CUE's Internal Process for Deciding Which Grievances to Send to Arbitration

Arbitration appeals procedure

1. Timeline pursuant to contract.
1. Grievance must be appealed within 30 days of step 3 decision or step 2 decision in expedited grievances. Appeal must be signed by president of CUE or designee.
2. UC must acknowledge receipt within 15 days from date of appeal and send all correspondence to address designated by union.
3. Union must contact UC within 45 days from date of appeal to select arbitrator.
4. Hearing date must be scheduled within 90 days from date of appeal.
5. Failure to select arbitrator and schedule hearing date within these time periods will bar grievance from arbitration and last UC answer will become final.
6. Timelines may be extended pursuant to A.9.d.
2. Step 3 responses
1. All step 3 responses will be sent to the statewide chief steward. A copy will also be sent to the local representative by UC or forwarded by the statewide office.
2. All step 3 decisions will automatically be appealed to arbitration by the statewide chief steward.
3. Recommendation of local
1. Locals must submit a recommendation for or against rbitration. Locals are urged to review the case and develop the recommendation at the time the grievance is appealed to step 3. The local process should allow the grievant or grievant's representative to argue (in person or in writing) why the case should be taken forward.
2. Within 7 days of the local's receipt of the step 3 response, the local must submit a recommendation and related material to the statewide chief steward.
3. Regardless of whether the local recommends for or against arbitration, the local will also submit a form for each case to the statewide chief steward. The local's recommendation will include a brief outline of the facts of the case, why it is important, and who will serve as representative in the hearing (e.g., member steward, staff person, or lawyer). It should also include key documents (for discipline, the notice of charges; for contract interpretation, bargaining history &/or past practice), names of key witnesses, contact information for both steward & grievant, an assessment of the impact of the case, and why or why not it seems winnable. If the local wants a lawyer to handle the case, it should refer to the standards for review below in explaining its request.
4. Statewide-level subcommittee review
1. The statewide executive board has designated a standing subcommittee to review appeals to arbitration. One subcommittee serves northern campuses (BK, SF, DV, SC, LBNL, OP), and one serves the southern (SB, IR, LA, RV, SD). Each subcommittee shall consists of two executive board members with the remaining members chosen by the locals. The subcommittees meet in person at reasonable places and times. The statewide chief steward or appointee chairs both subcommittees, but may attend by phone for remote meetings.
2. Each subcommittee consists of two statewide executive board members and is chaired by the chief steward or alternate appointed by the statewide president with the approval of the executive board. Subcommittee members on the panel are appointed by the statewide president, with the approval of the executive board, for 1-year terms. The statewide president, with the approval of the executive board, will also appoint alternates. No executive board member may serve on a subcommittee session that reviews a case for which he or she was the representative.
3. Subcommittee meetings may be attended by grievant's representative, the grievant, a reasonable number of witnesses, and others with the subcommittee's consent. Representative and grievant will be notified of time and place of meeting. Grievant may present argument in writing for proceeding.
4. The union's lawyer(s) may participate in the review in person or by phone if the subcommittee deems legal advice necessary.
5. Review by full executive board
1. If the subcommittee decides against the recommendation of the local, the decision may be appealed to the full executive board. Such appeal must be made within 7 days of the subcommittee's decision. The appeal will be heard by the executive board at its next scheduled meeting.
2. Material provided to the subcommittee (documents, witness list, etc.) will be made available to the executive board.
3. Executive board meetings may be attended by grievant's representative, the grievant, a reasonable number of witnesses, andothers with the president's consent. The representative and grievant will be notified of time and place of meeting. Grievant may present argument in writing for proceeding.
4. Travel costs, if any, for attending the meeting shall be shared between the local and the statewide organization.
5. If the executive board does not approve the case for arbitration and the local wishes to proceed, it may take the case to arbitration if it bears the full cost of the hearing and all related costs.
6. If the local wishes to proceed to arbitration and the case has been disapproved by the subcommittee, the local must appeal to the full executive board. The executive board must hear the appeal and issue its decision before the local may exercise its right to continue to arbitration.
6. Standards for review
1. Review by locals or statewide committees shall be based on criteria that includes, but is not limited to, the following:
• potential for success, based on the merits of the case
• existence of important procedural issues
• availability of witnesses/documents to support our claims
• organizing potential
• political reasons (e.g. case involves persecution of union activists)
2. For disciplinary cases:
• was there progressive discipline?
• how many years of service does the grievant have?
• are there mitigating/extenuating circumstances?
3. For contract interpretation cases:
• what is the impact of the case?
• does bargaining history/past practice support our case?
• potential adverse consequences if case is lost
7. Representation
1. Locals select their own representatives for arbitrations, and deference shall be extended to the wishes of the local regarding its choice. The subcommittee reserves the right to review the local's choice of representative. In the event of a disagreement over the representative, final authority for designating the representative shall reside with the statewide executive board.
2. Requests for representation in arbitration by a lawyer not employed by CUE shall be evaluated based on the following additional criteria:
• whether the grievance involves issues of law (e.g., First Amendment or other constitutional rights, including Skelly rights or other due process violations)
• potential impact of the case (esp. in contract interpretation)
• level of complexity, numbers of documents and witnesses, expert witnesses (if any)

• Decisions
1. All arbitration decisions shall be sent directly to the statewide union, which will then send it to the local representative. This will allow decisions to be archived for future use by all.
2. The arbitrator must be instructed to send the decision and bill to the statewide office (2855 Telegraph Ave., #302, Berkeley, CA 94705).
• Financial responsibility
1. For arbitrations approved by the local and subcommittee or executive board, the local and statewide organization will each be responsible for 50% of the hearing costs.
2. For arbitrations where the local has elected to proceed after being disapproved by the executive board. the local shall be responsible for 100% of the hearing costs.
3. For arbitrations which the local has recommended against but which the executive board or subcommittee has approved and directed the local to continue to arbitration, the statewide organization shall bear 100% of the hearing costs.
4. Hearing costs include the following: arbitrator's fee, witnesses fees and travel expenses, document preparation, room rentals, court reporters and/or transcript preparation, and attorney fees, if any.

It is responsibility of the representative to meet all deadlines even if the internal review process has not been completed. Failure to meet deadlines may expose the union to duty of fair representation charges.