At CMU the grievance procedure is AFTER the decision. It requires
arbitration. I am not exactly sure how the arbitrators are chosen - it
may explain it in the agreement in more detail.

I have attached a copy of our agreement (Adobe format) if you want to
see it. We have a long and complicated process that has appeals at every
level, but the grievance is filed after the Provost makes the decision.

Nancy J. White
Department of Finance and Law
Central Michigan University
Sloan 329
Mt. Pleasant, MI 48859

989-774-1842
FAX: 989-774-6456


-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Miller, Carol J
Sent: Monday, October 25, 2004 2:58 PM
To: [log in to unmask]
Subject: Arbitration - Faculty Grievance

At what point is arbitration appropriate (or required from a due process
standpoing) in the faculty grievance review process?

We are revising our Faculty Handbook at SMSU, including the section
related to the process used in imposing sanctions on faculty members
(including detenure firing).  My question is whether an arbitration
procedure has to be included PRIOR to the Board of Governors' decision
to fire someone -- in addition to the hearing before a faculty panel and
administrative review that we already have in place.   Our committee
prefers to save the outside lawsuits and arbitration until after the
university has made its final decision.  Our staff attorney is pushing
for more internal due process with the arbitration awkwardly inserted in
the middle.

Carol Miller 
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