ARTICLE XIII

Grievance and Arbitration Procedure

1. The term "grievance" shall mean any dispute concerning the interpretation, application or enforcement of the provisions of this Agreement.

2. Grievances shall be processed as follows:

Step 1: Within fifteen (15) working days of the occurrence giving rise to the grievance or within fifteen (15) working days of the time the employee should have known of the occurrence, the aggrieved employee shall present it to his/her immediate supervisor on campus, who shall attempt to adjust it, provided that the immediate supervisor is not a Unit IV employee. Should this be the case, the grievance shall be presented to the lowest level administrator in the "Exempt Category."

Step 2: If the grievance is not settled at Step 1 within three (3) working days, it shall be presented in writing by the aggrieved employee and/or the guild to the appropriate Exempt Administrator.

Step 3: If the grievance is not settled at Step 2 within seven (7) working days, it shall be presented in writing by the aggrieved employee and/or the Guild to the Chief Executive Officer of the College.

Step 4: If the grievance is not settled at Step 3 within seven (7) working days, it shall be presented in writing by the aggrieved employee and/or the Guild to the Director of Personnel and Labor Relations.

Step 5: If the grievance is not settled at Step 4 within seven (7) working days, it may be presented by the Guild or by the College (if the grievance was initiated by the College) to final and binding arbitration before an arbitrator to be appointed by the Suffolk County PERB. Effective September 22, 1994 arbitrators shall be appointed by American Arbitration Association, and bound by its rules, whose decision shall not alter, amend, add to or detract from the provisions of this agreement. The arbitrator's fee shall be paid equally by the Guild and the County.

3. If a grievance affects a group or all of the employees, it may be submitted by either party at Step 3.

4. If the time limits set forth above are exceeded, the aggrieved party may invoke the next step of the procedure, except that the fifteen (15) day time limit specified in Step 1 may not be exceeded or the grievance shall be deemed waived.

5. All parties, including the aggrieved employee, the Guild and the College, shall have the right to have representatives, including legal counsel, present at all stages of the above procedure and shall be given adequate notice of the same.