The grievance and discipline sections of our PATFA bargaining agreement deal with what can happen when, respectively, you are unhappy with a condition of your employment with the university and when the university is unhappy with your performance. In either case, the first step if you are an adjunct is to consult with the union to find out what your rights are and what steps you can take.
One of the ways your union serves you is to help you navigate the ins and outs of the grievance process. Pursuing an official grievance is actually the culmination of a series of actions that should produce happier results for you well before taking that step. In all instances, you are always welcome to contact PATFA to get clarity and advice on your situation. Get in touch with your campus rep or Michele Cheung, who is not only PATFA president but the PAFTA grievance officer.
The union will not move forward with your situation without your consent, will respect confidentiality, and recognizes that different adjuncts have different desired resolutions. At the very least, we can see that you receive your due process. With either perceived grievances and/or disciplinary steps on the part of the university, it is a good idea to contact the union for information and advice.
Sometimes, adjuncts feel something is unfair but are unsure of whether they are entitled by the bargaining agreement to seek redress. We can listen to your situation and let you find clarity on that issue. Even when you have no claim, we can sometimes point out a place in your relation with the university that will prevent a circumstance you don’t prefer.
Sometimes, you know precisely what your complaint is. In that case, we can help you sort out what your goal is and how best to achieve the result you want. That usually involves dealing with the issue with your direct supervisor; if that does not result in a satisfactory outcome, we move up the chain.
Sometimes, the union pursues a grievance like a class action, on behalf of the whole membership – for instance, with regard to the kind of items that appear in the bargaining agreement surrounding pay and Academic Year Appointments.
Your university takes pre-disciplinary and disciplinary steps, including termination, when it is unhappy with your performance or behavior. Again, the first step is to contact the union for advice. If you feel you need it, you can request a union representative to attend pre-disciplinary and disciplinary meetings with you. Contact your campus union representative or the union president.
Here is Article 17 – Grievance Procedure, full text from 2017-19 PATFA contract:
“The Union and the University agree that they will use their best efforts to encourage the informal and prompt settlement of any complaint that exists with respect to the interpretation or application of this Agreement. However, in the event such a complaint arises between the University and the Union which cannot be settled informally, a grievance procedure is described herein.
“A. Definitions:
“1. A ‘grievance’ shall mean a filed allegation arising during the term of this Agreement between the University and a unit member, or a group of unit members, or the Union with respect to the interpretation or application of a specific term of this Agreement, subject to the procedure described below.
“2. A ‘grievant’ is the unit member, group of unit members or Union making the complaint.
“3. ‘Days’ shall mean all days exclusive of Saturdays, Sundays and official recognized University holidays.
“B. Informal Procedure:
“A complaint may be presented informally to the administrator whose decision or action is being contested.”
“C. Formal Procedure:
“Step 1: In the event satisfactory resolution is not achieved through informal discussions, the grievant, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the grievant reasonably should have known of such act or omission if that date is later, shall complete and forward to the administrator whose action or decision is being contested the written signed grievance form (Appendix B). The Administrator shall respond in writing within twenty (20) days of receipt of the grievance.
“Step 2: In the event satisfactory resolution is not achieved in Step l, the grievant, within twenty (20) days of receipt of an answer or of the date the answer is due if no answer is provided, shall forward the grievance form and written statement(s) why the resolution is not satisfactory, and any other documentation, to the chief administrative officer or his/her designee. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance. If the grievance affects unit members in more than one department, division or other appropriate unit on a campus, the Union, within twenty (20) days following the act or omission giving rise to the grievance or the date on which the Union reasonably should have known of such act or omission if that date is later, shall forward to the chief administrative officer or his or her designee the written signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
“Step 3: In the event satisfactory resolution has not been achieved in Steps 1 and 2, the Union, within twenty (20) days of receipt of the answer or of the date the answer is due if no answer is provided, may forward to the Chancellor or his or her designee the written grievance form, written statement(s) why the resolution is not satisfactory, and any other documentation. The Chancellor or his or her designee shall answer in writing within twenty (20) days of receipt of the grievance. If the grievance affects unit members on more than one campus, the Union within twenty (20) days following the action or omission giving rise to the grievance or the date on which the Union reasonably should have known of such act or omission if that date is later, shall forward to the Chancellor or his or her designee the written signed grievance form referred to in Step 1. A grievance so presented shall be answered in writing within twenty (20) days of receipt of the grievance.
“Step 4: a) In the event a grievance is not satisfactorily resolved in Step 3 of the grievance procedure and the Union wishes to proceed to arbitration, it shall serve written notice to that effect. Notice shall be by certified mail directed to the Chancellor within twenty (20) days after receipt of the Step 3 answer or the date such answer is due, if no answer is provided. The parties shall meet within ten (10) days to select an arbitrator competent in matters concerning institutions of higher education. Should the parties be unable to agree upon an arbitrator within five (5) days of the initial meeting, or if the ten day period lapses without a meeting being scheduled, the grievance may be referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association.
“b) The arbitrator shall have no authority to add to, subtract from, modify or alter the terms or provisions of this Agreement. Arbitration shall be confined to disputes arising under the terms of this Agreement.
“c) The arbitrator shall have no authority to substitute his or her judgment for the academic judgment exercised by the chief administrative officer or designee(s) or the Board of Trustees or their designee(s). If an arbitrator determines that academic judgment has been exercised in an arbitrary or capricious manner, the arbitrator may remand the decision being grieved for reconsideration. This remand may include a recommendation from the arbitrator.
“d) The arbitrator's decision as to whether there has been a violation of this Agreement shall be final and binding on the University, the Union and any and all affected members.
“e) An arbitrator may award lost University compensation where appropriate to remedy a violation of the Agreement, but the arbitrator may not award other monetary damages or penalties.
“D. Rights and Responsibilities of the Grievant, University and Union:
“1. No reprisals shall be taken by either the grievant, Union or the University against any participant in the grievance procedure by reason of such participation.
“2. A unit member may be represented at any level of the grievance procedure by a Union member, or professional staff or counsel of the Union or its affiliates.
“3. When a unit member is not represented by the Union, the Union shall have the right and reasonable opportunity to be present at all stages of the formal procedure and to state its views.
“4. Except for the decision resulting from arbitration or settlement, all documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the unit members.
“5. The forms which must be used for filing a grievance shall be prepared by the University and supplied to unit members and the Union.
“6. In all grievances at Steps 2 and 3, the grievance designees for the Union and the University, or their representatives, will arrange a meeting to discuss the grievance. Other participants in the matter which is the subject of the grievance may attend by invitation of a party. The requirement to conduct such a meeting may be waived with respect to any grievance by mutual agreement, confirmed in writing, of the University and Union representatives involved.
“7. All meetings and hearings under this procedure shall be conducted in private and shall include only the parties in interest and their designated representatives.
“8. In the event that a grievance is not timely answered by the University at any step in the procedure, the grievant or the Union, as appropriate, may file at the next step in the procedure.
“9. The costs of arbitration (arbitrator's fees and expenses and charges by the AAA) will be borne equally by the University and the Union.
“10. The University shall promptly forward to the Union a copy of any submitted written grievance and any written material accompanying the grievance. This requirement is waived in the case of grievances filed by the Union, or unit member(s) who are represented by the Union or its representatives.
“11. No complaint informally resolved or grievance resolved at Steps 1 or 2 shall constitute a precedent for any purpose unless agreed to in writing by the Chancellor or designee and the Union.
“12. All grievances shall be filed within the time limits set forth or the grievance will be deemed to have been resolved by the decision at the prior step. The time limits in this Article may be extended by mutual agreement of the grievant and the appropriate University administrator at any step of the grievance procedure except that the time limits for the initial filing of the grievance may be extended only by agreement between the Chancellor or designee and the Union. Any mutual agreement shall be confirmed in writing as soon as practicable.
“13. Acts or omissions which occurred prior to the execution of this Agreement shall not constitute evidence of a violation of any term of this Agreement.
“14. Grievances will be scheduled for arbitration in the order in which the University receives from the Union notice of its intent to proceed to arbitration, except where the parties mutually agree otherwise in this Agreement. In scheduling arbitrations, the parties may mutually agree to schedule more than one grievance to be heard by a single arbitrator.
“E. Duplicate Proceeding:
"A grievance alleging a violation of the non-discrimination article shall not be processed under this Agreement on behalf of any employee who files or prosecutes, or permits to be filed or prosecuted on his or her behalf in any court or governmental agency, a claim, complaint or suit, complaining of the action grieved, under applicable federal or state law or regulation. Notwithstanding the preceding sentence, if the processing of a grievance is not completed within one hundred fifty (150) days of the date of the alleged violation, the restriction provided in the preceding sentence shall not be applicable where a complaint is filed thereafter with the Maine Human Rights Commission or their successor agencies with respect to the same claim.”
Article 18 – Discipline and Discharge, full text from the 2017-19 PATFA contract:
“A. The University shall follow the principles of progressive discipline when and where appropriate. Disciplinary action includes the following:
“1. Oral reprimand
“2. Written reprimand
“3. Suspension with pay
“4. Suspension without pay
“5. Termination
“B. The University may suspend or terminate a unit member for just cause including, but not limited to:
“1. Clear and present danger to the safety of persons or property, or
“2. Incompetence.
“3. The Chief Administrative Officer or designee may immediately suspend a unit member with pay when there is evidence that the unit member’s presence imminently threatens individuals or the operations of the University.
“C. Should the University decide to hold a disciplinary hearing prior to determining whether or not to terminate or suspend a unit member without pay, it shall provide the unit member with written notice of such hearing. At hearing, the University shall provide the unit member with an explanation of any adverse evidence and allow an opportunity for the unit member to respond. The University shall notify the unit member in advance of his/her right to union representation at such hearing.
“D. Any unit member who is terminated or suspended shall be given timely written notice of the action and the reasons therefore by the Chief Administrative Officer or designee. The System Office of Labor Relations and the Union shall receive duplicate copies of the written action.
“E. Termination of a unit member pursuant to this Article shall receive priority scheduling at Step 4 of the grievance procedure.
“F. Complaints:
“A complaint shall be defined as any written or oral communication made to a University administrator which adversely reflects upon a unit member’s professional performance.
“1. When a complaint regarding the conduct of a unit member is received by an administrator, the complaint may be reduced to a separate writing and provided to the unit member. Depending upon the circumstances, names of students may be omitted from the complaint in the interests of confidentiality. The written complaint shall include information relative to a specific act(s), location(s), name(s) (if not otherwise deemed to be held confidential), and witnesses if any.
“2. If an administrator decides that the allegations in the complaint are serious enough to warrant the formal questioning of a unit member, the administrator will notify the unit member of such questioning and of his/her right to Union representation.
“3. Investigative records of substantiated complaints may only be placed in a unit member’s personnel file if used as a basis for disciplinary action. The University cannot maintain confidentiality if it uses the complaint as a basis for discipline or in an evaluation.
“4. Records of disciplinary action other than suspension or termination shall be removed from a unit member’s personnel file after four semesters, unless the unit member has received another disciplinary action during that period.
“5. The Union may file a grievance concerning suspension or discharge at the level of the campus President or designee.”
REMEMBER: This post is from PATFA, not Human Resources. Each part-time faculty member receives a “contract” from the provost that offers specific course work and specific pay. That is a contract. But the “PATFA contract” is also a legally binding document that affects you and the University of Maine System. (And don’t let anybody at one of the seven System universities say, “Well, we don’t do it that way here.” The PATFA contract is binding on all seven universities.)
From your PATFA Executive Council: Michele Cheung, USM, president; Jim Seymour, UMA, vice president; Pam Mitchel, UMF, treasurer; and Tom McCord, UMA, secretary.
Website: http://patfa.me.aft.org/
PATFA office: 311 Belfast Hall, UMA Bangor, 85 Texas Ave., Bangor, ME 04401-4340.
PATFA office phone: (207) 262-7971 (checked weekdays).
Facebook: PATFA@aftmaine
Email: patfa@maine.edu