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Human Resources

UPW Unit 1: Article 15 Grievance Procedure

A. Any complaint by an Employee or the Union concerning the application and interpretation of this Agreement shall be subject to the grievance procedure. Any relevant information specifically identified by the grievant or the Union in the possession of the Employer needed by the grievant or the Union to investigate and process a grievance, shall be provided to them upon request within seven (7) calendar days. The grievance shall be filed with the department head or the department head’s designee in writing within eighteen (18) calendar days after the occurrence of the alleged violation, or if it concerns an alleged continuing violation, then it must be filed within eighteen (18) calendar days after the alleged violation first became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall be presented to the department head or designee in writing within eighteen (18) calendar days after the alleged error is discovered by the Employee and/or the Union, or the grievance may not be considered.

B. An individual Employee may present a grievance to the Employee's immediate supervisor and have the Employee's grievance heard without intervention of the Union, provided the Union has been afforded an opportunity to be present at the conference(s) on the grievance. Any adjustment made shall not be inconsistent with the terms of this Agreement.

C. Informal Step. A grievance shall, whenever possible, be discussed and resolved informally between the grieving party and/or the Union with the immediate supervisor. By verbal request, the grieving party and/or the Union representative shall be provided an opportunity to meet in Steps 1 and 2 in an attempt to resolve the grievance. The Employer shall provide all information in the possession of the Employer which is needed by the grieving party and/or the Union to investigate and/or process a grievance. The Employer shall photocopy and give the material requested to the grieving party and/or the Union within seven (7) calendar days of the request; or make the material requested available to the grieving party and/or the Union within seven (7) calendar days of the request for the purpose of photocopying or review for five (5) calendar days on the condition that the grieving party and/or the Union agrees to sign and be responsible for the material until it is returned.

D. Step 1. In the event the grievance is not satisfactorily resolved on an informal basis, the grieving party and/or the Union may file a formal grievance by completing the grievance form provided by the Union. The grievance shall be filed with the department head or the department head’s designee in writing within eighteen (18) calendar days after the occurrence of the alleged violation or within eighteen (18) calendar days after the alleged violation first became known to the Employee or the Union.

E. Step 2. In the event the grievance is not resolved in Step 1, the grieving party and/or the Union may file a letter of appeal with the Employer or the Employer’s designee specifying the reasons for the appeal together with a copy of the grievance and a copy of the Step 1 decision within nine (9) calendar days after receipt of the Step 1 decision. In the event a grievance is filed at Step 2, the grievance shall be filed as provided in Section D except that the grievance shall be filed with the Employer or the Employer’s designee instead of the department head or the department head’s designee.

The decision of the Employer or the Employer’s designee shall be in writing and transmitted to the grieving party and/or the Union within nine (9) calendar days after receipt of the appeal.

F. If the Union has a class grievance involving Employees within a department, it may submit the grievance in writing to the department head or designee. Time limits shall be the same as in individual grievances and the procedures for appeal from unsatisfactory answers shall be the same as above.

G. Step 3. Arbitration. In the event the grievance is not resolved in Step 2, and the Union desires to submit the grievance to arbitration, the Union shall notify the Employer within thirty (30) calendar days after receipt of the Step 2 decision. Within fourteen (14) calendar days after the notice of arbitration, the parties shall select an Arbitrator by mutual agreement from names suggested by the parties. In the event the parties fail to select an Arbitrator by mutual agreement either party shall request a list of five (5) names from the Hawaii Labor Relations Board from which the Arbitrator shall be selected. The Union and the Employer by lot shall determine who shall have first choice in deleting a name from the list of Arbitrators. Subsequent deletions shall be made by striking names from the list on an alternating basis and the remaining name shall be designated the Arbitrator.

H. Step 4. Arbitration. If the grievance is not resolved in Step 3 and the Union desires to proceed with arbitration, it shall serve written notice on the Employer or representative of its desire to arbitrate within ten (10) working days after receipt of the Employer's decision at Step 3. Representatives of the parties shall attempt to select an Arbitrator immediately thereafter. If agreement on an Arbitrator is not reached within ten (10) working days after the notice for arbitration is submitted, either party may request the Hawaiʻi Labor Relations Board to submit a list of five (5) Arbitrators. Selection of an Arbitrator shall be made by each party alternately deleting one (1) name at a time from the list. The first party to delete a name shall be determined by lot. The person whose name remains on the list shall be designated the Arbitrator. Within five (5) calendar days after the Arbitrator has been selected each party may submit a statement of its view as to the issue(s) to the Arbitrator with a copy to the other party. The Arbitrator shall determine the issue(s) at the hearing. The date, time and place of the hearing fixed by the Arbitrator shall be within twenty (20) calendar days from the selection of the Arbitrator. No grievance may be arbitrated unless it involves an alleged violation of a specific term or provision of the Agreement. In the event the Employer disputes the arbitrability of a grievance the Arbitrator shall determine whether the grievance is arbitrable prior to or after hearing the merits of the grievance. If the Arbitrator decides the grievance is not arbitrable, the grievance shall be referred back to the parties without decision or recommendation on its merits.

The Arbitrator shall render the award in writing no later than thirty (30) calendar days after the conclusion of the hearing(s) and submission of briefs provided, however, the submission of briefs may be waived by mutual agreement between the Union and the Employer. The award of the Arbitrator shall be final and binding provided, the award is within the scope of the Arbitrator’s authority as described as follows:

  1. The Arbitrator shall not have the power to add to, subtract from, disregard, alter, or modify any of the sections of this Agreement.
  2. The Arbitrator shall be limited to deciding whether the Employer has violated, misinterpreted, or misapplied any of the sections of this Agreement.
  3. A matter that is not specifically set forth in this Agreement shall not be subject to arbitration.
  4. The Arbitrator shall not consider allegations which have not been alleged in Steps 1 and 2.

The fees of the Arbitrator, the cost of transcription and other necessary general costs, shall be shared equally by the Employer and the Union. Each party will pay the cost of presenting its own case and the cost of any transcript that it requests. The Grievant and Employees shall be permitted time off with pay to testify in grievance meetings and arbitration hearings.