Common use of Grievance Procedures Clause in Contracts

Grievance Procedures. A grievance shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Union.

Appears in 4 contracts

Samples: Negotiated Agreement, Service Employees, Negotiated Agreement

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Grievance Procedures. A grievance An employee who feels that he has been unjustly discharged, suspended or laid off shall be defined as a make written complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limitsEmployer and the Union within five (5) business days after the discharge, howeversuspension or layoff becomes effective, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by at the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each Industrial Relations Manager's step of the grievance procedure. The grievant is Upon receipt of such complaint the Union shall make a complete investigation as to the justification therefore and in the event the Employer and the Union disagree as to the justification, the matter shall be submitted to arbitration as a grievance. If the employee does not file such complaint within the time prescribed, the matter shall not be entitled to consideration. In the event that any employee considers that he has any grievance or if either party shall be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date opinion that any provision of the event giving rise to the grievance this agreement has been or within ten (10) school days of knowledge of the grievanceis being violated, an attempt xxxxxxx effort shall be made by the Union and the Employer to resolve adjust such grievance as quickly as possible in the following manner: Note: It is understood by both parties that any resolution of a grievance at step one shall not establish a precedent for future cases and shall not be relied on by either party in informal the handling of another matter. Before a written grievance is filed an xxxxxxx effort will be made by the employee and his xxxxxxx to settle the complaint by discussion between the grievant at a place and his/her immediate supervisortime mutually convenient. 2nd Step If the employee wishes a Union representative to be present, this will be arranged without undue delay. If such discussion fails to settle the complaint, then the employee having a grievance canagainst the Employer shall have same presented in writing to the Grievance Committee or other authorized representatives of the Union within five (5) business days after occurrence of the alleged cause for grievance. Otherwise, unless there is a reasonable excuse, such grievance may not be resolved informally, heard or considered by the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designeeCompany. The written grievance shall state first be presented by the nature Xxxxxxx representing such employee's department to the supervisor of the grievance, shall note aggrieved employee. If the specific clause supervisor fails to explain or clauses that pertain to adjust the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative matter satisfactorily within five (5) workdays after business days the grievance has been filed. The grievance response will matter shall then be communicated in writing referred by the Grievance Committee of the Union to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meetingEngineering Superintendent. 3rd Step In the event a grievance has not been satisfactorily resolved at that the 2nd step, the aggrieved employee may file, last named procedure fails within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filedbusiness days to produce a satisfactory settlement, the aggrieved employee matter shall be referred by the Grievance Committee and union representative a Representative of the Union Office to the Industrial Relations Manager. If said procedure fails within five (5) business days (which period may be extended by mutual consent) to produce satisfactory settlement of the matter, it shall then be submitted to arbitration in the following manner: It is agreed that any grievance referred to arbitration shall be ruled on by a single arbitrator selected by agreement between the Company and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon select an arbitrator or to obtain a commitment from within thirty (30) calendar days of any first meeting held for such purpose, the arbitrator, a request for a list of five (5) arbitrators will matter may be made referred to the Public Employee Relations Board (PERB). Each Minister of Labour of the two parties will alternately strike one name at a time from Province of Ontario, or the list until only one name shall remain. The remaining name shall be Arbitration Commission for the appointment of an arbitrator. The decision of the arbitrator so selected shall confer with the Board or the superintendent be rendered within thirty (30) days and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both partiesall parties involved, and shall conclusively determine the matter. The arbitratorarbitrator shall, in his/her opinionthe adjustment of all cases referred, shall not amenddetermine also the question of back pay or compensation, modifyif any, nullify, ignore, or add to the provisions due any employee. Any expense of the Agreement. His/her authority arbitrator shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne shared equally by the Board Employer and the Union. The Plant Chairman or his designated representative, of the bargaining unit may submit a policy grievance at the Industrial Relations Manager's step of the Grievance Procedure. There shall be no strikes, lockouts, sit-down strikes, slow strikes, boycotts, jurisdictional strikes, sympathetic strikes, cessation of work or any other stoppage of work in connection with the Employer's difficulties with the employees or with other unions during the life of this contract.

Appears in 4 contracts

Samples: sp.ltc.gov.on.ca, www.sdc.gov.on.ca, www.sdc.gov.on.ca

Grievance Procedures. I A grievance shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. II Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s 's failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant shall be present at all meetings, and at the option of the grievant(s) may be represented at the meetings by a representative of the Union. When an employee is entitled not represented by the Union, the Union shall have the right to be present at all steps levels, and shall have the right to grieve any adjustment of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise employee’s complaint if such adjustment is inconsistent or contrary to the grievance or within ten (10) school days provisions of knowledge of the grievance, an this agreement. III First Step An attempt shall be made to resolve the any grievance in informal discussion between the grievant complainant and his/her immediate supervisor. 2nd Second Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designeeimmediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting datethe event giving rise to the grievance. The director of nutrition services or designee supervisor shall meet with the employee and union representative within five (5) workdays after make a decision on the grievance has been filed. The grievance response will be communicated and communicate it in writing to the employee, union representative employee and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievance meetinggrievance. 3rd Third Step In the event a grievance has not been satisfactorily resolved at the 2nd second step, the aggrieved employee may file, within ten five (105) workdays of the director of nutrition services’ supervisor's written decision at the 2nd second step, a copy of the grievance with the superintendent or designee. Within five ten (510) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond file an answer within ten (10) workdays of the 3rd third step grievance meeting and communicate the decision it in writing to the employee, union representative employee and director of nutrition services or designeethe supervisor. 4th Fourth Step If the grievance is not resolved satisfactorily at step 3three, there shall be available a 4th fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The her. The arbitrator’s 's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s 's services shall be borne equally by the Board and the Union.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Grievance Procedures. A grievance Grievances shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions violations of this Agreementagreement or disputes regarding interpretations, application, or enforcement of this agreement to Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Every employee covered by this Agreement Grievances shall have the right not include disagreements, disputes, or activities regarding or pertaining to present grievances examinations for employment or promotion, disciplinary action, performance evaluations, and probationary terminations. No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with these proceduresthe procedure contained herein within sixty (60) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The failure provision for the sixty (60) days “statute of limitations” shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure: Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee to act on any does not believe the grievance within the prescribed time limits will act as has been satisfactorily resolved, he/she may file a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed formal appeal in writing to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever command officer responsible for supervision of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or employee’s immediate supervisor within ten (10) school calendar days after receiving the informal decision of knowledge of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee command officer shall respond within ten (10) workdays calendar days of the 3rd step filing of the appeal. If the employee does not believe the grievance meeting and communicate has been satisfactorily resolved by the decision command officer, the employee may then file a formal appeal in writing to the employee, union representative and director Chief of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within Police within ten (10) workdays, calendar days after receiving the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval informal decision of the Unioncommand officer. Within The Chief of Police shall render his written decision within ten (10) workdays calendar days after receiving the appeal. If after receipt of the written notice to submit decision of the grievance to arbitrationChief of Police, the superintendent or superintendent designee and employee is still dissatisfied, he/she may appeal the Union representative decision of the Chief to the Town Manager. Such appeal shall meet and attempt be made by filing a written appeal to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of Town Manager within five (5) arbitrators will days after the receipt of the written decision of the Chief. The Town shall render a written decision within twenty (20) working days after the appeal is made. If after receipt of the written decision of the Town Manager the employee is still dissatisfied, he/she may appeal the decision of the Town Manager to the Personnel Board. Such appeal shall be made by filing a written appeal to the Public Employee Relations Board (PERB). Each Chair of the two parties will alternately strike one name at a time from Personnel Board within five (5) days after receipt of the list until only one name shall remainwritten decision of the Town Manager. The remaining name Personnel Board shall establish a hearing date within 30 days of receipt of the written appeal. The Personnel Board shall conduct a closed hearing giving opportunity for presentation by the employee or his/her representative and the Town Manager. The Personnel Board shall render a written decision within 30 days after the appeal is made. If after receipt of the written decision of the Personnel Board, the employee is still dissatisfied, he/she may appeal the decision of the Personnel Board to the Town Council. Such appeal shall be made by filing a written appeal with the arbitratorMayor. The arbitrator so selected Mayor shall confer schedule a closed hearing with the Board or Town Council within 30 days after receipt of the superintendent appeal. At this hearing, the employee and the Union to set the time and date in order to hold hearings promptlyTown Manager may make presentations. Selection of the hearing site The Town Council decision shall occur no later than three (3) be final. The Town Council shall render a decision within 30 days prior to after the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from An open hearing may be conducted by the date Personnel Board or Town Council with mutual consent of the close Town and person(s) filing the grievance. The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the hearingsparties. If either party to the grievance so requests, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision an informal hearing shall be conducted at the Chief of Police or Town Manager appeal levels. Employees may be represented by counsel or other person at any stage in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Uniongrievance process.

Appears in 2 contracts

Samples: legistarweb-production.s3.amazonaws.com, legistarweb-production.s3.amazonaws.com

Grievance Procedures. A grievance Step One--The grievant shall be defined as present a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right written request for a meeting to present grievances in accordance with these procedures. The failure of an employee to act on any the grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed orally to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by administrator (level one administrator) responsible for the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing decision generating the grievance. The request must be within 15 working days after the grievant has knowledge of the facts which gave rise to the grievance. Step Two--If the discussion does not resolve the grievance, the grievant shall present his or her grievance in writing by fully completing the prescribed Grievance Form I within five working days after the discussion in Step One and submitting it to the supervisor of the level one administrator identified in Step One (level two administrator). This level two administrator, or his or her designate, will investigate the grievance and the grievant may have representation at each step request a conference on the facts of the grievance. The request for conference will be noted on the form. Such conference will be held within seven working days and the grievant may be represented at such hearing by a person of his or her choice. The level two administrator will reply, in writing, to the grievance procedurewithin five working days after the receipt of grievance or conference, whichever is applicable. Step Three--If the level two administrator is not the Superintendent and the answer does not resolve the grievance, then the grievant may refer the grievance to the Superintendent or his or her designate by fully completing the prescribed Grievance Form II within five working days after receipt of the reply in Step Two. The grievant is entitled to be present at all steps of may request a conference on the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge facts of the grievance, an attempt . The conference shall be made to resolve the grievance in informal discussion between held within seven working days and the grievant and his/may be represented at such a conference by a person of his or her immediate supervisorchoice. 2nd The Superintendent or his designate will reply within seven working days. Step Four--If the grievance canSuperintendent or his designate’s reply does not be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of resolve the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing Association may request mediation in writing within seven working days of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays receipt of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent Superintendent’s or his/her designee shall meet to resolve designee’s response. Upon request for mediation, the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of Association and the 3rd step grievance meeting and communicate the decision in writing Superintendent will jointly submit a request to the employee, union representative Federal Mediation and director of nutrition services or designeeConciliatory Services to provide a mediator. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators Each party will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses responsible for the arbitrator’s services shall be borne equally by the Board fees and the Unionexpenses of its representative.

Appears in 2 contracts

Samples: Agreement, Agreement

Grievance Procedures. A grievance shall be defined as Grievance is a complaint of claim by an alleged employee, or the Association, that there has been a violation, misinterpretation misinterpretation, or misapplication of any of the specific provisions provision of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any A grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in filed no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten more than fifteen (1015) school days from the date of the event giving rise to occurrence. Every teacher and the grievance or within ten (10) school days of knowledge of the grievance, an attempt shall be made to resolve the Association may present a grievance in informal discussion between accordance with these procedures. The parties agree to follow the grievant steps as herein below set out in the processing of a grievance; and if at any time the Board's representative fails to give his/her immediate supervisor. 2nd Step If written response within the time limit therein set forth, the teacher or Association may appeal the grievance to the next step at the expiration of said time limit. Any grievance not carried to the next step within the prescribed time limit, or such extension which has been agreed to, shall be automatically closed upon the basis of the last disposition. In computing time limits, only school days shall be included, and for their purpose, a school day shall end at 4:00 p.m. If a grievance is filed at the end of the school year that cannot be resolved in the stated time limits, all time limits shall be shortened so the procedure may be completed within thirty (30) school days. Step One An employee or the Association with a grievance shall first discuss it with his/her Principal with the aim of resolving the matter informally, the aggrieved employee may file . Step Two If the grievance is not settled, it shall, within three (3) school days thereafter be set out in writing andwriting, at a mutually agreeable timesigned by the teacher or authorized Association representative, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain and given to the specific grievancePrincipal, and shall state the remedy requested. The filing of the formalwho shall, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays school days after receipt thereof, give his/her written answer to the grievant and the Association. Step Three If the grievance has been filed. The grievance response will be communicated is not settled in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd stepTwo, the aggrieved employee teacher or Association may file, appeal the Principal's decision by giving a written notice of such appeal within ten three (103) workdays school days after receipt of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designeePrincipal's decision. Within five (5) workdays school days after such written grievance is filedreceipt, the aggrieved employee and union representative and the superintendent or his/her designee Superintendent shall meet with the teacher or Association to resolve the grievance. The superintendent or his/her designee Superintendent shall respond give a written answer within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) school days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of after the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add discussion to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Unionteacher and/or Association.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Grievance Procedures. A ‌ Grievances shall be heard and resolved according to the following procedure: Any Employee who believes that they have a grievance shall first discuss said grievance with the Employee’s immediate supervisor. Should the issue not be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance resolved by the grieving employee shall be conducted so as to result in no interference with immediate supervisor the Employee may directly approach the site manager (Harbormaster or interruption whatsoever Assistant Harbormaster) for discussion and possible resolution of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. This procedure should be instituted in a timely manner, generally no later than ten (10) business days of the aggrieved incident. If the grievance is not satisfied at the site level the Employee shall submit the grievance directly to the General Manager, in writing, who shall be required to respond to same within fifteen (15) business days. In addition to the written grievance from the Employee, the General Manager is required to obtain a written report from the respective site manager (Harbormaster or Assistant Harbormaster). The grievant may General Manager shall respond to the aggrieved Employee granting relief to the aggrieved employees’ satisfaction or advise the Employee the aggrieved incident is being investigated. The General Manager shall be required to adjust any grievance submitted to the General Manager’s attention within one (1) month of receipt. Should the grievance not be adjusted to the satisfaction of the Employee, the Employee has the right of final appeal to the Board of Harbor Commissioners convened in a special meeting and sitting as the Personnel Board of the District. The decision of the Personnel Board shall be final. Employees have the absolute right to Union representation at each step all levels of the grievance procedure. The grievant is entitled to be present at all steps of the No grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge of the grievance, an attempt resolution shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note that violates the specific clause or clauses that pertain to terms and conditions of employment as provided in this MOU without the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval agreement of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Union.

Appears in 2 contracts

Samples: www.smharbor.com, www.smharbor.com

Grievance Procedures. A For the purposes of this Agreement, a grievance shall be defined as is a complaint of an alleged violationone or more employees, misinterpretation the Institute, or misapplication of any the Employer which has been reduced to writing respecting the meaning and/or application of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writingall matters pertaining thereto. It is agreed that any investigation or other handling or processing general conditions of any grievance by employment presently in force, and applicable to members of the grieving bargaining unit, which are not specifically mentioned in Agreement and are not contrary as to its intent, shall continue in force and effect, and deemed to form part of this Agreement. The Parties to this Agreement share a desire to adjust employee shall be conducted complaints as quickly as possible. An employee who has a complaint may, within five (5) working days of the occurrence giving rise to the complaint, discuss this complaint with the supervisor so as to result afford the employee’s supervisor an opportunity to resolve the complaint. It is agreed that an employee shall not file a grievance until the employee has discussed the complaint with the employee’s immediate supervisor or the employee’s designate supervisor in no interference accordance with or interruption whatsoever paragraph When an employee has presented a complaint to the supervisor and the complaint has not been resolved to the satisfaction of the work activities employee within three ( 3 ) days of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to meeting, the employee filing may file a grievance with the grievanceInstitute Grievance Committee. The grievant may have representation at each step grievance must be signed and dated by the employee within fifteen (15) days of the grievance procedure. The grievant is entitled to be present at all steps day on which the employee was notified or became aware of the grievance procedure. 1st Step Within ten (10) school days from the date of the event incident giving rise to the grievance or within ten (10) school days of knowledge the receipt by the employee of the grievancesupervisor’s reply to that complaint, whichever shall last occur. Where an attempt shall be made to resolve employee has filed a grievance with the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informallyInstitute Grievance Committee, the aggrieved employee may file the grievance in writing andInstitute may, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays days from the date thereof, present the grievance to the Director of first step meeting dateAdministration (Health). The director Director of nutrition services or designee Administration (Health) shall meet with the employee and union the Institute representative within five (5) workdays after days from the grievance has been filedday of which it was presented and shall, within five ( 5 ) days from the meeting, render decision in writing. The grievance response will be communicated If the Director of Administration (Health) fails to meet the and representative, or fails to render decision and the Institute representative within the times prescribed in writing paragraph or if the decision is not acceptable to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd stepInstitute representative, the aggrieved employee Institute Grievance Committee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, forward a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employeePersonnel Commissioner, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3designate, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than within fifteen (15) workdays days from the date day on which the grievance was presented to the Director of Administration (Health). The Commissioner of Human Resources, or designate, shall within seven (7) days after the service of the close copy of the hearingsgrievance upon meet with the Institute Grievance Committee and the Director of Administration (Health) and shall within five ( 5 ) working days after the meeting with the Institute Grievance Committee, or, if oral hearings have been waived, then from notify the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be said Committee in writing and shall set forth his/her findings of fact, reasoning, and conclusions on decision with regard to the issues submittedgrievance. The In the event that the decision of the arbitrator Commissioner of Human Resources or designate is not acceptable to the Institute Grievance Committee, the grievance is to be submitted to Arbitration for final disposition in accordance with the procedure for Arbitration of Grievances contained in this Agreement. Where the grievance relates to the discharge of an employee, the grievance procedure shall be final and binding on both parties. The arbitrator, start with the Commissioner of Human Resources or designate in his/her opinion, shall not amend, modify, nullify, ignore, or add to accordance with the provisions of paragraph Where the Agreement. His/her authority grievance is initiated by the Employer, the procedure shall start with the Commissioner of Human Resources or designate in accordance with the provisions of paragraph At any stage in the grievance procedure an employee may be present and shall be strictly limited to deciding only the issue or issues presented to him/her in writing, represented by the Board and Institute, in the employee, and his/her decision must be based solely and only upon his/her interpretation presentation of meaning a complaint or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Uniongrievance.

Appears in 1 contract

Samples: Agreement

Grievance Procedures. A grievance There shall be defined as established a complaint of an alleged violation, misinterpretation or misapplication of any grievance committee composed of the specific provisions Board chairman, three members of the Local with one being a member of the economic policy committee, the secretary-treasurer and superintendent or delegate of the school division. A quorum of this Agreement. Every employee covered by this Agreement committee shall have the right to present grievances in accordance with these procedures. The failure consist of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writingall members. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as the duty of this committee to result in no interference with meet and endeavour to resolve all grievances concerning interpretation, application, operation or interruption whatsoever any alleged violation of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workdaythis agreement. If it is necessary to process during the workday it Board chairman shall be at no loss the chairman of pay to all meetings and shall be responsible for the employee filing the grievance. The grievant may have representation at each step dates of holding meetings of the grievance procedureand notifying the membership. The grievant is entitled to be present at all steps of 1/97 Collective Bargaining Agreement Fort Vermilion School Division No A teacher having a grievance arising out of this agreement shall, within days of the occurrence or first knowledge of the violation lodge in writing with the superintendent or delegate, a statement identifying the clause and the precise nature of the violation. A copy of the grievance procedure. 1st Step Within ten (10) school statement shall be sent to the secretary-treasurer of the Board and the president of The Alberta Teachers' Association Local No If the grievance has not been settled within days from after the date of the event giving rise to the grievance or within ten (10) school days of knowledge submission of the grievance, an attempt shall be made the secretary of the Fort Vermilion Local shall, within five days thereafter, give written notice to resolve the grievance in informal discussion between secretary-treasurer of the grievant Board and his/her immediate supervisorto members of the committee requesting consideration of the grievance. 2nd Step If When the grievance cannot be resolved informally, committee receives notice of the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature submission of the grievance, it shall note the specific clause or clauses that pertain be required to the specific grievance, and shall state the remedy requestedmeet within four weeks of receipt of such notice. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available committee reaches a 4th and final step. Within ten (10) workdays, unanimous decision as to the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval disposition of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitrationgrievance, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her that decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both partiesbinding. If the committee does not reach a unanimous decision, subsequent proceedings shall be determined by the appropriate of the Labour Relations Code, section The arbitratorcommittee shall dispose of each grievance before to another except where, in his/her opinionby unanimous consent of the committee, the hearing of the grievance is postponed. Jury Duty--Leave of absence without loss of salary shall not amend, modify, nullify, ignore, be granted for jury duty or add any summons related thereto provided that the jury stipend accumulated during instructional time (excluding allowances and/or expenses) are reimbursed to the provisions Board. Witness Clause--Where a teacher is summoned by subpoena to testify as a witness in a court proceeding involving an indictable offense, teacher will be granted leave of absence without loss of salary on the Agreement. His/her authority shall be strictly limited provision that the legal stipend accumulated during instructional time (excluding allowances and/or expenses), are reimbursed to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the UnionBoard.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Grievance Procedures. A grievance It is the mutual desire of the company and the union to resolve any complaint or cause for dissatisfaction arising between an Employee and the Company with respect to the application, interpretation or alleged violation of this agreement, shall be defined adjusted as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act quickly as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writingpossible. It is agreed generally understood that any investigation an Employee has no griev- ance until he has first given his immediate Team Leader or other handling or processing of any grievance by Supervisor an opportunity to adjust the grieving employee shall complaint. Such complaint must be conducted so as to result in no interference registered with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school Team Leader within four working days from the date of the event giving rise to alleged violation of the agreement. If, after registering the complaint with the Team Leader or Supervisor and such complaint is not settled within two working days, then the following steps in the grievance procedure may be invoked: Step Failing an answer from his Team Leader or within ten (10) school days of knowledge of the grievanceSupervisor or his representative, an attempt shall be made to resolve the grievance or a satisfactory settlement, then with- in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informallythree working days, the aggrieved employee may file employee, accompanied by a Union Representative, shall meet with his Coordinator and/or another company representative. At this time, the grievance must be submitted to the Company in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designeewriting. The written grievance shall must state which sec- tion of the Agreement has been allegedly violated and the nature of the relief or remedy sought. A written decision, including reasons, shall be rendered by his Coordinator, or his representative, to the Union within four work- ing days. For grievances arising on Shift the Coordinator or his representative shall have three working days following the day of the meeting to render his written decision. Any resolution reached at this stage will not create a precedent for resolving future disputes, nor will it result in either party prejudicing its rights in similar or identical grievances in the future. Step Failing an answer from his Coordinator or his representa- tive, or a satisfactory settlement at Step within five working days, or such time mutually agreed in writing, the union shall refer the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employeeHuman Resources Manager, or his representative. For grievances arising on Shift the union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit refer the grievance in writing to binding arbitrationthe Human Resources Manager, or his representative, within three working days. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitrationThe Human Resources Manager, the superintendent or superintendent designee Production Manager and the Union an additional Company representative shall meet with the aggrieved Employee within days with his person and attempt to agree on a mutually acceptable arbitrator and Chairperson. The National Representative or an Executive Officer with Local may attend such meeting. The Human Resources Manager shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitratorrender his written decision, a request including reasons for a list of five (5) arbitrators will be made such decision at this step, to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) Union, within ten working days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of this meeting. For grievances arising on Shift the close Human Resources Manager shall render his writ- ten decision within two calendar weeks. Policy or group grievance initiated by the Company or by the Union will be originated at the second Step of the hearingsgrievance procedure. For group grievances, or, if oral hearings have been waived, then the employees will be represented by a single employee from the date group. For policy grievances, the entire plant commit- tee may be present. Grievances dealing with discharge or suspension shall commence with the second Step of the final statements and proofs grievance procedure. When an employee has been dismissed or suspended on the issues are submitted to him/her .The arbitrator’s decision company premises, he shall be given the opportunity to meet with his Committeeperson in writing and shall set forth his/her findings private, for a period of fact, reasoning, and conclusions on time not to exceed twenty-five minutes before leaving the issues submittedpremises. The decision time limits foreseen at the various steps of the arbitrator shall griev- ance procedure may be final and binding on extended by mutual consent, in writing, by both parties. The arbitratorCompany shall not be subject to any financial liability for any period more than, up to fifteen working days maximum, prior to the date the grievance was filed in his/her opinionwriting. Any grievance not presented within the time limits as set forth under any of the steps of the grievance procedure and arbitration procedure, or any longer periods which may have been mutually agreed upon, shall be deemed null and void. Any grievance not amend, modify, nullify, ignoreresponded to within the time frames as set forth under any steps of the grievance procedure, or add to any longer periods which may have been mutually agreed upon, may be presented at the provisions next step, within the time limits as set forth under any steps of the Agreementgriev- ance procedure. His/her authority shall Failing a satisfactory settlement, as in Step Two the grievance may be strictly limited submitted to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Unionarbitration.

Appears in 1 contract

Samples: Collective Bargaining

Grievance Procedures. A grievance shall be is defined as a complaint of an alleged violation, misinterpretation misinterpretation, or misapplication of any of the a specific provisions Section of this Agreement. Every employee covered by this Agreement shall have The primary purpose of the right following procedure is to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within secure, at the prescribed time limits will act as a bar to any further appeallowest level possible, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed equitable solutions to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever problems of the work activities of the grieving employee unless mutually agreed that it is necessary parties. Prior to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step level one of the grievance procedure. The grievant is entitled to , there should be present at all steps an informal discussion of the grievance procedure. 1st Step Within ten (10) school days from issue or concern with the date of the event giving rise to the grievance Superintendent or his/her designated representative within ten (10) school days of the event leading to the occurrence or knowledge of the grievance, an incident. The purpose of the discussion is to attempt shall be made to resolve the grievance problem as simply as possible. Included in this informal discussion between will be the section(s) claimed to have been violated and a statement of the facts giving rise to the claims. The Association may accompany the individual grievant on this occasion. LEVEL ONE In the event the problem is not satisfactorily resolved and his/her immediate supervisor. 2nd Step If the grievance cannot is intended to be resolved informallycarried forward, the aggrieved employee may file grievance shall be submitted in writing to the Superintendent within twenty (20) school days after the occurrence of the event upon which the grievance in writing and, at a mutually agreeable time, discuss is based. During the matter with the director of nutrition services or designee. The written grievance shall state the nature period of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within next ten (10) workdays from school days, the date of first step meeting date. The director of nutrition services or designee grievant and/or the Association shall meet with the employee Superintendent to attempt a resolution to the grievance. A written response shall be returned to the Association and union representative a copy to the grievant, within five (5) workdays after school days of said meeting. LEVEL TWO In the event, the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has is not been satisfactorily resolved at Level One, a notice of intent to proceed to Level Two shall be given to the 2nd step, Board of Education by submitting said notice to the aggrieved employee may fileSecretary of the Board, within ten (10) workdays school days of receipt of the director of nutrition services’ written decision at Level One. A grievance hearing shall be held before at least 2 (two) members of the 2nd step, Board within fifteen (15) calendar days of receipt of notification that the grievance is being pursued. A written response shall be returned to the Association and a copy of to the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filedgrievant, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays school days of said meeting. LEVEL THREE If the decision of the 3rd step grievance meeting and communicate the decision in writing Board is not satisfactory to the employeegrievant or the Association, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily may be submitted to Arbitration within thirty (30) calendar days of the receipt of the written decision at step 3, there Level Two. Said letter of intent to proceed shall be available a 4th made simultaneously to the Board and final stepto the American Arbitration Association requesting the selection of an impartial arbitrator through the processes of the American Arbitration Association. Within ten (10) workdays, the Union The Board and the employee may submit the grievance Association shall not be permitted to assert in writing to binding arbitration. An employee may submit a grievance to such arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent proceedings any ground or superintendent designee and the Union representative shall meet and attempt to agree rely on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made any evidence not previously disclosed to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearingother party. The arbitrator shall issue his/her decision not later than fifteen (15) workdays have no authority to alter, modify, add to, detach from or in any way change the date specific and expressed terms of the close this contract or any portions of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submittedBoard policy or rules incorporated therein. The decision fees and expenses only of the arbitrator under this Section shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne shared equally by the Board and parties. Each party shall be responsible for the Unioncosts of any of its own witnesses or counsel.

Appears in 1 contract

Samples: Professional Agreement

Grievance Procedures. A 9.01 The Employer, the Union or any employee has a right to lodge a grievance shall be defined as a complaint with respect to any matter arising out of an this Agreement or concerning the interpretation, application or alleged violation, misinterpretation or misapplication of any of the specific provisions violation of this Agreement. Every employee covered by this Agreement It is the mutual desire of the parties hereto that complaints of employees shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act be adjusted as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writingquickly as possible. It is agreed understood that any investigation or other handling or processing an employee has no grievance until he/she has first given his/her immediate supervisor an opportunity to adjust his/her complaint via Step One. Step One - Any employee believing that the provisions of any grievance by this Agreement have not been complied with shall discuss the grieving employee shall be conducted so as to result complaint with a Supervisor in no interference with or interruption whatsoever the presence of the work activities employee’s Union Xxxxxxx if required; This discussion shall take place within five (5) working days after the grounds of the grieving employee unless mutually agreed that it is necessary to process during the workdaycomplaint are known. If it the Supervisor’s decision is necessary not satisfactory or if the Supervisor failed to process during answer within three (3) working days from date the workday it shall be initial discussion took place, the Union may elect to submit a written grievance at no loss of pay to the employee filing the grievance. The grievant may have representation at each step Step Two of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or procedure within ten (10) school working days of knowledge from date the initial discussion took place; Step Two - Upon notification of the grievanceUnion to proceed with a written grievance at Step Two, an a final meeting to attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informallyshall then take place between, the aggrieved Director of Human Resources or designated representative, the Union Representative, a Union Xxxxxxx and the employee may file concerned if required by the grievance Union or the Employer; This meeting shall be scheduled at a date determined by the parties within a period of fifteen (15) working days of the notification. The Director of Human Resources shall give its final decision to the Union Representative in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date working days of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance this meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable decision is not satisfactory or if the Employer failed to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Union.answer within ten

Appears in 1 contract

Samples: Collective Agreement

Grievance Procedures. I A grievance shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. II Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s 's failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant shall be present at all meetings, and at the option of the grievant(s) may be represented at the meetings by a representative of the Union. When an employee is entitled not represented by the Union, the Union shall have the right to be present at all steps levels, and shall have the right to grieve any adjustment of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise employee’s complaint if such adjustment is inconsistent or contrary to the grievance or within ten (10) school days provisions of knowledge of the grievance, an this agreement. III First Step An attempt shall be made to resolve the any grievance in informal discussion between the grievant complainant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designeeimmediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting datethe event giving rise to the grievance. The director of nutrition services or designee supervisor shall meet with the employee and union representative within five (5) workdays after make a decision on the grievance has been filed. The grievance response will be communicated and communicate it in writing to the employee, union representative employee and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievance meetinggrievance. 3rd T xxxx Step In the event a grievance has not been satisfactorily resolved at the 2nd second step, the aggrieved employee may file, within ten five (105) workdays of the director of nutrition services’ supervisor's written decision at the 2nd second step, a copy of the grievance with the superintendent or designee. Within five ten (510) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond file an answer within ten (10) workdays of the 3rd third step grievance meeting and communicate the decision it in writing to the employee, union representative employee and director of nutrition services or designeethe supervisor. 4th F ourth Step If the grievance is not resolved satisfactorily at step 3three, there shall be available a 4th fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The her. The arbitrator’s 's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s 's services shall be borne equally by the Board and the Union.

Appears in 1 contract

Samples: Negotiated Agreement

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Grievance Procedures. A grievance shall be grievance, for the purpose of this contract, is defined as a complaint claim by an employee, a group of employees, or the Association of an alleged violation, misinterpretation or misapplication violation of any of the specific provisions provision of this Agreement. Every employee covered by this Agreement shall All Classified Employees have the right to present grievances in accordance with these proceduresa grievance or complaint without reprisal. The failure purpose of this procedure is to provide an employee to act on any grievance within orderly method for resolving grievances as herein defined. A determined effort shall be made by the prescribed time limits will act as a bar to any further appealBoard, the Administration, the grievant, and an administrator’s failure the Association to give a decision within settle grievances at the time limits shall permit lowest possible level in this procedure. Level 1⇒ Informal: The aggrieved will discuss the grievant to proceed to the next stepgrievance with their principal or supervisor. The time limits, however, may complaint must be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by discussed with the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever principal within fifteen (15) days of the work activities actual condition which is the basis of the grieving employee unless mutually agreed that it is necessary to process during the workdaytheir complaint. If it the aggrieved is necessary to process during not satisfied with the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge disposition of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee they may file the grievance in writing and, at a mutually agreeable time, discuss the matter written notice with the director of nutrition services their immediate supervisor or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain principal (who has administrative authority to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be act) within ten (10l0) workdays from days following the date of first step meeting dateinformal hearing with the immediate supervisor or principal. This complaint shall set forth the grounds which the complaint is based and the reasons why the aggrieved considers the decision rendered unacceptable. The director of nutrition services immediate supervisor or designee principal shall meet with the employee and union representative communicate their decision in writing within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing days to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designeeaggrieved. Within five (5) workdays after such written grievance is fileddays of receipt of the decision rendered by the immediate supervisor, the aggrieved employee and union representative and aggrieved, if they are not satisfied with the decision of the immediate supervisor, may appeal in writing to the superintendent, who by job description has the administrative authority by Board policy to act on the matter of grievance. Level 2 ⇒Formal: Appeals to the superintendent or his/her designee shall meet to resolve be heard by the grievance. The superintendent or his/her designee shall respond within ten (10) workdays days of their receipt of the 3rd step grievance meeting appeal. Written notice of the time and communicate place of the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there hearing shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of given five (5) arbitrators will be made days prior thereto to the Public Employee Relations Board aggrieved or their representative, or any other personal officially involved in the grievance. Within five (PERB). Each 5) days of hearing the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or appeal, the superintendent shall communicate to the aggrieved and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site bargaining unit's representative their written decision which shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Unioninclude supporting reasons thereto.

Appears in 1 contract

Samples: Work Agreement

Grievance Procedures. (continued) STEP If not settled satisfactorily in Step I, the grievance may, within three working days of receipt of the reply of Step I sent to the employee and Chairperson of the Grievance Committee, be submitted in writing by the nurse concerned to the Director of Human Resources or his designate to be dealt with at a meeting between the Director of Human Resources or his designate and the nurse, accompanied by the Grievance Committee within ten working days of the date of submission or such longer period as is mutually agreed upon. The decision of the Director of Human Resources or his designate shall be in writing, sent to the nurse and the Chairperson of the Grievance Committee within ten (10) working days after the meeting at which it was discussed. A representative or consultant from the Ontario Nurses’ Association may be in attendance, at the request of either party. If not then settled satisfactorily, the grievance may within ten (10) calendar days of receipt of the reply of Step be referred to a Board of Arbitration. No grievance shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of considered in any step unless it has been properly carried through all previous steps of the specific provisions of this Agreement. Every employee covered by this Agreement shall have Grievance Procedure as specified except that, if at any step, the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance Employer does not give its answer within the prescribed allotted time limits will act as a bar limit, the grievance may be carried to any further appeal, and an administrator’s failure to give a decision the next step within the time limits allowed. A Board of Arbitration shall permit be composed of one nominee of the grievant Association, one nominee of the Employer and a third person who shall act as Chairperson on the joint recommendation of the two nominees. In the event of failure to proceed agree upon a Chairperson, an application shall be made to the next stepMinister of Labour for Ontario. The time limitsEach party will bear the expense of its own arbitrator and the parties will jointly share the expenses, howeverif any, of the Chairperson. No person may be extended by mutual agreement appointed as an arbitrator who has been involved in writingan attempt to negotiate or settle the grievance. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator Board of Arbitration shall be final and binding on both partiesupon the Employer and the Association. The arbitrator, in his/her opinion, It is agreed that the Board of Arbitration shall not amend, modify, nullify, ignorehave any authority or jurisdiction to alter this Agreement, or add to deal with any matter not covered by this Agreement. A complaint or grievance arising directly between the Employer and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step within ten working days following the circumstances giving rise to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue complaint or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Uniongrievance.

Appears in 1 contract

Samples: Collective Agreement

Grievance Procedures. A Any member of the Association may submit a grievance if there is cause to believe there is a violation of the Master Agreement. Grievances shall be defined processed in a timely and orderly manner as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances described in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. Grievances must cite specific Articles of the contract that were allegedly violated; statements of fact upon which the alleged violation is based, and relief sought by the grievant. Time lines may be extended by a written mutual agreement. At each step, the grievant may be accompanied by a representative of the Association. Any expenses incurred throughout the grievance procedure shall be borne by the party incurring them. STEP I (DISCUSSION) A member with a grievance shall discuss it with his or her immediate supervisor within five (5) working days of the alleged violation. 'STEP II (WRITTEN FORM) If the grievance is not settled to the mutual satisfaction of both parties, the grievance must be reduced to writing, signed by grievant and submitted to the grievant's immediate supervisor within five (5) working days following the date of Step I (discussion) . The immediate supervisor shall respond in writiog within five (5) working days after receipt of the written grievance. XXXX XXX (SUPERINTENDENTS LEVEL) If the determination of the immediate supervisor does not relieve the grievant is entitled it may be submitted to be present at all steps the Superintendent of Schools within five (5) working days after receiving the written disposition from the immediate supervisor. After investigating the facts of the matter and conferring with both parties, the Superintendent shall issue a written disposition of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school working days of knowledge receipt of the grievancegrievance from Step II. STEP IV (MEDIATION) If the grievant still believes' the dispositjon by the Superintendent is in violation of the contract, an attempt he may request mediation assistance of the offices of the Michigan Employment Relations Commission. Such request must be. initiated within five (5) working days following receipt of the superintendent1s disposition. It is expressly understood that any recommendation given by the mediator is advisory in nature and shall not be binding on either party. STEP V (BOARD OF EDUCATION) If the recommendation of the mediator fails to bring resolution, the grievant may appeal to the Caledonia Board of Education for review and decision. This written appeal must be made to resolve within five (5) working days following the grievance in informal discussion between mediator's conference with both parties, via the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designeeSuperintendent. The written grievance shall state Board will receive, hear or designate a hearing at the nature next regular Board Meeting if appeal is presented eight (8) working days prior to that meeting. The secretary of the grievance, Board shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, render a written grievance at the second step must be disposition within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays working days after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Union.

Appears in 1 contract

Samples: archive.lib.msu.edu

Grievance Procedures. A grievance shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or within ten (10) school days of knowledge of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services food service or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services food service or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ food service’s written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services food service or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Union.

Appears in 1 contract

Samples: Service Employees

Grievance Procedures. A grievance Grievances shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions violations of this Agreementagreement or disputes regarding interpretations, application, or enforcement of this agreement to Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Every employee covered by this Agreement Grievances shall have the right not include disagreements, disputes, or activities regarding or pertaining to present grievances examinations for employment or promotion, disciplinary action, performance evaluations, and probationary terminations. No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with these proceduresthe procedure contained herein within sixty (60) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The failure provision for the sixty (60) days “statute of limitations” shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure: Any employee who has a grievance shall first try to get it settled through discussion with their immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee to act on any does not believe the grievance within the prescribed time limits will act as has been satisfactorily resolved, they may file a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed formal appeal in writing to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever command officer responsible for supervision of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at all steps of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise to the grievance or employee’s immediate supervisor within ten (10) school calendar days after receiving the informal decision of knowledge of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her their immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee command officer shall respond within ten (10) workdays calendar days of the 3rd step filing of the appeal. If the employee does not believe the grievance meeting and communicate has been satisfactorily resolved by the decision command officer, the employee may then file a formal appeal in writing to the employee, union representative and director Chief of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within Police within ten (10) workdays, calendar days after receiving the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval informal decision of the Unioncommand officer. Within The Chief of Police shall render his written decision within ten (10) workdays calendar days after receiving the appeal. If after receipt of the written notice to submit decision of the grievance to arbitrationChief of Police, the superintendent or superintendent designee and employee is still dissatisfied, they may appeal the Union representative decision of the Chief to the Town Manager. Such appeal shall meet and attempt be made by filing a written appeal to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of Town Manager within five (5) arbitrators will days after the receipt of the written decision of the Chief. The Town shall render a written decision within twenty (20) working days after the appeal is made. If after receipt of the written decision of the Town Manager the employee is still dissatisfied, he/she/they may appeal the decision of the Town Manager to the Personnel Board. Such appeal shall be made by filing a written appeal to the Public Employee Relations Board (PERB). Each Chair of the two parties will alternately strike one name at a time from Personnel Board within five (5) days after receipt of the list until only one name shall remainwritten decision of the Town Manager. The remaining name Personnel Board shall establish a hearing date within 30 days of receipt of the written appeal. The Personnel Board shall conduct a closed hearing giving opportunity for presentation by the employee or their representative and the Town Manager. The Personnel Board shall render a written decision within 30 days after the appeal is made. If after receipt of the written decision of the Personnel Board, the employee is still dissatisfied, they may appeal the decision of the Personnel Board to the Town Council. Such appeal shall be made by filing a written appeal with the arbitratorMayor. The arbitrator so selected Mayor shall confer schedule a closed hearing with the Board or Town Council within 30 days after receipt of the superintendent appeal. At this hearing, the employee and the Union to set the time and date in order to hold hearings promptlyTown Manager may make presentations. Selection of the hearing site The Town Council decision shall occur no later than three (3) be final. The Town Council shall render a decision within 30 days prior to after the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from An open hearing may be conducted by the date Personnel Board or Town Council with mutual consent of the close Town and person(s) filing the grievance. The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the hearingsparties. If either party to the grievance so requests, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The arbitrator’s decision an informal hearing shall be conducted at the Chief of Police or Town Manager appeal levels. Employees may be represented by counsel or other person at any stage in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Uniongrievance process.

Appears in 1 contract

Samples: Agreement

Grievance Procedures. A grievance shall be defined as a complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. II Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s 's failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant shall be present at all meetings, and at the option of the grievant(s) may be represented at the meetings by a representative of the Union. When an employee is entitled not represented by the Union, the Union shall have the right to be present at all steps levels, and shall have the right to grieve any adjustment of the grievance procedure. 1st Step Within ten (10) school days from the date of the event giving rise employee's complaint if such adjustment is inconsistent or contrary to the grievance or within ten (10) school days provisions of knowledge of the grievance, an this agreement. Ill First Step An attempt shall be made to resolve the any grievance in informal discussion between the grievant complainant and his/her immediate supervisor. 2nd Second Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designeeimmediate supervisor. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting datethe event giving rise to the grievance. The director of nutrition services or designee supervisor shall meet with the employee and union representative within five (5) workdays after make a decision on the grievance has been filed. The grievance response will be communicated and communicate it in writing to the employee, union representative employee and the superintendent or designee within ten (10) workdays after receipt of written notice of the grievance meetinggrievance. 3rd Third Step In the event a grievance has not been satisfactorily resolved at the 2nd second step, the aggrieved employee may file, within ten five (105) workdays of the director of nutrition services’ supervisor's written decision at the 2nd second step, a copy of the grievance with the superintendent or designee. Within five ten (510) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond file an answer within ten (10) workdays of the 3rd third step grievance meeting and communicate the decision it in writing to the employee, union representative employee and director of nutrition services or designeethe supervisor. 4th Fourth Step If the grievance is not resolved satisfactorily at step 3three, there shall be available a 4th fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue his/her decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her .The her. The arbitrator’s 's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s 's services shall be borne equally by the Board and the Union.

Appears in 1 contract

Samples: Negotiated Agreement

Grievance Procedures. A grievance It is the expressed desire of the parties hereto that any complaint of a Flight Crew Member, the Association, or the Company shall be resolved as quickly as possible. If a Flight Crew Member has a formal complaint, he may discuss the matter with the Chief Pilot and at this time he may be accompanied by an Association Representative if he so elects, or the Association Representative may take the matter up on his behalf. any such complaint is not settled to the satisfaction of the patties within ten calendar days, the following steps of the Grievance Procedure may be invoked: Step One: The Flight Crew Member shall present the grievance in writing within thirty (30) calendar days of the occurrence giving rise to the grievance, to the Chief Pilot who shall give his decision in writing within ten calendar days; If no settlement is reached in Step One, the Association Representative and if required, and a representative of management will meet to discuss the grievance. the grievance is not then settled within ten calendar days, then at the request of either party to this Agreement, the grievance may be referred to arbitration within thirty (30) calendar days. The Association may file a policy grievance at Step Two of the Grievance Procedure. An Association policy grievance is defined as a complaint of an alleged violation, misinterpretation violation of this Agreement concerning all or misapplication of any a substantial number of the specific provisions Flight Crew Members in the bargaining unit. Any grievance instituted by management may be referred in writing to an Association Representative within ten full calendar days of this Agreementthe occurrence of the circumstances giving rise to the grievance, and the Association Representative shall meet within ten 0) calendar days thereafter with management to consider the grievance. Every employee covered If final settlement of the grievance is not completed within ten calendar days of such meeting, the grievance may be referred, by this Agreement either party, to a sole arbitrator as provided in at any time within thirty (30) calendar days thereafter, but not later. At any hearing throughout these procedures, the shall have the right to be represented by the Association. The and the Company shall be given every opportunity to present grievances in accordance with evidence, either oral or documentary, make representations, and call witnesses. Throughout these procedures. The failure of an employee to act on , the may, together with his review any grievance within information contained in his personal or any document that the prescribed time limits will act as a bar to Company may introduce at any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant is entitled to be present at On request, the Company shall provide the and the Association with two (2) copies each of all steps of such documents. At any hearing held throughout the grievance procedure. 1st Step Within ten (10) school days from the date , all witnesses and representatives who are employees of the event giving rise to the grievance or within ten (10) school days of knowledge of the grievance, an attempt Company shall be made given time off and transportation so as to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall respond within ten (10) workdays of the 3rd step grievance meeting and communicate the decision in writing to the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (10) workdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to attend the hearing. The arbitrator shall issue his/her A Crew Member will not be sanctioned for having filed a grievance. If, as a result of any hearing or grievance as provided herein, the decision not later than fifteen (15) workdays from is to exonerate the date Flight Crew Member, the personal record of the close Flight Crew Member shall be cleared of the hearings, or, if oral hearings have been waived, then from the date of the final statements charges and proofs on the issues are submitted to him/her .The arbitrator’s decision all reference thereto shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Unionremoved from all files.

Appears in 1 contract

Samples: Agreement

Grievance Procedures. A grievance Grievances initiated at the Step level under this Article shall be defined as a complaint of an alleged violationinitiated by the Union District Chair and only after the required informal provided for in Article Throughout the grievance procedure the Union shall be given the full opportunity to present evidence and make representation. STEP LOCAL LEVEL Following the last informal discussion, misinterpretation or misapplication of any of the specific provisions of this Agreement. Every employee covered by this Agreement Union District Chair shall have the right fourteen (14) calendar days in which to present grievances in accordance with these procedures. The failure of an employee lodge a formal appeal to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step Step of the grievance procedure. The grievant is entitled to be present at all steps Company shall hold a hearing within seven (7) calendar days of receipt of a written grievance and reasonable notice of the hearing shall be given to the Union District Chair. The Company shall have seven (7) calendar days to render a decision in writing from the close of the hearing. Failing answer or satisfactory adjustment within the above time limits, the grievance proceduremay be submitted to the Union Headquarters for appeal to the Step level. 1st STEP CORPORATE LEVEL An appeal from Step Within ten must be lodged by the Union at the Headquarters level within seven (107) school calendar days of receipt of the Company's decision at Step The Union Headquarters may also initiate grievances at the Step level when such grievances are too large in scope to fall under the Step level. In such cases, the matter will first be discussed with a Company Headquarters representative designated by the Company. The Company representative shall have seven (7) calendar days to adjust the matter. Failing answer or satisfactory adjustment within the above time limit, the grievance may be initiated. The Company shall contact the Union within seven (7) calendar days from receipt of a written grievance for the date purpose of the event giving rise scheduling a hearing, subject to the grievance or Article within ten thirty (1030) school calendar days of knowledge receipt of the grievance, an attempt shall be made to resolve the grievance in informal discussion between the grievant and his/her immediate supervisor. 2nd Step If the grievance cannot be resolved informally, the aggrieved employee may file the grievance in writing and, at a mutually agreeable time, discuss the matter with the director of nutrition services or designee. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) workdays from the date of first step meeting date. The director of nutrition services or designee shall meet with the employee and union representative within five (5) workdays after the grievance has been filed. The grievance response will be communicated in writing to the employee, union representative and the superintendent or designee within ten (10) workdays after the grievance meeting. 3rd Step In the event a grievance has not been satisfactorily resolved at the 2nd step, the aggrieved employee may file, within ten (10) workdays of the director of nutrition services’ written decision at the 2nd step, a copy of the grievance with the superintendent or designee. Within five (5) workdays after such written grievance is filed, the aggrieved employee and union representative and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee Company shall respond within ten have seven (107) workdays of the 3rd step grievance meeting and communicate the calendar days to render a decision in writing to from the employee, union representative and director of nutrition services or designee. 4th Step If the grievance is not resolved satisfactorily at step 3, there shall be available a 4th and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. An employee may submit a grievance to arbitration only with approval close of the Unionhearing. Within ten (10) workdays of written notice to submit Such decision shall also contain the grievance to arbitration, facts and position presented by the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Public Employee Relations Board (PERB). Each of the two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of Company during the hearing site shall occur no later than three (3) days prior as well as facts obtained by the Company during any investigation conducted subsequent to the hearing. The arbitrator shall issue his/her UNRESOLVED GRIEVANCES If a decision rendered at the Step level is not later than fifteen (15) workdays from satisfactory and the date complaint deals with a case of alleged misinterpretation or violation of this Agreement, the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted matter may be taken to him/her .The arbitrator’s decision shall be arbitration in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to accordance with the provisions of Article At the Agreement. His/her authority shall Step level, if the Company fails to hold the hearing in the manner set forth in Article or render a decision within the specified time limits, the grievance may be strictly limited appealed to deciding only arbitration, if the issue or issues presented to him/her Union so wishes, in writing, by accordance with the Board provisions of Article and the employee, Company shall bear all expenses and his/her decision must be based solely and only upon his/her interpretation of meaning or application fees of the expressed relevant language of the Agreement. Expenses for the arbitrator’s services shall be borne equally by the Board and the Union.

Appears in 1 contract

Samples: Collective Agreement

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