Common use of Formal Steps Clause in Contracts

Formal Steps. All grievances shall be processed in the following manner: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Towards this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations within 21 calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations within 21 Calendar days of the Union’s receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), the date of the alleged violation, the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 Decision. If requested, the meeting shall be scheduled within twenty-one (21) calendar days of being requested. The Hospital will make best efforts to have someone other than the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officer. At the Step 1 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters). The Director of Labor Relations or designee shall have the right to ask questions of any of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 decision, in writing, to the Union, which shall provide for a decision in the matter and the reason(s) for the decision. If a Step 1 hearing cannot be scheduled within twenty-one (21) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forum.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Steps. All grievances shall be processed in the following manner: Step 1: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Towards Toward this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations applicable Department Head within 21 ten (10) calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Unionsubmitted, in writing, to the Director of Labor Relations applicable Department Head within 21 Calendar ten (10) calendar days of the Union’s receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), the date of the alleged violation, the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the employee or Union in challenging at the discipline time the written grievance is filed must be included. The Department Head shall render a written decision (“Step 1 Decision”) based on the evidence submitted by the Union within 10 calendar days of receipt of the written grievance. A copy of the Step 1 Decision will be provided to the Union president and the grievant(s). Step 2: If the Union is not satisfied with the Step 1 Decision, it may submit the grievance to Step 2, in writing, to the Director of Labor Relations, within ten (10) calendar days after receipt of the Step 1 Decision. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 2 hearing, which may m ay be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 2 Decision. If requested, the meeting shall be scheduled within twenty-one twenty (2120) calendar days of being requested. The Hospital requested and will make best efforts to have someone other never exceed release of more than two (2) employees on behalf of the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officerUnion. At the Step 1 2 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters)severe. The Director of Labor Relations or designee shall have the right to ask questions of any of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 2 decision, in writing, to the Union, which shall provide for a decision in the matter and the reason(s) for the decision. If a Step 1 2 hearing cannot be scheduled within twenty-one twenty (2120) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 2 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forum.. Written warnings and suspensions of 24 hours or less shall not be subject to arbitration. The Hospital and the Union agree to be bound by the rules and regulations of the Public Employment Relations Commission. In the case of non-disciplinary grievances and disciplinary grievances involving suspension (more than 24 hours), written warning in lieu of a suspension of more than 24 hours, involuntary demotion (not the result of a reduction in force) or discharge, if the Union is not satisfied with the Step 2 Decision, the Union may file a written request for binding arbitration through the Public Employment Relations Commission (with copy provided simultaneously to the Director of Labor Relations). Requests for arbitration must be submitted to the Public Employment Relations Commission within thirty (30) calendar days of its receipt of the Step 2 Decision. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. The Union’s decision concerning whether or not to request binding arbitration shall be final as to the interests of both the Union and the grievant. Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fees and the expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties. The arbitrator shall be restricted to the application of the facts presented and shall have no authority to add to, detract from, alter, amend or modify any provision of this agreement, or to impose on either party a limitation or obligation not explicitly provided for in this agreement. Upon receipt of the arbitrator’s award, corrective action, if any, will be implemented as soon as practical, but in any event no later than thirty

Appears in 1 contract

Sources: Collective Negotiations Agreement

Formal Steps. All grievances Step One - Superintendent If an administrator’s grievance has not been satisfactorily resolved at the Informal Step, and the administrator wishes to pursue the grievance, the aggrieved party, within five (5) school days after the Superintendent’s verbal response at the Informal Step, shall be processed in the following manner: The parties share a common goal of attempting to resolve most matters informally without resort to reduce the grievance processto writing. Towards this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations within 21 calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations within 21 Calendar days of the Union’s receipt of the written notice of discipline. The That written grievance shall set forth the name facts giving rise to the grievance, the Article and Section which has allegedly been misinterpreted or misapplied with respect to the aggrieved party and the specific remedy sought. This written grievance shall be delivered to the superintendent or his/her designee. Within five (5) school days after receipt of the grievant(s)written grievance, the date Superintendent or his/her designee shall schedule a meeting with the aggrieved party, which meeting shall be held within ten (10) school days after receipt by the Superintendent or his/her designee of the alleged violation, written grievance. Within ten (10) school days after conclusion of this meeting at which the alleged facts aggrieved party shall give his/her respective views of the grievance, the specific Article(s) and Section(s) alleged Superintendent or his/her designee shall render a written decision. This decision shall be mailed or delivered to have been violated, the aggrieved party and the remedy that is being sought by President of the grievant or UnionAssociation. If Step Two - Board of Education Should resolution of the grievance is disciplinary fail in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 Decision. If requestedOne, the meeting shall be scheduled within twenty-one (21) calendar days of being requested. The Hospital will make best efforts to have someone other than the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officer. At the Step 1 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters). The Director of Labor Relations or designee aggrieved employee shall have the right to ask questions of any appeal in writing to the Board, pending approval of the individuals that appear Association. The Association President and Vice President will decide if a grievance unsuccessful at Step One will be submitted to the hearingmembership for a vote to proceed with PAA support. Within 21 calendar If the Association votes not to support and pursue the grievance, the grievant may still pursue the grievance without PAA support. The appeal must be initiated within five (5) work days of the hearingcompletion of Step One. The Board shall hold a private hearing for the purposes of reviewing all written statements and minutes of the previous step, and of hearing all parties involved in previous stages, within ten (10) work days. The Board shall render a decision within twenty (20) workdays after hearing the appeal. Step Two may be waived in the event the parties can agree mutually to do so. Step Three - Arbitration If the grievance has not been satisfactorily resolved at the Informal Step or Formal Steps, and the aggrieved party wishes to continue to pursue the grievance, the Director aggrieved party shall within the ten (10) school days after receipt of Labor Relations or designee shall issue the Board of Education’s decision at Step 1 decision, in writing, Two submit to the Union, which Superintendent or his/her designee a request to proceed to arbitration. The parties shall provide request the American Arbitration Association to submit a list of seven (7) arbitrators to the Superintendent or his/her designee and to the President of the Association. An arbitrator shall be selected from this list in accordance with the established procedures of the American Arbitration Association. The costs for a decision in the matter services of the arbitrator will be borne equally by the District and the reason(s) for the decisionaggrieved party, as prescribed by law. If a Step 1 hearing cannot be scheduled within twenty-one (21) daysthe Association had voted to support and pursue the grievance, the parties mayassociation will pay these costs on behalf of the employee. However, by mutual written agreement agree if the Association had voted not to a later datesupport and pursue the grievance, then the individual employee will bear all associated costs. If a hearing cannot be held within thirty (30) daysThe arbitrator shall have no authority to add to, subtract from, change, or modify any provision of this Agreement, but shall interpret the Director existing provisions of Labor Relations shall make his the Agreement and apply them to the specific facts of the grievance or dispute. The decision based on of the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 Decision arbitrator shall be final and binding upon the parties and not subject to challenge or appeal in any forumhereto.

Appears in 1 contract

Sources: Memorandum of Agreement (Moa)

Formal Steps. All grievances shall be processed in the following manner: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Towards this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations within 21 calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations within 21 Calendar days of the Union’s receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), the date of the alleged violation, the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 Decision. If requested, the meeting shall be scheduled within twenty-one (21) calendar days of being requested. The Hospital will make best efforts to have someone other than the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officer. At the Step 1 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters). The Director of Labor Relations or designee shall have the right to ask questions of any of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 decision, in writing, to the Union, which shall provide for a decision in the matter and the reason(s) for the decision. If a Step 1 hearing cannot be scheduled within twenty-one (21) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forum.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Formal Steps. All grievances shall be processed in the following manner: Step 1: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Towards Toward this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations applicable Department head within 21 ten (10) calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances circumstance giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations applicable Department Head within 21 Calendar ten (10) calendar days of the Union’s 's receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), the date of the alleged violation, the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. The Department Head shall render a written decision ("Step I Decision") based on the evidence submitted by the Union within 10 calendar days of receipt of the written grievance. A copy of the Step 1 Decision will be provided to the Union president and the grievant(s). During the ten (10) day review period, the Union may request a meeting with the Department Head to discuss the grievance. If the Department Head believes a meeting is beneficial, it will be held within the ten (10) day review period. The decision by the Department Head to meet and discuss the grievance shall not toll the ten (10) day response period. Step 2: If the Union is not satisfied with the Step 1 Decision, it may submit the grievance to Step 2, in writing, to the Director of Labor Relations, within ten (I 0) calendar days, excluding holidays, after receipt of the Step I Decision. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 2 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 2 Decision. If requested, the meeting shall be scheduled within twenty-one fourteen (2114) calendar days of being requested. The Hospital will make best efforts to have someone other than the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officer. At the Step 1 2 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters). The Director of Labor Relations or designee shall have the right to ask questions of any of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 2 decision, in writing, to the Union, which shall provide for a decision in the matter and the reason(s) for the decision. If a Step 1 2 hearing cannot be scheduled within twenty-one fourteen (2114) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 2 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forum. Written warnings, written warnings in lieu of suspension without pay of24 hours or less, and suspensions of 24 hours or less shall not be subject to arbitration. Discipline imposed for time and attendance violations shall not be arbitrable. The Hospital and the Union agree to be bound by the rules and regulations of the Public Employment Relations Commission. In the case of non-disciplinary grievances and disciplinary grievances involving suspension (more than 24 hours), written warning in lieu of a suspension of more than 24 hours, involuntary demotion (not the result of a reduction in force) or discharge, if the Union is not satisfied with the Step 2 Decision, the Union may file a written request for binding arbitration through the Public Employment Relations Commission (with copy provided simultaneously to the Director of Labor Relations). Requests for arbitration must be submitted to the Public Employment Relations Commission within thirty (30) calendar days of its receipt of the Step 2 Decision. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. The Union's decision concerning whether or not to request binding arbitration shall be final as to the interests of both the Union and the grievant. Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fees and the expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties. A transcript of all arbitration hearings may be taken. The Arbitrator shall have the right to subpoena relevant documents and witnesses ifrequested to do so by either party. The arbitrator shall be restricted to the application of the facts presented and shall have no authority to add to, detract from, alter, amend or modify any provision of this agreement, or to impose on either party a limitation or obligation not explicitly provided for in this agreement. The Arbitrator shall not have any authority to prescribe a monetary Award as penalty for a violation of this Agreement. Upon receipt of the arbitrator's award, corrective action, if any, will be implemented as soon as practical, but in any event no later than thirty (30) calendar days after receipt of the arbitrator's award, unless a party wishes to challenge the award. In the event such legal remedy is pursued, corrective action will be implemented no later than fifteen (15) calendar days after final resolutions by the courts.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Formal Steps. All grievances shall be processed in the following manner: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Towards this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations within 21 calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations within 21 Calendar days of the Union’s receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), the date of the alleged violation, the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 hearing, which may be conducted by telephone or video conference if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 Decision. If requested, the meeting shall be scheduled within twenty-twenty- one (21) calendar days of being requested. The Hospital will make best efforts to have someone other than the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officer. At the Step 1 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters). The Director of Labor Relations or designee shall have the right to ask questions of any of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 decision, in writing, to the Union, which shall provide for a decision in the matter and the reason(s) for the decision. If a Step 1 hearing cannot be scheduled within twenty-one (21) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forum.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Formal Steps. All grievances shall be processed in the following manner: Step 1: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Towards Toward this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations applicable Department Head within 21 ten (10) calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Unionsubmitted, in writing, to the Director of Labor Relations applicable Department Head within 21 Calendar ten (10) calendar days of the Union’s receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), the date of the alleged violation, the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the employee or Union in challenging at the discipline time the written grievance is filed must be included. The Department Head shall render a written decision (“Step 1 Decision”) based on the evidence submitted by the Union within 10 calendar days of receipt of the written grievance. A copy of the Step 1 Decision will be provided to the Union president and the grievant(s). Step 2: If the Union is not satisfied with the Step 1 Decision, it may submit the grievance to Step 2, in writing, to the Director of Labor Relations, within ten (10) calendar days after receipt of the Step 1 Decision. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 2 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 2 Decision. If requested, the meeting shall be scheduled within twenty-one twenty (2120) calendar days of being requested. The Hospital requested and will make best efforts to have someone other never exceed release of more than two (2) employees on behalf of the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officerUnion. At the Step 1 2 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters)severe. The Director of Labor Relations or designee shall have the right to ask questions of any of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 2 decision, in writing, to the Union, which shall provide for a decision in the matter and the reason(s) for the decision. If a Step 1 2 hearing cannot be scheduled within twenty-one twenty (2120) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 2 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forum.. Written warnings and suspensions of 24 hours or less shall not be subject to arbitration. The Hospital and the Union agree to be bound by the rules and regulations of the Public Employment Relations Commission. In the case of non-disciplinary grievances and disciplinary grievances involving suspension (more than 24 hours), written warning in lieu of a suspension of more than 24 hours, involuntary demotion (not the result of a reduction in force) or discharge, if the Union is not satisfied with the Step 2 Decision, the Union may file a written request for binding arbitration through the Public Employment Relations Commission (with copy provided simultaneously to the Director of Labor Relations). Requests for arbitration must be submitted to the Public Employment Relations Commission within thirty (30) calendar days of its receipt of the Step 2 Decision. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. The Union’s decision concerning whether or not to request binding arbitration shall be final as to the interests of both the Union and the grievant. Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fees and the expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties. The arbitrator shall be restricted to the application of the facts presented and shall have no authority to add to, detract from, alter, amend or modify any provision of this agreement, or to impose on either party a limitation or obligation not explicitly provided for in this agreement. Upon receipt of the arbitrator’s award, corrective action, if any, will be implemented as soon as practical, but in any event no later than thirty

Appears in 1 contract

Sources: Collective Negotiations Agreement

Formal Steps. All grievances Step One - Superintendent If an administrator’s grievance has not been satisfactorily resolved at the Informal Step, and the administrator wishes to pursue the grievance, the aggrieved party, within five (5) school days after the Superintendent’s verbal response at the Informal Step, shall be processed in the following manner: The parties share a common goal of attempting to resolve most matters informally without resort to reduce the grievance processto writing. Towards this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, to the Director of Labor Relations within 21 calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations within 21 Calendar days of the Union’s receipt of the written notice of discipline. The That written grievance shall set forth the name facts giving rise to the grievance, the Article and Section which has allegedly been misinterpreted or misapplied with respect to the aggrieved party and the specific remedy sought. This written grievance shall be delivered to the superintendent or his/her designee. Within five (5) school days after receipt of the grievant(s)written grievance, the date Superintendent or his/her designee shall schedule a meeting with the aggrieved party, which meeting shall be held within ten (10) school days after receipt by the Superintendent or his/her designee of the alleged violation, written grievance. Within ten (10) school days after conclusion of this meeting at which the alleged facts aggrieved party shall give his/her respective views of the grievance, the specific Article(s) and Section(s) alleged Superintendent or his/her designee shall render a written decision. This decision shall be mailed or delivered to have been violated, the aggrieved party and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance President of the Association. Step 1 Decision. If requestedTwo - Board of Education Should resolution of grievance fail in Step One, the meeting shall be scheduled within twenty-one (21) calendar days of being requested. The Hospital will make best efforts to have someone other than the Human Resources representative who attended the ▇▇▇▇▇▇▇▇▇▇ meeting as the hearing officer. At the Step 1 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis for the grievance and any supporting arguments. If the grievance is based on discipline, the Union will explain why the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden of proof in disciplinary matters). The Director of Labor Relations or designee aggrieved employee shall have the right to ask questions of any of appeal in writing to the individuals that appear at the hearingBoard. Within 21 calendar This appeal must be initiated within five (5) work days of the hearingcompletion of . Step One. The Board shall hold a private hearing for the purposes of reviewing all written statements and minutes of the previous step, and of hearing all parties involved in previous stages, within ten (10) work days. The Board shall render a decision within twenty (20) workdays after hearing the appeal. Step Two may be waived in the event the parties can agree mutually to do so. Step Three - Arbitration If the grievance has not been satisfactorily resolved at the Informal Step or Formal Steps, and the aggrieved party wishes to pursue the grievance, the Director aggrieved party shall within the ten (10) school days after receipt of Labor Relations or designee shall issue the Board of Education’s decision at Step 1 decision, in writing, Two submit to the UnionSuperintendent or his/her designee a request to proceed to arbitration. The parties shall request the American Arbitration, which Association to submit a list of seven (7) arbitrators to the Superintendent or his/her designee and to the President of the Association. An arbitrator shall provide be selected from this list in accordance with the established procedures of the American Arbitration Association. The costs for a decision in the matter services of the arbitrator will be borne equally by the District and the reason(s) for Association. The arbitrator shall have no authority to add to, subtract from, change, or modify any provision of this Agreement, but shall interpret the decisionexisting provisions of the Agreement and apply them to the specific facts of the grievance or dispute. If a Step 1 hearing cannot be scheduled within twenty-one (21) days, The decision of the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 Decision arbitrator shall be final and binding upon the parties and not subject to challenge or appeal in any forumhereto.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Formal Steps. All grievances 1. Step One A grievant shall be processed initiate his or her grievance in the following manner: The parties share a common goal of attempting to resolve most matters informally without resort writing and present it formally to the College/University President or his or her designee. Such statement of grievance process. Towards this end, the parties will attempt to address issues promptly as they arise. Any non-disciplinary grievance shall be submitted in writing, should include specific reference to the Director following: a) the article and section of Labor Relations within 21 calendar days this Agreement alleged to have been breached, misinterpreted, or improperly applied; b) the applicable policy or rule of its occurrence a Board of Trustees, which establishes terms and conditions of employment alleged to have been arbitrarily or discriminatorily applied or not followed; c) a description of the date when the employee or the Union first became aware of the circumstances giving rise to how the alleged grievance. If the grievance relates to disciplinary action, the grievance must be submitted by the Union, in writing, to the Director of Labor Relations within 21 Calendar days of the Union’s receipt of the written notice of discipline. The written grievance shall set forth the name of the grievant(s), violation occurred; d) the date of the alleged violation; e) the proposed remedy. Where the nature of the grievance suggests that it would be appropriate, the alleged facts grievant may be requested by the President or his or her designee to meet any involved official of the College/University in an effort to resolve the grievance informally. Such informal discussions shall not become a part of the record of the grievance unless the grievance is resolved on the basis of such discussions. The President or designee thereof shall hear the grievance and, where appropriate, witnesses may be heard and pertinent records received. The hearing shall be held within twenty (20) calendar days of receipt of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought by the grievant or Union. If the grievance is disciplinary in nature, copies of all documents relied upon by the Union in challenging the discipline must be included. Either the Director of Labor Relations or designee, or the Union, may request a Step 1 hearing, which may be conducted by telephone if mutually agreed, for the purpose of resolving the grievance prior to issuance of the Step 1 Decision. If requested, the meeting decision shall be scheduled rendered in writing to the employee and the UNION representative within twenty-one fifteen (2115) calendar days of being requestedthe conclusion of the hearing of the grievance. The Hospital decision of the President or his or her designee shall be final and binding as to B.2 grievances. Additionally, grievances alleging a breach, misinterpretation or improper application of the terms of this Agreement that relate to employment, reemployment, discipline or academic judgment cannot be appealed to arbitration. 2. Step Two If the aggrieved employee is not satisfied with the disposition of the B.1 grievanceat Step One, or should no decision be forthcoming in the prescribed time, the UNION as representative of the employee may, within twenty (20) calendar days from the determination at said step and upon written notification of intent to arbitrate to the Director of the Office of Employee Relations, appeal the grievance to arbitration. The arbitrator shall conduct a hearing and investigation to determine the facts and render a binding decision for the resolution of the grievance. In no event shall an arbitrator's decision have the effect of adding to, subtracting from, modifying or amending the provisions of this Agreement, the laws of the STATE, or any policy of the STATE or any Board of Trustees. In all cases, the burden of proof is on the grievant. If one of the issues before the arbitrator is timeliness, the arbitrator must first render a decision on this issue. This decision shall be rendered on the day of the hearing when possible. A subsequent day of hearing will make best efforts occur only if the arbitrator determines the matter to have someone other than been timely filed. Any costs resulting from this procedure shall be shared equally by the Human Resources representative who attended parties. The arbitrator making a binding determination of a grievance has the authority to prescribe a compensatory award to implement the decision. The parties shall mutually agree upon a panel of three or more arbitrators. Each member of the panel shall serve by random selection as the sole arbitrator for a given case or cases.When a member of the panel is unable to serve, another member shall then serve by random selection. Each member of the panel serves by mutual agreement of the STATE and the UNION and may be removed at any time by either party through written notice to the ▇▇▇▇▇▇▇▇.▇▇ meeting as the hearing officer. At the Step 1 Hearing, the Union will make a presentation to the Director of Labor Relations or designee explaining the basis event it is necessary for the grievance parties to select a new panel member, and any supporting arguments. If the grievance is based parties are unable to agree on disciplinesuch new panel member, an ad hoc replacement arbitrator shall be selected on a case-by-case basis under the Union will explain why selection procedure of PERC.Such selection procedure shall also be utilized in the discipline was unwarranted and/or why the penalty is too severe (although this does not change the fact that the Hospital has the burden event of proof in disciplinary matters). The Director of Labor Relations or designee shall have the right to ask questions of any a failure of the individuals that appear at the hearing. Within 21 calendar days of the hearing, the Director of Labor Relations or designee shall issue the Step 1 decision, in writing, parties to the Union, which shall provide for agree upon a decision in the matter and the reason(s) for the decision. If a Step 1 hearing cannot be scheduled within twenty-one (21) days, the parties may, by mutual written agreement agree to a later date. If a hearing cannot be held within thirty (30) days, the Director of Labor Relations shall make his decision based on the papers submitted. With respect to any disciplinary grievance involving a written reprimand or suspension without pay of 24 hours or less, the Step 1 Decision shall be final and binding upon the parties and not subject to challenge or appeal in any forumnew panel.

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Sources: Adjunct Unit Agreement