PSU-AAUP bargaining unit members can file grievances under two separate procedures: contractual and non-contractual.
The first, called a contractual grievance, is a grievance based on an alleged “violation, misinterpretation, or improper application of the Collective Bargaining Agreement.”
The second, called a non-contractual grievance, arises from unfair or inequitable treatment by the University, and is based on a mandate in the Oregon Administrative Rules that each university have “appropriate grievance procedures, in accordance with the rulemaking procedures of the Administrative Procedure Act.” It is an allegation that there has been a violation, misinterpretation, or improper application of the Bargaining Agreement.
If you think you have a grievance, please contact Phil Lesch, PSU-AAUP Executive Director. Our internal protocol provides that the Executive Director initially determines if the occurrence is a violation of the contract. If it appears to be a violation of the contract, or a contractual grievance, the Executive Director refers the matter to the Vice President of Grievances for assignment to a grievance committee member. The grievance committee member, with the assistance of the rest of the grievance committee and the Executive Director, conducts an investigation, confirms the facts of the case, files the grievance and represents you every step of the way through the grievance procedure.
If the matter is not a violation of the contract, then it is possible that it can still be challenged through the non-contractual grievance procedure, which is an OAR procedure. Any occurrences involving “academic judgment” or management discretion falls outside of the contract and can be challenged through the non-contractual grievance procedure. Although we will gladly provide advice and assistance, PSU-AAUP has no formal standing in the non-contractual grievance process. Although we will gladly provide advice and assistance, PSU-AAUP has no formal standing in the non-contractual grievance process.
Tips on Using the Grievance Procedures
“Time is of the essence in the presentation of grievances.” (Article 20, Section 5, Collective Bargaining Agreement) A contractual grievance must be presented at the first level within 40 days of the grievable action.
The sooner you contact us, the sooner we can help you determine what kind of action is appropriate.
Keep a file of all documents related to your case.
Keep a log/journal/diary of your case, recording in detail events as they occur.