Section 1. Definition
A grievance is any dispute concerning the interpretation, the application, or claimed violation(s) of a specific provision(s) of this Agreement.
Unless otherwise specified, the term “DLC” as used in this Article shall refer to the teaching or research units or organizations within MIT that administer the work and/or work environment (whether intra- or inter-departmental), including any such departments, labs, centers, institutes, programs, and initiatives.
In the event there is any disagreement or lack of clarity as to the appropriate DLC for a particular grievance, the parties agree to work in good faith to determine the appropriate DLC.
Section 2. Representation
Any aggrieved employee may be represented at all stages of the formal grievance procedure prior to Step 3 by themself or, at the employee’s option, by a Union steward selected or approved by the Union. The Union shall have the right to be present at all Steps as a party of interest. A grievance may be adjusted with or without the involvement of the Union as long as the adjustment is not inconsistent with the terms of this Agreement and provided further that the Union has been given the opportunity to be present at such adjustment.
Section 3. Notification of Stewards
The Union shall furnish MIT with a full list of Union stewards as soon as they become available, but no later than October 15 of each year. The Union shall also inform MIT of any changes to the stewards list as they become available.
Section 4. Adjustment of Grievances
The parties support the resolution of grievances at the lowest possible level and therefore encourage informal discussions to resolve concerns and disputes without invoking this formal grievance procedure. An effort shall first be made to adjust an alleged grievance informally between the employee (and their Union steward, if so desired) and the immediate supervisor (e.g., faculty member, principal investigator, etc., as the case may be) to resolve issues before filing a formal grievance. Grievances settled either informally or during the first two Steps of the grievance procedure shall not set a precedent unless the parties explicitly agree to do so.
Section 5. Grievance Process
The following Steps shall be followed in the processing of formal grievances under this Article:
Step 1
Any formal grievance must be filed at Step 1 of this Article within thirty (30) days following the time at which the aggrieved party could reasonably have been aware of the event giving rise to the grievance. At this stage, the grievance must be presented in writing and must specify the nature of the grievance, the provision(s) of this Agreement alleged to have been violated, and the relief requested. The parties agree that grievances, responses, and appeals are considered filed on the date that they are sent by a party via email or hand delivery.
The grievance shall be filed at Step 1 with the head or director of the DLC where the employee is performing work, with a copy to the following email: graduniongrievances@mit.edu. The DLC head or director, or their designee, shall meet with the affected employee (and their Union steward, if so desired) within ten (10) days of receipt of the grievance to discuss and attempt to resolve the grievance. The DLC head or director, or their designee, may in their discretion have a faculty member or another administrator present for such meeting. If the grievance is not resolved at this meeting, the DLC head or director, or their designee, shall respond in writing to the filer of the grievance, with a copy to grievance@mitgsu.org, within fourteen (14) days of the meeting.
Step 2
If the grievant is dissatisfied with the answer at Step 1, they may move the grievance to the dean of the school or college, or the Senior Vice Provost for Research (SVPR) for those employees in labs or centers that report to the SVPR, within seven (7) days of the Step 1 denial. The dean or SVPR, or their designee, shall meet with the affected employee (and their Union steward or representative, if so desired) within fifteen (15) days of receipt of the grievance to discuss and attempt to resolve the grievance. The dean or SVPR, or their designee, may in their discretion have a faculty member or another administrator present. If the grievance is not resolved at this meeting, the dean or SVPR, or their designee, shall respond in writing to the Union within twenty-one (21) days of the meeting.
Step 3
If the grievant is dissatisfied with the answer at Step 2, they may move the grievance to the Vice Chancellor for Undergraduate and Graduate Education, or their designee, within fourteen (14) days of the Step 2 denial. The Vice Chancellor, or their designee, shall meet with the Union representative and the employee affected within thirty (30) days of receipt of the grievance to discuss and attempt to resolve the grievance. The Vice Chancellor, or their designee, may in their discretion have a faculty member or another administrator present. If the grievance is not resolved at this meeting, the Vice Chancellor, or their designee, shall respond in writing to the Union within thirty (30) days of the meeting. Only the Union may file a Step 3 grievance.
Section 6. Grievances of a General or Emergency Nature
Grievances of an emergency nature or grievances affecting a class or group of employees from more than one DLC may be initiated at Step 3. For the purposes of the preceding sentence, an “emergency” is a situation where, if the parties proceeded with the usual grievance step process, the delay in processing the grievance may lead to serious harm to the grievant. All other grievances must be filed at Step 1. However, by mutual agreement, the parties may agree that a given grievance may be initiated at Step 2 or 3.
Section 7. Arbitration
A. Request: The Union may submit a grievance to arbitration provided that written notice of intent to arbitrate is delivered to the office of the Vice Chancellor for Undergraduate and Graduate Education within thirty (30) days following receipt of the decision in Step 3 of the grievance procedure. Only the Union may process a grievance to arbitration.
B. Selection of Arbitrator: Within ten (10) days of the submission of a request to arbitrate, the parties may attempt to agree upon the selection of an arbitrator. If they cannot agree within that ten (10)-day period, the Union shall request a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS), and selection shall be made in accordance with the Arbitration Policies and Procedures of that body. The arbitration will be conducted in accordance with the Arbitration Policies and Procedures of the FMCS.
C. Hearing: The grievance shall be heard by a single arbitrator. Both parties may be represented by such person or persons as they choose or designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator.
D. Decision: The arbitrator so selected shall confer with MIT and Union representatives, hold hearings promptly, and issue their decision not later than thirty (30) days from the date of the close of the hearings or, if written briefs have not been waived, from the date the brief for each side has been submitted to the arbitrator. The arbitrator’s decision shall be in writing and shall set forth their findings of fact, reasoning, and conclusions on the issues submitted. In reaching their conclusions on the grievance before them, the arbitrator shall consider the totality of this Agreement and shall not have power to alter, add, or detract from the specific provisions of the Agreement. The decision of the arbitrator shall be submitted to the parties and shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award.
E. Expenses: The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by MIT and the Union. Any other expenses incurred shall be paid by the party incurring the same.
F. Expedited Arbitration: Notwithstanding the foregoing, in the event of the termination of an employee, the Union may refer the grievance to expedited arbitration by including such intent in the written notice to arbitrate. In such case, the Union and MIT shall submit a joint request to the FMCS for expedited arbitration. The case shall proceed as provided by the FMCS procedures for expedited arbitration.
Section 8. Time Limits
A. The term “days” when used in this Article refers to calendar days.
B. Failure by the employee or Union to comply with the time limitations of this Article at any of the Steps, including the initial filing of the grievance, shall constitute a forfeiture of the right to pursue the grievance and shall preclude any further processing of the grievance.
C. Failure by MIT at any Step to communicate its response within the specified time limits shall permit the employee or the Union to proceed to the next Step. Notwithstanding this provision, MIT fully accepts its good faith obligation to process grievances, confer with grievant(s) and their Union representatives, and issue written decisions in accordance with the procedure described under this Article.
D. All time limits herein may be extended by mutual agreement expressed in writing.
Section 9. Pendency Provision
The filing or pendency of a grievance under the provisions of this Article shall not prevent MIT from taking the action complained of, subject, however, to the final decision of the arbitrator.
Section 10. No Retaliation
MIT shall not retaliate in any form against an employee for participating in the (formal or informal) grievance procedure in this Article, or for the exercise of rights guaranteed by this Agreement. Employees and MIT shall engage in good faith in the processing of grievances under this Article.
However, in cases of alleged academic retaliation (i.e., an allegation that an employee experienced retaliation in the form of an adverse academic action or decision), such claims will be processed in accordance with MIT’s non-retaliation policies and procedures (MIT Policies and Procedures 9.7) rather than this grievance and arbitration procedure.