Provided within the above link document is an internal form for our members to use to help streamline and date potential grievances. We have included a formal “Faculty Grievance Form” for the faculty member to record the relevant information and description of the complaint to be submitted to any of the FA Executive Board Members and filed with the HVCCFA office.
In addition to this form, we are going to implement an anonymous review of the grievance by a three-person evaluation group. This group will help the FA Executive Board determine if the Faculty Association should pursue further action with regard to a new grievance. Each reviewer will carefully read over the completed Faculty Grievance Form, without identifying name or department, and study the area of the current contract that pertains to the grievance. Each reviewer will consider whether or not the Grievance is viable and provide reasons why or why not the HVCCFA should move forward with the action via the Faculty Grievance Evaluation form, also included in the above link. Under no circumstances will this new process delay the grievance procedure set forth in the contract, nor will it be the only force that decides whether or not the HVCCFA will pursue a grievance. The FA Executive Board will consider, debate, and vote on whether or not to go forward with any grievance.
- If you feel that the contract has been misapplied to your employment circumstances, then please first view Addendum D in the contract. We have copied it here in the item below this description for your benefit.
- Please fill out the Faculty Grievance form (link above) to the best of your ability (if necessary, please seek the assistance of an FA Executive Board Member) and file it with an Executive Board Member.
- The HVCCFA President will select three anonymous reviewers and give them 24 hours to make their recommendations to the Executive Board. Their recommendations will be filed on the evaluation form below.
- The HVCCFA President and the rest of the FA Executive Board will support the member through the different stages of the grievance procedure. This includes making the decision to continue the process, or not, at each stage of the grievance and to provide legal support.
ADDENDUM D
GRIEVANCE PROCEDURE
- A grievance is a claim by any party hereto, a faculty member or group of faculty in the negotiating unit, based upon the interpretation or application of this Agreement.
- All grievances shall be in writing and include the name and position of the aggrieved party, a brief statement of the nature of the grievance, and the redress sought by the aggrieved party.
- Except for informal decisions at stage 1, all decisions shall be rendered in writing at each step of the grievance procedure, setting forth findings of fact, conclusions and supporting reasons therefore. Each decision shall be promptly transmitted to the aggrieved party, the parties hereto, and, if any, all parties in interest (any person or party named in the grievance who is not the aggrieved party).
- A grievance having department-wide or broader implications may be submitted by the Association directly at stage 2 described below.
- The preparation and processing of grievances shall be conducted at a time affording all interested parties a reasonable opportunity to attend; employees who are required to be present during working hours shall be excused from duty without loss of pay. Reasonable effort will be made to avoid interruption of classroom activity and to avoid involvement of students in any phase of the grievance procedure.
- All parties agree to facilitate any investigation which may be required and to make available, upon request of any party hereto and/or any aggrieved party, any and all material and relevant documents, communications and records concerning alleged grievances.
- Except at Stage 1 of the grievance procedure, each party to the proceeding shall have the right at all stages of the grievance procedure to confront and cross-examine all witnesses, to call witnesses and to be furnished with a copy of the official minutes of the proceedings to be made at each and every stage of this grievance procedure.
- The filing of grievances, serving notices, taking appeals, making reports and recommendations will be accomplished on the forms jointly developed for this purpose. The College shall have these forms duplicated and distributed to the President of the Association.
- All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
- Nothing contained herein will be construed as limiting the right of any faculty member having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance informally adjusted, provided that except at stage 1(A), the Association shall be promptly informed of the details of such adjustment. Any grievance that is adjusted without formal determination, pursuant to this procedure, while binding upon the aggrieved party and in all respects final, shall not create a precedent or ruling binding upon either of the parties to this agreement in future proceedings.
- Every person who has the right to bring a grievance hereunder has the right to be represented by a representative of his/her own choice, provided, however, that any grievance finally determined without participation of the Association, while binding on the aggrieved party and in all respects final, shall not create a precedent or ruling binding either of the parties to this Agreement in future proceedings.
- The Association shall be entitled to at least five (5) working days advance notice of all hearings on grievances in which the aggrieved party is not represented by the Association and, if so, advised to participate therein.
- In any and all cases where the aggrieved party is not represented at any stage of the grievance procedure by the Association, the Association may, in its sole discretion, appeal the decision in any such grievance to the next higher stage of the grievance procedure.
- Any and all notices which the grievance procedure requires to be given to the Board of Trustees, College or representative thereof, may be delivered to the President of Hudson Valley Community College, or, in his/her absence, to the person then in charge of his/her office.
- The time limits specified herein may not be extended except by mutual agreement.
- Grievances must be initiated at the first available stage within thirty (30) faculty working days of the occurrence of the event giving rise thereto, or of the date the grievant should reasonably have had knowledge thereof.
- If a decision at one stage is not appealed to the next stage of the procedure within the basic time specified, the grievance shall be deemed to be dismissed. Questions relating to compliance with time limitations or appeals shall not be arbitrable.
- Failure at any stage of the grievance procedures to communicate a decision to the aggrieved party, his/her representatives and the Association within the specified time limit shall permit the lodging of an appeal to the next stage of the procedure within five (5) faculty working days after the expiration of the period which would have been allotted for appeal had the decision been communicated by the final day.
- In the event a grievance is filed on or after April 1st, upon the request by or on behalf of the aggrieved party, the time limits set forth herein may be reduced pro rata by mutual consent of all parties involved so that the grievance procedure may be exhausted prior to the end of the College term or as soon thereafter as is possible.
- Stages of Grievance Procedure:
- Stage 1: Supervisor – Informal
- A faculty member having a grievance will discuss it with his/her appropriate supervisor, either personally and/or by a representative, with the objective of resolving the matter informally.
- If the grievance is not resolved informally within five (5) faculty working days of submission, it shall, within seven (7) faculty working days of submission, be reduced to writing and presented to the appropriate supervisor. Within two (2) faculty working days after the written grievance is presented to him/her, the appropriate supervisor shall render a decision thereon, in writing.
- Stage 2: President
- If any aggrieved party is not satisfied with the written decision at the conclusion of stage 1 and wishes to proceed further under this grievance procedure, the aggrieved party shall, within five (5) working days of receipt of decision at stage 1, file a written appeal of the decision at stage 1 with the President. Copies of the written decision at stage 1 shall be submitted with the appeal.
- Within two (2) faculty working days after receipt of the appeal, the President or his/her duly authorized representative, shall schedule a pre-hearing conference with the grievant and other parties in interest for the purpose of again attempting to resolve the grievance informally.
- If the grievance is not resolved as a result of the pre-hearing conference the President or his/her representative shall commence a hearing on the matter within ten (10) faculty working days of the date of the pre-hearing conference. The President shall render a decision within five (5) faculty working days after the conclusion of the hearing.
- Stage 3: Binding Arbitration
- If the Association is not satisfied with the decision at the conclusion of stage 2, the Association may submit the matter to arbitration by written submission to the American Arbitration Association, with copy to the President, within five (5) faculty working days of receipt of the decision at stage 2. The parties will be bound by the Voluntary Arbitration Rules and Procedures of the American Arbitration Association.
- The selected arbitrator will hear the matter promptly and will issue his/her decision not later than fourteen (14) calendar days from the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasons and conclusions on the issues.
- The arbitrator shall not have the power or authority to alter, amend, or change the terms and provisions hereof, or to make any decision which requires the commission of an act prohibited by law, or which is violative of the terms of this Agreement.
- The decision of the arbitrator shall be final and binding upon all parties.
- The cost of the services of the arbitrator and all other such expenses including the cost of the stenographer, and any other associated costs of the arbitration, will be borne solely by the party whose position is completely dismissed by the arbitrator. If the arbitrator awards partial judgment to both parties, then the costs of those services will be borne equally by the College and the Association, or as otherwise may be determined by the arbitrator. The arbitrator will retain jurisdiction and shall determine any dispute between the parties concerning the meaning and/or the application of this provision.
- Stage 1: Supervisor – Informal