Grievance/Arbitration Option Sample Clauses

Grievance/Arbitration Option. The Union may file a grievance as to a proposed disciplinary action (excluding oral and written reprimands) against a Member in accordance with Article 13 of this agreement, except that the grievance shall be filed at the first Step (Chief of Police) then at the third Step (arbitration) and the Arbitrator shall be selected within thirty (30) days of the election of the Grievance/Arbitration option and a decision by the Arbitrator shall be given within thirty (30) days following the conclusion of the hearing. Pursuant to Article 13, Section D, the Grievance Committee, with a Labor Council representative, shall discuss and review disciplinary grievance appeals upon a request from the employee. The Grievance Committee shall notify the affected employee within fifteen (15) business days from the employee's request that a grievance will or will not be filed on the employee's behalf. If the employee is notified that a grievance will not be filed, the employee shall retain the option to file the appeal before the Board of Fire and Police Commissioners within ten (10) days in accordance with Step 3 of the grievance procedure. The time periods may be extended by the mutual agreement of the parties. If the Member elects the Board option, the Employer may formally implement and the Member may contest, the charges in accordance with the provisions of 65 ILCS 5/10-2.1-17. In proceedings before the Board, the existence or lack of "just cause" for the charges and discipline shall be determined by the Board in accordance with its statutory authority. If the Member does not elect the Board option and the Union decides to file a grievance, the grievance shall be arbitrated unless a settlement of the grievance acceptable to the Member, Employer, and the Union is rendered. The Employer may, after having served the Member with written notice of the charges and proposed penalty, suspend a Member with pay or for a maximum of thirty (30) days without pay or with the approval of the Arbitrator or the Board, as the case may be, suspend for a longer period of time pending the outcome of the disciplinary hearing, provided that if the charges are not sustained, the Member shall be made whole for all wages and benefits withheld with no loss of seniority. If the Board or Arbitrator, as the case may be, finds just cause for discipline they may suspend the Member for a period not to exceed thirty (30) days or terminate the Member. The Board or Arbitrator, as the case may be, may count any...
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Grievance/Arbitration Option. A. The Union may file a grievance as to the proposed disciplinary action against an employee. An employee who desires to appeal a proposed disciplinary action through the grievance/arbitration procedure shall notify the Union President or his/her designee, of his/her desire within twenty- four (24) hours of receipt of the City’s notice of proposed disciplinary action.
Sample 1
Grievance/Arbitration Option. The Union may file a grievance on the proposed suspension by the Fire Chief. If the Union desires to appeal disciplinary action through the grievance/arbitration procedure, it shall notify the Fire Chief within forty-eight (48) hours of receipt of the Fire Chief’s notice of the disciplinary action. If the Union decides not to file a grievance, the Fire Chief shall notify the Secretary of the Board of Fire Commissioners in accordance with the procedure set forth in 70 ILCS 705/16.13b and the Rules of the Board of Fire Commissioners. The employee may appeal the discipline to the Board of Fire Commissioners and shall have no other option to use the grievance arbitration procedure for that discipline. If the Union decides to file a grievance, the grievance shall be arbitrated unless an acceptable settlement is reached between the District and the Union. The grievance shall be filed at Step 2 of the Grievance Procedure. The Union may submit the grievance to arbitration. If the discipline is sustained by an arbitrator’s decision, neither the Union nor the employee shall have any further right to contest such charges and penalty before the Board of Fire Commissioners.
Sample 1
Grievance/Arbitration Option. The Union shall advise the District as to its determination as to whether the Union will file a grievance as to the disciplinary action within seven (7) calendar days of the receipt of the employee’s request. If the Union decides not to file a grievance, the Fire Chief may proceed with the charges in a hearing before the Board of Fire Commissioners. The District may proceed with the proposed disciplinary action in accordance with the procedure set forth in 70 ILCS 705/16.13b subject to the employee’s right to appeal the hearing described therein. If the Union decides to file a grievance, the grievance shall be arbitrated in the same manner as provided in this Agreement, unless an acceptable settlement is reached between the District and the Union. Pending arbitration of the grievance, the District may immediately implement the penalty and neither the Union nor the employee shall have any further rights to contest such charges and penalty before the Board of Fire Commissioners.
Sample 1
Grievance/Arbitration Option. The Union may file a grievance as to the proposed disciplinary action against an employee. An employee who desires to appeal a proposed disciplinary action which is subject to the jurisdiction of the Commission through the grievance/arbitration procedure shall notify the Union President or his designee, of his/her desire within twenty-four (24) hours of receipt of the District’s notice of proposed disciplinary action. The Union’s Executive Board shall meet promptly to consider the employee’s request and shall advise the employee as to its determination as to whether the Union will file a grievance as to the proposed disciplinary action within seven (7) calendar days of its receipt of the employee’s request. If the Union decides not to file a grievance, the District may formally implement the penalty and the employee contest the charges in accordance with the provisions of 70 ILCS 705/16.13b. If the Union decides to file a grievance, the grievance shall be arbitrated unless a settlement of the grievance acceptable to the employee, the Union and the District is reached. Pending resolution of any grievance, the District may suspend an employee with pay or for a maximum of thirty (30) calendar days without pay or for a longer period provided that if the charges are not sustained, the employee shall be made whole for all wages and benefits withheld. If the grievance is sustained by an Arbitrator, the District shall be bound by the Arbitrator’s decision and shall not file charges as to the incident with the Commission. If the Arbitrator finds just cause for a suspension or discharge, the District may immediately implement the penalty sustained by the Arbitrator’s decision and the employee shall not have any further right to contest such charges and penalty before the Commission.
Sample 1

Related to Grievance/Arbitration Option

  • 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 PROCEDURE The grievance-arbitration procedure set forth in Sections 18.37 through 18.43 shall be applicable only to disputes arising under Division C of this article.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.

  • GRIEVANCE PROCEDURE & ARBITRATION 36.01 Any complaint, disagreement or difference of opinion between the Company and the Union, or the employees, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Mediation/Arbitration All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties related to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

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