GRIEVANCE PROCEDURE (Continued. STEP No.2 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Regional Supervisor Plant Operations under Step No.1, refer the written grievance to the Executive Officer of Human Resources or designate. The Executive Officer of Human Resources or designate shall then investigate the grievance and shall meet with the Union Grievance Committee within fifteen (15) working days after receipt of the written grievance. At such meeting the Board or the Union may have such additional representation present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Executive Officer of Human Resources shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days. STEP No.3 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Executive Officer of Human Resources under Step No.2, refer the written grievance to the Director of Education or designate. The Director of Education or designate shall then investigate the grievance and shall meet with the Union Grievance Committee as soon as possible but not later than two (2) weeks thereafter to attempt to settle the grievance. At such meeting the Board or the Union may have such additional representatives present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Director of Education shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days of the holding of the meeting. STEP No.4 If the grievance is not settled at STEP No.3, and if mutually agreed by the Board and the Union, the grievance can proceed to a mediation process. The costs of the process will be shared equally by the parties. STEP No.5 If final settlement of the grievance is not completed at Step No.3 above, it may be referred by either party to Arbitration as hereinafter provided in Article 10 within thirty (30) days from the Director of Education's or designate's decision at Step No.3 above. The party referring the grievance to arbitration shall be restricted to the issue contained in the written grievance.
GRIEVANCE PROCEDURE (Continued. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator.
GRIEVANCE PROCEDURE (Continued. F) Any individual employee or group of employees who willfully violate or disregard the grievance procedures set forth herein may be subject to disciplinary action by the City without recourse to the provision of the grievance procedure outlined herein.
GRIEVANCE PROCEDURE (Continued. 14.12 There shall be no reprisals of any kind taken against any person because of participation in a grievance or complaint or arbitration procedure under this Agreement.
GRIEVANCE PROCEDURE (Continued. 6.02 Any of the time limits specified in the Grievance Procedure may be extended by the mutual agreement of the parties. Where no such agreement has been made or where the agreed extension has expired (a) the grieving employee, or in the case of a Union Grievance, the Union may proceed to the next step of the procedure if the appropriate Board Official exceeds the time allowed for him/her to act, or (b) the Board may consider the grievance abandoned if the grieving employee, or in the case of a Union Grievance, the Union exceeds the time allowed for him/her or the Union to act.
GRIEVANCE PROCEDURE (Continued. 14.03 b) Step 1 The Association may initiate a written grievance, with the appropriate Superintendent of Education through the Manager of Labour Relations. The appropriate Superintendent of Education may convene a meeting with the grieving Teaching Assistant and Association representatives and such others as required within ten (10) working days of receipt of the grievance. The decision, in writing, to the Association, with a copy to the Teaching Assistant, shall be rendered within five (5) days following the meeting. The grievance shall contain:
GRIEVANCE PROCEDURE (Continued ten (10) work days following the Union request for a Step 3 meeting at a time mutually agreeable to the parties. At this meeting all pertinent facts shall be presented by the Union and the Employer. If the grievance is settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the Director of Human Resources or designee and the Union. If no settlement is reached the Director of Human Resources or designee shall give the Employer's written answer to the Union within ten (10) work days following the meeting.
GRIEVANCE PROCEDURE (Continued. C. The arbitrators shall have no authority to add to, subtract from, change or modify any provisions of this Agreement. However, nothing contained herein shall be construed to limit the authority of the arbitrator, in his judgment, to fashion any remedy necessary to make the grievant whole. The arbitrator shall only make an award in favor of any grievance upon an express finding of a violation of this Agreement. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.
GRIEVANCE PROCEDURE (Continued. Association shall be requested to provide a panel of at least seven (7) arbitrators from which a selection shall be made by a mutual striking of names within ten (10) days of receipt of the list. Either party may reject an entire list once before having to strike names. The costs for the services of the arbitrator and the cost of the hearing room shall be borne equally by the District and the Association. Expenses relating to either party’s representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at the request of either party; however, the party requesting the copy of the transcript or recording shall pay for such copy. The arbitrator so selected shall hold hearing(s) unless such hearing(s) are waived, and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearing(s). The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented and the decision must be based solely and only upon an interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be advisory only and binding neither on the Board nor on the Association.
GRIEVANCE PROCEDURE (Continued. At the hearing before the City Manager or his/her designee, the grievant may be represented by an Association representative, or an attorney, and may produce on their behalf, relevant oral or documentary evidence. Witnesses may be permitted. The hearing need not be conducted according to the technical rules relating to evidence and witness. The parties may submit opening briefs to the City Manager (or designee) at the commencement of the hearing. Unless otherwise agreed to by the parties, closing briefs will not be permitted. The parties have the right to present a closing argument to the City Manager (or designee) after both parties rest their case. A record of the proceedings shall be maintained, with transcripts to be made available at cost to the grievant. The City Manager (or designee) shall thereafter make written findings of fact and a disposition of the grievance. The decision of the City Manager (or designee) shall be final.
