Common use of Detailed Procedures Clause in Contracts

Detailed Procedures. ‌ Step 1: A copy of the grievance shall be delivered to the employee's immediate supervisor of Chief Officer rank. The Chief Officer shall call a meeting with the grievant, his immediate supervisor if other than the Chief Officer, and any Union officer(s) that the employee wishes to have attend. Within ten (10) days following the filing of the grievance, the Chief Officer shall render a written decision. If the written decision does not resolve the grievance or if the Chief Officer fails to respond to the grievance, the employee shall have until twenty (20) calendar days after the date of submission of the grievance to the Chief Officer to carry the grievance to Step 2.If the City is the grievant, the Union will be notified within 10 days of the alleged violation or dispute or the City’s first knowledge thereof. Step 2: To carry the grievance to Step 2, the grievant shall file with the Deputy Chief of Operations a copy of the original grievance, a copy of the Step 1 response, and a written explanation of why the Step 1 response was not satisfactory. Within ten (10) days, the Deputy Chief shall meet with the grievant and Union representative(s). Within ten (10) days following the meeting, the Deputy Chief shall render a written decision. If the Deputy Chief's decision does not resolve the grievance or if the Deputy Chief fails to respond to the grievance, the employee shall have until twenty (20) days after the date of submission of the grievance to the Deputy Chief to carry the grievance to Step 3. Step 3: To carry the grievance to Step 3, the grievant shall file with the Fire Chief a copy of the grievance submitted at Step 2 together with the written decision of the Deputy Chief. Within ten (10) days, the Fire Chief shall meet with the grievant, and Union representative(s). Within ten (10) days following the meeting, the Fire Chief shall render a written decision. If the Fire Chief's decision does not resolve the grievance or if the Fire Chief fails to respond to the grievance, the employee shall have until thirty (30) days after the date of submission of the grievance to the Chief to carry the grievance to Step 4. Step 4: To carry the grievance to Step 4, the Union shall submit the issue to an arbitrator using one of the methods described in (A), (B), or (C) below. Unless mutually agreed otherwise, the method described in (A) shall be followed: A. The parties shall jointly request the State Mediation and Conciliation Service for a list of seven (7) arbitrators drawn from a pool of arbitrators who reside in Oregon. The parties shall then select one of the arbitrators by alternately striking one (1) name from the list until only one (1) is left. The one (1) remaining name shall be the arbitrator. The order of striking shall be by lot. The names shall be struck on a single day mutually agreed to by the parties. B. The parties may mutually agree to request a list of five (5) arbitrators from the Employment Relations Board list. The parties shall alternately strike one (1) name from the list, until only one (1) is left. The one (1) remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name, if needed. C. The parties may also mutually agree to select an arbitrator or a panel of two (2) advocate arbitrators and a neutral chairperson arbitrator by any method mutually agreed upon. The arbitrator shall set a hearing and, upon conclusion of that hearing, render a written decision within thirty (30) calendar days of the close of the hearing. The arbitrator's written decision shall include his findings of facts and opinions as well as his conclusion and award. The powers of the arbitrator shall be limited to determination of issues of facts and application thereto of the provisions of this contract, as the same may be within the scope of arbitration. The arbitrator shall have no power or authority to alter, abridge, modify, vacate, or amend any of the terms of this contract; nor to substitute his judgment for that of the City as to any matter within the City's discretion under Article 2, MANAGEMENT RIGHTS; nor to consider, decide, or act upon any condition or circumstance not expressly provided for in this contract. The decision of the arbitrator shall be binding on both parties. The costs of the arbitrator shall be borne by the losing party. Each party shall be responsible for all costs of preparing and presenting its case to the arbitrator (including its own attorney fees, if any) and for reporter's or recording costs for making a record of the proceedings at such party's request. Arbitration of grievances shall be in accordance with procedures listed in this article.

Detailed Procedures. ‌If the City is the grievant, the Union will be notified within 10 days of the alleged violation or dispute or the City’s first knowledge thereof. If the matter is not resolved, the City within 30 days after the Union is notified may proceed to arbitration using one of the methods described in (A), (B), or (C) of Step 4. Unless mutually agreed otherwise, the method described in (A) shall be followed. Grievances filed by the Union or an individual employee shall be processed as follows except that grievances over major discipline shall be commenced at Step 2: Step 1: A copy of the grievance shall be delivered to the employee's immediate supervisor of Chief Officer rank. The Chief Officer shall call a meeting with the grievant, his immediate supervisor if other than the Chief Officer, and any Union officer(s) that the employee wishes to have attend. Within ten (10) days following the filing of the grievance, the Chief Officer shall render a written decision. If the written decision does not resolve the grievance or if the Chief Officer fails to respond to the grievance, the employee shall have until twenty (20) calendar days after the date of submission of the grievance to the Chief Officer to carry the grievance to Step 2.If the City is the grievant, the Union will be notified within 10 days of the alleged violation or dispute or the City’s first knowledge thereof2. Step 2: To carry the grievance to Step 2, the grievant shall file with the Deputy Chief of Operations a copy of the original grievance, a copy of the Step 1 response, and a written explanation of why the Step 1 response was not satisfactory. Within ten (10) days, the Deputy Chief shall meet with the grievant and Union representative(s). Within ten (10) days following the meeting, the Deputy Chief shall render a written decision. If the Deputy Chief's decision does not resolve the grievance or if the Deputy Chief fails to respond to the grievance, the employee shall have until twenty (20) days after the date of submission of the grievance to the Deputy Chief to carry the grievance to Step 3. Step 3: To carry the grievance to Step 3, the grievant shall file with the Fire Chief a copy of the grievance submitted at Step 2 together with the written decision of the Deputy Chief. Within ten (10) days, the Fire Chief shall meet with the grievant▇▇▇▇▇▇▇▇, and Union representative(s). Within ten (10) days following the meeting, the Fire Chief shall render a written decision. If the Fire Chief's decision does not resolve the grievance or if the Fire Chief fails to respond to the grievance, the employee Union shall have until thirty (30) days after the date of submission of the grievance to the Chief to carry the grievance to Step 4. Step 4: To carry the grievance to Step 4, the Union (but not an individual employee grievant) shall submit the issue to an arbitrator using one of the methods described in (A), (B), or (C) below. Only the Union may prosecute the grievance in arbitration, and the Union may not assign or delegate the prosecution of the grievance. Unless mutually agreed otherwise, the method described in (A) shall be followed: A. The parties shall jointly request the State Mediation and Conciliation Service for a list of seven (7) arbitrators drawn from a pool of arbitrators who reside in Oregon. The parties shall then select one of the arbitrators by alternately striking one (1) name from the list until only one (1) is left. The one (1) remaining name shall be the arbitrator. The order of striking shall be by lot. The names shall be struck on a single day mutually agreed to by the parties. B. The parties may mutually agree to request a list of five (5) arbitrators from the Employment Relations Board list. The parties shall alternately strike one (1) name from the list, until only one (1) is left. The one (1) remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name, if needed. C. The parties may also mutually agree to select an arbitrator or a panel of two (2) advocate arbitrators and a neutral chairperson arbitrator by any method mutually agreed upon. The arbitrator shall set a hearing and, upon conclusion of that hearing, render a written decision within thirty (30) calendar days of the close of the hearing. The arbitrator's written decision shall include his findings of facts and opinions as well as his conclusion and award. The powers of the arbitrator shall be limited to determination of issues of facts and application thereto of the provisions of this contract, as the same may be within the scope of arbitration. The arbitrator shall have no power or authority to alter, abridge, modify, vacate, or amend any of the terms of this contract; nor to substitute his judgment for that of the City as to any matter within the City's discretion under Article 2, MANAGEMENT RIGHTS; nor to consider, decide, or act upon any condition or circumstance not expressly provided for in this contract. The decision of the arbitrator shall be binding on both parties. The costs of the arbitrator shall be borne by the losing party. Each party shall be responsible for all costs of preparing and presenting its case to the arbitrator (including its own attorney fees, if any) and for reporter's or recording costs for making a record of the proceedings at such party's request. Arbitration of grievances shall be in accordance with procedures listed in this article.