Common use of APPENDIX A - GRIEVANCE PROCEDURE Clause in Contracts

APPENDIX A - GRIEVANCE PROCEDURE. Any dispute between the Employer and the Guild concerning the interpretation or claim of breach or violation of the express terms of this Agreement shall be deemed a grievance. Such a dispute shall be processed in accordance with this Article; provided that discipline in the form of a suspension, demotion, termination or transfer identified by the Employer as disciplinary in nature shall be subject to challenge through the process provided at Section 3.5 above. There shall be no change in the nature of any grievance after it is submitted at step 2 or above. Any disputes involving Public Safety Civil Service Commission Rules or Regulation shall not be subject to this Article unless covered by an express provision of this Agreement. An employee covered by this Agreement must, upon initiating objections relating to actions subject to appeal through either the contract grievance procedure or pertinent Public Safety Civil Service appeal procedures, use either the grievance procedure contained herein or pertinent procedures regarding such appeals to the Public Safety Civil Service Commission. Under no circumstances may an employee use both the contract grievance procedure and Public Safety Civil Service Commission procedures relative to the same action. If there are dual filings with the grievance procedure and the Public Safety Civil Service Commission, the City will send a notice of such dual filings by certified mail to the employee(s) and the Guild. The Guild will notify the City within fifteen (15) calendar days from receipt of the notice if it will use the grievance procedure. If no such notice is received by the City, the contractual grievance shall be deemed to be withdrawn.