The parties agree that it is in the best interests of the academic community that all grievances be resolved promptly, fairly and equitably. To this end, relevant and necessary public information, material and documents concerning any grievance shall be provided by the Association and the University upon written request to the other. This entitlement to information does not include the use of written questions directed to individuals where relevant and necessary information sought can be obtained from witnesses or the University representatives who attend a grievance hearing.
The following procedure, which may be initiated by a bargaining unit member and/or the Association, shall be the sole and exclusive means of seeking adjustment and settling those grievances which are grievable under this Article in cases where the parties are entitled to have the grievance determined through binding arbitration at the final step.
The parties recognize that a bargaining unit member may have rights arising from sources other than this Agreement, and nothing herein shall be construed to prevent any action brought pursuant to such rights where the final step on a grievance is not binding arbitration.
B. Definition of a Grievance
A grievance is an allegation by a bargaining unit member or the Association that there has been:
C. Preliminary Informal Procedure
A bargaining unit member may orally present and discuss a grievance with his or her department Chairperson or for librarian unit members his or her campus library director on an informal basis. At the bargaining unit member's option, he or she may request the presence of an additional faculty member or librarian as appropriate. If the bargaining unit member exercises this option, the department Chairperson or campus library director may determine that such grievance be moved to the first formal step.
Informal discussions shall not extend the time within which a grievance must be filed unless such an extension is agreed to in writing by a representative of the University.
D. Formal Steps
1. Step One
Within twenty one (21) calendar days after the event or occurrence, or the date on which the aggrieved party first gained or should reasonably have gained knowledge of the event or occurrence, the aggrieved party shall present the grievance in writing to the appropriate Dean or, for librarian unit members, to the University Librarian, with a copy to the Senior Vice President for Academic Affairs and to the Association, on the form agreed to by the Association and the University. The Dean or the University Librarian shall discuss the grievance with the grievant and render a decision to the grievant within twenty one (21) days after receipt of the grievance.
2. Step Two
If the grievant is not satisfied with the disposition of the grievance at Step One, the Association, as representative of the bargaining unit member, may, within thirty (30) days from the date the grievant receives the decision at said Step One as to a grievance brought under B(1) above, and upon written notification of intent to arbitrate to the Dean or University Librarian, appeal the decision at Step One to arbitration. The arbitrator shall conduct a hearing and investigation to determine the facts and render a decision for the resolution of the grievance. An arbitrator's decision shall be binding. In no event shall an arbitrator's decision have the effect of adding to, subtracting from, modifying or amending the provisions of this Agreement, or any policy of the State, or the University. The arbitrator shall not substitute his or her judgment for academic judgments, including medical, dental, professional or clinical practice judgments, rendered by the persons charged with making such judgments.
If the grievant is not satisfied with the disposition of the grievance at Step One, brought under B(2) above, the Association, as representative of the bargaining unit member, may, within thirty (30) days from the date the grievant received the decision at said step of a grievance brought under B(2) above, and upon written notification of intent to appeal to the Dean or University Librarian, appeal the decision at Step One to the Senior Vice President for Academic Affairs of the University. The decision of the Senior Vice President for Academic Affairs shall be the final step of the grievance procedure within the University for grievances brought under B(2).
Only the Association shall have the right to invoke arbitration. Any costs resulting from the arbitration shall be shared equally by the parties.
The arbitrator making a binding determination of a grievance has the authority to prescribe a compensatory award to implement the decision and shall set forth the reasons for the award.
Arbitrators shall be selected on a case-by-case basis under the selection procedures of the Public Employment Relations Commission.
E. Resolution of Grievances Concerning Promotion and Reappointment
F. Time Limits
The grievant may be represented by the Association Representative at Step One of the Grievance Procedure. No more than two (2) Association representatives may be present at any time and no Association representative will permit attendance at hearings to interfere with obligations to the University. Where more than one Association representative is present, only one shall act as spokesperson for the grievant.
H. Nothing in this Article shall be construed as compelling the Association to submit a grievance to arbitration.
I. No reprisal of any kind shall be taken against any participant in this grievance procedure by reason of proper participation in such procedure.
J. Grievance records shall not be part of the permanent personnel file utilized in the promotion or retention process unless such grievance records pertain to the matter under consideration.
Reference to days in this article means calendar days.
“ AAUP-BHSNJ is the professional Bargaining Representative for more than 1,400 faculty members and librarians of the BHSNJ.
As of July 1, 2013, based on the integration of SOM with Rowan University and the integration of the remaining units of the former UMDNJ with Rutgers University (as per the New
Jersey Medical and Health Sciences Education Restructuring Act as of 2012) AAUP-UMDNJ became AAUP-BHSNJ.
Faculty and Librarians of the former UMDNJ at both Rutgers and Rowan (and those hired into units of the former UMDNJ) are now part of the Biomedical and Health Sciences of New Jersey American Association of University Professors unit, AAUP-BHSNJ.