Section 6.01 Philosophy and Purpose

(a) The purpose of the grievance procedure is to secure a decision at the lowest level by the Administrator

having the authority to resolve it.

(b) Every effort should be made to resolve the issue when it arises on an informal basis rather than enter in to

formal proceedings.

(c) This procedure will be available to all unit employees with the guarantee that no reprisals of any kind will

be taken against any employee initiating or participating in the grievance procedure. Any reprisals would

also be subject to the grievance procedure.

Section 6.02 Definitions

(a) A GRIEVANCE shall be defined as the affected bargaining unit member making a formal charge or claim

alleging that there has been a violation, misapplication of, or a failure to comply with a provision of this

Agreement.

(b) A GRIEVANT shall be defined as the affected bargaining unit member or the NCSFA-AAUP expressing a

grievance. A grievance alleged to be a "group" grievance shall have arisen out of identical circumstances

affecting each member of said group.

(c) WORKDAY, any day (excluding Saturdays and Sundays) when the College, according to the official

calendar, is open and conducting College business and classes are in session.

Section 6.03 Procedures

(a) The procedures of the grievance system are divided into informal and formal methods. Regardless of the

method, it is important that the grievance be processed as quickly as possible at each administrative level,

so as to render a decision to the grievant as soon as possible.

(b) The number of days indicated herein, should be considered maximum.

(c) Time limits specified may be extended by mutual agreement of all parties involved.

Section 6.04 Informal Procedure

(a) The College and NCSFA-AAUP agree that a number of potential grievances may be avoided if the affected

bargaining unit member and the appropriate College administrator (lowest level administration with ability

to resolve the grievance) are able to discuss and resolve problems by these means. These informal

discussions may include representation by NCSFA-AAUP. If the potential grievance is not resolved by

this informal procedure within fifteen (15) working days of the alleged violation, misapplication or failure

to comply with a provision of this Agreement, then a formal written grievance may be filed. Members of

the bargaining unit and College are encouraged to work out grievances on an informal basis wherever

possible. While an individual grievant has the right to be advised or assisted by the NCSFA-AAUP in

attempting to secure informal resolution, such advice or assistance is not required. However, any resolution

achieved without the NCSFA-AAUP's assistance shall not be binding upon the NCSFA-AAUP or another

bargaining unit member. Nothing shall be construed as limiting the right of the grievant or of the NCSFAAAUP

to present a formal grievance within the 15 work days as specified in THE FORMAL

PROCEDURE of this article.

Section 6.05 Formal Procedure (Step 1)

(a) The grievant who wishes to file a formal grievance shall submit a completed copy of the Grievance Report

Form, to the divisional Dean within fifteen (15) working days of the act or occurrence giving rise to the

grievance or no later than fifteen (15) days after the grievant knew or should have known of the act or

occurrence. The form shall be complete and contain a concise statement of the grievance and must cite

specific sections of this Agreement being grieved.

(b) The Dean or designee shall meet with the grievant and render a decision, including rationale, in writing.

This entire process must be completed within fifteen (15) working days of receipt of the grievance. Copies

shall be provided to the grievant, NCSFA-AAUP President, and the Director of Human Resources.

Section 6.06 Academic Vice President Review (Step 2)

(a) If the grievance is not resolved at this point, the grievant may submit to the Academic Vice President, a

completed copy of the Grievance Report Form within ten (10) working days after the Dean renders a

decision.

(b) The Academic Vice President or designee shall meet with the grievant and render a decision, including

rationale, in writing. This entire process must be completed within fifteen (15) working days of receipt of

the grievance. Copies shall be provided to the grievant, NCSFA-AAUP President, and the Director of

Human Resources.

Section 6.07 Presidential Review (Step 3)

(a) If the grievance is not resolved at this point, the grievant may submit to the President or his designee, a

completed copy of the Grievance Report Form within ten (10) working days after the Academic Vice

President renders a decision.

(b) The President or designee shall meet with the grievant and render a decision, including rationale, in writing.

The grievant is entitled to have representatives present at the hearing. This entire process must be

completed within fifteen (15) working days of receipt of the grievance. Copies shall be provided to the

grievant, NCSFA-AAUP President, and the Director of Human Resources.

Section 6.08 Binding Arbitration (Step 4)

(a) If the grievance is not resolved by the President, the grievant upon written approval of NCSFA-AAUP may

submit to the President a completed copy of the Grievance Report Form within ten (10) working days of

the receipt of the written response by the President, and may request an outside arbitrator.

(b) Within ten (10) work days of the request for arbitration, representatives of the College and NCSFA-AAUP

will conference to select an arbitrator by mutual written consent or request the Federal Mediation and

Conciliation Services (FMCS) to supply a list of arbitrators.

(c) Within ten (10) work days following receipt of a list of arbitrators from FMCS, the parties shall mutually

select an arbitrator. If the arbitrator is not selected by mutual agreement, the parties will alternate in

striking names until only one (1) name remains. The party to strike first shall be determined by a flip of the

coin, or as the parties otherwise agree. If the list of arbitrators is not acceptable to both parties, the parties

may request a new list of arbitrators.

(d) The fees and expenses of arbitration shall be borne equally by the College and NCSFA-AAUP. If a court

reporter is requested and a transcript ordered by only one party, the court reporter's attendance fee, and the

cost of transcripts for that party and the arbitrator shall be borne by the requesting party. If both sides

request a transcript, the attendance fee and transcript costs shall be split equally between the parties.

(e) The arbitrator shall be requested to render a decision as quickly as possible, but in any event, no later than

thirty (30) calendar days after the close of the hearing unless the parties agree otherwise. The arbitrator's

decision shall be final and binding upon the parties. Arbitration shall be limited to one grievance at any

one time.

(0 The arbitrator shall not have the power to add to or subtract from, or modify any of the terms of this

Agreement, nor make any award, which is inconsistent with terms of this Agreement or contrary to law.

The arbitrator shall expressly confine any decision to the precise issues(s) submitted for arbitration and

shall have no power to make any award that exceeds the remedy requested.

Section 6.09 General Provisions

(a) All documents, communications, or records dealing with a grievance shall be filed separately from the

personnel files of the participants.

(b) A grievance may be withdrawn at any level by the grievant without prejudice.

(c) Time limits indicated in this grievance procedure are maximum limits only. Every effort shall be made to

resolve the grievance at the earliest possible date. However, any grievance not timely presented for

disposition at any step herein shall not thereafter be considered a grievance under this Agreement and shall

be deemed settled pursuant to the last response of the College and further appeal shall be waived and

barred. Failure on the part of the College to timely respond to a grievance at any step shall cause such

grievance to proceed to the next step within the appropriate time period.

(d) Within the above time frames, the parties may agree to hold additional meetings.

(e) If a grievance must be resolved at a specific administrative level because of the authority vested in that

position, preliminary levels may be by-passed by mutual consent of all parties.

(f) The grievant must be present at each and every step herein, and NCSFA-AAUP has the right to be

present at each and every step.

(g) Both parties are to have reasonable access to relevant available information concerning the grievance.

(h) The grievant, upon request, shall be entitled to NCSFA-AAUP representation at any meeting of the

grievance procedure. During the term of this Agreement, no organization other than the NCSFA-AAUP

shall be permitted to represent any bargaining unit member in the grievance process.

(i) All notices of hearings and disposition of grievances shall be first hand delivered, with date of receipt

recorded therein, or if hand delivery is not appropriate, mailed by registered letter to the grievant's last

known mailing address. It is the responsibility of the grievant to keep the College informed as to current

mailing address. Notice under this article will be provided to NCSFA-AAUP and the College in the same

manner.

(j) All meetings or hearings under the grievance procedure shall be conducted at a mutually agreeable time

and place.