may not be filed. You will be informed whether or not a grievance is being filed and why. The Chief Grievance Officer usually tries to see if the problem can be resolved without the filing of a formal grievance when reasonable and possible.
What if I don't like a decision not to file a grievance?
You may appeal it to the Executive Committee, be present at the meeting and bring an advocate from the bargaining unit.
Who owns the grievance and what does this term mean?
The Rider University Chapter of AAUP owns the grievance. It is the responsibility of the elected leadership of the AAUP to make sure the contract is enforced. While a grievance may name a specific individual as having been damaged by some administrative action, it is the interests of the bargaining unit as a whole that must govern the Executive Committees decisions.
What happens after a grievance is filed?
A meeting regarding the grievance will be held within 14 days of the filing of the grievance. This meeting will be between the grievant, a representative of the AAUP and a representative of the University from the affected college. The University representative acts as the hearing officer and has seven days to render a decision in the case. This step maybe skipped with the mutual agreement of the University and the AAUP.
What if this doesn't resolve the grievance?
The AAUP has seven days to appeal this decision to Step Two in the process. At Step Two the grievance is appealed to the Provost or a designee. The Provost or his/her designee, the Dean or his/her designee, the Chief Grievance officer and other such representatives as either the administration or the AAUP may designate attend this meeting. The provost or his/her designee acts as the hearing officer at this meeting and he/she has 14 days to render a decision.
When does it go to arbitration and who decides?
It may go to arbitration when the appeal to the Provost is unsatisfactory. The Executive Committee, upon recommendation from the chief Grievance Officer, decides whether or not to go to arbitration. In making that decision the Executive Committee must weigh such factors as the cost of arbitration versus the benefit to be obtained and the odds of winning the case.
Who decides when to accept an offer of settlement?
The AAUP Executive Committee, upon recommendation from the Chief Grievance Officer, makes the final decision to accept an offer of settlement. The grievant, however, is always consulted on this decision. Nonetheless, the Executive Committee must make a decision that is in the best interest of all of our members.
What if I don't agree with the Chief Grievance Officer's recommendation?
You will be provided an opportunity to meet with the Executive Committee and to present your arguments for why a case should either not be settled or should be taken to arbitration. A member of the bargaining unit may represent you at that meeting.
Is the Chief Grievance Officer my personal lawyer?
NO!! The Chief Grievance Officer is responsible for handling any violations of our Agreement. He is not a trained lawyer nor is his role that of representing you personally. He represents the bargaining unit as a whole.
Does the Rider Chapter of the AAUP lawyer represent me?
NO!!!!!! The AAUP lawyer represents the AAUP. Ethically, he cannot represent you, as your interests may not be the same as the bargaining unit's interests.
By Sandy Stein, AAUP President
March 2001
For purposes of convenience in this article, I use the term "Chief Grievance Officer" to mean the person who is handling your grievance, irrespective of whether that person is the Chief Grievance Officer. The term "Executive Committee" refers to our Rider University Chapter of the AAUP Executive Committee. The term "Agreement" refers to the Agreement between Rider University and the Rider University Chapter of the AAUP.
How do I know if I have a grievance?
First, I highly recommend reading our Agreement. If you know what your rights are, you will have a better idea when they have been violated. But if you believe you have been treated unfairly by the administration, contact the Chief Grievance Officer, who will help determine if it qualifies as a grievance. Even if it is not a grievance, you may get some good advice on how to handle it.
How do I proceed if I think I have a grievance?
First, talk to the responsible administrator and see if he/she understands the problem and will correct it. If this doesn't work, call the Chief Grievance Officer and report the problem.
What if I feel the Grievance Officer won't give me fair representation?
Our procedures allow for a substitute representative in such cases, but it is ultimately up to the Executive Committee to determine whether or not the Chief Grievance Officer can provide fair representation. You should discuss your concerns either with the Chief Grievance Officer or the AAUP President. If the matter can not be resolved through these discussions it will be referred to the Executive Committee for final resolution.
How long do I have to report a grievance?
Important question! Generally we have 30 days from when you find out about the event/state of facts or 90 days from when the event/state of facts occurred to either file a grievance or to put the University on notice that we intend to file a grievance.Timeliness is important, so don't procrastinate!
What will happen when I tell the Grievance Officer my problem?
First, you and the grievance officer will discuss the problem. You both will focus on what part of the contract it violates and what remedy you want. Next, the Chief Grievance Officer will investigate your complaint by gathering pertinent evidence. For example, he may request registrar's records, departmental minutes or other relevant document from the administration. He may also interview other people with knowledge of the incident. The Chief Grievance Officer may also attempt to resolve the problem without a grievance.
If I report a problem, will it automatically be a grievance?
No. It will be taken seriously and investigated. However, if the contract has not been violated, if the event/issue is not covered by our contract or if the grievance is not timely, a grievance may not be filed. You will be informed whether or not a grievance is being filed and why. The Chief Grievance Officer usually tries to see if the problem can be resolved without the filing of a formal grievance when reasonable and possible.
What if I don't like a decision not to file a grievance?
You may appeal it to the Executive Committee, be present at the meeting and bring an advocate from the bargaining unit.
Who owns the grievance and what does this term mean?
The Rider University Chapter of AAUP owns the grievance. It is the responsibility of the elected leadership of the AAUP to make sure the contract is enforced. While a grievance may name a specific individual as having been damaged by some administrative action, it is the interests of the bargaining unit as a whole that must govern the Executive Committees decisions.
What happens after a grievance is filed?
A meeting regarding the grievance will be held within 14 days of the filing of the grievance. This meeting will be between the grievant, a representative of the AAUP and a representative of the University from the affected college. The University representative acts as the hearing officer and has seven days to render a decision in the case. This step maybe skipped with the mutual agreement of the University and the AAUP.
What if this doesn't resolve the grievance?
The AAUP has seven days to appeal this decision to Step Two in the process. At Step Two the grievance is appealed to the Provost or a designee. The Provost or his/her designee, the Dean or his/her designee, the Chief Grievance officer and other such representatives as either the administration or the AAUP may designate attend this meeting. The provost or his/her designee acts as the hearing officer at this meeting and he/she has 14 days to render a decision.
When does it go to arbitration and who decides?
It may go to arbitration when the appeal to the Provost is unsatisfactory. The Executive Committee, upon recommendation from the chief Grievance Officer, decides whether or not to go to arbitration. In making that decision the Executive Committee must weigh such factors as the cost of arbitration versus the benefit to be obtained and the odds of winning the case.
Who decides when to accept an offer of settlement?
The AAUP Executive Committee, upon recommendation from the Chief Grievance Officer, makes the final decision to accept an offer of settlement. The grievant, however, is always consulted on this decision. Nonetheless, the Executive Committee must make a decision that is in the best interest of all of our members.
What if I don't agree with the Chief Grievance Officer's recommendation?
You will be provided an opportunity to meet with the Executive Committee and to present your arguments for why a case should either not be settled or should be taken to arbitration. A member of the bargaining unit may represent you at that meeting.
Is the Chief Grievance Officer my personal lawyer?
NO!! The Chief Grievance Officer is responsible for handling any violations of our Agreement. He is not a trained lawyer nor is his role that of representing you personally. He represents the bargaining unit as a whole.
Does the Rider Chapter of the AAUP lawyer represent me?
NO!!!!!! The AAUP lawyer represents the AAUP. Ethically, he cannot represent you, as your interests may not be the same as the bargaining unit's interests.