Collective Bargaining Agreement between University of Delaware and the Fraternal Order of Police Lodge No. 7, University of Delaware Chapter

Effective July 1, 2008 ­
June 30, 2010

Should an employee or the Lodge assert that a violation of the Agreement has occurred, they must utilize the following procedure to adjudicate the matter.

A grievance is defined as a claim that a term or provision of the Agreement has been violated. If an employee asserts a grievance, he/she shall discuss the matter informally with the supervisor.

Step 1: If the issue is not resolved informally, then the matter shall be reduced to writing and submitted to the Chief within ten (10) calendar days of the occurrence of the event giving rise to the grievance. The written grievance shall state the action alleged to violate the contract, the contract provision violated, and the relief requested. The Chief or his designee shall meet with the grievant and a Lodge representative within five (5) calendar days. The Chief or his designee shall respond to the grievance in writing within five (5) calendar days.

Step 2: Upon receipt of the Step 1 answer, or at the expiration of the time for receiving the Step 1 answer, the grievant shall have ten (10) calendar days to appeal the answer in writing to the Assistant Vice President for Labor Relations. Upon receipt of the appeal, the Assistant Vice President or his designee shall meet with the grievant and a Lodge representative within ten (10) calendar days. He shall provide a written answer to the appeal within five (5) calendar days of the meeting.

Step 3: Within twenty (20) calendar days of receipt of the Step 2 answer or upon the expiration of the time for receiving the Step 2 answer, the Lodge may appeal the matter to arbitration by sending written notification to the Assistant Vice President for Labor Relations of its intent to proceed to arbitration. If the parties cannot agree on the selection of an arbitrator within ten (10) calendar days thereafter, then the Lodge shall file a written request for arbitration with the American Arbitration Association in Philadelphia in accordance with its rules for voluntary labor arbitration.

The costs of the Association's fees and of the arbitrator shall be divided between the University and the Lodge. The arbitrator shall have access to all written statements and documents pertaining to the appeal. The grievant may be represented at arbitration by an FOP representative of his choice.

In no event shall the arbitrator have any authority to modify, amend, or alter any terms or conditions of this Agreement and the arbitrator shall be bound by any submission or stipulation jointly agreed upon by the parties. The arbitrator's decision shall be final and binding upon the parties.

Failure of the grievant or Lodge to file an appeal within the time limits of these provisions shall constitute a final and binding resolution of the grievance; however, the parties may mutually agree to extend the time limits herein.

A grievance by the Lodge alleging that its rights under the contract have been violated shall be filed at Step 2.

The grievant and a Lodge representative shall have the right to attend all Step meetings conducted herein.