FAQ – Grievance, MACER and Arbitration

 
Q – If my issue is one that involves affirmative action or discrimination, do I file a Grievance? 
A – For issues involving affirmative action and/or discrimination a unit member is encouraged to proceed under the Employer’s Affirmative Action Policy, which contains a separate grievance procedure  in a forum devoted exclusively to those issues.

Q – What should I do first if I feel that I am justified in filing a Grievance?
A –  Wherever possible, you should try to first work things out informally with your supervisor, or with the party you are considering filing a grievance against.   This is considered an Informal Adjustment.  You would want to involved  a member of your elected local chapter leadership at any meeting you have.

Q – If I don’t wish to bring it up with my supervisor further because he/she is the problem, or if the issue involves a situation that can’t be remedied by my supervisor or even their supervisor, what do I do?
A –  You may ask your local chapter leadership if it is a matter that could go to MACER.  Many issues and problems are resolved on this level.

Q – What is Macer?
A – Macer stands for the Management Association on Employee Relations.  According to the contract, Article 22.01, “such a committee shall be composed of six (6) members: three (3) representing the local college administration and three (3) representing the association.”  The purpose of MACER is to attempt to resolve issues before they go to a formal grievance.  MACER also offers the employer and the local elected MCCC representatives a forum in which to discuss issues of mutual concern.  By contract, “there shall be at least one (1) meeting per month during the academic year.”

Macer is often a second step in the process to address work related problems and issues.  A first step would be to try to resolve a problem informally with one’s supervisor, or with the dean or department head who administers the area of concern.

he contract begins (11.02 I) with discussion of Non-Reappointment of Unit Professionals, stating that Non-Reappointment may occur “without cause” in the first four (4) years.  Reasons may be provided at the discretion of the College President, and these reasons shall NOT be subject to grievance procedures.  In other words, you may not be reappointed and the employer is neither obliged to give you a reason, nor have a reason or cause to not reappoint you.  In addition, you do not have the right to grieve such an action.

Q – If MACER does not resolve the problem, what do I do ?
A – According to 10.03B of the contract you would proceed towards the Formal Adjustment.  In this case a Standard Form will be filed at the Step One level.  If the matter involves an action by the Board, or a matter of general system-wide applicability, the Standard Form shall be filed, and the complaint shall be filed at the Step Two level.

Q – What is the Step One Level?
A – According to the contract, “within thirty (30) calendar days after the grievant knows or should have known of the alleged act or omission on which the grievance is based, the grievant shall present the complaint and  all evidence upon which the grievant relies or intends to rely as supporting the claim of the grievant for relief to  the President of the College.  The “Complaint” shall state all issues and contract violations upon which the grievance is based.”  The College President or their designee will have thirty days in which to render a decision on the issue.

Q – What if the President never replies, or if the Grievance isn’t reconciled?
A – The Grievance than goes to Step Two.

Q – What occurs at Step Two of a Grievance?
A  – At Step Two, the Step One decision is appealed to the Chancellor for mediation (on a standard form) and a copy is sent to the President.  The appeal needs to be filed within ten days of either the receipt of the President’s decision or within ten days of the deadline specified for the Step One decision.

Q – What happens after the Chancellor or their designee has my Step Two Grievance?
A – Within forty days of the receipt of the appeal, the parties meet.  A mediator will be assigned to the issue.  If no settlement is reached in the mediation conference, the grievance may be appealed to arbitration.

Q – What happens if the issue goes to Arbitration?
A –Within forty (40) days after mediation, arbitration may be initiated.  That said the Association (MCCC Union) shall have the exclusive right to initiate arbitration of a grievance.  The decision or award of the arbitrator shall be final and finding for the union, employee and the employer.

Arbitration is a serious matter.  The demand for arbitration is filed  with the American Arbitration Association and with the Chancellor.

You can read the section of the contract pertaining to Arbitration in these two links.   Arbitration 1 and 2.  (The size of the file necessitated two links)

Q – Grievances seem very complicated.  Is there a resource that would help me understand this process better?
A – Yes.  Your best resource initially are the members of your elected Local Chapter leadership.  At some colleges, there is a union member who specifically deals with grievance issues.  Even when such a specific position is not held at your College,  should always seek advice first from your Unit Pro representative, or the MCCC local Chapter President or Director.

Q – I’ve been through some portion of this process.  Should I run for MCCC local chapter office?
A –  YES!  We need people like you to help fellow members.

For further information about the contract and the MCCC, consult the Contract at the MCCC main website.