GRIEVANCE ARBITRATION Sample Clauses
GRIEVANCE ARBITRATION. Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.
GRIEVANCE ARBITRATION. Section 16.1. In the event that a grievance remains unresolved after the completion of Step 3, the grievance may be referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union shall have the right to compel the arbitration of a grievance without the consent of the other. Service may be made by regular U.S. mail based upon the date of the postmark.
Section 16.2. If a grievance is not presented within any of the time limits specified in this Article, it shall be considered waived and the Employer's last answer shall be final and binding.
Section 16.3. After either party has so notified the other of its referral of a grievance to arbitration, the parties will attempt to meet within ten (10) working days to select an arbitrator, or to request of the Iowa Public Employment Relations Board that it furnish a list of five (5) arbitrators from which the parties shall select one (1) arbitrator. The Employer and the Union shall meet within five (5) working days from receipt of said list and alternately strike four (4) names from the submitted list, and the person whose name is left shall be the arbitrator. Provided, however, that the Union and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and thereafter petition PERB for a new list of five (5) arbitrators. The party making the first strike shall be determined by a coin flip.
Section 16.4. The fees and expenses of the arbitrator will be shared equally by the parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the arbitration hearing shall be made unless requested by a party. The cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the non-requesting party should either or both of them desire the same. The arbitrator's decision will be final and binding on the parties.
Section 16.5. Within thirty (30) days of hearing, the arbitrator shall issue a written report to the parties detailing his/her recommendations and award.
GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a xxxxxxx shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.
GRIEVANCE ARBITRATION. For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three days. I I It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate decision in the following manner and sequence: decision in writing within five days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director of Human Resources or their designate. A meeting will then be held between the Director of Human Resources or their designate and the designated union representatives who may be accompanied by the general representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Centre shall be delivered in writing within ten days following the date of such meeting.
GRIEVANCE ARBITRATION. 12.01 Unless the parties otherwise agree, the provisions of Section 107 of the Trade Union Act shall apply.
GRIEVANCE ARBITRATION. 78.1 Within seven (7) days following receipt of notification pursuant to Article 75 or 76 that a grievance has been referred to an Arbitration Board, CLS will advise HSAA of its appointee to the Arbitration Board. The appointees will, within seven (7) days, endeavor to select a mutually acceptable chairman of the Arbitration Board. If they fail to agree, the Minister of Labour will be requested to appoint a Chairman, or a single Arbitrator, pursuant to the Act.
78.2 The Arbitration Board or the single Arbitrator will hold a hearing of the grievance to determine the difference and will render an award in writing as soon as possible after the hearing. The Chairman of the Arbitration Board will have authority to render an award with or without the concurrence of either of the other members. The award is final and binding upon the parties and upon any employee affected by it and is enforceable pursuant to the Act.
78.3 The award will be governed by the terms of this Collective Agreement and will not alter, amend or change the terms of this Collective Agreement; however, where a Board of Arbitration or an Arbitrator by way of an award, determines that an employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the Arbitration, the Arbitrator may substitute any penalty for the discharge or discipline that to her seems just and reasonable in all circumstances.
78.4 Each of the parties will bear the expense of its appointee to the Arbitration Board. The fees and expenses of the Chairman or single Arbitrator will be borne equally by the parties.
78.5 Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by the parties. EXPEDITED MEDIATION AND ARBITRATION
78.6 In the event of a grievance set out in the following list, either CLS or HSAA may refer the matter to expedited arbitration in accordance with the procedures set out below.
78.7 Issues subject to expedited arbitration are:
GRIEVANCE ARBITRATION. Within seven (7) days following receipt of notification pursuant to Article 46.02(d) or 46.03(c) that a grievance has been referred to an Arbitration Board, the Employer shall advise the Union of its appointee to the Arbitration Board. The appointees shall, within seven (7) days, endeavor to select a mutually acceptable chairman of the Arbitration Board. If they fail to agree, the Minister of Employment and Immigration shall be requested to appoint a Chairman, or a single arbitrator, pursuant to the Code.
GRIEVANCE ARBITRATION. No action taken by the University with respect to a management and/or academic right shall be subject to the grievance or arbitration procedure or collateral suit, unless the exercise thereof violates an express written provision of this Agreement.
GRIEVANCE ARBITRATION a. Final and binding arbitration may be initiated by serving upon the Chief of Police and City Labor Negotiator a notice in writing of an intent to proceed to final and binding arbitration within 30 days of receipt of the second step answer. Said notice shall identify the grievance and the employees involved.
b. Unless the parties can, within seven (7) calendar days following the receipt of such written notice, agree upon the selection of an arbitrator, either party may in writing request the Wisconsin Employment Relations Commission to submit a list of five
GRIEVANCE ARBITRATION. The decision of the Joint Job Evaluation Committee and/or Referee is final and binding and not subject to the grievance procedure.