Common use of Grievance Procedural Steps Clause in Contracts

Grievance Procedural Steps. a. Pre-Termination Due Process Hearing (▇▇▇▇▇▇ Hearing) 1. Within 15 calendar days of the date of the infraction or the date on which the infraction could have reasonably become known, the employee and Union will be provided with a “Charge Letter” which explains the infraction, the proposed termination from employment, and copies of any documentation in support of the proposed disciplinary action. 2. The Union and/or the employee will have 7 calendar days in which to submit a written response to the charges or request in writing a meeting to respond orally. The response (written or request for a meeting) shall be directed to the EMT Member (Chief Operating Officer, Chief of Facilities and Business Support Services, or Chief Administrative Officer) who is not in the employee’s direct organizational chain of command. If a meeting is requested, it shall be held at the earliest mutual available time and location. 3. Following receipt of the written response or close of the meeting, after taking into consideration the employee/Union’s response, the EMT shall issue a written decision within 15 calendar days on whether to uphold or modify the proposed action. Until such time as the decision is issued, the employee will remain employed and not be subject to a loss of normal pay and benefits. 4. If the Union, on behalf of the employee, is in disagreement with the decision of the EMT, it may challenge the decision pursuant to the grievance procedure, as set forth below. b. Step 1: 1. When notification of formal discipline is received, the employee or Union representative shall have fifteen (15) calendar days in which to file a formal written grievance. The grievance is to be filed with the Manager/Director of the department or a designated representative of the department from which the grievance originated. 2. In non-disciplinary circumstances where a letter of formal discipline is not issued to an employee, the grievant/Union shall have fifteen (15) calendar days from the date of the District action, or date on which such action could have reasonably become known, in which to file the written grievance. The grievance is to be filed with the Department Manager/Director or designated representative where the issue originated. 3. A formal written grievance shall contain the following informational details: (a) a statement of the circumstances and facts upon which the grievance is based; (b) the specific remedy or correction requested; (c) the Article, Section and paragraph number(s) of the Agreement that is alleged to have been violated; (d) the signature of the grievant and/or the Union representative, if applicable; and (e) the date the grievance is filed with the District. 4. Upon receipt of the written grievance, a meeting shall be held with the department Manager/Director or a designated representative, the grievant and/or Union representative. The District’s representative shall issue a written decision within fifteen (15) calendar days from the date the grievance was received. c. Step 2: 1. Should the written response of the District be unacceptable to the Union, the Union may appeal the dispute, in writing, to Step 2. The appeal must be submitted to the Labor Relations Department within fifteen (15) calendar days of receipt of the District’s Step 1 response. 2. Upon receipt of the appeal, the Director, Labor Relations or designee shall meet with the Union Business Representative or his or her designee within fifteen (15) calendar days to review the facts of the dispute in an attempt to resolve the matter. Depending upon the circumstances of the dispute, a joint fact-finding investigation may be conducted. A joint statement of the findings and positions of both parties will be issued within thirty (30) calendar days. Should the issue not be resolved, the Union may forward the issue to expedited arbitration or arbitration for a final and binding resolution. If the parties cannot agree on which forum to send the issue, the dispute shall be sent to arbitration. The time limits set forth above may be extended by mutual agreement.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Procedural Steps. a. Pre-Termination Due Process Hearing (▇▇▇▇▇▇ Hearing)An employee alleged to have engaged in conduct to the degree that management is considering his or her termination from employment, or an employee is alleged to have violated the terms of his or her DML letter where termination from employment is the prescribed punishment, the following process shall be afforded the employee prior to administering a final decision on the proposed disciplinary action. 1. Within 15 calendar days of the date of the infraction or the date on which the infraction could have reasonably become known, the employee and Union will be provided with a "Charge Letter" which explains the infraction, the proposed termination from employment, and copies of any documentation in support of the proposed disciplinary action. 2. The Union and/or the employee will have 7 calendar days in which to submit a written response to the charges or request in writing a meeting to respond orally. The response (written or request for a meeting) shall be directed to the EMT Member (Chief Operating Officer, Chief of Facilities and Business Support Services, or Chief Administrative Officer) who is not in the employee’s 's direct organizational chain of command. If a meeting is requested, it shall be held at the earliest mutual available time and location. 3. Following receipt of the written response or close of the meeting, after taking into consideration the employee/Union’s 's response, the EMT shall issue a written decision within 15 calendar days on whether to uphold or modify the proposed action. Until such time as the decision is issued, the employee will remain employed and not be subject to a loss of normal pay and benefits. 4. If the Union, on behalf of the employee, is in disagreement with the decision of the EMT, it may challenge the decision pursuant to the grievance procedure, as set forth below. b. Step 1: 1. When notification of formal discipline is received, the employee or Union representative shall have fifteen (15) calendar days in which to file a formal written grievance. The grievance is to be filed with the Manager/Director of Directorof the department or a designated representative of the department from which the grievance originated. 2. In non-disciplinary circumstances where a letter of formal discipline is not issued to an employee, the grievant/Union shall have fifteen (15) calendar days from the date of the District action, or date on which such action could have reasonably become known, in which to file the written grievance. The grievance is to be filed with the Department Manager/Director or designated representative where the issue originated. 3. A formal written grievance shall contain the following informational details: (a) a statement of the circumstances and facts upon which the grievance is based; (b) the specific remedy or correction requested; (c) the Article, Section and paragraph number(s) of the Agreement that is alleged to have been violated; (d) the signature of the grievant and/or the Union representative, if applicable; and (e) the date the grievance is filed with the District. 4. Upon receipt of the written grievance, a meeting shall be held with the department Manager/Director or a designated representative, the grievant and/or Union representative. The District’s 's representative shall issue a written decision within fifteen (15) calendar days from the date the grievance was received. c. Step 2: 1. Should the written response of the District be unacceptable to the Union, the Union may appeal the dispute, in writing, to Step 2. The appeal must be submitted to the Labor Employee Relations Department within fifteen (15) calendar days of receipt of the District’s 's Step 1 response. 2. Upon receipt of the appeal, the Director, Labor Employee Relations Manager or designee shall meet with the Union Business Representative or his or her designee within fifteen (15) calendar days to review the facts of the dispute in an attempt to resolve the matter. Depending upon the circumstances of the dispute, a joint fact-finding investigation may be conducted. A joint statement of the findings and positions of both parties will be issued within thirty (30) calendar days. Should the issue not be resolved, the Union may forward the issue to expedited arbitration or arbitration for a final and binding resolution. If the parties cannot agree on which forum to send the issue, the dispute shall be sent to arbitration. The time limits set forth above may be extended by mutual agreement.fifteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance Procedural Steps. a. Pre-Termination Due Process Hearing (▇▇▇▇▇▇ Hearing) 1. Within 15 calendar days of the date of the infraction or the date on which the infraction could have reasonably become known, the employee and Union will be provided with a “Charge Letter” which explains the infraction, the proposed termination from employment, and copies of any documentation in support of the proposed disciplinary action. 2. The Union and/or the employee will have 7 calendar days in which to submit a written response to the charges or request in writing a meeting to respond orally. The response (written or request for a meeting) shall be directed to the EMT Member (Chief Operating Officer, Chief of Facilities and Business Support Services, or Chief Administrative Officer) who is not in the employee’s direct organizational chain of command. If a meeting is requested, it shall be held at the earliest mutual available time and location. 3. Following receipt of the written response or close of the meeting, after taking into consideration the employee/Union’s response, the EMT shall issue a written decision within 15 calendar days on whether to uphold or modify the proposed action. Until such time as the decision is issued, the employee will remain employed and not be subject to a loss of normal pay and benefits. 4. If the Union, on behalf of the employee, is in disagreement with the decision of the EMT, it may challenge the decision pursuant to the grievance procedure, as set forth below. b. Step 1: 1. When notification of formal discipline is received, the employee or Union representative shall have fifteen (15) 15 calendar days in which to file a formal written grievance. The grievance is to be filed with the Manager/Director of the department or a designated representative of the department from which the grievance originated. 2. In non-disciplinary circumstances where a letter of formal discipline is not issued to an employee, the grievant/Union shall have fifteen (15) 15 calendar days from the date of the District SacRT action, or date on which such action could have reasonably become known, in which to file the written grievance. The grievance is to be filed with the Department Manager/Director or designated representative where the issue originated. 3. A formal written grievance shall contain the following informational details: (a) a statement of the circumstances and facts upon which the grievance is based; (b) the specific remedy or correction requested; (c) the Article, Section and paragraph number(s) of the Agreement that is alleged to have been violated; (d) the signature of the grievant and/or the Union representative, if applicable; and (e) the date the grievance is filed with the District▇▇▇▇▇. 4. Upon receipt of the written grievance, a meeting shall be held with the department Manager/Director or a designated representative, the grievant and/or Union representative. The DistrictSacRT’s representative shall issue a written decision within fifteen (15) 15 calendar days from the date the grievance was received. c. Step 2: 1. Should the written response of the District ▇▇▇▇▇ be unacceptable to the Union, the Union may appeal the dispute, in writing, to Step 2. The appeal must be submitted to the Labor Relations Department within fifteen (15) 15 calendar days of receipt of the District▇▇▇▇▇’s Step 1 response. 2. Upon receipt of the appeal, the Director, Labor Relations or designee shall meet with the Union Business Representative or his or her their designee within fifteen (15) 15 calendar days to review the facts of the dispute in an attempt to resolve the matter. Depending upon the circumstances of the dispute, a joint fact-finding investigation may be conducted. A joint statement of the findings and positions of both parties will be issued within thirty (30) 30 calendar days. Should the issue not be resolved, the Union may forward the issue to expedited arbitration or arbitration for a final and binding resolution. If the parties cannot agree on which forum to send the issue, the dispute shall be sent to arbitration. The time limits set forth above may be extended by mutual agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement