GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner: Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1. Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance. Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps. SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance. SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following: A. The date and time when the grievance arose; B. A statement of the grievance and facts; C. The remedy requested; D. The violation of the specific provision of the agreement which is claimed; and E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection. SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step. SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article. SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees. SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative. SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure. SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement. SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between For the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision purpose of this Agreement, a grievance is defined as a difference arising either between a member of the bargaining unit and such grievances the Company or between the parties hereto relating to the interpretation, administration or alleged violation of this Agreement. The grievance shall identify the nature of the grievance, the remedy sought and state that the Agreement has been violated and shall be processed and disposed of in the following manner:
Step 1 An form attached as Schedule or such amended form as the Union shall determine and provide. During a disciplinary discussion, when formal discipline is imposed or at any stage of the formal grievance procedure an employee having a shall have the right, upon request, to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Company shall notify the employee of his right in advance. 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 and/or the employee’s Union representative shall discuss it with the employee’s until he has first given his immediate supervisor or whichever management person made the grievable decision opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if so desires. Such complaint shall be discussed with his immediate supervisor within five (5) working calendar days of after the occurrence or knowledge circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) calendar days, the following steps of the grievance procedure shall be followed within the time limits provided for otherwise the parties acknowledge that no matter exists. The parties may mutually agree in writing to extend or waive these contractual time limits. The employee shall submit the grievance, whichever is later. The Employer shall respond to in writing on the employee form, and signed by him and a shop ▇▇▇▇▇▇▇ (or the employee’s Union representative Business Agent) to his immediate supervisor within five (5) working calendar days after following his immediate supervisor's decision. The employee may be accompanied by a union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within three (3) calendar days following the presentation of day on which the written grievance was presented to him. Failing settlement then: Within five calendar days following the decision in Step 1.
Step 2 If the grievance is not settled in Step 1immediately preceding step, the grievance may, shall be submitted in writing to the Director of Operations or his designate. A meeting will then be held between the Director of Operations or his designate and the designated union ▇▇▇▇▇▇▇ who may be accompanied by the union business agent within five (5) working calendar days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be unless extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to parties in writing. The written grievance must set forth all decision of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee Operations shall be delivered in Steps 1 and 2 lack authority writing to settle, may initially be presented at Step 3 by the Union representativewithin three (3) calendar days following the date of such meeting.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION a. The parties to this agreement recognize the stewards and the CLAC representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
b. A grievance shall be defined as a difference of opinion as to the interpretation, application, or administration of this agreement.
c. A "group grievance" is defined as a single grievance, signed by a ▇▇▇▇▇▇▇, or a CLAC representative, as well as the employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
d. A "policy grievance" is defined as a grievance involving a question relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable and any grievance which an individual could not file. A policy grievance may be submitted by either party to this agreement commencing at Step 1. A policy grievance shall be signed by a ▇▇▇▇▇▇▇ or a CLAC representative, or in the case of an Employer's policy grievance, by an Employer representative.
19.02 Any employee who has a complaint as per 19.01b will discuss the same with the administrator within five (5) workdays of the act or condition causing the complaint and may be accompanied by a ▇▇▇▇▇▇▇, or a CLAC representative if she so desires. This Administrator will deal with the complaint not later than the fifth workday following the day upon which the complaint is a dispute between submitted and will verbally notify the Employer grievor and the Union and/or the employees concerning the interpretation or application representative (if applicable) of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable her decision within five (5) working days workdays following the said meeting. If the reply is not satisfactory to the employee, she may process the complaint as a grievance as defined in 20.01 by following the steps set out below.
Step 1 The employee, accompanied by a ▇▇▇▇▇▇▇ or a CLAC representative, may submit a written grievance to her immediate supervisor within five workdays of the occurrence or knowledge giving rise to decision reached above. This supervisor will deal with the grievance, whichever grievance not later than the third workday following the day upon which the grievance is later. The Employer shall respond to submitted and will notify the employee or grievor and the employee’s Union representative of her decision in writing within five (5) working days after workdays following the presentation of the grievance in Step 1said meeting.
Step 2 If the grievance is not settled in under Step 1, the grievance maya Union representative will, within five (5) working days after workdays of the response in decision under Step 1, be presented in Step 2or within five workdays of the day this decision should have been made, submit a written grievance to the Employer's head office. When grievances are presented in Step 2, they The parties shall be reduced meet to writing, signed by discuss the grievant and/or grievance within one week after the grievance has been received. The Employer shall notify the grievor and the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer its decision in writing within five (5) working days after workdays following the meeting to discuss the grievancesaid meeting.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. 19.03 The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be required to consider or process single or group grievances which arise out of any action or condition more than five workdays after the subject of such grievance occurred. If the action or condition is of a continuing or a recurring nature, this limitation period shall not begin to arbitrationrun until the action or condition has ceased. At no time may an employee or group of employees file a grievance on behalf of another employee.
19.04 Saturdays, Sundays and the paid holidays designated in this agreement will not be counted in determining the time in which any action is to be taken or completed under the grievance or arbitration procedures.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. Section 5.01 A grievance is a dispute between the Employer and complaint by an employee or group of employees for whom the Union and/or is the employees concerning bargaining agent, involving the interpretation or application of any of the provisions of this agreement, dismissal without proper cause, involuntary demotion, or a specific provision complaint that an employee has in any manner been unfairly treated by the Company; or that the health and safety of the employee or employees has been jeopardized. All grievances shall be resolved exclusively in the manner set forth in this Article and Article 6, Arbitration.
Section 5.02 Nothing contained in this Agreement shall deprive any individual employee of the right to discuss with the Company matters in his own interest. It is encouraged that the employee and/or his/her ▇▇▇▇▇▇▇ discuss the issue with the employee's supervisor in the spirit of trying to resolve the issue before resorting to the 29 grievance procedure. However, if such matter presented by an employee involves a question of interpretation or application of this Agreement, which may establish a precedent, or a question involving a matter appropriate for collective bargaining, the Company shall immediately notify the Union, and such grievances the Union shall be processed present and disposed of participate in the following manner:discussions and dispositions of such matter.
Step 1 An employee having Section 5.03 Once a grievance and/or has been presented by the employee’s Union to the Company, representatives of the Company shall not discuss the grievance with the aggrieved employee or employees without affording the appropriate Union representative an opportunity to be present.
Section 5.04 When a grievance is presented to the Company in writing, the supervisor having authority over the matter shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five ten (510) working calendar days of the occurrence or knowledge giving rise to date of presentation hold a meeting for adjustment of the grievance, whichever is latergrievance with the appropriate Union representatives. The Employer Company shall respond to answer the employee or the employee’s Union representative grievance in writing within five ten (510) working calendar days after the presentation date of the grievance in Step this meeting. CWA 4700 Indiana 3 October 1., 2017
Step 2 Section 5.05 If the grievance is not settled in Step 1satisfactorily adjusted under the provisions of Section 5.04, the Union may appeal the grievance mayto the Company representative within twenty (20) calendar days following issue of the written answer. Upon presentation of the grievance to this level, the Company shall within five twenty (520) working calendar days hold a meeting with the Union, by mutual agreement of the parties the meeting may be via conference call where applicable, for the adjustment of the grievance. Within twenty (20) calendar days after the response adjustment meeting is held, the Company shall give its position on the matter in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative writing to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievanceUnion.
Step 3 Section 5.06 If the grievance is not settled in Step 2satisfactorily adjusted under the provisions of Section 5.05, the Union may appeal the grievance may, to arbitration within five thirty (530) working calendar days after the response as outlined in Step 2, be presented by the grievant and/or Union representative in Step 3. The Article 6.
Section 5.07 No complaint or grievance shall be presented in this step to eligible for handling unless proceedings begin within twenty (20) calendar days after knowledge of the Director event out of Employee/Labor Relations and Workforce Compliance Department or his or her designeewhich such grievance shall have arisen. The Company shall not attempt any disciplinary action against any employee for whom the Union may, upon submission is the bargaining agent after the expiration of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution thirty (30) calendar days from knowledge of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requestedevent. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response periods specified in this Article may be extended by mutual agreement in writing for no more than an additional five (5) working days at each consent of the above-referenced stepsUnion and the Company.
SECTION 2. Any grievance Section 5.08 An authorized Union representative not on leave from the Company shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days give his immediate supervisor reasonable notice of the occurrence his intended absence to investigate or condition which it is claimed gave rise to the process a grievance.
SECTION Section 5.09 In the event the Company contemplates the dismissal for just cause of any employee with over three (3) months of seniority, the Company shall notify the Local Union President, or designee, and review the facts prior to the actual dismissal. Upon being submitted to Step 2 During the probationary period, new employees may be discharged or otherwise disciplined at the sole discretion of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date Company and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps such lay off or discharge or other CWA 4700 Indiana 4 October 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.2017
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Section 5.10 Employee/Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall representatives not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects exceeding two (2) or more divisions, and which in number shall suffer no loss of regular pay for time required in meetings with the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representativeCompany representatives when handling grievances.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 16.01 If an employee has any complaint he wishes to bring to the attention of the Company, he shall take the matter up with his immediate supervisor. A grievance The employee may, if he wishes, be accompanied by his ▇▇▇▇▇▇▇. If the complaint is a dispute between not settled to the Employer satisfaction of the employee within two (2) working days, it may then be stated in writing and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having submitted as a grievance and/or to the employee’s Union representative shall discuss it with Plant Manager of the employee’s immediate supervisor or whichever management person made the grievable decision within five Company.
6.02 Within seven (57) working days following receipt of the occurrence or knowledge giving rise to the written grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, Plant Manager and/or such other persons as may be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed designated by the grievant and/or Company, will meet with the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting Committee to discuss the merits matter. At this meeting a full-time representative of the grievance shall Union may be held within five (5) working dayspresent if requested by either party. The Plant Manager will give a written reply to the grievance in Step 2 shall be answered by the Employer in writing within five four (54) working days after the meeting to discuss has been held.
6.03 If the Plant Manager's written reply does not result in the settlement of the grievance.
Step 3 If the grievance is not settled in Step 2, then the grievance may, within five fifteen (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (515) working days after the date of the settlement conference or submissionwritten reply, if no settlement conference is requested. The time limits for the submission of be referred to arbitration.
6.04 If a grievance is not processed from one step to another by the employee/Union representative, the setting of a settlement conference, Committee or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five aggrieved party within seven (57) working days at each after receipt of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedurereply, the grievance shall will be reduced considered dropped. If the Company fails or refuses to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee deal with a copy furnished to grievance during the Union. A rejection of a grievance at time limits or any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial agreed-upon extension thereof, and the Union may proceed it will be considered as automatically advanced to the next step.
SECTION 5. 6.05 Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall allowances provided in this Article may be deemed resolved and shall not thereafter be considered subject extended by mutual agreement.
6.06 The Company may refuse to consider any complaint, the alleged circumstances of which arose more than fifteen (15) working days prior to the grievance complaint being presented to the supervisor.
6.07 In the event there is a difference of opinion between the Company and arbitration provisions Union regarding the interpretation of any clause of this Agreement.
SECTION 6. Anything , or if there is a claim that either party has violated any of the terms of this Agreement, or if the Company has a complaint with respect to the contrary herein notwithstandingconduct of the Union, a its officers, committeemen, or stewards, the matter will be taken up at the Plant Manager's stage of the grievance concerning a dischargeprocedure, suspension or demotion, health and safety or union rights may then be presented initially at Step 3 referred to arbitration in the first instance, within same manner as the time limit specified in Section 2 grievance of this Article.
SECTION 7an employee. All time limits herein specified This section shall not be deemed to be exclusive used as a means of Saturdays, Sundays, and stated holidays by-passing the grievance procedure as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 86.08 The aggrieved person may be present at any step of the grievance procedure if requested by either party. A Where a grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 is signed by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shiftemployees, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 then only two (2) of the Grievance Proceduregroup may be present at a time.
SECTION 106.09 Either party may request a grievance be submitted to Med/Arb in accordance with Section 49-50 of the OLRA. Where both parties agree, the grievance will proceed to mediation services within 30 days or at a time period agreeable to both parties. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 cost of the grievance procedure, but shall not Med/Arb service will be subject to arbitrationshared equally between the Union and the Company.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. 20.1 A grievance is a shall be defined as any dispute or complaint arising between the Employer and Parties hereto about the Union and/or the employees concerning the interpretation interpretation, application, performance, termination, or application of a specific provision any alleged breach of this Agreement, Agreement and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee STEP 1. Within ten (10) working days after the date the event giving rise to the grievance occurs or becomes known, an Employee having a grievance and/or the employee’s Union her/his union delegate or other union representative shall discuss take it up with the employee’s her/his immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is laterdepartment head. The Employer shall respond give its answer to the employee Employee and her/his union delegate or the employee’s Union other representative within five ten (510) working days after the presentation of the grievance in Step step 1.
Step 2 STEP 2. If the grievance is not settled in resolved at Step 1One, the grievance may, shall be reduced to writing and presented to the Administrator or designee within five ten (510) working days after the response answer in Step 1, . A grievance shall be presented in this Step to the Administrator or her/ his designee. The parties shall hold a grievance meeting within thirty (30) days of the presentation of the grievance at Step 2. When grievances are presented in Step 2, they The Employer shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of answer the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five ten (510) working days after the grievance meeting. If the meeting to discuss does not take place within thirty (30) days, then the grievanceemployer will consider the grievance resolved.
Step 3 STEP 3. If the grievance is not settled in Step 2, the grievance may, within five ten (510) working days after the response answer in Step 2, be presented by the grievant and/or Union representative in Step 33 to the Administrator or designee. The A grievance shall be presented heard in this step to Step by the Director of Employee/Labor Relations and Workforce Compliance Corporate Human Resources Department or his or her designee. The Union may, upon submission of parties shall hold a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution meeting within thirty (30) days of the grievance. A settlement conference shall be granted as presentation of right. It is agreed that either party may or may not present witnesses the grievance at the discretion of either party during the settlement conferenceStep 2. The settlement conference Employer shall be held answer the grievance in writing within ten (10) working days of submission of after the grievance at Step 3meeting. The Employer shall respond in writing If the meeting does not take place within five thirty (530) working days after days, then the date of employer will consider the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsresolved.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. 20.2 Failure on the part of the Employer to respond to answer a grievance at any step Step shall not be deemed a denial thereofacquiescence thereto, and the Union may proceed to the next stepStep. Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step 2 in the first instance, within the time limit specified in Article 19.
SECTION 520.3 Without waiving its statutory or other rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing addressed to the Union at its offices.
20.4 All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and holidays. The parties may extend the time limitations referenced in this Article by mutual written agreement.
20.5 A Grievance shall be deemed final and automatically closed unless a timely grievance is filed in accordance with this article. Any disposition of a grievance from which no timely appeal has been is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. 20.6 A grievance which affects two a substantial number or class of Employees must be reduced to writing and filed within ten (210) or more divisionsdays of the event giving rise to the grievance. Grievances of this nature, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settleif timely, may initially be presented at Step 3 2 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance 22.1 The purpose of this Article is to establish a dispute between procedure for the Employer and the Union and/or the employees concerning settlement of grievances which involve the interpretation or and application of a specific provision of this Agreement, . Management will provide copies of grievance answers to the appropriate Union ▇▇▇▇▇▇▇ and such grievances to the chief shop ▇▇▇▇▇▇▇.
22.2 No grievance shall be processed and disposed of in considered under the following manner:
Step 1 An employee having a grievance and/or procedure unless it is presented within fourteen (14) days after the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge circumstances giving rise to the grievance, whichever is later. The Employer shall respond to the employee grievance first occurred or the employee’s Union representative within five fourteen (514) working days after the presentation date when the grievant reasonably should have known the grievance exists. A grievance must be referred to the next step without unreasonable delay or the grievance will be considered settled on the basis of the last answer given. If a grievance is once settled in Step 1any of the following steps, it shall be considered closed and shall not thereafter be subject to the grievance procedure or to arbitration.
Step 2 1. The aggrieved employee shall first present the grievance to the immediate supervisor. A Union representative may be present at this meeting.
Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they it shall be reduced to writing, writing and signed by the grievant and/or aggrieved employee and the Union representative representative. The employee's immediate supervisor shall add an answer in writing and presented by send the grievant and/or the Union representative grievance to the Director Department Head. Within one week after receiving the written grievance, the Department Head shall confer with the Business Representative of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary actionUnion, after which a meeting to discuss the merits of the grievance an answer in writing shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievancegiven.
Step 3 3. If the grievance is not settled in Step 2, the grievance it may, within five (5) working days after at the response in Step 2, be presented by the grievant and/or written request of Union representative in Step 3. The grievance shall be presented in this step to the Director of EmployeeLabor and Employee Relations or his/her designees, be considered at a meeting of the Director of Labor and Employee Relations or his/her designees and Workforce Compliance Department the Business Representative of the Union or his his/her designees, to be held within one week after receipt of such written request. After such meeting, the Director of Labor and Employee Relations or his/her designees shall give an answer in writing to the business representative within fifteen (15) days.
22.3 If the nature of the grievance is such that it cannot be processed in Step 1 or 2, such grievance may be initiated in Step 3 by written request set forth the grievance by the Business Representative of the Union to the Director Labor and Employee Relations or his/her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreementthe preceding paragraph will then be followed.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1No employee shall leave his job or work place because of an alleged grievance but shall continue to work until a final decision has been given on his grievance under the following procedure by which decision he shall be bound. A grievance is or dispute which any employee or group of employees may wish to discuss with the Company shall be handled as follows: The employee accompanied by a dispute between Union Representative shall sub- mit the Employer and grievance in writing to his ▇▇▇▇▇▇▇ not later than the employee’s fourth working day after its occurrence. The employee shall have the opportunity of discussing his or grievance with his ▇▇▇▇▇▇▇ before submitting it in writing. The ▇▇▇▇▇▇▇ shall be required to give the employee his reply immediately. Should the ▇▇▇▇▇▇▇ fail to give his decision within two (2) work- ing days or should the employee refuse such decision, the Union and/or may forward the employees concerning grievance in writing to Step within a further three (3) working days to the Plant Manager for his decision. The Plant Manager shall give his decision within two (2) days and should the employee refuse such decision, the Union may forward the grievance in writing to the Director of Human Resources or his designate for consideration by the grievance com- mittee at its next meeting. The National Union Representative shall have the right to attend the grievance meeting at Step of the grievance procedure. All policy, discharge and Company griev- ances shall be submitted directly to Step Any grievance involving the interpretation or application of a specific provision alleged violation of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever Agreement which is later. The Employer shall respond to the employee or the employee’s Union representative not settled within five (5) working days after the presentation delivery of the grievance in Step 1.
Step 2 If writing to the grievance is not settled Director of Human Resources or his designate may be referred to arbitration by the Union within a further thirty (30) days. The time limits specified in Step 1this Article may be extended by mutu- al agreement of both parties. The party desiring to submit a matter to Arbitration shall deliver to the other party a notice in writing of intention to arbitrate. Within ten (10) days after the date of delivery of the said notice of intention, the grievance mayparty initiating shall notify the other party of the name of its representative on the Arbitration Board and the other party shall appoint its representative within ten (10) days of receipt of this notification. Step In the event that either party shall fail to appoint a representative to the Arbitration Board within the delay provided, the other party may request the Minister of Labour of the Province of Ontario to appoint a representative on behalf to the defaulting party. When the representatives have been appointed they shall meet forthwith to choose a chairman who with the two representatives, shall constitute the Arbitration Board. Should the representative fail within five (5) working days to agree on a chairman, the Minister of Labour of the Province of Ontario may be requested by the representatives or by either of them to appoint a person who shall be chairman of the Arbitration Board. The parties may agree to a single arbitrator. After the Arbitration Board has been formed by the foregoing pro- cedure, it shall meet and hear the evidence and representations of both parties and shall render a decision within fifteen (15) days after the response in Step 1, be presented in Step 2completion thereof. When grievances are presented in Step 2, they The decision of the majority of the Arbitration Board on the matter at issue shall be reduced to writing, signed by final and binding on both parties but the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits jurisdic- tion of the grievance Arbitration Board shall be held limited to deciding the mat- ter at issue within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution meaning of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific existing provision of the agreement which is claimed; and
E. Signature Agreement and in no event shall the Arbitration Board have the power to add to, subtract from, alter or amend this Agreement in any respect. Step Each party shall pay its own arbitration costs, including the fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above chairman shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure shared equally by the Employer must contain the reasons for the rejectionparties.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Labour Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision 12.1 The purpose of this Agreement, and such grievances shall be processed and disposed Article is to establish a procedure for the settlement of in the following manner:all grievances.
Step 1 An 12.2 Any employee having a grievance and/or shall first take the employee’s Union representative shall matter up with his/her committeeperson who will discuss it said complaint with the employee’s immediate supervisor or whichever management person made concerned (step 1). If the grievable complaint is not satisfactorily resolved within twenty-four (24) hours, the committeeperson will then submit the grievance in writing, on a form to be supplied by the Company to the supervisor (step 2). The supervisor shall give his/her decision in writing to the committeeperson within five (5) working days of the occurrence or knowledge giving rise receipt of the grievance. Should the union be dissatisfied with the supervisor's decision the Union may refer the grievance to a meeting of the plant committee and representatives of the Company (step 3), who shall meet within five working (5) days of the request for such meeting. The Unions’ National Representative and/or President of the local union may be in attendance at this meeting.
12.3 The Company's decision relating to the grievancegrievance shall be in writing and, whichever is later. The Employer if not rendered during the conference, shall respond be rendered to the employee or Chairperson of the employee’s Union representative Committee within five (5) working days after the presentation holding of the conference.
12.4 If the Company's decision is not satisfactory to the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after the Company's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after
12.5 A grievance filed over a suspension, discharge or Company grievance shall commence at Step 3 of the grievance procedure as provided in Step 1.
Step 2 If the Article 12.02. The right to file a grievance is not settled in Step 1, the shall be deemed to be waived if no grievance may, has been presented within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. aforesaid dismissal or discharge.
12.6 The grievance in Step 2 shall be answered by the Employer in writing within five (5) term working days after the meeting to discuss the grievance.
Step 3 If when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. Time constraints in the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance procedure shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may only be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsagreement.
SECTION 2. Any grievance shall be void which is not presented for disposition through the 12.7 The grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance outlined in this Agreement shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond apply equally to a grievance at any step lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be deemed a denial thereof, and supplied by the Union may proceed to the next stepCompany.
SECTION 512.8 Each of the Parties hereto will bear its own expense with respect to any arbitration proceedings. Any disposition The Parties hereto will bear equally the expenses of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and arbitrator.
12.9 The arbitrator shall not thereafter be considered subject have any power to alter or change any of the grievance provisions of the Agreement or to substitute any new provisions for any existing provisions, or to give any decision inconsistent with the terms and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 111:01 The employer and the Union agree that grievances shall be settled promptly. A grievance is Should a dispute or a grievance arise between the Employer and the Union and/or employee regarding the employees concerning the interpretation or application of a specific provision of interpretation, meaning, operationor applicationof this Agreement, and including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such grievances dispute or grievance or question shall be processed and disposed of dealt with in the following manner:
Step 1 1: An employee or employees having a grievance and/or or complaint shall first present the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise same in writing to the grievance, whichever is later. their Committee Person.
Step 2: The Employer shall respond to the employee or the employees concerned together with their Committee Person or Chairperson shall, within such employee’s Union representative within 's next five (5) working days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the situation giving rise to the grievance to their immediate supervisor who shall reply in writing within seven (7) calendar days immediately following presentation of such grievance or complaint. In the case of grievances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first instance at the Step 14 level.
Step 2 If 3: Failing settlement under Step 2, the grievor shall, within seven (7) calendar days following receipt of the supervisors's decision, refer the grievance is not settled or complaint in writing to the appropriate administrative director or academic ▇▇▇▇. The administrative director or academic ▇▇▇▇ shall render a decision in writing within seven (7) calendar days.
Step 14: Failing settlement under Step 3, the grievor shall, within seven (7) calendar days following receipt of the decision of the administrative director or academic ▇▇▇▇, refer the grievance or complaint in writing to the Employee Relations Manager who shall render a decision in writing within seven (7) calendar days. The Employee Relations Manager may call a meeting with the Union Grievance Committee to discuss the grievance or complaint. At such meeting the grievor and their supervisor shall be in attendance.
Step 5: Failing settlement under Step 4, the grievance mayor complaint may be referred to arbitration within seven (7) calendar days following receipt of the decision of the Employee Relations Manager.
11:02 Where a dispute between the parties involving a question of general policy occurs, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they difference between the parti es shall be reduced to writingwriting citing the alleged violations and the particulars of the situation giving rise to the grievance and, in the case of a Union grievance, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designeePresident, Vice-President, or with whomever is his appointee. In the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which case of a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer it shall be signed by the Employee Relations Manager. Failing settlement of such disputes, it is understood that same may be carried through Step 4 of the Grievance Procedures, including arbitration of the final and binding settlement.
11:03 The Employer shall grant sufficient time to the Chairperson and/or Committee Person for the adjustment of grievances without loss of salary. The Chairperson and/or Committee Person shall notify their immediate supervisor whenleaving their job to adjust a grievance and upon their return to work. In the event the department is unduly interfered with, a mutually agreed upon time will be taken within 24 hours.
11:04 All replies to grievances shall be in writing at all stages and copies of such replies from the Employer shall be forwarded by the Employer to the President of the Union and the Chairperson within five (5) working days after the meeting to discuss the grievancetime limits as specified above.
Step 3 If 11:05 The Grievance Committee of the grievance is not settled in Step 2Union hereinbefore referred to shall be comprised of the President of the Union and/or their appointee, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations Chairperson and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of righttwo other Committee Person. It is agreed that either party may or may not present witnesses at least one member of the discretion of either party during the settlement conference. The settlement conference Grievance Committee shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after Committee Person representing the date of the settlement conference or submission, if no settlement conference is requested. The grievor.
11:06 Any and all time limits for the submission of a grievance by the employee/Union representativemay, the setting of a settlement conferenceat any time, or the Employer’s response may be extended by written mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsboth parties.
SECTION 2. Any grievance 11:07 The grievor shall be void which is not presented for disposition through suffer no loss of pay if any meetings required in the grievance procedure described herein within ten (10) Article are held during the grievor's regular working days of the occurrence or condition which it is claimed gave rise to the grievancehours.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. 11:08 The parties acknowledge that as agree to meet on a principle of interpretation, employees are obligated monthly basis to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7discuss any outstanding grievance(s) shall also be excluded from the prior to any grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject proceeding to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer Employee grievances and the Union and/or the employees disputes concerning the interpretation or and application of a specific provision of this Agreement, and such grievances or any Agreement made supplementary hereto, shall be processed and disposed of settled in accordance with the following mannerprocedure:
Step 1 An 1. The ▇▇▇▇▇▇▇ and the employee having a shall take up the grievance and/or the employee’s Union representative shall discuss it or dispute with the employee’s immediate supervisor or whichever management person made the grievable decision EMA Coordinator within five (5) working days of the occurrence date of the grievance or the date when he/she first should have had knowledge giving rise to the grievance, whichever is laterof its occurrence. The Employer shall Coordinator will attempt to resolve the matter and will, in any event, respond to the employee or and his/her ▇▇▇▇▇▇▇ in writing within three (3) working days.
Step 2. If the employeeanswer is not satisfactory, the ▇▇▇▇▇▇▇ shall so advise the Employer’s Union representative designated Human Resources Director in writing within three (3) working days after the response of the EMA Coordinator was due. The matter shall then be considered at the next Grievance Committee meeting. The Employer’s final decision on the grievance will be presented in writing to the Grievance Committee chairperson within five (5) working days after the presentation close of such Grievance Committee meeting, with copy to the grievance in Step 1Local’s Union President.
Step 2 3. If the grievance is not settled in Step 1still unresolved, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days after the response of submission the designated representative of the Employer is due make written request for arbitration. The Union’s International Union Representative may attend and participate in all matters pertaining to the grievance at Step 32 and beyond. The arbitration procedure may only be invoked with the approval of the Union, and in the case of an employee grievance, only with the approval of the employee. Within five (5) work days from the date of receipt of the written request for arbitration, the Employer and the Union shall meet and either mutually agree upon an arbitrator or jointly petition the Public Employment Relations Board or the Federal Mediation and Conciliation Service to submit a list of five (5) arbitrators, all of whom shall be members of the National Academy of Arbitrators, from which one (1) arbitrator shall be selected to hear and decide the grievance. The Employer and the Union shall respond in writing meet within five (5) working work days after from the 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, the Union and the Employer may mutually agree that the list of proposed arbitrators submitted is unacceptable and will thereafter jointly petition the Public Employment Relations Board or the Federal Mediation and Conciliation Service for a new list of five (5) arbitrators. The party making the first strike shall be decided by the flip of a coin. The arbitrator shall conduct a hearing on the grievance within a reasonable time and shall be empowered to rule on all disputes concerning the interpretation and application of this Agreement. However, he/she shall have no power to change or amend the terms, conditions of application of this Agreement or any other Agreement made supplementary hereto. The decision reached by the arbitrator shall be final and binding upon the parties. Unless otherwise agreed to by the Employer and the Union, the decision of the arbitrator and the findings upon which it is based shall be in writing and the copies thereof presented to each party within thirty (30) days from the date the hearing terminates. Each party shall have equal time to present its case but no hearing shall extend beyond five (5) work days unless agreed to by the parties. The party initially requesting arbitration shall present its case first. Each party shall bear all the expense incurred in the presentation of its case, and both parties shall equally share the expense of the settlement conference or submission, if no settlement conference is requestedarbitrator and other incidental and necessary expenses involved. The time limits for the submission of a grievance Employees will not be paid by the employee/Employer for time spent on arbitration or related activities.
2. No meetings related to union activity shall be called for or held during working hours.
3. It shall be the duty and responsibility of the Union representative, the setting Union Grievance Committee and the Stewards to make every effort to encourage employees to settle all grievances through the established grievance procedure without any interference with the performance of a settlement conference, or the Employer’s response services except to the extent provided for under the grievance procedure. The procedures set forth herein shall constitute the sole and exclusive method for the determination, decision, adjustment or settlement between the parties of any and all grievances and shall constitute the sole and exclusive remedy, except as may be extended otherwise provided by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepslaw.
SECTION 24. Any grievance No dispute concerning an entire job classification and rate therefore shall be void which is not presented subject to a grievance or arbitration unless during the period of this Agreement the Employer materially changes the job duties of an existing job, creates a new job classification or changes the rate of pay for disposition through any existing job classification.
5. An employee may use the grievance procedure described herein within ten (10) working days of to challenge whether he/she is properly classified.
6. Grievances must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the occurrence or condition date on which it is claimed gave rise the grievance was first presented to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4supervisor. Failure on the part of the Employer Union or an employee to respond to make a grievance at any step shall be deemed a denial thereoftimely filing or appeal under this ARTICLE, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer except for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representativegood cause, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as constitute a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 settlement of the grievance procedurein accordance with the requested remedy. However, but in no case shall not such a settlement establish a precedent or be subject to arbitrationused in any way by any party in any future proceeding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of Any employee in the following manner:City Service shall have the right to grieve any action as defined in Rule XIV, Section 2., C, “Definition of Grievance.”
Step 1 An 1: The employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate inform his/her supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence grievance and relevant facts within fifteen (15) calendar days after the employee knew, or knowledge in the exercise of reasonable diligence should have known, of the events giving rise to the grievance, whichever is later. The Employer Failure to complete this procedure shall respond to bar further consideration of the employee or grievance. At least one conference shall be held between the employee’s Union representative , his/her union representative, and his/her immediate supervisor within five seven (57) working calendar days after the presentation employee has experienced the grievance. The immediate supervisor shall advise the employee of his/her decision within seven (7) calendar days following the grievance in Step 1.
Step 2 conference. If the grievance is not settled resolved by the conference, the employee may proceed to Step 2. If the immediate supervisor is not available during the seven (7) calendar day period, the employee should meet with the next level of supervision.
Step 2: In the event the grievance is not resolved in Step 1, the employee and his/her union representative shall put the grievance in writing and submit copies to his/her immediate supervisor, department head, and the Personnel Officer, not later than seven (7) calendar days. All parties willing, a conference time may be mutually agreed upon to explore the matter further within seven (7) calendar days of receipt of the written decision. At this conference, both parties may be accompanied by a representative.
Step 3: Should the matter remain unresolved, the grievance may be submitted within seven (7) calendar days after written receipt of the department head’s decision to the Personnel Officer.
Step 4: Upon receiving the grievance, the Personnel Officer or his/her designated representative shall discuss the grievance with the employee, his/her union representative, and all other appropriate persons. The Personnel Officer may appoint a fact-finding committee or an officer, not in the normal line of supervision, to investigate and advise him concerning the grievance. The Personnel Officer shall render a decision in writing to the employee within fifteen (15) calendar days after receiving the grievance.
Step 5: In the event the Grievant or the Association is not satisfied with the result at Step 4, it may, within five fifteen (15) calendar days of completion of the Step 4 proceedings, submit the grievance to advisory arbitration. The arbitration proceedings shall follow the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association. If the grievant is satisfied with the result at Step 4, or another prior level, the Union (Association) is barred from instituting the arbitration procedures under this Agreement. If the parties do not agree on a particular arbitrator, the parties shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Services who are familiar with City Government. The parties shall alternately strike names until only one name remains. The order of striking shall be determined by a toss of a coin. The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted for arbitration. The arbitrator shall not determine any other issue(s) to the extent that the language of the Memorandum of Understanding is the same as the language of the statutory or regulatory provision. The arbitrator shall not apply an interpretation to the Memorandum of Understanding that is different from the meaning of the statutory regulatory language, in the absence of clear bargaining history indicating that a different meaning was mutually intended. The arbitrator shall have no power or authority to hear cases challenging any of the following:
1. The termination of services or failure to re-employ a probationary employee.
2. The placement of an employee on probationary status.
3. The termination of services or failure to re-employ any employee in a position for which extra compensation is received.
4. The contents of the employee’s evaluation.
5) working days . The City’s promulgation of rules, policies.
6. A decision, action, or inaction of the City if such is required by state and federal regulatory body or court.
7. Any grievance occurring before the effective date of this Agreement or after the response in Step 1expiration of the Agreement. The arbitrator shall, be presented in Step 2. When grievances are presented in Step 2as soon as possible, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which have a meeting to discuss hearing on the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered and render a written decision on the precise issue or issues submitted to the arbitration by the Employer in writing within five (5) working days after parties.
1. If the meeting parties cannot agree upon a submission agreement, the arbitrator shall determine the issues for the parties by referring to discuss the written grievance and the answers thereto at each step of the grievance.
Step 3 If 2. Where the grievance is not settled in Step 2City has made a judgment involving the exercise of discretion, the grievance may, within five (5) working days after arbitrator shall review such decision solely to determine whether the response in Step 2, be presented by decision has violated the grievant and/or Union representative in Step Agreement and shall not substitute the arbitrator’s judgment for that of the City.
3. The grievance arbitrator shall be presented in this step not issue statements of opinion or conclusions not essential to the Director determination of Employee/Labor Relations the precise issue(s) submitted to arbitration.
4. Where there is an issue of arbitrability, the arbitrator shall hear the matter and Workforce Compliance Department or his or her designee. The Union may, upon submission of render a grievance in Step 3, request a settlement conference decision for the purpose parties before hearing the merits of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 35. Upon being The arbitrator shall not add to, subtract from, amend, modify, or alter any provisions or procedures contained in this Memorandum or Understanding.
6. The arbitrator’s advisory award may include restitution, financial reimbursement or other proper remedy.
7. The award of the arbitrator will be submitted to Step 2 the parties in writing and will set forth the findings of fact, reasoning, and conclusions on the precise issues submitted. The decision shall be rendered within thirty (30) calendar days to the City and the Association following the submission of closing briefs, unless mutually agreed otherwise by the parties to this Memorandum of Understanding and the arbitrator during the arbitration proceeding.
8. The decision of the Grievance Procedurearbitrator shall be advisory upon the parties and shall be reviewed by both parties. Each party shall be responsible for the cost of presenting its own case to the arbitrator. The costs for the services of the arbitrator, including per diem expenses, if any, travel and subsistence expenses, the grievance shall cost of a hearing room and any transcript costs will be reduced to writing. The written grievance must set forth all of equally shared between the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completedparties. All Employer responses required in Steps 1, 2 and 3 above shall other costs will be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure borne by the Employer must contain the reasons for the rejectionparty incurring them.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Memorandum of Understanding
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such All grievances shall be processed and disposed settled in accordance with the following procedure. However, upon mutual agreement of the parties, any step in the following manner:procedure may be waived. For purposes of this Article, "working days" is defined as the days when the appropriate Human Resources office is open.
Step 1 An employee having 1. The Union ▇▇▇▇▇▇▇ shall present a written request for a step one grievance and/or to the appropriate supervisor no later than thirty (30) calendar days from the date the employee’s Union representative shall discuss it with , through the employee’s immediate supervisor use of reasonable diligence had or whichever management person made the grievable decision within five (5) working days should have had, knowledge of the occurrence or knowledge event(s) giving rise to the grievance, whichever is later. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The Employer supervisor, employee(s) and Union ▇▇▇▇▇▇▇ shall attempt to resolve the matter. The supervisor shall respond to the employee or grievant with a copy to the employee’s Union representative ▇▇▇▇▇▇▇ within five fourteen (514) working calendar days after following the presentation of meeting. If the grievance in remains unresolved, the Union may submit it to Step 1Two.
Step 2 2. If the grievance is has not settled been settled, it shall be submitted in Step 1writing, stating the nature of the grievance, the specific provisions(s) of the Agreement in question, the alleged facts upon which the grievance mayis based, and the relief requested to the appropriate Human Resources Department within five fourteen (514) working calendar days after of the response in Step 1date on which the first step answer was given or was due. Within fourteen (14) calendar days following receipt of the written grievance an appropriate Human Resources Department head, be presented in Step 2. When grievances are presented in Step 2or his/her designee, they shall be reduced to writing, signed by the grievant and/or and the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting ▇▇▇▇▇▇▇ will meet to discuss the grievance.
Step 3 If . Others who may attend are the grievance is not settled in Step 2aggrieved employee's immediate supervisor, and the aggrieved employee, the grievance may, within five (5) working days after Local Union President or the response in Step 2, be presented by the grievant and/or Union representative in Step 3Chief ▇▇▇▇▇▇▇. The grievance department head, or his/her designee shall be presented in this step attempt to resolve the Director of Employee/Labor Relations matter and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievanceUnion ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. 78.1 A grievance is a shall be defined as any difference or dispute between the Employer Company and the Union and/or regarding the employees concerning the interpretation interpretation, application or application of a specific provision administration of this Agreement, and such .
78.2 All grievances shall be processed created and disposed administered using the automated Grievance Tracker System. Such system will be administered by the Company and will provide a mechanism for the parties to resolve grievances in accordance with the procedures set out below.
78.3 Both parties agree the Grievance Tracker System may not be a comprehensive record of in the following manner:grievance and will not be used to limit the grounds the Union can argue. Every effort will be made to communicate the details of the grievance.
Step 1 An employee having 78.4 Employees who have a grievance and/or shall first take the employee’s Union representative shall discuss it matter up with the employee’s immediate supervisor their Supervisor or whichever management person made the grievable decision Manager within five (5) working days of the occurrence time when the cause of the complaint occurred, failing which the ▇▇▇▇▇▇▇ or knowledge giving rise Committee Person must discuss the grievance with the Company's designated representative or the Manager in the employee's area before the grievance is created. Step 2
78.5 If the grievance is not satisfactorily resolved within four (4) working days after the above discussions have occurred, the grievance may then be taken up in the following manner utilizing the Grievance Tracker System:
78.6 The Department Head or designate, shall convene a meeting with the applicable Committee Person within five (5) working days after receipt of the grievance. The Department Head or designate, shall respond with a decision to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative applicable Committee Person within five (5) working days after the presentation meeting.
78.7 If the decision of the grievance in Step 1.
Department Head at Step 2 If the grievance is not settled in Step 1satisfactory to the Union, the grievance mayUnion may appeal the decision of the Department Head to the applicable Human Resources Manager or designate, within five (5) working days after the response in Step 1Union has received the decision of the Department Head. The Human Resources Manager or designate, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which convene a meeting to discuss with the merits of the grievance shall be held Local Grievance Coordinator and Chairperson within five (5) working daysdays after receipt of the appeal. The grievance in Step 2 Human Resources Manager or designate, shall be answered by the Employer in writing respond with a decision within five (5) working days after the meeting to discuss the grievance.meeting. Step 4
Step 3 78.8 If the grievance decision of the Human Resources Manager is not settled in Step 2satisfactory to the Union, the grievance mayUnion may appeal the decision of the Human Resources Manager to the Vice President of Human Resources or designate, within five (5) working days after the response in Step 2, be presented by decision of the grievant and/or Union representative in Step 3Human Resources Manager. The grievance Vice President of Human Resources or designate shall be presented in this step to convene a meeting with the Director of Employee/Labor Relations Local Union Representatives and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held Chairperson within ten twenty (1020) working days of submission after receipt of the grievance at Step 3appeal. The Employer National Union Representative (or designate) may attend such meeting. A Human Resource Senior Manager shall respond in writing with a decision to the National Union Representative or designate within five (5) working days after the date meeting. A copy of the settlement conference decision shall be given to the National Union Representative, Local Union Representatives and Chairperson.
78.9 If the decision of the Vice President of Human Resources or submissiondesignate, if no settlement conference is requested. The not satisfactory to the Union and provided the complaint and the grievance have been processed in the manner hereinbefore laid down, within the time limits for the submission of a grievance by the employee/Union representativeprescribed, the setting of a settlement conference, or the Employer’s response grievance may be extended by mutual agreement taken to a Grievance Commissioner, Mediation or directly to Arbitration in writing for no more accordance with the time limits prescribed and in the manner described in Articles 79 – Grievance Commissioner, Article 80 - Mediation and Article 81 - Arbitration herein. Group/Policy Grievance 78.10 A “Group Grievance” may be created where employees have identical grievances. Rather than an additional five (5) working days at file individual grievances, the Union may file a Group Grievance identifying the names of each of the above-referenced steps.
SECTION 2affected employees. Any A group grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to will start at Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a 6.1 Should any dispute arise between the Employer and the employees or between the Employer and the Union and/or as to the employees concerning interpretation, application or alleged violation of any of the interpretation or application of a specific provision provisions of this Collective Agreement, and such grievances an effort shall be processed and disposed of made to settle such difference without undue delay in the following manner:
Step 1 An employee having The employee, who may be accompanied by a grievance and/or Union Committee member will take the employee’s Union representative shall discuss it matter up with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievanceLocation Manager as soon as possible, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within but no later than five (5) working days after the presentation occurrence of the events giving rise to the grievance or after when the occurrence of the events may have reasonably come to the attention of the grievor. Failing settlement of the grievance in Step 1.within three (3) working days thereafter:
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the The employee concerned and his Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party Committee member may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of receiving the settlement conference Location Manager’s answer, present the grievance in writing to the Location Manager who shall give his written reply within five (5) days. If the employee feels that his grievance has not been satisfactorily settled, he may proceed to Step 3.
Step 3 The Union representative and the Union Committee member together with the grievor, shall on behalf of the grievor, present the grievance in writing on a form supplied by the Union to the Area General Manager or submission, if his designate within five (5) days after a decision has been reached at Step 2. They shall discuss the grievance and the Area General Manager or his designate shall send a written reply to the Union no settlement conference is requestedlater than five (5) days after such discussion. The grievor shall be entitled to be present at such discussions. Note: Upon mutual consent, a Provincial Mediator may be requested to resolve grievances after Step 3 and prior to arbitration.
6.2 Time limits specified in the Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated, and may only be modified by mutual agreement, in writing, otherwise each Step must be taken by the party concerned within the time limits for set forth, or the submission grievance shall be deemed to have been abandoned.
6.3 If the grievance is not settled by the reply of the Area General Manger or his designate, then the Union may within twenty (20) working days from the date of receiving the reply of the Area General Manager or his designate at Step 3 refer the grievance to arbitration as hereinafter provided.
6.4 Any grievance arising between the Company and the Union shall be filed with the Area General Manager; a grievance by the employee/Union representative, Employer shall be filed with the setting of a settlement conference, Local Chairperson or the Employer’s response designee.
6.5 A claim by an employee that she has been discharged without just cause may be extended by mutual agreement in writing for no more than an additional filed as a grievance at Step 2 of the grievance procedure within five (5) working days at each after such employee has been given a written notice of termination of employment setting forth the reasons for discharge or within five (5) working days after she ceases to work for the Employer as a result of her discharge, whichever first occurs. Notice of termination of employment as provided for herein shall be given to the employee in every case within three (3) working days of discharge and a copy of same shall be delivered to the Local Chairperson or designee and mailed to the offices of the above-referenced stepsUnion in ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. An employee is deemed to have received such written notice when the Union is in receipt of said notice.
SECTION 2. Any 6.6 The settlement of any grievance shall be void which is not presented for disposition through during the Steps of the grievance procedure described herein shall be deemed to be made without prejudice to the parties.
6.7 Where a decision with respect to a grievance is not rendered by the party opposite in interest within ten the prescribed time limits, it shall proceed to the next step of the procedure up to and including arbitration at the option of the grieving party.
6.8 Warnings shall be given in writing in the presence of a Union Committee member. The Employer and the Union agree that disciplinary penalties shall not be imposed unjustly or unreasonably.
(10a) All warnings must be received within five (5) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3offence. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the Such time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Articleextended by mutual agreement.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is 5.1 Bluewater Power will recognize a dispute between the Employer and the Union and/or the employees concerning the interpretation or application Labour Relations Committee of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within not more than five (5) members from the employees of Bluewater Power.
5.2 The Union shall supply Bluewater Power with a list of members of the Labour Relations Committee to be revised from time to time as changes occur. Bluewater Power shall supply the Union with a list of supervisors under the Department Heads to whom grievances or other relevant matters may be submitted as the occasion may arise, in accordance with the grievance steps outlined below in 5.4.
5.3 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than seven full working days before filing of the grievance. The only exception shall be that if a concerned employee is on vacation, or being paid under provision of the Workers Insurance and Safety Board or drawing sick pay allowance at the time of the incident, he/she shall have three working days commencing from the time he/she returns to work to enter a grievance. However, no grievance will be considered after 30 calendar working days of the occurrence or knowledge circumstance giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 35.4 Grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. Upon being submitted 1 – The aggrieved employee shall present his/her grievance orally or in writing to his/her immediate supervisor or ▇▇▇▇▇▇▇. If a settlement satisfactory to the employee concerned is not reached within three full working days (or a longer period which may be mutually agreed upon by the parties to this Agreement) the grievance may be presented as follows at any time within three full working days thereafter. Step No. 2 – The aggrieved employee may present his/her grievance in writing to the Labour Relations Committee of the Grievance Procedure, Union who shall investigate the matter and decide whether the grievance has merits. If the Labour Relations Committee decides the aggrieved employee’s case has merits they may present the grievance as follows within three full working days after its submission to the Labour Relations Committee. Step No. 3 – The Labour Relations Committee may present the grievance in writing to the Department Head who shall be reduced to writing. The written grievance must set forth all consider it in the presence of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereofperson or persons presenting same, and the Union may proceed immediate supervisor or ▇▇▇▇▇▇▇, and render his/her decision in writing. Should no settlement satisfactory to the employee be reached within three full working days, the next stepstep in the grievance procedure may be taken any time within three full working days thereafter. Step No. 4 – The Labour Relations Committee may submit the employee’s grievance in writing to the President & CEO who shall render his/her decision in writing to the Labour Relations Committee, within seven full working days.
SECTION 5. 5.5 Any disposition matter or question arising between Bluewater Power and the Union as a whole, regarding the administration, interpretation or alleged violation of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions any provision of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights Agreement may be presented initially at Step 3 submitted in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays writing by either party as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.Step
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1Section 16.1. A grievance is hereby defined as a dispute or controversy regarding the interpretation of or application of this Agreement. Any grievance arising between the Employer Company and the Union and/or or employee(s) represented by the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances Union shall be processed and disposed of settled in the following manner:.
Step 1 1. An employee or his committeeman having a complaint or grievance and/or the employee’s Union representative under this Agreement shall discuss it the grievance with the employeeImmediate Supervisor within ten (10) calendar days, or as soon as the employee had knowledge of the grievance or complaint, or else further processing is prohibited.
Step 2. If the matter is not resolved by the Investigator/Day Shift Captain by the next business day (excludes Saturdays, Sunday, and Holidays); after the Step 1 meeting, then the complaint or grievance shall be reduced to writing and submitted to the Investigator/Day Shift Captain or his designee within, seven (7) calendar days after the Investigator/Day Shift Captain’s immediate supervisor or whichever management person made response or, if no response, the grievable decision within date such response was due. Within five (5) working calendar days from the receipt of such written grievance or complaint, the occurrence Investigator/Day Shift Captain or knowledge giving rise his designee shall submit his answer in writing to the aggrieved employee and the committeeman. In reducing the grievance to writing, the following information shall be stated with reasonable clearness: The exact nature of the grievance, whichever is later. The Employer shall respond to the act or acts complained of, by whom, and when they occurred, the identity of the employee or employees who claimed to be aggrieved, the employee’s Union representative within five (5) working days after provisions, if any, of this Agreement that the presentation of employee or employees claim the grievance in Step 1Company has violated, and the remedy sought.
Step 2 3. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented resolved in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of may appeal the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by notifying the Employer Project Manager or his designee in writing within five (5) working calendar days after the Union receives the written answer from the Company in Step 2: Within ten (10) calendar days of such appeal, a meeting to discuss will be held between the grievance.
Step 3 If Union’s designated representatives and such management representatives as the Company may designate. In the event the grievance is not settled in resolved at the Step 23 meeting, the Company representative will give a written answer to the grievance may, within five (5) working calendar days after from the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution date of the grievanceStep 3 meeting.
Step 4. A settlement conference shall be granted as If the grievance has been processed in accordance with the requirements of right. It is agreed that either party the aforesaid paragraphs and remains unsettled, the Union may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held proceed to arbitration within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date receipt of the Company’s answer in Step 3 above, in accordance with Article 17.
Section 16.2. No settlement conference of any grievance shall be deemed a precedent or submission, if no settlement conference admissible in any arbitration proceeding.
Section 16.3. It is requested. The a specific condition precedent to the processing of grievances that the time limits for the submission of a grievance specified herein shall be strictly complied with and are jurisdictional unless waived mutually by the employee/Union representativeand the Company. Therefore, any grievance not originated and processed by the setting Union within the time limits and manner provided herein shall be considered settled on the basis of a settlement conferencethe decision which was not appealed by the Union, and the matter closed and final and on all parties and thereafter that particular grievance shall not be presented for consideration or more the basis for any character of action or proceeding by any employee or the Employer’s response Union under the Agreement or otherwise.
Section 16.4. For the purposes of this Article and Article 17, holidays recognized under this contract shall be excluded computing time period.
Section 16.5. Time limits set forth in this Article may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of between the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence Project Manager or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, his designated representative and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension President or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union his designated representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Tri-S Security Corp)
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute defined as any complaint or difference between the Employer and Parties arising from the Union and/or interpretation, application, administration or alleged contravention of the employees concerning the interpretation or application of a specific provision of this Collective Agreement, and such grievances shall be processed and disposed of in the following manner:.
Step 1 The employee will bring the issue forward to his or her exempt supervisor within seven (7) working days of first becoming aware of the complaint or difference. The employee may be assisted by a Union representative. An employee having informal discussion will take place and the exempt supervisor will provide a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision response within five (5) working days of the occurrence or knowledge giving rise discussion. Grievances not resolved at Step 1 may be referred to the grievance, whichever is laterCentral Grievance Committee. The Central Grievance Committee will be comprised of up to four (4) representatives of the Employer shall respond and two (2) representatives of each CUPE Local. Each Party (Employer, CUPE 399, CUPE 1048) will choose a Central Grievance Committee Chairperson. The Central Grievance Committee will meet once each month at a predetermined time. Any Party wishing to advance a grievance to Step 2 will refer the issue in writing to the employee or the employee’s Union representative other Parties within five seven (57) working days after of receiving a Step 1 response. The written referral will contain enough detail so that the presentation other Parties will know what issues(s) are involved in the complaint and what the referring Party seeks as redress. The referring Party will also state with whom and when the Step 1 meeting occurred. The Central Grievance Committee will discuss all the grievances which were referred to it prior to the day of the grievance in Step 1.
Step 2 If meeting and attempt to resolve them. A written response to the grievance is not settled in Step 1, grievances will be provided to the grievance may, other Parties within five ten (510) working days after of the response meeting. If required, in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative addition to the Director regularly scheduled meetings, special meetings of Nursing/Administrator all or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits part of the grievance shall Central Grievance Committee may be held within five (5) working daysto follow up on outstanding issues. The grievance in Grievances not resolved at Step 2 shall may be answered by referred to the Employer City Manager. Any Party wishing to advance a grievance to Step 3 will refer the issue in writing within five (5) working days after of receiving a Step 2 response. A meeting with the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, City Manager will occur within five (5) working days after of the referral and a written response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall will be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing provided within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requestedconclusion of Step 3. The time limits for the submission of a A grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response not settled at Step 3 may be extended by mutual agreement in writing for no more than an additional referred to Arbitration within five (5) working days at each of receipt of the above-referenced steps.
SECTION 2City Manager’s decision. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and Such referral will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing and will be directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionCity Manager or his/her designate.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1Step One - Any employee who feels he has a grievance shall first submit the grievance to the ▇▇▇▇▇▇▇ in writing within three (3) working days, on forms to be supplied by the Company through his Committeeperson, and a bona fide effort will be made to settle the grievance at this step of the procedure. A If the grievance is a dispute between satisfactorily adjusted the Employer fact shall be noted in writing on all copies of the forms and signed by the supervisor and the Union and/or Committeeperson. Step Two - If the employees concerning alleged grievance is not satisfactory settled by the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in supervisor by the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days end of the occurrence or knowledge giving rise to work day following receipt of the grievance, whichever is laterthe grievance shall be placed upon an agenda to be prepared by the bargaining committee for consideration at the conference next following between management and the committee. Step Three - Regular meetings may be held every second week on a day mutually agreed upon between management and the plant union committee, at which time all grievance differences unsettled at that time may be discussed. However, matters pertaining to discharge or other matters which cannot be reasonably delayed, may be presented at any time. The Employer Union will submit its agenda concerning certain items to be discussed at least twenty-four (24) hours before the time of the meeting. The Company agrees to furnish the Union plant committee with minutes it prepared of regular meetings between the Union and management's decision on appeals taken up at a conference shall respond be on type written form and shall be rendered to the employee or chairperson of the employee’s Union representative within five bargaining committee not later than two (52) working days after the presentation holding of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, conference. Grievances of a contentious nature will be answered separately within five twenty-four (524) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits hours of the grievance shall be held within five (5) working days. The grievance request in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall President of Local 251 UAW and/or the International Representative thereof, designated from time to time by the Union for the purpose, may be held within present and take part in such conferences. Either the Union or the Company may call in specialists at any time. Step Four - Where a difference arises between the parties relating to interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of its desire to submit the difference or allegation to arbitration. Within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after from the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each receipt of the above-referenced stepsnotice of appeal, grievances appealed to arbitration will be presented to the arbitrators hereinafter described who will act in rotation in the order that their names appear.
SECTION 2. Any grievance shall be void which is not presented for disposition through 1) The following constitutes the grievance procedure described herein within ten (10) working days list and the rotation of the occurrence or condition which it is claimed gave rise to the grievancearbitrators.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:i) ▇▇▇▇ ▇▇▇▇▇▇
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2ii) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.▇▇▇▇▇ ▇▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is shall be defined as a dispute between the Employer and the Union and/or the employees concerning regarding the interpretation or application of a specific provision the terms of this Agreement, .
2. A grievance may be initiated by an individual House Staff Officer and/or by the Union and such grievances shall be processed undertaken pursuant to a two-step grievance and disposed of in the following mannerarbitration procedure as follows:
Step 1 An employee having a grievance 1: The House Staff Officer and/or the employeeUnion shall submit the grievance, in writing, to the grievant’s Union representative shall discuss it with Department Director within twenty-one (21) calendar days after the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge fact giving rise to the grievance, whichever is latergrievance have become known or should have become known to the affected party. The Employer Department Director shall respond give his/her answer in writing to the employee or the employee’s grievant and/or Union representative within five ten (510) working calendar days after the presentation of the grievance in Step 1.
Step 2 2: If the a grievance is not settled in satisfactorily resolved at Step 1, the grievance may, within five (5) working days after the response it may be appealed in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative writing to the Director Vice President of NursingHuman Resources or his/Administrator or her designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working calendar days of submission of after the grievance at answer on Step 31. The Employer Vice President of Human Resources or his/her designee shall make his/her best effort to respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working calendar days of receipt by him/her, but in any event s/he will respond within fourteen (14) calendar days.
Step 3: Should a grievance not be satisfactorily resolved at Step 2 the occurrence or condition which it is claimed gave rise Union may, within fourteen (14) calendar days after receipt of the answer in Step 2, submit the dispute to arbitration pursuant to the grievanceVoluntary Labor Arbitration Rules of the American Arbitration Association.
SECTION 3. Upon being submitted to Grievances involving more than one HSO may be filed directly at Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection2.
SECTION 4. Failure on the part of the Employer to respond to answer a grievance at any step Step shall be deemed a denial thereofof the grievance and not acquiescence thereto, and the Union grievance may proceed be submitted to the next stepStep.
SECTION 5. Any disposition The fees and expenses of a grievance from which no appeal has been taken within the time limits specified herein arbitration and the arbitrator shall be deemed resolved borne equally by the parties.
6. The arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined herein, and shall not thereafter be considered subject have no power to add to, subtract from, or modify in any way any of the grievance and arbitration provisions terms of this his Agreement.
SECTION 67. Anything The Employer will arrange the work schedules of House Staff Officers who are involved in grievance proceedings so as to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the permit reasonable time limit specified in Section 2 of this Articleoff.
SECTION 78. All time limits herein specified Grievants shall be deemed entitled to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 representation by the Union representativeat all Steps of the above grievance procedure.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a The Union representative, shall be released from work for grievance meetings under Steps 1 promptly notified of all grievances filed by an Employee and 2 shall have the right to be present at any meeting thereon.
10. No prejudice will attend any party in interest by reason of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth utilization or participation in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure.
11. Issues for which other appellate procedures are provided in the Code for Administrative Orders Limitations of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands time may be appealed up to step 3 waived by written mutual consent of the grievance procedure, but shall not be subject to arbitrationparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between 8.01 Should an employee subject to this Agreement believe he/she has been unjustly dealt with, or that any of the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision provisions of this AgreementAgreement have not been complied with, and such grievances the following are the steps that shall be processed and disposed of in the following mannertaken to resolve such grievances:
Step 1 An In the first instance an employee having a grievance and/or the employee’s Union representative shall discuss it the matter with the employee’s his/her immediate supervisor or whichever management person made the grievable decision Supervisor within five (5) working days of the occurrence or knowledge giving rise event. The Supervisor will give his/her decision within two (2) working days.
Step 2 Failing to reach a satisfactory settlement, the employee may submit his/her grievance in writing to his/her immediate Supervisor within five (5) working days of his/her reply in Step 1. Supervision shall meet within five (5) working days with the aggrieved employee and Association representative to discuss the grievance. Following such meeting Supervision shall forward their decision in writing to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union Association representative within five (5) working days after the presentation of the grievance in Step 1this meeting.
Step 2 3 If not then settled the grievance is matter will be referred in writing by the aggrieved employee to the Manager, Human Resources within two (2) working days of the reply at Step 2. A meeting between the Human Resources and Engineering Managers or their designates and a duly accredited Association Officer and a representative of the Association shall be held within five (5) working days of receipt of the Step 3 written notice to deal with the issue in an attempt to resolve the matter in dispute. If not then settled in Step 1, the grievance may, within five (5) working days after of the response in reply at Step 13, be presented referred to a Board of Arbitration as specified in Step 2. When grievances the Labour Relations Act.
8.02 If the time allowances provided for above are presented in Step 2, they shall be reduced to writing, signed not observed by the grievant and/or Association, the Union representative and presented grievance will be considered dropped. If such time allowances are not observed by the grievant and/or Company, then the Union representative grievance will be considered to have advanced to the Director next step. It is understood, however, extensions to these time limits as applying to either party may be mutually agreed upon.
8.03 If either party has a grievance with respect to the other or alleges that there has been a misinterpretation, violation or non-application of Nursing/Administrator or designeethis Agreement, or with whomever is any of its provisions hereof, then either party may give to the individual who possesses the authority to correct the contractual violation or modify the disciplinary actionother, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer notice in writing of such complaint within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievanceevent. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten Within seven (107) working days of submission receipt of such notice a meeting will be held in accordance with Step 3 of the grievance at Step 3procedure. The Employer shall respond in writing party against whom the grievance has been made will give an answer within five (57) working days after the date of the settlement conference or submission, if no settlement conference is requesteddays. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response stated in this paragraph may be extended by mutual agreement as provided for in writing for no more than an additional five (5) working days at each Section 8.02 above.
8.04 The Board of Arbitration shall not have jurisdiction to alter or change any of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days provisions of the occurrence this Agreement or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required substitute any new provisions in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial lieu thereof, nor give any decision inconsistent with the terms and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights 8.05 No matter may be presented initially at Step 3 in submitted to Arbitration which has not been properly carried through all the first instance, within previous steps of the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisionsprocedure, and which does not involve the Director of Nursing/Administrator application, interpretations or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health alleged violation of this Agreement.
SECTION 11. Any subjects8.06 In the administration of Article 8.01, except written reprimandsStep 4, excluded from the Arbitration procedure (Article 7) shall also be excluded from Company is prepared, only on those occasions where there is mutual agreement between the grievance procedure. Issues for which other appellate procedures are provided parties, to use a single Arbitrator in the Code for Administrative Orders place of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions a Board of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitrationArbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A Section 1 Any grievance is a dispute which may arise between the Employer and the Union and/or the employees parties concerning the application, meaning or interpretation or application of a specific provision of this Agreement, and such grievances Agreement shall be processed and disposed of resolved in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond and his/her local unit grievance representative, if requested, within ten (10) calendar days after it arose or should have been known to the employee shall be reduced to writing on grievance forms provided by TFPP (which shall then be assigned a number by the Department of Labor Relations at the Association’s request), signed by the grievant and his/her local unit grievance representative, and presented to the Department Head or designee and the employee’s Union representative Department of Labor Relations or designee. A grievance so presented in Step 1 shall be answered in writing within five (5) working days after the presentation of the grievance in Step 1its presentation.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five ten (510) working calendar days after the response answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The A grievance shall be presented in this step to the Director Department of Employee/Labor Relations and Workforce Compliance Department or his or her designeeHuman Resources. The Union may, upon submission Department of Human Resources shall hold a grievance hearing within fifteen (15) calendar days and shall thereafter render a decision in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held writing within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsdays.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step Section 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer TFPP to respond to answer a grievance at any step shall not be deemed a denial thereofacquiescence thereto, and the Union Association may proceed to the next step.
SECTION (a) Without waiving its statutory or management rights, a grievance on behalf of TFPP may be presented initially at Step 2 by notice in writing addressed to the Association at its offices.
(b) When a disciplinary interview is scheduled a nurse shall have the right to have an Association representative present at the meeting. If requested, the nurse will be given sufficient time to contact an Association representative. When a written complaint is received and an investigation is begun with the employee who has been identified as the subject of the complaint, the employee will be advised of his/her right to representation.
Section 4 An employee who has been suspended or discharged, or the Association on his or her behalf, may file within five (5) business days of the suspension or discharge a grievance in writing in respect thereof with the Department of Human Resources at Step 2 of the foregoing Grievance Procedure. The Association shall be notified on a timely basis of any suspension or discharge.
Section 5 All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays, and may be extended by mutual agreement.
Section 6 Any disposition of a grievance from which no appeal has been is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A 9.1 Any dispute, grievance is or misunderstanding (herein called a dispute between grievance) involving occupational classification, wages, seniority, hours of work, or other working conditions, which any employee or group of employees may desire to discuss and adjust with the Employer and Company, shall follow the Grievance Procedure.
9.2 Any action by the Company or by the Union and/or the employees concerning the interpretation or application of which results in a specific provision of this Agreement, and such grievances grievance shall be processed discussed and disposed dealt with under the Grievance Procedure starting with Step 3. Any employee or group of in the following manner:
Step 1 An employee employees having a grievance and/or shall follow the Grievance Procedure commencing with Step 1.
9.3 Grievances shall be handled as follows:
STEP 1. An attempt shall first be made by the employee, with or without the employee’s Union representative shall discuss it with ▇▇▇▇▇▇▇, and the employee’s immediate supervisor or whichever management person made Supervisor to dispose verbally of any grievance. The Supervisor shall within six (6) calendar days, advise the grievable decision employee verbally of their decision. Should they be unable to satisfactorily settle the grievance, then the employee having the grievance shall present such, in writing, to the Union ▇▇▇▇▇▇▇, within five six (56) working calendar days of the occurrence or knowledge giving rise alleged occurrence. The matter then proceeds to Step 2.
STEP 2. The Union ▇▇▇▇▇▇▇ shall, within eight (8) calendar days, prepare and present to the Supervisor, a written “Notice of Grievance” setting forth so far as may be applicable:
(a) The nature of the grievance, whichever the time and the circumstances out of which it arose.
(b) The remedy or correction the Company is laterrequested to make.
(c) The section or sections of the Agreement, if any, relied upon or claimed to have been violated. The Employer (In cases of grievance re-payment of wages, the day of the occurrence shall respond to be considered as the day on which the employee or the employee’s received their pay cheque.) The Supervisor shall give a written answer to a Union representative ▇▇▇▇▇▇▇ within five eight (5) working days after the presentation of the grievance in Step 1.
Step 2 8) calendar days. If the grievance is not settled in Step 1this step, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they it shall be reduced referred to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance3.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step STEP 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held Grievance Committee within ten (10) working calendar days of submission after receipt of the grievance at Step 3. The Employer shall respond Supervisor’s written answer may request, in writing within five to the Human Resources Department, a meeting with Company Management representatives. Such a meeting shall be held at the earliest date which is convenient for both the Company representatives and the Union committee, but not later than twelve (512) working calendar days after the date receipt of the settlement conference or submission, if no settlement conference is requestedUnion request for such a meeting. The time Time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2Union and the Company. Any The grievance shall be void which is not presented for disposition through considered at the grievance procedure described herein within ten (10) working days meeting of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 representatives of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date Company and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer The Company shall give their answer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer 15.01 All grievances and the Union and/or the employees concerning other disputes arising out of the interpretation or and application of a specific provision the terms of this Agreement, and such grievances agreement shall be processed and disposed of dealt with in accordance with the following mannerprocedure:
Step 1 An employee having a grievance and/or 1: Grievances first shall be presented in writing to the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision Supervisor involved within five (5) working days of its inception or occurrence, either by the occurrence aggrieved em- ployee or knowledge giving rise by the aggrieved employee and their ▇▇▇▇▇▇▇. The Supervisor shall give a written answer to a grievance submitted to him in not more than five (5) working days.
Step 2: If the grievance is not satisfactorily adjusted by the Supervisor, it shall be then put in writing in triplicate over the signature of the aggrieved employee and their ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall then present the grievance to the grievanceappropriate Manag- er, whichever is later. The Employer shall respond to the employee or the employee’s Union representative Operations within five (5) working days after the presentation by giving him one (1) copy of the grievance in Step 1.
Step 2 If written grievance. The appropriate Manager, Operations shall give a written decision to the ▇▇▇▇▇▇▇ who presented the grievance is not settled in Step 1, the grievance may, to him within five (5) working days after days.
Step 3: If the response in Step 1, be presented in Step 2. When grievances are presented grievance is not satisfactorily adjusted in Step 2, they it shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held Grievance Committee within five (5) working days. The Grievance Committee shall consist of three (3) Union members who are employees, and representatives of the Company. The ▇▇▇▇▇▇▇ that files the grievance in Step 2 and the grievor will be pre- sent at the grievance meeting. At the request of the Union, a staff representative of the Union may be present at such meeting. The Company shall be answered by the Employer give an answer in writing to the Union within five twenty (520) working days after the meeting to discuss the grievance.
Step 3 following such meeting. If the grievance is not settled in Step 2, Company fails to give the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held its written answer within ten twenty (1020), Step 4: (a) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5i) working days after the date of the Failing settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by set forth above of any grievance between the Employer must contain parties or any employee's grievance, arising from the reasons for the rejection.
SECTION 4. Failure on the part interpretation, application, non-application or violation of any of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject including any question as to review as grievances. Written reprimands whether a matter is arbitrable, such may be appealed up referred to step 3 arbitration by either party serving notice in writing to the other within thirty (30) calendar days from the receipt of the decision in Step 3. Within seven (7) working day of the notice of the election to arbitrate the parties shall select an arbitra- tor. Prior to the arbitration hearing the parties may agree to discuss the grievance procedure, but shall not be subject to arbitrationin a without prejudice mediation process. The parties will jointly request a mediator from Federal Mediation and Conciliation Ser- vices.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the The Employer and the Union and/or Association agree important to adjust complaints and grievances as quickly as possible. The nurse, the employees concerning Association or the Employer may present a complaint at any time without recourse to the forma: grievance procedure. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays as defined in Clause shall not be counted. At the time formal discipline imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. A formal grievance shall be one having to do with the interpretation or application of a specific provision alleged violation of this Agreement, and such . All grievances shall be processed in writing and disposed contain a statement of in facts giving rise to the grievance, the redress sought, and indication of the of this Agreement on which the grievance based. A formal grievance must be filed within working days of the circumstances giving rise to the grievance. If the grievance is based on a charge that filed within five (5) days. The following manner:
Step 1 An employee having a grievance shall be the procedure handling and processing nurse grievances submitted the nurse or the The individual nurse shall first discuss her complaint with the Association to determine its merit. The nurse and/or the employee’s Union representative Association will then submit the written cornplaint to the Supervisor who shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable give her decision within five (5) working days of the occurrence or knowledge giving rise to receipt of the grievance. If the grievance not satisfactorily settled at Step then the Grievance Committee may, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five ( 5 ) working days of the receipt of answer of the Supervisor, (5or if no answer is received within five ( 5 ) working days after the presentation of such answer ought to have been received) refer the grievance in Step 1.
Step 2 If to the grievance is not settled in Step 1, Assistant Executive Director who shall meet with the grievance may, Grievance Committee within five ten (510) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working daysreferral. The grievance in Step 2 Assistant Executive Director shall be answered by the Employer render decision in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 of such meeting. If the grievance is not settled in at Step 2, the Association may refer the grievance to arbitration. Any difference arising between Employer and the Association concerning interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing by either party for consideration at a meeting of the Grievance Committee and the Representatives of the Employer. If such grievance cannot be resolved within ten (10) working days by discussion between the Employer and the Association such grievance may be referred to arbitration. NOTE : Any of the time allowances may be extended by mutual agreement between the parties. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter arbitrable, or where an allegation made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party within ten (10) working days in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first appointee to an Arbitration Board. The recipient of the notice shall within five (5) working days after inform the response other party in Step 2, be presented by writing of the grievant and/or Union representative in Step 3name of its appointee to the Arbitration Board. The grievance two appointees so selected shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is Where a dispute difference arises between the Employer Nurse and the Union and/or Employer relating to the employees concerning the interpretation interpretation, application or application of a specific provision administration of this Agreement, and such grievances the Nurse may file a grievance against the Employer. Grievances shall be processed in writing and disposed shall contain a statement giving rise to the grievance and specifying the clause of in this Agreement alleged to have been violated.
a) The Nurse shall have the following manner:
Step 1 An employee having right, if so requests, to the assistance of a Nurse representative at any step of the grievance and/or procedure. A Nurse has no grievance until submits a verbal and a written complaint to immediate Manager with a copy to the employee’s Union representative Union. The Manager shall discuss it with advise the employee’s immediate supervisor or whichever management person made the grievable Nurse of decision within five (5) working days of the occurrence or knowledge day on which the complaint is raised to and if the reply is not satisfactory to the Nurse, may resort to the formal grievance procedure as follows: In any case, no grievance shall be considered where the circumstances giving rise to it occur thirty (30) calendar days immediately prior to it being brought to the attention of the immediate Manager. The intent of the written notification is only to formalize the verbal stage of the grievance, whichever is later. A Nurse having a grievance may submit grievance in writing to the designated Director or designate stating the Article and the Clause of the Agreement to which the grievance applies. The Employer designated Director or designate shall respond review the grievance and reply in writing to the employee Nurse within five (5) working days of receipt of the grievance. If the grievance is not settled at Step the Nurse may within five (5) working days of the date of receipt of the answer from the designated Director or the employee’s Union representative designate, or if no answer is received, then within five (5) working days after such answer ought to have been received, submit the presentation written grievance from Step to the Medical Officer of Health, Commissioner of Social and Community Services or designate. The Medical Officer of Health, of Social and Community Services or designate shall render a decision in writing within ten (10) working days of receipt of the grievance in under Step 1.
Step 2 Two. If the grievance is not settled in at Step 1, then the grievance Nurse may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held date of receiving the Step reply (or if no answer is received under Step then within five (5) working daysdays after such answer ought to have been received) submit the written grievance from Step to the Director of Human Resource Services. The grievance in Step 2 parties shall be answered by meet to discuss the Employer grievance. The Director of Human Resource Services shall render a decision in writing within five (5) working days after following the date of the meeting to discuss the grievance.
Step 3 President of the Local Association with a copy to the Labour Relations Officer. If the grievance is not settled in Step 2then the Association may, within a period of five (5) working days refer the grievance mayto mediation or arbitration as provided for in Articles in the Agreement.
(a) A claim by a Nurse that has been suspended or discharged without just cause shall be treated as a grievance, if a written statement of such grievance is lodged at Step of the grievance procedure with the Medical Officer of Health, Commissioner of Social Community Services or designate within five (5) working days after the response in Step 2, be presented notification has been received by the grievant and/or Union representative Nurse. In cases of allegations of unjust discipline which do not involve suspension or discharge, the grievance will begin as provided in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution Article Any of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response allowances provided may be extended by mutual agreement in writing for no more than an additional five (5) working days between the parties. The Association may file a grievance concerning the general application or interpretation of this Agreement, commencing at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 two of the Grievance Procedure. For the purpose of this article, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date Saturday, Sunday, holidays, and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature vacation of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as Nurse are not to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond considered working days up to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next stepmaximum of thirty (30) working days.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between The Local President, the Employer Bargaining Committee of five persons, and the Union Stewards shall be permitted by their Supervisor or Assistant Supervisor to leave their regular duties for a reasonable length of time during their regular working hours without loss of time or pay for the purpose of processing and settling grievances. The Bargaining Committee of not more than six persons including the Local President shall deal with the Plant Manager and/or his/her representatives in the employees concerning of grievances at Step 2 of the interpretation or application grievance procedure.
(a) Where an employee believes that manage- ment has contravened some article in the Collective Agreement, they may submit a grievance according to the following Paid Saturdays and Sun- days shall be considered in the time limits mentioned for the grievance and arbitration process. Extensions on the time limits may be granted on mutual agreement between both parties in writing. Step An employee alleging a violation of a specific provision pro- vision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative Agreement shall discuss it with the employee’s his/her immediate supervisor prior to making it the subject of a grievance, within seven days after the occur- rence or whichever management person made when it first becomes known to the grievable decision Should the employee wish to be accompanied by the ▇▇▇▇▇▇▇, the Supervisor may elect to have another Supervisor present for the discussion. If the matter is not satisfactorily settled by the immediate supervisor, within five (5) two working days it will be reduced to writing signed by the employee and the ▇▇▇▇▇▇▇, and submitted to the department head as a grievance no later than three days after the supervisor’s deci- sion. The Company will afford the Union Representa- tive and the employee suitable facilities for a private discussion. The department head shall render a deci- sion within three working days of the occurrence or knowledge giving rise receipt of such grievance to the grievance▇▇▇▇▇▇▇ in writing. Step If the decision of the Department Head is not accept- able, whichever is later. The Employer the Plant Manager and the Bargaining Committee shall respond meet to try to find a solution to the employee or the employee’s Union representative grievance within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working three days after the date on which the department head has rendered a written decision. Each party at this meeting may have one additional subordinate offi- cial present if required. The Plant Manager shall have three days following this meeting in which to sub- a written reply to the grievance to the appropriate Bargaining Committee person. Step If the decision of the settlement conference or submission, if no settlement conference Plant Manager is requested. The time limits for not acceptable to the submission of a grievance by the employee/Union representativeUnion, the setting of a settlement conference, or the Employer’s response may grievance will be extended by mutual agreement in writing for no more than an additional submitted to Step 3 within five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to receipt of the grievance.
SECTION 3written reply. Upon being Step 3 griev- ances shall be submitted to Step 2 The Director of Human Re- sources for the Grievance Procedure, Glass Division or designate and the grievance Direc- tor and the National Representative or designates shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept deal with the grievance at step one their next scheduled grievance meet- ing. Grievance meetings will be held on the same day each month, normally the second Wednesday of the month and there will return be a meeting once each month. The agenda will consist of all Step 3 grievances which either party wish to discuss. Notice of the grievance so as Step 3 grievances to be properly completeddiscussed will be given to the other party at least one week in ad- ▇▇▇▇▇ of the Step 3 monthly meeting. All Employer responses required in Steps 1, 2 and 3 above The Company shall be render a decision in writing directed to not later than five days fol- lowing the aggrieved employee with a copy furnished said grievance meeting. Step If the answer in Step 3 is unacceptable to the Union, the Union shall submit the grievance to arbitration within ten days, by notifying the Company by registered mail or hand delivered. A rejection of a Where employees on more than one shift are involved in the same grievance, then the grievance at any step may be submitted directly to the head of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereofdepartment, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreementsecond stage grievance.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances 8:01 Grievances shall be processed and disposed of dealt with in the following manner:manner provided such grievances are filed in writing within 15 working days of the occurrence of the incident which gave rise to the matter in dispute. Requests for grievance hearings and replies following such hearings shall be in writing at all steps. Grievances shall specify the clause or clauses in the agreement which it is believed the City has violated and shall include a statement of facts outlining in what manner the City's interpretation of a clause is disputed. A copy of the above grievance will be submitted at each step of the grievance procedure. Responses to all steps of the grievance procedure will be copied to the Group Vice-President.
8:02 Complaint Grievances shall first be dealt with as a complaint. The employee, who may be accompanied by a Union ▇▇▇▇▇▇▇, shall bring the complaint forward to their respective Division Head or the designate. Subject to the exceptions under 8:04 and 8:05, it is understood that there is no grievance until the respective Division Head or designate has first had the opportunity to adjust the complaint. Any resolution to a complaint at this step is understood to be without precedent or prejudice to either party. If the Union and the employee are not satisfied with the resolution at the Complaint step, the employee shall submit the grievance in writing to the Chairperson of the Union Grievance Committee. If the Union Grievance Committee considers the grievance to be justified then the Union may proceed to Step 1 An employee having of the grievance procedure.
STEP I The Employee assisted by a grievance and/or ▇▇▇▇▇▇▇ or an officer of the employee’s Union representative shall discuss it first take the matter up with the employee’s immediate supervisor respective Division Head or whichever management person made Superintendent of Operations. The Division Head or Superintendent of Operations shall reply within five (5) working days.
STEP II If the grievable Grievance Committee considers that a satisfactory settlement was not reached at Step I, it may within five (5) working days of the receipt of the Step I reply request a hearing by the Commissioner of Public Works and Transportation. The City will arrange a hearing at Step II within fifteen (15) days of the receipt of the grievance. The Commissioner shall render a decision within five (5) working days of the occurrence or knowledge giving rise to hearing.
STEP III If the grievanceGrievance Committee considers that a satisfactory settlement was not reached at Step II, whichever is later. The Employer shall respond to the employee or the employee’s Union representative it may within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission the receipt of the grievance Step II reply request a hearing by the Commissioner of Human Resources or their representative. The Commissioner of Human Resources or representative shall render a decision within five working days of the hearing.
STEP IV If the Grievance Committee considers that a satisfactory settlement was not reached at Step 3III, it may within five working days of receipt of the Step III reply request a hearing by the Chief Administrative Officer. The Employer Chief Administrative Officer shall respond in writing render a decision within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. hearing.
8:03 The time limits for fixed in the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may Grievance procedure must be observed unless they are extended by mutual agreement in writing for no more than an additional five (5) working days at each between the parties to this agreement. A Board of the above-referenced stepsArbitration shall not alter, modify or amend any part of this agreement or make any decision inconsistent with its provisions.
SECTION 2. Any grievance shall be void which is not presented for disposition through 8:04 In cases of discharge the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In shall have the absence of these specific details, the employer is under no obligation right to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of file a grievance at any step Step III of the Grievance Procedure by grievance procedure provided such grievance is filed within fifteen (15) days from the Employer must contain the reasons for the rejectiondate of discharge.
SECTION 4. Failure on 8:05 Where the part dispute involves a question of a general application or interpretation of the Employer to respond to terms of the agreement, either the Union or the City may file a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 III of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the 6.01 The Employer and the Union and/or agree that it is of the employees concerning utmost importance to adjust complaints and grievances as quickly as possible.
6.02 It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to address the interpretation complaint. If, after registering the complaint with his supervisor, such complaint is not settled, then the grievance procedure below may be invoked.
6.03 No grievance will be considered where the circumstances giving rise to it occurred or application originated more than ten (10) working days before the filing of the grievance.
6.04 Any complaint, dispute or disagreement (hereinafter called a specific provision “grievance”) which arises during the term of this Agreement, and such grievances agreement shall be processed and disposed of in the following mannerhandled as follows:
Step 1 An 1: The grievance shall be presented by the Union ▇▇▇▇▇▇▇ to his shift supervisor in writing. The written grievance shall be signed by the employee having a grievance concerned and/or the employee’s Union representative ▇▇▇▇▇▇▇ and shall discuss it with be on a form supplied by the employee’s immediate Union. The shift supervisor or whichever management person made shall sign and date the grievable decision within five (5) working days of the occurrence or knowledge giving rise grievance and return one copy to the grievance, whichever is later. The Employer shall respond to ▇▇▇▇▇▇▇.
Step 2: If the employee or the employee’s Union representative within grievance remains unsettled for five (5) working days after the presentation of the grievance it has been presented in Step 1.
Step 2 If the grievance is not settled in accordance with Step 1, it shall be referred to the Unit Committee. The Unit Committee shall thereafter notify the plant manager that it desires to discuss the grievance may, within with the Employer. Within five (5) working days after the response in Step 1thereafter, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after and the meeting Unit Committee shall meet and try to discuss settle the grievance.
Step 3 3: If no meeting of the grievance Employer and the Unit Committee is not settled held within the time limit set forth in Step 2, or if no agreement is reached at such meeting, and the grievance mayremains unsettled, the grievance may be submitted to arbitration within five twenty (520) working days after thereafter, in accordance with the response procedure in Step 2, be presented by Article 7.
6.05 Any grievance which is not commenced or processed through the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission next stage of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance arbitration procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdayshave been abandoned, Sundayswith the following exception. If either party fails to meet the time limits specified in Step 1 or 2, and stated holidays as provided in Article 31, and any other holidays officially recognized by then the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which shall automatically go to the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care next step in the case of class grievances, no more than two grievance process (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitrationStep 2).
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 15.01 The procedure to be followed in the adjusting of any dispute or grievance shall be:
1. A grievance is The employee with a dispute between the Employer ▇▇▇▇▇▇▇ and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances delegate from management shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision endeavour to adjust within five three (53) working days of the occurrence or knowledge giving rise to alleged grievance but, failing suitable adjustments, the grievancegrievance with full explanation, whichever is later. The Employer shall respond to be put in writing and a copy thereof, supplied by the employee or to both the employee’s Union representative grievance committee and the management within five two (52) working days after the presentation of the grievance in Step 1superintendent and employee have failed to agree.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2committee, the grievance mayemployee, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union a representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference Union and plant manager with representatives of management shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held meet within ten (10) working days of submission after receiving notice of the grievance at Company’s written response to Step 1. It is understood that not more than one (1) representative of either the Union or management may not be a full-time employee of the Company.
3. The Employer shall respond Failing a satisfactory adjustment of the grievance, after the above procedure has been completed, where the Union or the Company wishes to submit a grievance to arbitration, it must do so by notice in writing within five to the other party not later than fifteen (515) working days after receiving the date written response at Step 2. The grievance shall be submitted to a sole arbitrator chosen by mutual agreement. If the parties fail to agree upon a neutral arbitrator within fifteen (15) working days after either party has served written notice to the other party of its intention to refer the settlement conference matter to a neutral arbitrator, the Minister of Labour will be requested to appoint a neutral arbitrator. Any grievance is not arbitrable if it has not been processed through all the steps provided for in the grievance procedure within the time limits therein indicated, or submission, if no settlement conference is requestedit has not been submitted to arbitration in the manner and within the time limits provided for in the present collective agreement. Neither party shall raise or proceed with a timeliness issue argument regarding “filing for arbitration” without having notified the other party of its final position on any given grievance in writing.
4. The time limits for the submission of a grievance by the employee/Union representativeoutlined in Article 15, the setting of a settlement conference#1, or the Employer’s response 2, 3, above, may be extended by mutual agreement consent in writing for no more than an additional five (5) working days at each of the above-referenced stepswriting.
SECTION 25. Any grievance The arbitrators decision shall be void which is not presented for disposition through final and binding on the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance ProcedureCompany, the grievance shall be reduced to writingUnion and the employees concerned. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific detailsarbitrator shall not be authorized to alter, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at modify or amend any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of this agreement, nor to render any decision incompatible with the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreementagreement, nor to consider any matter not pertaining to the present agreement.
SECTION 6. Anything to Each party shall pay its own costs and fees and expenses of witnesses called by it and all its representatives. The fees and expenses of the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified arbitrator shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by shared equally between the Employer for Human Resources Department employeesparties.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. 21.01 It is the desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible without stoppage of work, and it is understood that an employee may present an oral complaint at any time without recourse to the grievance procedure herein.
21.02 A grievance is shall be defined as a dispute between complaint regarding the Employer interpretation, application or alleged violation of the terms and the Union and/or the employees concerning the interpretation or application of a specific provision provisions of this Agreement, and it is understood that an employee has no grievance until she has first discussed with and given her immediate supervisor an opportunity to adjust her complaint. Such discussion must take place within three (3) working days after the circumstances giving rise to the complaint first occurred or originated. The supervisor shall communicate her reply to the complaint within three (3) working days. If such grievances shall be processed and disposed complaint is not settled to the satisfaction of the employee concerned, the complainant may file a written grievance in the following mannermanner and sequence.
Step 1 The employee (accompanied by a ▇▇▇▇▇▇▇ if so desired by either party) shall submit a signed, dated, written statement of such grievance to her supervisor within ten (10) working days after the circumstances giving rise to the complaint first occurred or originated. The nature of the grievance, the Article of the agreement that has been violated, misapplied or misinterpreted, and the relief or remedy sought shall be clearly set out in the grievance. The Supervisor shall deliver her decision in writing within three (3) working days following the day on which the grievance was presented to her. Failing settlement, then:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within 2 Within five (5) working days of following the occurrence or knowledge giving rise decision under step 1, the employee and the ▇▇▇▇▇▇▇ and/or the CLAC Representative may present the written grievance to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative Executive Director who will hold a meeting within five seven (57) working days after with the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1grievor, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant ▇▇▇▇▇▇▇ and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working daysCLAC Representative. The grievance in Step 2 Executive Director shall be answered by the Employer give her decision in writing within five (5) working days after from the meeting to discuss date of the grievancemeeting.
Step 3 If 21.03 The Employer or the grievance is Union shall not settled in Step 2, the grievance may, within five be required to consider or process grievances which arise out of any action or conditions more than ten (510) working work days after the response in Step 2, be presented by subject of such grievance occurred. If the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department action or his or her designee. The Union may, upon submission condition is of a continuing or a recurring nature, this limitation period shall not begin to run until the action or condition has ceased. At no time may an employee or group of employees file a grievance in Step 3, request on behalf of another employee.
21.04 Either party to this Agreement may file a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held Policy Grievance within ten (10) working days of submission the occurrence of the event on which the grievance is based. A Policy Grievance shall be defined as a grievance by either the Union or the Employer arising out of the interpretation, application, administration or alleged violation of any of the terms of this Agreement. A Union or Employer Policy Grievance shall be filed at step 2 of the grievance at Step 3procedure. The In the event of an Employer Policy Grievance, the Executive Director shall respond submit the grievance to the Union Representative, and the Union Representative shall reply in writing within five (5) working days after from the date of the settlement conference or submission, if no settlement conference meeting in step 2.
21.05 It is requested. The agreed that Subsection 44(6) of the Labour Relations Act does not apply to the provisions of this Agreement but that any time limits for limit of the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response procedure may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of between the above-referenced stepsEmployer and the Union.
SECTION 2. 21.06 Any complaint or grievance shall be void which is not presented for disposition commenced or processed through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 stage of the grievance procedure, but including reference to arbitration, within the time specified, shall be deemed to have been abandoned or settled on the basis of the Employer’s or Union’s last reply to the grievance. If no written answer has been given to the grievance within the time limits specified, the Union or Employer shall be entitled to submit the grievance to the next stage, including arbitration.
21.07 Saturdays, Sundays and the paid holidays designated in this Agreement will not be subject counted in determining the time in which any action is to arbitrationbe taken or completed under the grievance procedure or arbitration procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a Should any dispute arise between the Employer employer and an employee or between the employer and the Union and/or as to the employees concerning interpretation, application, administration or alleged violation of any of the interpretation or application of a specific provision provisions of this Agreement, and an ▇▇▇▇▇▇▇ effort will be made to settle such grievances shall be processed and disposed of differences without undue delay, in the following manner:
Step 1 An : STEP The employee having a grievance and/or involved shall, within five working days of the date of the incident giving rise to the Complaint or of the date the incident giving rise to the Complaint should reasonably have been known to the employee’s Union representative , discuss the Complaint with his Supervisor. The Shop ▇▇▇▇▇▇▇ shall discuss it be present during this discussion. The Supervisor shall give his answer within five working days following the date of the meeting. The Shop ▇▇▇▇▇▇▇ shall be present when the Supervisor gives his answer. STEP If the employee is not satisfied with the employeeSupervisor's answer to the complaint, a Grievance may be filed within five working days of the date the Supervisor gives his answer to the Complaint. The employee may have the assistance of the Shop ▇▇▇▇▇▇▇ in filling out the Grievance Form. All Grievances shall be in writing, shall be signed by the Employee and the Shop ▇▇▇▇▇▇▇. All Grievances shall contain the Article of the Collective Agreement alleged to have been violated, the nature of the grievance and the adjustment requested. The Grievance Form shall be presented to the next higher level of supervision above the Supervisor who answered the Complaint in STEP or their designate and discussed with the employee and Shop ▇▇▇▇▇▇▇ at that time. The employer shall have five working days to answer the grievance in writing and present to the employee and Shop ▇▇▇▇▇▇▇. If the employee is not satisfied with the employer’s immediate supervisor written answer given at STEP and the Uniondoes not withdraw the grievance in writing within five working days following the date of the meeting at which the employer gave their written answer to the grievance, the grievance shall proceed to a STEP meeting. STEP This meeting shall be arranged in a timely manner by the Employer and a Business Representativeof the International Association of Machinists and Aerospace Workers, District Lodge No. The employer shall have five working days to answer the grievance in writing to the Shop ▇▇▇▇▇▇▇. A copy shall also be sent to Business Representative. If the grievance is not settled at STEP and the Union does not withdraw the grievance in writing within five (5) working days following first Wednesday of any month after the date of the meeting at which the employer gave their written answer to the grievance, at STEP the grievance shall proceed to arbitration under Article of this Collective Agreement. Where a difference arises between the Union and the employer relating to application, administration or whichever management person made alleged violation of this Collective Agreement, the grievable decision Union may within five (5) working days of the occurrence or knowledge giving rise date the incident becomes known to the Union file a policy or group grievance, whichever is later. Article STEP shall then apply as though the Union’s policy or group grievance was a grievance of an employee. The Employer shall respond to employer may file a policy grievance against the employee or Union, the employee’s Union representative employer may within five (5) working days after of the presentation date the incident becomes known to the Union file a policy or group grievance. Article STEP shall then apply as though the employer‘s policy grievance was a grievance of an employee. In the event that the Company initiates disciplinary action against an employee who has completed his probationary period and which results in the suspension or discharge of such employee, such disciplinary action shall be confirmed in writing by letter to the employee involved, setting forth the actiontaken and the penalty imposed. All disciplinary action is to be dispensed in the presence of a Union representative. Whenever the Company deems it necessaryto reprimandan employee indicatingthat dismissal may follow if such employee fails to bring his work up to a required standard by a given date or if there is a repetition of the matter complained of, the Company shall, within ten 0) working days thereafter, give written particulars of such censure to the employee involved. A claim by an employee who has completed his probation period that he has been suspended, discharged, or disciplined without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company commencing at Step No. of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, procedure within five (5) working days of such suspension, discharge or discipline. Such grievance may be settled by confirming the Company’s action or by reinstating the employee, with or without compensation, for the time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties of the board of arbitration, if the matter is submitted to arbitration, subject only to the provisions of Schedule “ A attached hereto and forming part of this Agreement. Written warnings will not be used for further disciplinary action after (24) months, if the response in Step 1employee receives no additional disciplinary action for the same or a related offence during this period. Suspensions will not be used for further disciplinary action after twenty-four (24) months, if the employee receives no additional disciplinary action for the same or a related offence during this period. Article Arbitration Any matter or question arising from the interpretation, application, administration, or any alleged violation of this Agreement, including the question of whether a matter is arbitrable, may be presented in Step 2submitted to arbitration by the parties hereto as herein provided. When grievances either party to this Collective Agreement fails to withdraw or settle a grievance as set out in Article section STEP the party initiatingthe grievance shall write the other party, in a timely manner and shall include a list of proposed arbitrators. The other party shall notify the initiating party of any acceptable arbitrator on the list. If none of the arbitrators are presented in Step 2acceptable the other party shall submit a list of proposedarbitrators back. This process shall continue until an arbitrator is agreed upon or an impasse is reached, they shall be reduced to writing, signed by at which time the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of party initiating the grievance shall make application to the Ministry of Labour for the appointment of an arbitrator. No matter shall be held within five (5) working dayssubmitted to arbitration by the parties hereto unless and until they shall have attempted to arrive at a settlement by the means provided by Article hereof. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle a grievance. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and sole arbitrator shall not thereafter be considered subject authorized to make any decision inconsistent with the grievance and arbitration provisions of this Agreement.
SECTION 6, nor to alter, modify or amend any part thereof. Anything The decision of the sole arbitrator will be final and binding upon the parties hereto and the empI Each of the parties hereto will bear the expenses of the arbitrator jointly. Article Union Representation The Union may appoint or otherwise select a Shop Committee to be composed of not more than three (3) members who will be designated as Shop Stewards. The Union acknowledges that Stewards have their regular duties to perform on behalf of the contrary herein notwithstanding, Company and that a ▇▇▇▇▇▇▇ shall not leave such duties in order to present a grievance concerning a discharge, suspension under the grievance procedure or demotion, health and safety or union rights may be presented initially at Step 3 to assist employees in the preparation of grievances without first instanceobtaining the permission of his immediate supervisor. Such permission shall not be unreasonably withheld. The Union shall give the Company a list of names of its Shop Stewards, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, their assigned areas and any other holidays officially recognized by changes thereto. Leaves of Absence The Company will grant employees leavesof absence without pay, annually, for up to fifteen (15) working days, to serve as delegates on Union business. Should the Employer for Human Resources Department employees.
SECTION 8Union request further leaves, without pay, such leaves will be at the sole discretion of the Company. A grievance which affects two (2) or more divisionsIn all cases, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially reasonable notice must be presented at Step 3 given by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no and more than two (2) employees per shift, per unit, plus a Union representative, will be on leave at the same time. Such requests for leave of absence shall not be released from work for grievance meetings under Steps 1 and 2 unreasonably refused. In the event of the Grievance Procedure.
SECTION 10death of an employee's mother, father, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or grandchild, the employee will be granted up to three consecutive days leave of absence without loss of regular pay to make arrangements for and to attend the funeral. The parties acknowledge It is understood that an employee shall not receive payment for absence on a day or days on which he would not otherwise have worked. Two (2) days will be granted in the events of death of grandparents. When an employee is unable to attend the funeral due to distance, the employee shall receive two (2) days off with pay, as days of mourning. However, proof these and all other such events in the future, must be submitted. When an employee must travel a principle considerable distance to attend the funeral, the Company shall grant an extended leave of interpretation, employees are obligated to work as directed while grievances are pending except as absence without pay beyond the time set forth out in Article 56 Safety and Health section of this Collective Agreement.
SECTION 11. Any subjectsLeaves of Absence without pay may be granted by the Company given that the following conditions are met: Notice of three months is given to the Company, except written reprimandsin unforeseencircumstances, excluded from beyond the Arbitration procedure (control of the employee; Request does not exceed a maximum of four weeks and it is used in conjunctionwith annual vacation entitlement. Inspecial unforeseencircumstances the Company grant a Leave of Absence to an employee for a period of six months without loss of seniority. Article 7) shall also Seniority An employee will be excluded from considered on probation and will not be subject to the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions seniority provision of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may nor shall his name be appealed up to step 3 placed on the seniority list until after he has successfully completed sixty-three days of work in the employ of the grievance procedureCompany. Upon completion of such probationary period, but the employee's name shall be placed on the appropriate seniority list with seniority dating from the date he was hired by the Company. The dismissal of a probationary employee shall not form the subject matter of a grievance. A seniority list shall be subject posted annually. In the event of any lay-off, Union Stewards shall be deemed to arbitration.have seniority over all other employees and shall be retained in the employ of the Company during their respective term of office, provided however the Company has work they are qualified to perform. In the event of a work shortage which causes the lay-off of employees and for the of recalling those to work who have been laid off, the following factors shall be considered:
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance 11.1 It is a dispute between the Employer and mutual desire of the Union and/or the Parties hereto that complaints of employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of adjusted as quickly as possible. Such complaints shall be acted upon in the following manner:manner and sequence.
Step 1 An It is understood that an employee having has no grievance until they have first given their immediate Supervisor an opportunity of adjusting their complaint. Such complaint shall be discussed with the immediate Supervisor within seven (7) working days after the circumstances giving rise to the complaint have occurred, and failing settlement, it may then be taken up as a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days following the discussion with the immediate Supervisor. In discussing such complaints, the employee may be accompanied by a Local Union Representative.
Step 2 The aggrieved employee(s) shall submit their grievance in writing to the Chairperson of the occurrence Union Committee. If the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Division Manager and/or his or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative her immediate departmental Director/Manager within five (5) working days after the presentation of the grievance as spelled out in Step 1.
Step 2 If the . The written grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or aggrieved employee(s) must contain the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits nature of the grievance shall be held within five (5) working daysgrievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The grievance in Step 2 shall be answered by the Employer Division Manager and/or his or her immediate departmental Director/Manager will deliver their decision in writing within five (5) working days after following the meeting to discuss the grievance.
Step 3 If day on which the grievance is not settled in presented to them. The Division Manager and/or his or her immediate departmental Director/Manager will also distribute copies of the original grievance and their answer, to the immediate Supervisor concerned. Failing settlement then Step 2, the grievance may, within 3 may be invoked. Step 3 ** Within five (5) working days after following the response in decision under Step 2, be presented by the grievant and/or Union representative in Step 3. The Grievance Committee may submit the written grievance shall be presented in this step to the Director Manager of Employee/Labor Employee Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievanceDesignate. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall meeting will be held within ten (10) working days at which time the matter will be reviewed. ** The Manager of submission of the grievance at Step 3. The Employer shall respond Employee Relations or Designate will deliver their decision in writing within five (5) working days after from the date on which the meeting was held under Step 3.
11.2 A complaint or grievance arising directly between the Corporation and the Union concerning the interpretation, application or alleged violation of this Agreement, shall be originated under Step 3. Failing settlement under Step 3, it may be submitted to Arbitration in accordance with Article 12. This provision may not be used to process a grievance directly affecting one (1) employee or a group of less than four (4) employees unless the time within which such employee or employees could lodge or continue a grievance has not expired at the time the policy grievance is lodged. Any grievance by the Corporation or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calendar days of the date of occurrence. Either Party may request the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each presence of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance grievor at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionProcedure.
SECTION 411.3 Failing settlement under the foregoing procedure of any grievance between the Parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to Arbitration, as set forth in Article 12. Failure on If no written request for Arbitration is received within twenty (20) working days after the part of the Employer to respond to a grievance at any step decision under Step 3 is given, it shall be deemed a denial thereof, to have been settled and not eligible for Arbitration.
11.4 Replies to grievances shall be in writing at all stages.
11.5 All agreements reached under the Grievance Procedure between the representatives of the Corporation and the representatives of the Union will be final and binding upon the Corporation and the Union may proceed and the employee(s).
11.6 No adjustment affected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the next stepdate of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation.
SECTION 5. Any disposition of a grievance from which 11.7 Where no appeal has been taken answer is given within the time limits specified herein in the Grievance Procedure, the employee(s) concerned, the Union and the Corporation shall be deemed resolved and shall not thereafter be considered subject entitled to submit the grievance to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 next step of the Grievance Procedure.
SECTION 10. 11.8 The parties acknowledge that as a principle Corporation will supply the necessary facilities for the Grievance Meeting.
11.9 The time limits fixed in the Grievance Procedure may be extended by mutual consent of interpretation, employees are obligated the Parties to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this the Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute 8.01 The grievances defined as any complaint alleging violation, misinterpretation or misapplication of the terms of this agreement.
8.02 If any differences arise hereafter between the Employer Company and the Union and/or or any employee or employees as to the employees concerning the interpretation proper meaning or application of a specific provision the terms of this Agreementagreement, and such grievances there shall be processed and disposed no stoppage or suspension of in work on account of such differences but such differences shall be submitted through the following manner:
Step 1 grievance and arbitration procedures. An employee having shall not leave his/her job to discuss any matter until the Company has had reasonable time to provide a grievance and/or relief person.
8.03 It shall be optional to the employee’s Union representative shall discuss it with Company to decline to consider any grievance, other than one regarding wages, the employee’s immediate supervisor alleged circumstances of which originated or whichever management person made the grievable decision within five (5) occurred more than ten working days prior to its presentation unless exercising due diligence the employee could not have been aware of the occurrence or knowledge circumstances giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 38.04 Any employee with a grievance shall first discuss the matter with his/her Supervisor. Upon being submitted to Step 2 A committee member shall be present at such discussion. if after such discussion the employee or employees and the Supervisor have not reached a mutually satisfactory settlement of the Grievance Procedurematter, the employee or employees may then proceed under the grievance procedure as outlined below:
8.05 Any employee having a grievance or complaint shall present it in writing through his/her committee member to his/her Supervisor within 3 working days after such grievance or complaint became known to him/her. A grievance concerning wages shall not be limited to the 3 day period. The committee member will accompany the employee in discussing the grievance or complaint with the Supervisor. The Supervisor shall give his/her decision in writing within 3 working days, unless, extenuating circumstances beyond his/her control require longer period of time for such reply.
8.06 If the aggrieved employee is unwilling to accept the decision of the Supervisor, the grievance shall may be reduced to writing. The written grievance must set forth all submitted, on approval of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of 24 hours (excluding Saturdays, Sundays, and stated holidays Holidays) to the Personnel Manager or their authorized representative.
8.07 The Personnel Manager and/or their authorized representative shall meet with the Union Committee within five working days following receipt of the employee's appeal in writing or within such greater period of time as provided the parties may agree on and they shall collectively make every reasonable effort to reach satisfactory settlement of the grievance. The Personnel Manager and/or their authorized representative shall give his/her decision in writing within two working days after meeting.
8.08 It is understood and agreed by and between the parties hereto that the grievance procedure as outlined in Article 318 herewith will apply to a grievance lodged by a group of employees. In case of such group grievances, and any other holidays officially recognized by employees involved will be allowed 15 minutes to elect one representative for the Employer for Human Resources Department employeesgroup, who then will proceed with the grievance as outlined in Article 8.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 8.09 An allegation by the Union representative.
SECTION 9. In order to minimize or the disruption to patient care Company that the Company or the Union has violated or misinterpreted this agreement may be lodged in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that writing as a principle of interpretation, employees are obligated policy grievance to work the Company or Union. Failing satisfactory settlement the grievance may then be appealed to arbitration as directed while grievances are pending except herein provided. Time limits to be as set forth provided for in Article 56 Safety and Health of this Agreement8.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION Section 1. A Any grievance is a dispute which may arise between the Employer and the Union and/or the employees parties concerning the application, meaning or interpretation or application of a specific provision of this Agreement, and such grievances Agreement shall be processed and disposed of resolved in the following manner:
Step 1 1: An employee having a grievance, and his/her local unit grievance and/or the employee’s Union representative representative, if requested, shall discuss it with his/her immediate supervisor within fourteen (14) days after it arose or should have been known to the employee’s immediate . This grievance must be reduced to writing and on the grievance forms provided by the Hospital. The Hospital shall give its written response through the supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievanceemployee, whichever is later. The Employer shall respond to the employee or the employee’s Union representative and his/her local unit grievance representative, within five seven (57) working days after the presentation of the grievance in Step 1grievance.
Step 2 2: If the grievance is not settled in Step 1, the grievance may, within five seven (57) working days after the response answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writingwriting on grievance forms provided by the Hospital, signed by the grievant and/or the Union representative and his/her local unit grievance representative, and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator Human Resources Department. The Human Resources Department will then assign a number and forward the grievance to the appropriate department head or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 3: If the grievance is not settled in Step 2, the grievance may, within five ten (510) working days after the response answer in Step 2, be presented by the grievant and/or Union representative in Step 3. The A grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designeeHuman Resources Department. The Union may, upon submission of Human Resources Department shall hold a grievance hearing within seven (7) days and shall thereafter render a decision in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held writing within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsdays.
SECTION Section 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer Hospital to respond to answer a grievance at any step shall result in the grievance being sustained.
Section 3. Without waiving its statutory or management rights, a grievance on behalf of the Hospital may be presented initially at Step 3 by notice in writing addressed to the Association at its offices.
Section 4. When a disciplinary interview is scheduled, the nurse will be advised by the Hospital of his/her right to have an association representative present at the meeting. If requested, the nurse will be given sufficient time to contact an association representative.
a. The Hospital will notify the Union in writing of any discharge or suspension, including removal from the schedule pending investigation, within twenty-four (24) hours following the discharge, suspension or removal from schedule.
b. An employee who has been suspended or discharged, or the Association on his or her behalf, may file within seven (7) days of the suspension or discharge a grievance in writing in respect thereof with the Human Resources Department at Step 3 of the foregoing Grievance Procedure. The Association shall be notified on a timely basis of any suspension or discharge.
Section 6. All time limits herein specified shall be deemed a denial thereofto be inclusive of Saturdays, Sundays and holidays, and the Union may proceed to the next stepbe extended by mutual agreement.
SECTION 5Section 7. Failure by the union to process any grievance in compliance with the above time limits results in the grievance being dismissed.
Section 8. Any disposition of a grievance from which no appeal has been is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 89. A grievance which affects two (2) a substantial number or more divisions, and which the Director class of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, employees may initially be presented at Step 2 or Step 3 by the Union representative.
SECTION 9Association. In order to minimize the disruption to patient care The grievance shall then be processed in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of accordance with the Grievance Procedure.
SECTION Section 10. The parties acknowledge that as a principle of interpretation, employees are obligated All references to work as directed while grievances are pending except as set forth days in Article 56 Safety and Health of this Agreementarticle shall mean consecutive calendar days.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between 15.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Employer Union and the Union and/or Company in accordance with the employees concerning the interpretation or application of a specific provision of procedures provided for in this Agreement, and such grievances shall every effort will be processed and disposed of in made by the following manner:Parties to reach a mutually satisfactory agreement as quickly as possible.
Step 1 An 15.02 If an employee having wishes to have a grievance and/or the employee’s Union representative shall discuss complaint taken up, it will first be taken up verbally with the employee’s immediate supervisor or whichever management person made the grievable decision his supervisor, within five (5) working days of the occurrence of the event (s) or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after from the presentation time the employee had knowledge of the event and this occurred in a reasonable time frame. He may do this personally, with or without his ▇▇▇▇▇▇▇ or he may request the ▇▇▇▇▇▇▇ to do it for him. The employee will be present when the matter is discussed by the ▇▇▇▇▇▇▇ and the supervisor if the supervisor or the ▇▇▇▇▇▇▇ so requests. Any complaint or grievance in Step 1.
Step 2 filed by an employee beyond the five (5) day period indicated above will not be considered unless the employee is able to provide a reasonable explanation of the delay to Management. If the grievance complaint is not settled in Step 1satisfactorily disposed of verbally within twenty-four hours after its presentation, or such longer period as may be mutually agreed upon, the grievance Union Grievance Committee may, within eight (8) working days refer the grievance to the Manager's Committee.
15.03 The Union Grievance Committee will give the Manager's Committee at least five (5) working days after the response notice in Step 1, writing of any grievance to be presented in Step 2discussed. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or The Manager's Committee will meet with the Union representative and presented by the grievant and/or the Union representative to the Director Grievance Committee composed of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits not more than three (3) employees of the grievance shall Plant if there are grievances to be held within five (5) working daysdiscussed. The grievance in Step 2 shall be answered by the Employer Manager's Committee will give its answer in writing within five (5) working days after such a meeting. At this stage a full time representative of the meeting to discuss the grievance.
Step 3 If Union may be present when the grievance is being discussed if requested by either party.
15.04 If the decision of the Managers Committee is not settled in Step 2satisfactory, the grievance Union Grievance Committee may, within five eight (58) working days, refer the grievance to the Vice President of Human Resources, or such other person as he may designate. Within eight (8) working days of receipt of such notice, a meeting will be held with the Union Grievance Committee Composed of not more than three (3) employees of the Plant. An answer will be given within eight (8) working days after the response in Step 2such a meeting has been held. At this stage, be presented by the grievant and/or Union a full-time representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall Union may be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submissionpresent, if no settlement conference is requested. requested by either party.
15.05 The time limits for allowances provided in the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response above Articles may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of agreement. If the above-referenced steps.
SECTION 2. Any grievance shall be void which is time allowances or any mutually agreed on extensions are not presented for disposition through observed by the grievance procedure described herein within ten (10) working days of Union or by the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance ProcedureCompany, the grievance shall will be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so considered as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed advanced to the next stepstage.
SECTION 5. Any disposition 15.06 The aggrieved employee will be present for any discussions if requested by either party.
15.07 It is recognized that Stewards, members of a grievance from which no appeal has been taken within committees and Union Officers have regular duties to perform as employees of the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject Company.
(A) The Company acknowledges the right of the Union to select Stewards to assist employees in presenting their grievances to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 representatives of the Grievance Procedure.
SECTION 10Company. The parties acknowledge that as a principle number of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.such Stewards and
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1Section 14.1. A grievance is a dispute between defined as an employee claim against the Employer and the Union and/or the employees concerning arising out of the interpretation or and application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6Section 14.2. Anything The steps toward settlement of a grievance shall be as follows:
Step 1. An employee shall discuss any alleged violation orally with the employee's Corrections Captain or his/her designee within seven (7) calendar days following its occurrence in an effort to resolve the problem in an informal manner. Any Agreement reached at this oral first step of the procedure will not be precedent setting.
Step 2. If the oral discussion of the complaint or problem fails to resolve the matter, the aggrieved employee, with or without the assistance of the Employee Organization, shall present the grievance in writing to the contrary herein notwithstandingJail Administrator, citing specific provisions of the Agreement allegedly violated within seven (7) calendar days following the oral discussion. If the aggrieved employee is under the Jail Administrator's jurisdiction, the written grievance shall be submitted to the Jail Administrator. On or before the fifth working day following receipt of the written grievance, the appropriate officials will answer the grievance in writing.
Step 3. If the answer in Step 2 fails to resolve the grievance, the aggrieved employee shall submit the written grievance to the Sheriff or the individual acting on his behalf within seven (7) calendar days following receipt of the Step 2 answer for his consideration. On or before the fifth working day following receipt of the grievance, the Sheriff, or the individual acting on his behalf, shall answer the grievance in writing.
Step 4. If the Sheriff's or his designee's answer in Step 3 fails to resolve the grievance, upon recommendation of the aggrieved employee, the Employee Organization shall refer the grievance to the County’s Human Resources Director within seven (7) calendar days of the receipt of the Step 3 answer. Within fifteen (15) working days following the HR Director's receipt of the written grievance, both a meeting shall have been held between the HR Director and a representative of the Employee Organization, and the HR Director shall have answered the grievance in writing with copies to the grievant and the Employee Organization. The HR Director and the Employee Organization shall cooperate in the scheduling of their meeting so that the same may precede the deadline for the HR Director to issue a final answer by a minimum of ten (10) working days. However the parties may mutually agree to request the services of a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 mediator to assist in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 resolution of the grievance procedureprior to the Employer’s answer at any step or the scheduling of an arbitrator following the Step 4 answer. If the grievance mediation is not successful and the Employer has not answered the grievance at the applicable step the Employer’s answer will be provided within ten (10) calendar days of the mediation.
Section 14.3. If a grievance is not presented within any of the time limits specified in the steps set forth above and Article 20, but it shall not be subject to arbitrationconsidered waived and the Employer's last answer shall be final and binding. Time limits may be extended by mutual agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 15:01 The parties to this Agreement are agreed that it is of the utmost importance to adjust grievances as quickly as possible. A No grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed considered where the circumstances giving rise to it occurred or originated more than ten (10) days before the filing of the grievance.
5:02 Grievances properly arising under the Agreement shall be adjusted and disposed of settled as follows: Step No. 1 The aggrieved employee shall present his/her grievance in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s writing to his/her immediate supervisor or whichever management person made the grievable decision within five ten (510) working days after such grievance has arisen. The aggrieved employee may be accompanied by his/her committeeperson or Chairperson at the request of the occurrence or knowledge giving rise to the grievance, whichever is lateraggrieved employee. The Employer immediate supervisor shall respond to the employee or the employee’s Union representative give an answer in writing within five (5) working days after the presentation of such grievance. Should no settlement satisfactory to the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, aggrieved employee be reached within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the presentation aforesaid, the next step in the grievance shall procedure may be held taken within five (5) working daysdays thereafter. Step No. 2 The grievance shall be presented in writing by the aggrieved employee or their committeeperson to the Department Head. The grievance in Step 2 aggrieved employee may be accompanied by a Chairperson at the request of the aggrieved employee. The Department Head shall be answered by the Employer render a decision in writing within five (5) working days after the meeting to discuss presentation aforesaid, the grievance.
Step 3 If next step in the grievance is not settled in Step 2, the grievance may, procedure may be taken within five (5) working days after the response in thereafter. Step 2, be presented by the grievant and/or Union representative in Step 3No. 3 The grievance shall be presented in this step writing by the aggrieved employee or their committeeperson to the Director of Employee/Labor Relations and Workforce Compliance Department Human Resources or his or her designeedesignate. The Union may, upon submission Director of a grievance in Step Human Resources or designate and not more than three (3, request a settlement conference for the purpose of exchanging information in resolution ) representatives of the grievance. A settlement conference Hospital shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten seven (107) working days of submission from such presentation meet with the aggrieved employee, the departmental committeeperson or the Chairperson and the Local Officer of the grievance at Step 3Union. A representative of the National Union may also attend, if requested to do so by either the aggrieved employee, the Union or the Employer. The Employer Director of Human Resources or designate shall respond render his/her decision in writing within five (5) working days from such meeting and a copy thereof shall be mailed or delivered forthwith to the aggrieved employee and to the Union Office. Failing settlement under the foregoing procedure of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such difference or question may be submitted to arbitration as hereinafter provided and if no written request for arbitration is made within ten (10) days after the date of decision is given in Step 3, it shall be deemed to have been settled.
5:03 In the settlement conference or submission, if no settlement conference is requested. The time limits for the submission case of a grievance by alleging improper discharge of any employee employed within the employee/Union representativebargaining unit described in Article 1:01 of this Agreement, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement discharged employee shall submit his grievance in writing for no more than an additional five (5) working days at each to the Director of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein Human Resources or designate within ten (10) working days after the date of his discharge. The Director of Human Resources or designate shall convene a meeting with the aggrieved employee, the departmental committeeperson, the Chairperson and the Local Officer of the occurrence Union within ten (10) days after the date on which the Director of Human Resources or condition which it is claimed gave rise designate received the written grievance. The purpose of this meeting shall be to discuss and consider the grievance. The Director of Human Resources or designate shall deliver his decision in writing to the grievance.
SECTION Chairperson within three (3. Upon being submitted to Step 2 ) days after the date of the Grievance Proceduremeeting and a copy shall be mailed to the Union Office. If the written decision of the Director of Human Resources or designate is not satisfactory to the Union, the grievance shall may be reduced taken to writing. The written grievance must set forth all arbitration in accordance with the provisions of the following:
A. The date this Article and time when the grievance arose;
B. A statement Article 6 of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionthis Collective Agreement.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. 5:04 Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject referred to in the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything procedures within whic h any procedure is required to the contrary herein notwithstandingbe taken, a grievance concerning a dischargeor notice to be given, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be calculated exclusive of Saturdays, SundaysSundays and the religious and statutory holidays hereinafter recognized, and stated holidays as provided in Article 31and, and any other holidays officially recognized by for the Employer for Human Resources Department employeesaggrieved employee, his or her scheduled days off.
SECTION 8. 5:05 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or violation of the Agreement, which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee may be considered policy matters shall be originated in Steps 1 and 2 lack authority to settle, may initially be presented writing at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.within fourteen
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1The Employer acknowledgesthe rights and duties of the Union Officers and Stewards to assist Employees in preparing and presenting a grievance in with the Collective Agreement. A If an Employee believes she may have a grievance, she shall so advise her Supervisor in writing no later thanthirty (30) days after she became aware of or reasonably ought to have been aware of the circumstances giving rise to the complaint. The Employee may be accompanied by a Union representative if she so wishes at any meeting arranged with the Supervisor to discuss the complaint. The Supervisor shall give her written reply within five (5) days of either the receipt of the Employee’s letter or the meeting with the Employee if such a meeting takes place. Step Two cannot take place unless the Employee has complied with this paragraph. If the complaint is not resolved at Step One, a grievance is shall be set forth in writing,on a dispute between form agreed to by the Employer Parties,signed by the and a Union representative, and submitted by the Union to the Department Chair within twenty (20) working days from receipt of the Supervisor’s reply. At this point, the written grievance shall contain the details of the grievance, a statement of the matter in dispute, the specific ofthe Agreement thatallegedly has been violated, the relief sought and the common periods of availability of the and the Union and/or the employees concerning the interpretation or application of her. If Step One is not exercised pursuant to other provisions in this Article, a specific provision of this Agreement, and such grievances grievance shall be processed set forth in writing as above. The Department Chair shall a meeting with the and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall to discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision grievance within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation receipt of the grievance and shall give her reply in Step 1.
Step 2 If writing to the grievance is not settled in Step 1, and the grievance mayUnion representative, within five (5) working days after that meeting. If the response in grievance is not resolved at Step 1Two, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the a Union representative shall submit the grievance to the ▇▇▇▇ of the faculty in question within ten ( days of receipt of the Chair’s reply. The ▇▇▇▇ or her designated representative shall convenea meeting with the and presented by the grievant and/or the a Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after of the meeting to discuss receipt of the grievance.
Step 3 If , and shall give her reply in writing to the grievance is not settled in Step 2, and the grievance mayUnion representative, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsmeeting.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer Any or for dissatisfaction,arising and the Union and/or the employees concerning the interpretation or application of Company shall a specific provision of this Agreement, grievance and such grievances shall be processed with as speedily and disposed of effectivelyas possible, in the accordancc with following manner:
procedure. Step 1 An Any employee having a first discuss same with the shift Supervisor in the of a If decision of the foreperson is not satisfactory to the a grievance be submitted in writing to Human Resources Manager (or designate) by employcc and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (53) working days of the occurrence or knowledge giving rise to cause of the grievance, whichever is laterAny employee having a grievance with the shift Supervisor, may bypass part of “Step 1” and submit the grievance to the Human Manager (or designate) within two (2) working days of the cause of the grievance. The Employer shall respond Step Resources Manager (or with grievance and with the Committee to answer in to the employee or the employee’s Union representative within five not later than the fifth working day following day upon which the Human Resources Manager (or designate) received grievance. Step If the decision of Manager (or designate) is not satisfactory to the Union, the Chairperson on Shop (5) working days after days, may a meeting with the presentation of General Manager (or designate). General Manager (or designate) will with the grievance (and National Representative if the Union so chooses) within ten (10) working days. The General Manager (or designate) will answer in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance maywriting Union, within five (5) working days after meeting. expressed in this may be extended by of the response in Step 1, be presented in Step 2writing. When grievances are presented in Step 2, they shall be reduced to writing, signed by The of either the grievant and/or Company or the Union representative meet the time prescribed in this will result in the grievance being ruled in favour of the other party on a non-precedent setting basis. The time pursuant this at grievance is to the Human Resources Manager (or designate). Union Grievance or Company Grievance union policy filed by plant Chairperson or Company grievance may be submitted to the Company or the union, as the case may be, in writing. A meeting the Company and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5five) days presentation of written grievance or at such ocher time is mutually the Union and rake place within Company or Union, as the case may be, shall give its written decision within (five) days such meeting has held. If decision is unsatisfactory to grieving party grievance may be to arbitration within (ten) working days. The grievance in Step 2 of the of such written decision and the arbitration sections of this Agreement shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the followed. A policy grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department 2nd one alleges a general or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything and the provisions of this shall be used by to the contrary herein notwithstandinginstitute a policy grievance, a grievance concerning a discharge, suspension or demotion, health which of its nature and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, scope directly employee employees and which the Director of Nursing/Administrator such or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus should have If a Union representative, shall be released from work for determination is made that a grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated policy grievance should have as an individual or group pursuant to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions term of this Agreement, and formal counseling are the parties agree that such improper will not subject to review as grievances. Written reprimands may be appealed up to step 3 for dismissal of the the grievance procedurewill be to have been filed as an individual or group grievance, but as the may be. In such the Company be to an if and Union shall provide the Company with with respect to the individual grievance or group grievance, as the case may be. In regards to a policy grievance, arbitrator may such declaration as is appropriate. However, the does not be subject have jurisdiction to arbitrationaward compensation to employees.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute 23.01 Should any difference arise between the Employer Company and any of its employees as to the Union and/or the employees concerning the interpretation or meaning and application of a specific provision any of the terms of this Agreement, attachments and such grievances supplements, and only this Agreement, attachments and supplements, the following Grievance Procedure shall be processed and disposed of in the following mannercompiled with:
Step 1 23.01 (A) An employee having who believes that he has a justifiable grievance and/or may discuss the grievance with his ▇▇▇▇▇▇▇ or he may request to discuss the issue with his Committeeman. If an employee requests to first discuss the issue with his Committeeman, his ▇▇▇▇▇▇▇ shall make arrangements as soon as possible, but not later than four (4) hours after said request. If four (4) hours do not remain prior to the end of the employee’s Union representative shift, the request shall discuss it with be honored prior to the end of the employee’s immediate supervisor shift. An issue pertaining to arrangements will be immediately made as requested.
23.01 (A)
1) An issue brought to the attention of a committeeman shall be orally taken up with the ▇▇▇▇▇▇▇ of the department for adjustment, with the aggrieved employee present.
23.01 (B) If the grievance is not settled satisfactorily between the ▇▇▇▇▇▇▇ and the department Committeeman, it shall be jointly reduced to writing in triplicate by said parties. In reducing it to writing on the complaint form, the aggrieved shall state how, when, where facts of the grievance and the ▇▇▇▇▇▇▇ and Committeeman shall sign and date the form. Two (2) copies shall be forwarded by the ▇▇▇▇▇▇▇ to the Superintendent (or whichever management person made his designated representative). Within three (3) working days of the grievable decision date of the complaint form, the Superintendent (or his designated representative) shall meet with the Committeeman and shall give an answer to the grievance in writing.
23.01 (C) If the Superintendent’s answer at Step (B) above is not accepted by the Committeeman, the Chairman of the Shop Committee will submit to the Company a written grievance prepared by the committeeman which shall specify in the grievance the terms of the Agreement, attachment and supplement, within five (5) working days of receipt of the occurrence or knowledge giving rise Superintendent’s reply. The matter will then be placed on the agenda for the next monthly meeting scheduled pursuant to Section 4.03, except that at time it advises the Company that the reply was not acceptable, the Union may also request a special meeting for the handling of the particular grievance, subject to the grievance, whichever is laterparties’ practice of considering grievances in the order received. The Employer shall respond to In such a case the employee or the employee’s Union representative meeting will be scheduled within five (5) working days from the date of such request with agenda as provided in Section 4.03. The aggrieved employee shall be present in said meeting if requested by either party and shall be compensated for time lost at his regular straight-time hourly rate. Within five (5) working days after such meeting, the presentation Company will provide written answers to grievances considered.
23.01 (D) If no agreement is reached at this formal third-step meeting, the subject of the grievance in Step 1shall be considered to have exhausted the above outlined Grievance procedure and arbitration shall be the next step provided grievance is one which is subject to arbitration under the terms of this Agreement.
Step 2 23.02 Grievances alleging improper layoff of an employee, improper failure to recall, job evaluation, or rejection of posted job application shall be taken up directly with the manager of Human Resources or his designated representative. If the alleged grievance is not settled in Step 1settled, the Union shall be permitted to institute a formal grievance may, as the third step of the grievance procedure.
23.03 The time limits imposed on the Company for answering grievances and the time limits imposed on the Union for carrying a grievance to the next step may be extended by mutual agreement between the parties in writing.
23.04 Any grievance not carried to the next step within five (5) working days after will be considered settled on the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits basis of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievancelast disposition.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. 23.05 The Union may, upon submission of has the right to drop any grievance prior to arbitration without establishing a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsprecedent.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer 8.01 Subject to Clauses 8.03 and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement8.07, and such grievances shall be processed and disposed of in the following manner:
Step 1 An : With the exception of dismissal due to unsuitability or incompetence, as assessed by the Employer, of a probationary employee having or a grievance and/or part-time or temporary employee with less than six (6) months' service and subject to Clauses 8.03 and 8.07, an employee who alleges that they have a grievance, shall first present the employee’s Union representative shall discuss it with the employee’s matter to their immediate supervisor or whichever management person made the grievable decision through their Shop ▇▇▇▇▇▇▇ within five (5) working days of the occurrence or knowledge discovery of the incident giving rise to the alleged grievance. In cases where an employee's immediate supervisor is their permanent head, whichever is laterthe grievance may be submitted immediately at Step 3. The Employer shall respond to If the employee or the employee’s Union representative fails to receive a satisfactory answer within five (5) working days after of presenting the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in matter under Step 1, the grievance they may, within five (5) working days after present a grievance in writing to the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed second managerial level designated by the grievant and/or permanent head who will give the Union representative and presented by grievor a dated receipt. In instances where there is no second level of management other than the grievant and/or permanent head, the Union representative employee may submit their grievance at Step 3 within the prescribed time limits. If the employee fails to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority receive a satisfactory answer to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the their grievance shall be held within five (5) working days. The days after the filing of the grievance in at Step 2 shall be answered by the Employer in writing 2, they may, within a further five (5) working days after the meeting to discuss the grievance.
Step 3 If the submit their grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step writing to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union maypermanent head who, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. One of the grievanceEmployer's representatives shall chair the meeting(s). A settlement conference The committee shall be granted entitled to interview such persons as it deems necessary for the investigation of right. It is agreed that either party may or may not present witnesses at the discretion of either party during grievance and shall give its decision in writing to the settlement conference. The settlement conference shall be held grievor within ten (10) working days of submission receipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the matter is not mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the committee's deliberations, to the grievor, with a copy being sent to the Union.
8.02 If the grievance is still not satisfactorily settled by the foregoing procedure or if it is of the type referred to in Clause 8.03, either party to this Agreement may submit the grievance to arbitration in accordance with Article 9.
8.03 In the case of dismissals and suspensions pending dismissal, the grievance may be submitted in the first instance at Step 3 of Clause 8.01.
8.04 At all Steps of the grievance procedure the replies to grievances will be in writing and dated receipts of grievances will be given.
8.05 A full time representative of the Union may be called in by the employee(s) at any step of the grievance procedure.
8.06 The time limits specified in this Article may be extended, in writing, by mutual agreement of the parties.
8.07 Employees shall have the right to grieve against suspensions and alleged unfair treatment on promotion and transfer, and such grievances may be submitted in the first instance at Step 3. .
8.08 The Employer settlement of a grievance without reference to arbitration shall respond in writing within five (5) working days after be applied retroactively to the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each occurrence of the above-referenced steps.
SECTION 2. Any grievance shall be void action or situation which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance, unless the settlement states otherwise.
SECTION 3. Upon being submitted to Step 2 8.09 Where the Union has a grievance involving a question of general application or interpretation of the Grievance ProcedureAgreement, or where a group of employees has a grievance, the grievance shall may in the first instance be reduced to writing. The written grievance must set forth all submitted at Step 3 of the following:Clause 8.01.
A. The date and time when the grievance arose;
B. A statement 8.10 An employee who is a member of the grievance and facts;
C. The remedy requested;
D. The violation committee referred to under Step 3 of Clause 8.01, or the grievor, shall not suffer any loss in pay for any time lost in processing complaints or attending grievance meetings. However, such an employee shall not leave their regular duties for the purpose of conducting business on behalf of the specific provision Union or to discuss any business in respect of grievances without first obtaining permission from their permanent head. The employee will notify their immediate supervisor when returning to duty.
8.11 No grievance shall be defeated or denied by any technical objection occasioned by a clerical or typographical error, or by the agreement inadvertent omission of a step in the grievance procedure.
8.12 The Association and its representatives shall have the right to originate a grievance on behalf of an employee or group of employees and to seek adjustment with the Employer in the manner provided in the grievance procedure. Such grievance shall commence at Step 3.
8.13 Where an employee grieves against a suspension which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific detailssubsequently changed to dismissal, the employer is under no obligation any arbitration board appointed to accept deal with the grievance at step one and will return shall have jurisdiction to deal with the grievance so as to dismissal.
8.14 The employee concerned may be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance present at any step of the Grievance Procedure by the Employer must contain the reasons Procedure. Employees concerned shall suffer no loss of pay for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 spent in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 108.15 At any stage of the Grievance and Arbitration Procedure parties may have the assistance of the aggrieved employee as witness and any other witnesses. The Bargaining unit members shall not lose any pay or benefits while involved with the Grievance or Arbitration Procedure. All reasonable arrangements will be made to permit the conferring parties acknowledge that as a principle of interpretation, employees are obligated or Arbitrators to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for have access to view any working conditions which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up relevant to step 3 the settlement of the grievance procedure, but shall not be subject to arbitrationgrievance.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a A. Any disagreement or dispute between regarding the Employer and the Union and/or the employees concerning the application, meaning or interpretation or application of a specific any provision of this Agreement, and such grievances Agreement shall be processed and disposed of in resolved pursuant to the following mannerprocedure:
Step 1 An employee having a 1: The Union shall present the grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision in writing within five twenty (520) working days from the date the grievance occurred or when the Union should have reasonably known of the occurrence or knowledge giving rise occurrence, to the grievancedepartment head or, whichever is later. The Employer shall respond if the grievance arises in the school system, to the employee or the employee’s Union representative within five (5) working days after the presentation Superintendent of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2Schools. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within Within ten (10) working days of submission after receipt of the grievance at Step 3written grievance, the department head, Superintendent and/or his/her designee shall meet with representatives of the Union for the purpose of resolving the grievance. The Employer department head or Superintendent designee shall respond in writing within five provide a written answer regarding the grievance to the Union no later than twenty (520) working days after said meeting. In the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission cases of a suspension and/or discharge Step 1 may be waived and the grievance by may be filed directly at Step 2. A grievance alleging a violation of Article 5, 13, 14, 15, 21, 22, or 23 may be filed with the employee/Union representativeDirector of Labor Relations at Step 2. Formatted: Font color: Red
Step 2: If the grievance is not resolved at Step 1, or it is a Step 2 filing, the setting of a settlement conferenceUnion may, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the Step 1 response, or in the case of suspension and/or discharge within twenty (20) working days of the imposition of discipline, file the grievance with the First Selectman or designee. Within ten (10) LIUNA CBA 20169 - 201923 working days of receipt of said grievance the First Selectman or his/her designee shall meet with representatives of the Union. Within twenty (20) working days of such meeting the First Selectman or his/her designee shall provide a written answer regarding the grievance to the Union.
Step 3: If the grievance is not resolved and if it involved an alleged violation by the Town of an express provision of this Agreement, the Union may, within ten (10) working days of receipt of the Step 2 response, file the grievance in writing, with a copy to the Town, with the American Arbitration Association or American Dispute Resolution Center for selection of an arbitrator. Said Arbitrator shall hear and act upon the grievance in accordance with American Arbitration Association or American Dispute Resolution Center’s rules and the terms of this Agreement. The decision of the Arbitrator shall be final and binding upon all parties.
B. If the grievance is not filed at Step 1 within twenty (20) working days of the time the grievant knew or should have reasonably known of the act, occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon event being submitted to Step 2 of the Grievance Proceduregrieved, the grievance shall be reduced waived and there shall be no right to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;arbitration.
C. The remedy requested;arbitrator shall have no power to add to, subtract from or modify any of the provisions of this Agreement nor to imply any obligation on the Town or the Union which is not specifically set forth in this Agreement. Awards may not be retroactive beyond thirty (30) days prior to the date the grievance was filed at Step 1.
D. The violation of During the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection pendency of a grievance at any step of concerning separation from service or suspension, the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step employee shall be deemed a denial thereof, and the Union may proceed entitled to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursingkeep his/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except her insurance as set forth in Article 56 Safety 13(C) and Health (D) of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from Agreement in effect by making payments to the Arbitration procedure (Article 7) shall also be excluded from Town of the grievance procedure. Issues total amount of the insurance premiums for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreementhis/her coverage, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 if a final decision in favor of the grievance procedureemployee is rendered, but the Town shall not reimburse the employee for the total amount of insurance premiums paid by the employee less the employee’s required premium contribution. E The cost of arbitration shall be subject to arbitrationborne equally by the parties, however, each party shall bear the expenses of its own representatives and witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer Complaints and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of dealt with in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision manner and all grievances must be in writing and recorded within five (5) working days of the occurrence or knowledge giving rise to discovery of the alleged grievance, whichever is later. :
Step 1 The Employer shall respond to the employee or the employee’s Union representative ▇▇▇▇▇▇▇ shall first raise the complaint verbally with the Immediate Supervisor; and they will have five (5) days to reply. Failing settlement within five (5) days following the verbal decision, the grievor accompanied by the ▇▇▇▇▇▇▇ may take the matter up in written form with the Manager of Property/designate and they will have five (5) days to reply.
Step 2 Within five (5) working days after following the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled decision in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed employee accompanied by the grievant and/or Grievance Committee may take the Union representative matter up with the Superintendent of Business and presented by the grievant and/or the Union representative to the Director of NursingFinance/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held designate. Failing settlement within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five , then; Within fourteen (514) working days after following the meeting to discuss the grievance.
Step 3 If the grievance is not settled decision in Step 2, the grievance may, within five (5) working days after the response in Step 2, Union Grievance Committee may request that a meeting be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to convened with the Director of EmployeeEducation/Labor Relations and Workforce Compliance Department or his or her designeedesignate. The Union may, upon submission Director of a Education/Designate shall meet to hear the Union’s grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission receipt of the grievance Union’s request for the meeting. An Officer of the Union may be present at the Board’s Grievance Committee meeting. The Director of Education/designate after consultation with the Board shall render its decisions within thirty (30) working days. Failing settlement at Step 3, the Union may within seven (7) additional working days following the Board’s response refer the matter to Arbitration by giving written notice within seven (7) additional working days as hereinafter provided. Replies to grievances shall be in writing at all stages. The Employer Board shall respond supply the necessary facilities for Grievance Meetings. It is understood that the Union representative will be paid for their regular shift but will not be paid overtime while meeting to resolve grievances. At Step 2, the Union Vice-President/or designate living closest to the grievor, and the grievor will meet with the Regional Superintendent or their designate. At Step 3, the Union President, Vice-President, ▇▇▇▇▇▇▇ and grievor will meet with Board’s Grievance Committee. Note: Employees attending grievance meetings that are in writing within five excess of four (54) working days after the date of the settlement conference or submissionhours, if no settlement conference is requestedincluding travel time to and from meetings, will not be required to work their regular shift that day. The time limits employee will be paid for their regular shift but will not be paid overtime. It is understood that the grievance meeting in Step 3 will be held in the predecessor board office location closest to the grievor. If the Board decides to move the meeting to another location, the Board will pay the mileage for the submission of a grievance by grievor and Union Vice-President in one car. In certain circumstances the employee/Union representative, the setting of a settlement conference, or the Employer’s response meetings may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writingheld virtually. The written grievance must set forth all of Board will provide the following:
A. appropriate access to technology. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or Board will pay mileage for the Union representative. In the absence of these specific details, the employer is under no obligation President/designate to accept the grievance at step one and will return the grievance so attend meetings as to be properly completed. All Employer responses required outlined in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee accordance with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionboard practice.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between 16.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Employer Union and the Union and/or Company in accordance with the employees concerning the interpretation or application of a specific provision of procedures provided for in this Agreement, and such grievances shall every effort will be processed and disposed of in made by the following manner:parties to reach a mutually satisfactory agreement as quickly as possible.
Step 1 An 16.02 If an employee having wishes to have a grievance and/or the employee’s Union representative shall discuss or complaint taken up, it will first be taken up orally with the employee’s immediate supervisor or whichever management person made the grievable decision his Supervisor, within five (5) working days of the occurrence of the event(s) or five (5) working days from the time the employee had knowledge giving rise of the event and this occurred in a reasonable time frame. He may do this personally, with or without his ▇▇▇▇▇▇▇ or he may request the ▇▇▇▇▇▇▇ to do it for him. The employee will be present when the matter is discussed by the ▇▇▇▇▇▇▇ and the Supervisor if the Supervisor or ▇▇▇▇▇▇▇ so requests. If an employee has requested his ▇▇▇▇▇▇▇ to be a party to the presentation of the grievance, whichever the ▇▇▇▇▇▇▇ shall be present on any subsequent discussions of the grievance with the employee while the grievance is laterbeing processed, except that if such discussion takes place with the Manager's Committee, or during proceedings under Article 17, Arbitration, the employee may instead be represented by other representatives of the Union, as provided for in this Article. Any complaint or grievance filed by an employee beyond the five (5) day period indicated above will not be considered unless that employee is able to provide a reasonable explanation of the delay to Management. The Employer shall respond Supervisor will reply to the employee grievance orally within two (2) working days after its presentation or within any longer period which may be mutually agreed upon. If the employee’s Union representative Supervisor's answer is not satisfactory the grievance may be submitted in writing and given to the Manager within five (5) working days after the presentation of the grievance in Step 1Supervisor's response.
Step 2 If the grievance is not settled in Step 116.03 The Manager, the grievance maySupervisor, the grievor and ▇▇▇▇▇▇▇ will meet within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of grievance and attempt to reach a resolution. The Manager will reply to the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the
16.04 Any grievance requiring further processing from the meeting previous Section may be referred by the Union Grievance Panel to discuss the grievanceManager's Committee within five (5) working days of the grievance being committed to writing in the previous step. The Union Grievance Panel will give the Manager's Committee at least five (5) working days notice in writing of any grievance to be discussed. The Manager's Committee will establish a regular day on which, each week, it will meet with a Grievance Committee composed of not more than three employees if there are any such grievances to discuss, and will take up all grievances processed to this stage.
Step 3 If (a) Give an answer in writing covering the relevant points of the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response meeting has been held, or within any longer period which may be mutually agreed upon, or
(b) In cases where either party desires further investigation or discussion, again meet with the Union Grievance Panel within five (5) working days after the original meeting has been held, or within any longer period which may be mutually agreed upon. Where either party asks for a further meeting under this Section they may at the time the request is made notify the other party of any additional employee or management representative, who may he helpful in Step 2resolving the grievance, that they desire should attend such meeting. Where the Company requests such a meeting it will make an oral presentation of its decision, which will be presented promptly confirmed in writing. At this stage a full time representative of the Union may be present when the grievance is discussed if his presence is requested by either
16.05 The aggrieved employee will attend any of the meetings held between the Company and the Union in the processing of the grievance if requested by the grievant and/or Union.
16.06 If the time allowance provided for above and any mutually agreed upon extensions, are not observed by the Union representative or the Company then the grievance will be considered to have advanced to the next stage.
(a) It is recognized that Stewards, members of committees and Union Officers have regular duties to perform as employees of the Company.
(b) The Company acknowledges the right of the Union to select Stewards to assist employees in Step 3presenting their grievances to the representatives of the Company. The grievance shall number of such Stewards and the section within which each one may function will be presented in accordance with the Supplement attached to this step to Agreement.
(c) A ▇▇▇▇▇▇▇ will assist in the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission presentation of a grievance only in Step 3the section he represents, request except that if a settlement conference ▇▇▇▇▇▇▇ is absent from the Plant, or if during a temporary period no ▇▇▇▇▇▇▇ has been appointed, the area Chief ▇▇▇▇▇▇▇ may assist in presenting a grievance in that section.
(d) A ▇▇▇▇▇▇▇ must notify his Supervisor and give specific reason when intending to spend time in respect to a grievance, but the consent or agreement of the Supervisor is not required.
(e) A Union representative who is privileged by agreement to take up Union business in a section other than his own will first obtain the consent of the Supervisor of that section before contacting any employee in that section, but such consent shall not be unreasonably withheld.
(f) Union representatives will be expected not to absent themselves from the Plant during working hours for the purpose conduct of exchanging information in resolution Union business other than with representatives of the Company without first obtaining permission from the Company to be absent. Management will not withhold such permission unreasonably. At least a half shift's notice should normally be given of such request and the granting of such request will be subject to vital production requirements.
16.08 For recognized stewards, Plant Chairperson and two (2) members of the Bargaining Committee, the Company will pay for one hundred percent of the time
16.09 In those cases where it is mutually agreed by Management and Union representatives that an inspection of the job would be helpful in settling a grievance. A settlement conference shall be granted as , a sub‐committee of right. It is agreed the Union, composed of not more than two employees of that Plant shall, with representatives of the Management, make an inspection of the job.
16.10 If either party has a complaint with respect to a representative of the other or alleges that there has been a misinterpretation, violation or non‐application of this Agreement, or any of the provisions thereof, then either party may or may not present witnesses at give to the discretion other notice in writing of either party during the settlement conferencesuch complaint. The settlement conference shall be held within ten Within five (105) working days of submission receipt of such notice a meeting will be held between the Manager's Committee and representatives, not exceeding five (5) in number, of the grievance at Step 3Executive committee of the Local. The Employer shall respond party against whom the complaint has been made will give an answer in writing within five (5) working days after of this meeting. If the date matter is not thus settled to the mutual satisfaction of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response parties then it may be extended by mutual agreement further dealt with in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise a manner corresponding to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by outlined above and observing the Employer must contain same requirements as to time allowances. It is not the reasons for the rejection.
SECTION 4. Failure on the part intention of the Employer parties that this Section will be used to respond to a grievance at any step shall be deemed a denial thereof, and bypass the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from regular Grievance Procedure which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 is outlined in the first instance, within the time limit specified in Section 2 of this Articleprevious Sections.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION Step 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 : An employee having a grievance and/or complaint relating to the working conditions under which he is then working shall advise his ▇▇▇▇▇▇▇ or supervisor and may request the presence of his commit- teeman while doing so. Such ▇▇▇▇▇▇▇ or supervisor shall arrange for the attendance of the committeeman as soon as possible, and in no instance to exceed fifteen (15) minutes, and such committeeman shall be allowed to talk to the employees involved at the employee’s Union representative 's work station to ascertain the complaint. If the complaint is not settled to the satisfac- tion of the employee involved, the employee shall discuss it submit a grievance to the Senior Area Manager in writing on forms supplied by the company, either directly or through his com- mitteeman. It shall be optional to the Company to decline to consider any grievance the alleged circumstances of which originated or occurred more than five (5) working days prior to its presentation. The Senior Area Manager or the Human Resources Manager shall deal with the employee’s immediate supervisor grievance and deliver an answer in writing to the committeeman not later than the fifth working day next following the day upon which he received the grievance. If the grievance is not settled under Step the committeeman will within three (3) working days of the decision under Step or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise day the decision under Step should have been given, submit an appeal to the grievance, whichever is laterCompany. Thereupon the par- ties shall meet to discuss the grievance within one week after the appeal has been filed. The Employer Union shall respond be represented by the Plant Chairman, the committeeman involved in the filing of the grievance and the if he sires to be present. The Company shall give its written decision on the employee or the employee’s Union representative grievance within five (5) working days after following the presentation meeting. A National Representative or Representative of Local of the Union may be pres- ent and participate in any meetings of the Plant Committee and the Company. At no time may an employee or group of employees file a grievance on behalf of anoth- er employee. A "group grievance" is defined as a single grievance, signed by a committeeman on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance in pro- cedure commencing at Step 1.
Step 2 If The shall be listed on the grievance form. A "policy grievance" is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative defined as one which involves a question relating to the Director interpreta- tion, application or administration of Nursing/Administrator or designee, or with whomever is this agreement between the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations Company and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a policy grievance at any step of the Grievance Procedure may be submitted by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer either party to respond to a arbitration under Article bypass- ing Steps Such policy grievance at any step shall be deemed signed by a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care committeeman in the case of class grievances, no more than two (2) employees per shift, per unit, plus the Union or by a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 representative of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided Company in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 case of the grievance procedure, but shall not be subject to arbitrationCompany.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 8.1 The Corporation will recognize a "Union Committee" of two (2) employees and the Business Manager, or the Assistant Manager of the Union as an alternate to the Business Manager, as a Grievance Committee to deal with all grievances up to Step three (3) in the Grievance Procedure. The Corporation shall not recognize such Committee, or any member of such Committee, until notified of the Committee's membership by Registered Mail.
8.2 It is recognized that a grievance can be settled quickest and easiest between the regular employee or group of regular employees and his or their immediate supervisor. It is incumbent therefore that a regular employee(s) who feels that he has a reasonable complaint, shall first approach his immediate supervisor with a view to settling the difference(s) in an informal manner.
8.3 All written grievances referred to in this article shall include, as a minimum, a statement of the following:
1. A grievance is a dispute between The grievance
2. The part of the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:agreement violated.
3. The redress sought
8.4 Step 1 An - Any regular employee or group of regular employees having a grievance and having completed 8.2, shall make it known to the Grievance Committee and/or Chief ▇▇▇▇▇▇▇ or Unit Chairperson who shall meet to consider the employeeUnion’s Union representative course of action on the matter. The Grievance Committee shall discuss it with present the employee’s immediate supervisor written grievance to the ▇▇▇▇▇▇▇ or whichever management person made the grievable decision Superintendent within five (5) working days of the occurrence or knowledge incident giving rise to the grievance, whichever is later. The Employer shall respond or five (5) days after return to work of the party having the grievance, and the ▇▇▇▇▇▇▇ will then have five (5) working days following receipt of the grievance in which to render his answer in writing.
8.5 Step 2 - Failing a satisfactory settlement at Step 1, the Grievance Committee may take the grievance, in its original written form within five (5) working days, to the employee President who shall have five (5) working days in which to render a decision.
8.6 Step 3 - Each of the parties hereto agrees that any dispute or grievance, which has been carried through all Steps of the employee’s Union representative Grievance Procedure, which shall include a problem solving meeting of the Grievance Committee with appropriate Management personnel, and has not been settled to the mutual satisfaction of the parties hereto, will be referred to a Board of Arbitration.
8.7 The party requesting the Board of Arbitration shall notify the other party in writing, and at the same time will nominate its appointee to the Board of Arbitration. This action shall be taken within five (5) working days after the presentation of the grievance in decision of the President under Step 1.
Step 2 If the grievance is not settled in Step 1two (2). Within five (5) days thereafter, the grievance mayparty receiving the request will nominate its appointee to the Board of Arbitration. The two appointees, so selected, shall within five (5) working days after of the response in Step 1appointment of the second (2nd) of them, be presented in Step 2. When grievances are presented in Step 2, they appoint a third (3rd) person who shall be reduced the Chairman. The parties may by mutual agreement substitute a sole arbitrator in place of an arbitration board.
8.8 If the time limits imposed herein on the employee or to writingthe Union are breached, signed a grievance shall be deemed to have been abandoned. If a failure to reply within the time limits by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designeeCorporation takes place, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held automatically processed to the next step in the Grievance Procedure, or to arbitration, as the case may be.
8.9 If the party receiving the request for arbitration fails to appoint its arbitrator within five (5) working days. The grievance in Step 2 shall be answered by , or if the Employer in writing two arbitrators fail to agree on a third person to act as Chairman within five (5) working days after days, the meeting to discuss appointment shall be made by the grievanceOntario Ministry of Labour.
Step 3 If 8.10 No person shall be appointed as an arbitrator who has been involved in any attempt to settle the grievance being arbitrated.
8.11 The arbitrators or the Arbitration Board shall not have any power to alter or change any of the provisions of this agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement.
8.12 The Arbitration Board shall issue a decision and the decision is not settled in Step 2final and binding upon the parties and upon any employee(s) affected by it. The decision of the majority is the decision of the Arbitration Board, and if there is no majority, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution decision of the grievance. A settlement conference shall be granted as Chairman governs.
8.13 Each of right. the parties hereto will bear the expenses of the arbitrator it selects, and the parties jointly will bear the expense and remuneration of the Chairman of the Board of Arbitration.
8.14 It is agreed understood that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response as provided herein may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsparties.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A 21.5.1 The immediate administrative superior may respond in writing to each written grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five fifteen (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (515) working days after the presentation submission of the grievance in Step by the aggrieved party. If the aggrieved party is not satisfied with the written response of the immediate administrative superior the aggrieved party may file a written grievance to the Chief School Administrator within fifteen (15) working days. If no response is received within fifteen (15) working days from the administrative superior after the submission of the grievance, such aggrieved party may file a written grievance to the Chief School Administrator within fifteen (15) working days and day one (1) of this fifteen (15) working day period will begin on the sixteenth (16) working day after the original submission of the grievance to the administrative superior.
Step 2 If 21.5.2 The Chief School Administrator or his designated representative shall, upon request, confer with, the aggrieved parties with respect to the grievance and shall deliver to the aggrieved parties a written statement of his position with respect to it no later than seven (7) working days after it is received by him.
21.5.3 Within fifteen (15) working days of receipt of a determination under Step 2, the aggrieved may request a hearing before the Board of Education. The hearing will be scheduled at the earliest date mutually acceptable to the Board and the aggrieved party. The Board shall render its decision within ten (10) working days after the hearing.
21.5.4 In the event the aggrieved is not settled in Step 1satisfied with the decision of the Board of Education with respect to a grievance, the grievance it may, within five (5) working days after receiving the response in Step 1decision, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative submit a written notice to the Director Board to this effect. The Board and the aggrieved will then refer the grievance to arbitration by requesting PERB to propose the names of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits seven (7) arbitrators. Upon receipt of the grievance names of the proposed arbitrators, a designee of the Chief School Administrator and the Association shall be held within five (5) working days. The grievance in Step 2 shall be answered by strike names from the Employer in writing within five (5) working days after list until one ultimately is designated as the meeting to discuss the grievancearbitrator.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. 21.5.5 The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and arbitrator's decision will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed and will set forth his findings, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the aggrieved employee with a copy furnished to the Union. A rejection commission of a grievance at any step an act prohibited by law or which violates of the Grievance Procedure terms of this agreement. The decision of the arbitrator shall be binding. The arbitrator shall have no power to alter, add to or detract from the provisions of the agreement.
21.5.6 The cost of the services of the arbitrator will be borne equally by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, school board and the Union may proceed to the next stepAssociation.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation A. An employee who believes that he has been unjustly dealt with or application of a specific provision that any provisions of this AgreementAgreement have not been properly applied or interpreted, or against whom the Company has proffered charges in writing, may present his grievance through his representative, within seven (7) days to his supervisor who will evaluate the grievance or complaint and such grievances shall be processed and disposed render his decision as soon as possible but no later than seven (7) days following receipt of in said grievance. The supervisor must physically give the following manner:employee the grievance response.
Step 1 An employee having a grievance and/or B. If the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance supervisor is not settled in Step 1satisfactory, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held appeal within ten (10) working days to the Vice President of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference Maintenance or submissionhis designee, if who will render a decision as soon as possible, but no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more later than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days after the appeal is submitted to him. Responses will be sent to the grievant by certified mail return receipt requested to the grievant’s home address as provided by the employee on the grievance form. If mutually agreed with the Company and Local President, the Company may return the grievance physically to the grievant and will supply a confirming e- mail to the Local Union President.
C. If the decision of the occurrence Vice President of Maintenance or condition which it his designee is claimed gave rise not satisfactory to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedureemployee, the grievance shall and the decision thereon may be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed appealed to the aggrieved employee with a copy furnished to the Union. A rejection Envoy Air Inc. Boards of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons Adjustment as provided for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions in Article 22 of this Agreement; provided however said appeal is submitted within twenty (20) days of receipt of the decision rendered by the Vice President of Maintenance or by his designee. Once a grievance has been docketed for System Board, the Vice President of Maintenance or his designee and the Local Union President or his designee will meet in an effort to resolve the grievance prior to a System Board hearing.
SECTION 6. Anything D. Any grievances involving discharge only, will be submitted initially to the contrary herein notwithstandingsecond step, a as provided in section B of this Article. If the grievance concerning a discharge, suspension or demotion, health and safety or union rights is unresolved after such second step it may be presented initially at Step 3 submitted to the System Board of Adjustment, as provided in the first instance, within the time limit specified in Section 2 section C of this Article.
SECTION 7. E. All grievances processed under the procedures provided above will be in writing and will be signed by the employee whose grievance it is, and all decisions on said grievance will be in writing.
F. An employee who has a grievance and his representative may present the grievance during work hours without loss of pay for time so spent, but no more time than is reasonably necessary will be devoted to such presentation of grievance.
G. If the decision to be made by the Company under the provisions of this Article 21 is not made within the time limits prescribed herein specified shall for such decisions, the grievance will be deemed processed to the next step. If such untimely answers are a recurring problem at a given location / station the Local president can call for a panel review of the late answers. The panel will be exclusive composed of Saturdays, Sundays, the Senior Vice President of the department and stated holidays as provided in Article 31, the International Representative (or his designee) of the Union. Such panel will review the facts surrounding the late grievance answers and any other holidays officially recognized by issue a panel decision outlining the Employer for Human Resources Department remedy. Such remedy will be binding on the Company and the employees.
SECTION 8. A grievance which affects two (2) or more divisionsH. If, and which the Director as a result of Nursing/Administrator or designee a decision in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 any of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 steps of the grievance procedure, but shall not an employee is exonerated, all related disciplinary records will be subject to arbitrationremoved from the employee’s personnel file and balancing entries made. In addition, if he has been held out of service, he will be reinstated without loss of seniority, and he will be paid at his base rate of pay for his regularly scheduled hours.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance It is a dispute the mutual desire of the Parties hereto that complaint or cause for dissatisfaction arising between an employee and the Employer and with respect to the Union and/or the employees concerning the application, interpretation or application of a specific provision alleged violation of this AgreementAgreement shall be adjusted as as possible. It is generally understood that an employee has no complaint or grievance until either directly or through the Union, has first given Client Service Manager an opportunity to adjust the complaint. In this Article it is understood that the terms “Client Service Manager, General Manager and Human Resources Manager” used in this Agreement refer to the position or the equivalent position within each individual Employer’s organization. If, after registering the complaint with the and such grievances complaint is not settled within five regular working days or within any longer period which may have been agreed to by the Parties (in writing), then the following steps of the grievance procedure may be invoked: The grievance shall be processed submitted in writing to the Site Manager or management designate either directly or through the Union. The Site Manager or management designate shall meet with the employee and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein ▇▇▇▇▇▇▇ within ten (10) working days of the occurrence receipt of the grievance in an attempt to resolve the grievance. The Site Manager or condition which management designate shall within a further five (5) working days give answer on the grievance form and return it is claimed gave rise to the grievance.
SECTION 3. Upon being Union, If the decision of the Site Manager or management designate is not satisfactory, the grievance will be submitted to Step 2 the Employer within ten (10) working days. The Employer within fifteen (15) working days hold a meeting between the employee and the Union grievance committee, not to exceed three (3) in number and the appropriate representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the Union the may be present at this meeting if requested by either Party, The Employer shall within a further ten (10) working days give decision in writing, on the grievance form and return it to Union. The Employer shall not be to consider any grievance which is not presented within ten (10) working days after the or the Union first became aware of the alleged violation of the Agreement. Thereafter, the time limits in the Grievance Procedure shall be considered directory and not mandatory. If final settlement of the Grievance Procedureis not reached at Step Two, the Grievance may be referred in writing by either Party to Arbitration as provided in Article I at any time within five (55) days after the decision is received under Step Two. Employer grievances will be submitted directly to the servicing Staff Representative in the respective area. All time in this Article may be extended by mutual agreement of the parties, The Union agrees that all correspondence from the Union shall be on official letterhead. All policy and group grievances shall be submitted at Step within the time limits contained in Article Where stewards are required to attend meetings with the employer outside of regular hours of work, such time spent shall be considered time worked. For the purposes of this Article, call-in pay provisions contained in this Agreement shall not apply. Should final settlement of the grievance be reached and no written request to arbitrate be sent by facsimile or registered mail within the fifty-five (55) working days following receipt of the Employer’s response under Step Two, the grievance shall be reduced deemed withdrawn. For any grievance of a continuous nature, the Employer’s liability shall be limited to writing. The written grievance must set forth all thirty (30)days prior to the filing of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or grievance, provided that the Union representative. In the absence of these specific details, the employer is under no obligation has received notice pursuant to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A Section 1 Any grievance is a dispute which may arise between the Employer and the Union and/or the employees parties concerning the application, meaning or interpretation or application of a specific provision of this Agreement, and such grievances Agreement shall be processed and disposed of resolved in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond and his/her local unit grievance representative, if requested, within ten (10) calendar days after it arose or should have been known to the employee shall be reduced to writing on grievance forms provided by TFPP (which shall then be assigned a number by the Department of Labor Relations at the Association’s request), signed by the grievant and his/her local unit grievance representative, and presented to the Department Head or designee and the employee’s Union representative Department of Labor Relations or designee. A grievance so presented in Step 1 shall be answered in writing within five (5) working days after the presentation of the grievance in Step 1its presentation.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five ten (510) working calendar days after the response answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The A grievance shall be presented in this step to the Director Department of Employee/Labor Relations and Workforce Compliance Department or his or her designeeHuman Resources. The Union may, upon submission Department of Human Resources shall hold a grievance hearing within fifteen (15) calendar days and shall thereafter render a decision in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held writing within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsdays.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step Section 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer TFPP to respond to answer a grievance at any step shall not be deemed a denial thereofacquiescence thereto, and the Union Association may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding(a) Without waiving its statutory or management rights, a grievance concerning a discharge, suspension or demotion, health and safety or union rights on behalf of TFPP may be presented initially at Step 3 2 by notice in writing addressed to the first instance, within the time limit specified in Section 2 of this ArticleAssociation at its offices.
SECTION 7(b) When a disciplinary interview is scheduled, a nurse shall have the right to have an Association representative present at the meeting. All If requested, the nurse will be given sufficient time limits herein specified shall to contact an Association representative. When a written complaint is received and an investigation is begun with the employee who has been identified as the subject of the complaint, the employee will be deemed advised of his/her right to be exclusive representation. Section 4 An employee who has been suspended or discharged, or the Association on his or her behalf, may file within five (5) business days of Saturdays, Sundays, and stated holidays as provided the suspension or discharge a grievance in Article 31, and any other holidays officially recognized by writing in respect thereof with the Employer for Department of Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the foregoing Grievance Procedure.
SECTION 10. The parties acknowledge that as Association shall be notified on a principle timely basis of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreementany suspension or discharge.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. B. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. C. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. : • The date and time when the grievance arose;
B. arose • A statement of the grievance and facts;
C. ; • The remedy requested;
D. ; • The violation of the specific provision of the agreement which is claimed; and
E. and • Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. D. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. E. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. F. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. G. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. H. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. I. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10▇. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. K. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or and/ or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between 14.1 For the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision purpose of this Agreement, and such grievances the term "grievance" shall be processed and disposed of in the following mannerconsidered to be an employee or Guild complaint concerning:
Step 1 An a. Any disciplinary action, except for a verbal reprimand, and except for employees serving an initial probationary period who are discharged.
b. Any matter relating to the interpretation and application of this Agreement.
c. Any act or condition with reference to wages, hours or working conditions which the Guild or any bargaining unit employee having a believes violated any term of the Agreement.
a. Any alleged grievance and/or the employee’s Union representative shall discuss it be taken up with the employee’s immediate supervisor within 15 calendar days of its alleged occurrence or whichever management person made within 15 calendar days of when the grievable employee first had knowledge or should have had knowledge of the alleged grievance. The parties agree to make every effort to settle the grievance promptly at this level.
b. In the event the grievance is unresolved, the Guild and the employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein within five (5) calendar days of the meeting with the employee’s immediate supervisor. This selection remedy shall prohibit the employee from later choosing and proceeding with the other remedy. Should the employee choose to file an appeal with the Civil Service Commission, the Guild and the employee shall provide the City with written notice of such election.
Step 2: Should an employee choose to apply the following procedure in this Article, the grievance shall be reduced to written form by the aggrieved employee and the Guild stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and/or the Guild representative shall present the written grievance to the Chief of Police who will conduct a meeting with the employee and the Guild within ten (10) calendar days of receipt of the written grievance. The Chief of Police shall make a decision on the matter in writing within 15 calendar days from such meeting, and the Chief shall deliver such decision to the employee and the Guild.
Step 3: Any grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to the Mayor and/or their designee in writing within fifteen (15) calendar days whereupon they may conduct a meeting with the involved parties within 15 calendar days of the receipt of the written grievance. The Mayor and/or their designee shall render a decision within 15 working days of such meeting.
Step 4: If, after Step 3 above, the grievance remains unresolved, the Guild shall notify the City of their intent to submit the matter to a neutral arbitrator for final, binding resolution within fifteen (15) calendar days. Each party shall bear the costs of presenting their case. The Arbitrators' fee shall be paid by the losing party as determined by the arbitrator. If the parties are unable to select a mutually agreeable arbitrator within five (5) working days of receipt of the occurrence or knowledge giving rise Guild's written notice to the City to seek arbitration of the grievance, whichever is laterthe Guild shall request, PERC to provide a list of seven (7) arbitrators with offices in Washington and Oregon from which the parties shall alternatively strike names. The Employer order of striking shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1be determined by coin toss.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced 14.2 Time limits referred to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union mayArticle must be strictly adhered to, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response but may be extended waived by mutual agreement in writing for no more than an additional five (5) working days at each writing. It is the intent of the above-referenced steps.
SECTION 2. Any grievance parties that all procedures set forth herein shall be void which is not presented for disposition through complied with as expeditiously as practicable. Should the City fail to comply within the time allowed by this Article, the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise will be automatically advanced to the grievance.
SECTION 3next step. Upon being submitted If the Guild fails to Step 2 of comply with the Grievance Proceduretime allowed in this Article, the grievance shall be reduced deemed to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, have been abandoned and the Union may proceed right to the next stepgrieve is waived.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1All complaints or grievances arising under the provisions of this Agreement shall be dealt with as speedily and effectively as possible. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation If an employee, or application one designated member of a specific provision of this Agreementgroup, and has such grievances a complaint the employee shall first consult with the foreperson concerned who will to resolve it. Should the complaint remain it shall be processed and disposed of in the following manner:
Step 1 An employee having deemed a grievance and/or the employee’s Union representative shall discuss it and dealt with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. as follows: Step One The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writingwriting and the written grievance shall state the specific grounds on which it is based. The employee and a Committeeperson and/or ▇▇▇▇▇▇▇ shall then present the grievance to the foreperson concerned but it shall be optional to the Company to decline to consider any grievance the alleged circumstances of which occurred more than five working days prior to its presentation. In a case involving wages or benefits, the employee have thirty calendar days in which to lodge a grievance. The foreperson shall submit a written grievance must set forth all reply within two working days following his/her receipt of the following:
A. The date and time when grievance. Step Two If the forepersons’ reply is not acceptable, the Committeeperson and/or ▇▇▇▇▇▇▇ may appeal the grievance arose;
B. A statement to the Company Controller, not later than Iwo work days following receipt of said reply. The Company Controller will then deal with the grievance and, if war ranted, may convene a meeting between appropriate personnel and the Shop Committee. At such meeting a consultant may participate on behalf of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to National Representative may speak for the Union. A rejection of The aggrieved may be present if called by either party. Whether or not such a grievance at any step is held, the Company Controller shall render a decision in writing within five work days following his/her receipt of the Grievance Procedure appeal, unless this time is extended by mutual consent. Step Three If the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part decision of the Employer to respond to a grievance at any step shall be deemed a denial thereofCompany Controller is not accept able, and the Union may proceed to Chairperson of the next step.
SECTION 5. Any disposition Shop shall, within two work days following receipt of a grievance from which no appeal has been taken within decision, notify the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to Company President in writing that the grievance is unresolved. Within seven work days following receipt of such notification the Company President or the Company President’s representative shall arrange a meeting between the appropriate Company and arbitration provisions of this Agreement.
SECTION 6Union representatives to discuss and attempt to resolve the grievance. Anything to Within five work days following such meeting the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in Company President shall furnish the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 Chairperson of the Grievance ProcedureShop Committee with the Company’s of ‘the grievance, in writing.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Memorandum of Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between claim by an employee or the Employer and the Union and/or the employees concerning the interpretation Association that there has been a violation, misinterpretation, or application misapplication of a specific any provision of this Agreement, and such grievances shall be processed and disposed of in . In the following manner:
Step 1 An event that an employee having believes there is a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the basis for a grievance, whichever is later. The Employer shall respond to the employee shall first discuss the alleged grievance with his/her building principal or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 other appropriate supervisor either personally or accompanied by his/her Association representative. If the grievance is not settled in thus resolved, formal grievance procedures may be instituted.
Step 1, : The grievant may invoke the formal grievance may, within five (5) working days after procedure through the response Association on the form which will be available from the Association representative in Step 1, be presented in Step 2each building. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits A copy of the grievance form shall be held within five (5) working daysdelivered to the principal or appropriate supervisor. The If the grievance in Step 2 shall involves more than one school building, it may be answered filed with the Superintendent or a representative designated by the Employer in writing Superintendent. A grievance must be filed within five (5) working ten business days after of the meeting to discuss occurrence of which the grievant complains or within ten business days from the time the grievant first becomes aware of the grievance.
Step 3 If 2: Within ten business days of receipt of the grievance is not settled in Step 2written grievance, the grievance may, within five (5) working days after principal or designated supervisor shall meet with the response Association in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step an effort to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of resolve the grievance. A settlement conference The principal or designated supervisor shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission indicate his/her disposition of the grievance at Step 3. The Employer shall respond in writing within five (5) working business days after of such meeting and shall furnish a copy thereof to the Association.
Step 3: If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five business days of such meeting or within fifteen business days from date of the settlement conference or submissionfiling, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance whichever shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedurelater, the grievance shall be reduced transmitted to writingthe Superintendent. The written grievance must set forth all of Within ten business days the following:
A. The date and time when Superintendent or his/her designee shall meet with the Association on the grievance arose;
B. A statement and shall indicate his/her disposition of the grievance in writing within five business days of such meeting and facts;shall furnish a copy thereof to the Association.
C. Step 4: If the Association is not satisfied with the disposition of the grievance by the Superintendent or if no disposition has been made within the period provided above, the grievance, at the option of the Association, may be submitted before an impartial arbitrator. The remedy requested;
D. The Association shall exercise its right of arbitration by giving the Superintendent written notice of its intention to arbitrate within twenty business days of notice of receipt of the written disposition by the Superintendent. If the parties cannot agree as to the arbitrator within five calendar days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceeding. Neither the District nor the Association shall be permitted to assert in such arbitration proceeding any evidence or rely on any evidence not previously disclosed to the other party. Powers of the Arbitrator: It shall be the function of the arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one articles and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions sections of this Agreement.
SECTION 6. Anything The arbitrator shall have no power to the contrary herein notwithstandingadd to, a grievance concerning a dischargesubtract from, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and modify any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health terms of this Agreement.
SECTION 11. Any subjectsThe arbitrator shall confine his/her inquiry and decision to the specific area of the Agreement as cited in the grievance form. The arbitrator shall have no power to rule on any of the following, except written reprimandson matters of procedure: Any matter involving probation, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance proceduredischarge, nonrenewal, or evaluation. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 The decision of the grievance procedurearbitrator will be submitted to the District and the Association and will be final and binding upon the parties. Arbitration Costs: Each party shall bear its own costs of arbitration, but except that the fees and charges of the arbitrator shall not be subject to arbitrationshared equally by the parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between All grievances raised by an employee(s) over the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall Agreement will be processed and disposed of in raised promptly by the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision employee(s) concerned within five (5) working days of the occurrence or knowledge event giving rise to the grievancegrievance (in the case of a disciplinary suspension or discharge, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within this means five (5) working days after written notification is received by the presentation employee, with a copy to the Union at the same time). A settlement of the grievance will be attempted in accordance with the following procedure:
Step 1: The aggrieved employee, accompanied by the Shop ▇▇▇▇▇▇▇, will discuss the grievance with his supervisor. If there is no agreement, the Shop ▇▇▇▇▇▇▇ will request the Supervisor to provide his answer in writing. The supervisor will give his answer or decision in writing with a brief explanation by the end of the shift on the next working day after the discussion. If no answer is received within this time, the grievance will be moved to the Second Step.
Step 2 If 2: The Step 1 answer will settle the grievance, unless the grievance is not settled placed in Step 1writing (on grievance forms supplied by the Union), stating the grievance mayfacts, and dated and signed by the aggrieved employee and a member of the Grievance Committee and presented to the Human Resources Manager or designee within five (5) full working days of the delivery of the Step 1 answer. The Plant Superintendent or designate, the Supervisor, the Chairman of the Grievance Committee and the Grievance Committee will meet in an attempt to resolve the grievance. A Plant Superintendent or designate will then give his Step 2 answer in writing within two (2) full working days after such meeting.
Step 3: The Step 2 answer will settle the response grievance unless it is appealed in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed writing by the grievant and/or the Union representative and presented by the grievant and/or the Union representative Grievance Committee to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held Human Resources Manager within five (5) full working days. The grievance in days of the delivery of the Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievanceanswer. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall meeting will be held within ten (10) working days between the Grievance Committee, an International Union representative or his designate and the Area Manager or designate, or the Human Resources Manager or designate (and any of submission of his/her staff) and the grievance at Step 3Supervisor to discuss the grievance. The Employer shall respond Step 3 answer will be given in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1(a) An employee will not be disciplined or dismissed from service nor will entries be made against the employee's record without sufficient cause, and they will be entitled to a full, complete and clear written statement of the charges against them. A grievance is Any employee having been disciplined or dismissed from service, or their duly authorized representative, may file a dispute grievance.
(b) For the purposes of this Article, the term “working days” excludes Saturdays, Sundays and paid holidays.
(c) Part-time employees shall have access to the provisions of this article except with regards to dismissal.
9.02 Grievances arising between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of dealt with in detail in the following manner:.
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five Within three (53) working days of the occurrence or knowledge any incident giving rise to the a complaint or grievance, whichever is later. The Employer shall respond to the aggrieved employee or may orally discuss the employee’s Union grievance with their supervisor and may be accompanied if they so wish by a representative of the Union.
Step 2 Failing satisfactory settlement within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in discussion was held under Step 1, the grievance maygrievance, which shall be in writing and signed by the grieving employee, shall be submitted to the Manager. The Manager shall render a decision, in writing, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director receipt of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled Failing satisfactory settlement in Step 2, the grievance mayUnion shall submit the grievance, within five (5) working days after receipt of the response decision of the Manager, to the Director, Human Resources and/or designate, who shall hold a meeting with the employee and/or the grievance committee within ten (10) working days after submission of the grievance to the Director, Human Resources and/or designate. The Director, Human Resources, or designate, shall render a decision, in writing, within ten (10) working days after the meeting.
Step 4 Failing satisfactory settlement in Step 23 and upon mutual agreement of the parties in writing, the grievance may be presented by referred to mediation as provided in Article 9.08 or the grievant and/or Union representative may refer the grievance to arbitration in Step 3. The grievance shall accordance with Article 9.07, and written notice of such referral to arbitration must be presented in this step provided to the Director Employer within ten (10) working days after receipt of Employee/Labor Relations the decision of the Director, Human Resources, or designate. In the event the parties agree to Grievance Mediation and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for in not reached, the purpose matter may be referred to arbitration and written notice of exchanging information in resolution of such referral to arbitration must be provided to the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held Employer within ten (10) working days of submission completion of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsmediation process.
SECTION 2. Any grievance shall be void which 9.03 It is not presented for disposition through understood and agreed that the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to term “and/or designate” in Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitrationexclude the person or persons that dealt with the grievance in Step 2.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 122.01 The parties to this Agreement recognize the Stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
22.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) workdays after the subject of such grievance occurred. A grievance If the action or condition is of a dispute continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the Employer and parties hereto relating to the Union and/or the employees concerning the interpretation interpretation, application or application of a specific provision administration of this Agreement.
22.03 A “Group Grievance” is defined as a single grievance, and such signed by a ▇▇▇▇▇▇▇ or a CLAC Representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors shall be processed listed on the grievance form.
22.04 A "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 19, by- passing Steps 1 and disposed of 2. Such Policy Grievance shall be signed by a ▇▇▇▇▇▇▇ or a CLAC Representative, or in the following mannercase of an Employer's Policy Grievance, by such Employer or his representative.
22.05 Any employee contemplating filing a grievance is encouraged to speak to his Project Manager or the General Manager about the matter prior to filing a grievance. In the absence of such a discussion or resolution:
Step 1 An 1: Any employee having a grievance and/or will, accompanied by a ▇▇▇▇▇▇▇ or CLAC Representative, submit the employee’s Union representative shall discuss it with same in writing to the employee’s immediate supervisor or whichever management person made the grievable decision General Manager within five (5) working days workdays of the occurrence act or knowledge giving rise to condition causing the grievance. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Union Representative of his decision in writing.
Step 2: If the matter is not settled under Step 1, whichever is later. The Employer shall respond to the employee or the employee’s a Union representative Representative may within five (5) working work days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in decision under Step 1, the grievance may, or within five (5) working work days after of the response in Step 1day this decision should have been made, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by submit the grievant and/or the Union representative and presented by the grievant and/or the Union representative grievance to the Director of Nursing/Administrator or designeeVice-President or, or with whomever is in his absence, to the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting General Manager. The parties shall meet to discuss the merits of grievance within one (1) week after the grievance has been filed. Such Employer shall be held within five (5) working days. The grievance in Step 2 shall be answered by notify the Employer grievor and the Union Representative of his decision in writing within five three (53) working days after workdays following the meeting to discuss the grievancesaid meeting.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 117.01 Any difference, dispute or complaint arising from the interpretation, application, administration or alleged violation of this Agreement may constitute a grievance. Prior to the written grievance, the issue may be explored verbally by both the employee, the ▇▇▇▇▇▇▇ and the supervisor directly involved.
17.02 A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed taken up as follows: Step No 1 The employee (or group of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it employees), with the employee’s assistance of the ▇▇▇▇▇▇▇, shall take up the grievance in writing with the immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge date of the incident giving rise to the alleged grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance employee (s) concerned. The decision shall be held rendered in writing within five (5) working days. The Failing satisfactory resolution of the grievance in Step 2 at step no.1, the grievance shall be answered by submitted to the Employer Plant Manager or his designated representative within ten (10) working days. The Plant Manager and their designated representatives, and the Local Union Officers shall meet within ten (10) working days. The Company’s decision shall be delivered in writing within five (5) working days after such presentation by the meeting to discuss the grievance.
Step 3 If Union. Failing satisfactory resolution of the grievance is not settled in Step 2at step no.2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step submitted to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held Human Resources Representative within ten (10) working days of submission of the grievance at Step 3days. The Employer Human Resources Representative, the Plant Manager and their designated representatives, the National Union Representative and the Local Union Officers shall respond meet within fifteen (15) working days. The Company’s decision shall be delivered in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance such presentation by the employee/Union representative, Union.
17.03 Failing satisfactory resolution under the setting of a settlement conference, or above procedure the Employer’s response grievance may be extended by mutual agreement taken to arbitration.
17.04 Any grievance arising directly between the Company and the Union may be submitted in writing for no more than an additional by either party within five (5) working days at each of the above-referenced stepsdate of the incident giving rise to the alleged grievance and dealt with from Step no 2 of the grievance procedure.
SECTION 2. 17.05 Any grievance arising from a disciplinary suspension or termination shall be void which is not presented for disposition through submitted beginning at Step no2 of the grievance procedure described herein within ten five (105) working days of the occurrence or condition which it is claimed gave date of the incident giving rise to the alleged grievance. Should the grievance not be settled at this stage and arbitration is necessary, the arbitrator may:
a) Uphold the Company’s decision or,
b) Uphold the Union’s appeal and reinstate the grievor to his former position without loss of wages rate, benefits or seniority and with full pay for all time lost or,
c) Award such other penalty as the arbitrator may deem fair and proper.
SECTION 3. Upon being submitted to Step 2 17.06 Time limits provided under the grievance procedure are mandatory and may be extended only by mutual written agreement of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionparties.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1A. The District and the Association recognize the importance of a clearly defined procedure for processing grievances for employees included in the unit covered by this agreement. A The primary intention of this procedure is to resolve a grievance at the lowest possible level.
B. For the purpose of this agreement, a grievance is defined as a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision tenable claim that an express term of this Agreementagreement has been violated. No grievance will be entertained, and such grievances grievance will be deemed waived, unless a written grievance is presented at the first step [see (C), (2) below] within twenty (20) calendar days after the employee knew or should have known of the act or condition on which the grievance is based.
C. STEP 1: Presentation to Division Director
1. The aggrieved party shall first discuss the grievance with his/her Division Director, with the objective of resolving the matter informally. The aggrieved employee shall be processed required to advise his/her Division Director that the meeting regards a grievance which, in this instance, is to be discussed informally.
2. If the grievance is not resolved informally, it shall be reduced to writing and disposed presented to the Director. Within five (5) calendar days after the written grievance is presented to him/her, the Director shall render a decision thereof, in writing, and present it to the unit member, his/her representative and the Association.
D. STEP 2: Submission of Written Grievance to Superintendent
1. If the unit member initiating the grievance is not satisfied with the decision of the Division Director at the conclusion of Step 1 and wishes to proceed further under this grievance procedure, the unit member shall, within seven (7) calendar days, present the grievance to the Association's Grievance Committee for its consideration.
2. If the Grievance Committee determines that the unit member has a meritorious grievance, then the Association will file a written grievance of the decision at Step 1 with the Superintendent within twenty (20) calendar days after the unit member has received the written decision from the Division Director. Copies of the written decision at Step 1 shall be submitted with the appeal. The written appeal shall contain the following information:
a) The specific article, sentence, or clause of this agreement alleged to have been violated.
b) Specific remedy requested in reference to said violation.
c) Sufficient facts stated in the following manner:written grievance which, if true, would substantiate the alleged violation as stated above. Such allegation of facts shall include the precise time, place and identity of the party responsible or involved with such violation. Any factual allegation or provision of the agreement that is not stated in the grievance document shall not be raised or presented to the District at later stages of the grievance procedure.
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it 3. The Superintendent, or his/her designee, will meet with the employee’s immediate supervisor or whichever management person made Association to discuss the grievable grievance and gain more information which may be necessary over and above the written grievance. In any case, the Superintendent shall render his/her decision on the written grievance within thirty (30) calendar days of receipt.
E. STEP 3: Submission of Written Grievance to Board In the event that the Association is not satisfied with the decision of the Superintendent, the Association may then file the written grievance and decision of the Superintendent with the clerk of the Board within five (5) working calendar days of receipt of the occurrence or knowledge giving rise to the grievance, whichever is laterSuperintendent's determination. The Employer shall respond to the employee Board, or the employee’s Union representative within five (5) working days after the presentation a committee of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1Board, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which will schedule a meeting to discuss with the merits aggrieved party and the Association within thirty (30) calendar days of receipt of the grievance shall be held within five (5) working daysrequest for Board review. The Board shall answer the written grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held filed with it within ten (10) working calendar days of submission following the meeting. The President of the grievance Board of Education, may at Step his/her discretion, appoint three (3. The Employer shall respond in writing within five (5) working days after the date or more Board of the settlement conference or submission, if no settlement conference is requested. The time limits Education members to act for the submission Board of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise Education pursuant to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreementparagraph.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 117.1 The parties to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. A Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance is a dispute between the Employer matters and the Union and/or agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances.
17.2 The Grievance Procedure shall apply equally to grievance lodged by a group of employees concerning the interpretation and be processed as an individual grievance.
17.3 An employee who believes that he/she has been or application of a specific is being unjustly dealt with, or that any provision of this Agreementthe Collective Agreement have not been complied with shall within (5) calendar days of the alleged non-compliance, meet with his/her supervisor (and with his/her Union Representative, if he/she so desires) to discuss his/her concerns. Only after meeting with his/her supervisor, and such grievances if the matter is not settled satisfactorily, may the employee proceed with a grievance at Step One. The following steps in the Grievance procedure shall apply: The grievance shall be processed in writing. The Local President or his/her designate (i) shall submit the grievance to the Director, Human Resources (or the Company’s designate) and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative (ii) shall discuss it meet with the employee’s immediate supervisor direct manager and the Director, Human Resources (or whichever management person made the grievable decision within five (5his/her designate) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working calendar days from the date the grievance was submitted. The Director, Human Resources (or the Company’s designate) shall respond to the grievance in writing within ten (10) calendar days after the meeting. Within ten (10) calendar days of submission receipt of the response under Step One, the Local President or his/her designate may appeal the case to the Chief Operating Officer and/or designated Management employee of the Company and the Director, Human Resources or his/her designate. The Chief Operating Officer and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered by the Company within fifteen (15) calendar days of the meeting. Should the Union disagree with the decision stated in Step Two, the Union may, within sixty (60) days, advise the Chief Operating Officer and/or designated Management employee of the Company by letter of the Union’s intention to refer the grievance to arbitration in the manner prescribed in Article 17. The Chief Operating Officer and/or designated Management employee upon receipt of the letter will respond within ten (10) calendar days if he/she decides to change the decision rendered in the particular case.
17.4 All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing.
17.5 In cases when an employee is investigated as a result of an alleged misdemeanour, the Director of the related department or their designated representative and/or the Director, Human Resources (or the Company’s designate) will investigate the incident with all related parties prior to the issuance of a formal document.
17.6 An employee who had completed his/her probationary period will not be disciplined in excess of a written reprimand without a proper hearing.
17.7 Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on his/her record.
17.8 Any formal entry which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one
(1) year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local President or his/her designate at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file.
17.9 Any discipline assessed will be imposed without delay. No employee shall be disciplined on his or her day(s) off unless termination is contemplated.
17.10 In case of discipline involving potential suspension the Director, Human Resources (or the Company’s designate) shall meet with the Local President or his/her designate, the employee and his/her Supervisor, to discuss the offence in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local President or his/her designate will be provided with a copy. Unless the nature of the offence warrants it, the employee will not be held out of service pending discipline.
17.11 When the nature of the alleged offence is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against him/her for a period longer than three (3) working days, unless mutually extended by the Local President or his/her designate and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or his/her representative shall be given in writing a complete list of the charges against him/her and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence and/or available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support his/her case. The employee must also be represented by the local Union representation, and/or an accredited representative of Unifor. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. If the employee is not satisfied with the decision, he/she may process his/her case further, commencing at Step Two of the grievance procedure.
17.12 Should the employee be exonerated, he/she shall be paid at his/her regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offence.
17.13 The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step 3One of the grievance procedure.
17.14 Where a grievance other than one based on a claim for unpaid wages is not progressed by Unifor within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure.
17.15 When a written grievance based on a claim for unpaid wages is not progressed by Unifor within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The Employer application of this rule shall respond in writing within five (5) working days after the date not constitute an interpretation of the settlement conference or submission, if no settlement conference is requested. Collective Agreement.
17.16 The time limits for as provided under this Article will apply equally to grievances originating with the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response Company and may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepswriting.
SECTION 2. Any grievance shall be void which 17.17 Where the term "calendar days" is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievanceused, Saturdays, Sundays and holidays are excluded.
SECTION 3. Upon being submitted 17.18 Employees will be granted reasonable access to Step 2 of the Grievance Procedurehis or her discipline file at least once per year, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date at a mutually agreed upon time and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 presence of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union an employee representative.
SECTION 9. In order 17.19 The Company agrees that when and Employee is called to minimize a meeting and if the disruption to patient care in the case of class grievancesEmployee requests Union representation, no more than two (2) employees per shift, per unit, plus a Union representative, such representation shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Proceduregranted.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 124.01 Every effort will be made to resolve differences before grievances are filed. A Failing that, the parties agree that grievances and grievance is a dispute meetings should be treated as opportunities for mutual problem solving. Should any difference arise between the Employer Company and the Union and/or any of the employees concerning from the interpretation interpretation, application, administration or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The alleged violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, an ▇▇▇▇▇▇▇ effort will be made to settle such grievance without undue delay. All grievances, in order to settle them as quickly as possible, will have to be submitted to the Company representative within fourteen (14) calendar days of the occurrence of the incident which gave rise to the grievance and formal counseling are not subject shall be dealt with as hereinafter provided. Every reasonable effort will be made to review as grievancesschedule Step 1 and 2 grievance meetings during the griever's working hours. Written reprimands may Failing that, every reasonable effort will be appealed up made to step 3 hold the meeting immediately before or after the griever's working hours. Also, every effort will be made to include all involved parties (original ▇▇▇▇▇▇▇, supervisors, etc.) in all steps of the grievance procedure.
24.02 Step 1 -- Any employee with a personal grievance must take the matter up with his front line supervisor accompanied by a Union ▇▇▇▇▇▇▇ of his choice from his own department. Consistent with the parties' intent to empower stewards and supervisors, but Step 1 resolutions will be made without prejudice or precedent.
24.03 Step 2 -- Failing satisfactory settlement within seven (7) calendar days after presentation at Step 1, the chief ▇▇▇▇▇▇▇ and/or ▇▇▇▇▇▇▇ shall meet with the department superintendent and present the case to him with the griever, if desired. Such meeting with the department superintendent shall take place within seven (7) calendar days of completion of Step 1.
24.04 Step 3 -- Failing satisfactory settlement within seven (7) calendar days after Step 2, the Grievance Committee shall present the matter to the appropriate manager or his designated representative within seven (7) calendar days thereafter. This designated representative is not to be subject the same individual who replied at Step 2. The Union representative or Business Agent may be present at this step. The griever and/or a department representative may also be in attendance. Such meeting with the manager or his designated representative shall take place within seven (7) calendar days of notification or at a time mutually agreed upon.
24.05 Step 4 -- If settlement is not made within seven (7) calendar days under Step 3, the Grievance Committee may refer the grievance to arbitration.an Arbitration Board within thirty (30) calendar days after the answer in writing in
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 123.01 The parties to this Agreement recognize the stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
23.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. A grievance If the action or condition is of a dispute continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the Employer and parties hereto relating to the Union and/or the employees concerning the interpretation interpretation, application or application of a specific provision administration of this Agreement, and such . The procedure for processing grievances shall be processed and disposed of in the following manneras follows:
Step 1 An Should the employee having a grievance and/or the employee’s Union representative shall discuss it be dissatisfied with the employeeimmediate supervisor’s disposition of the complaint, the employee may, with the assistance of his ▇▇▇▇▇▇▇, refer such matter on a written grievance form supplied by the Union to their immediate supervisor no later than five (5) working days from the date of the verbal reply of the immediate supervisor. The complaint shall constitute a formal grievance at Step 1. The immediate supervisor shall answer the grievance in writing within three (3) working days. The grievance shall contain a brief statement of the nature of the grievance, indicate the relief sought and be signed by the employee or whichever management person made the grievable decision employees involved.
Step 2 Should the employee be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to the Management Committee, within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is laterimmediate supervisor’s reply. The Employer Management Committee, shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of answer the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Should a meeting be required at Step 2 2, the Union ▇▇▇▇▇▇▇ shall be answered by in attendance.
Step 3 Should no settlement be reached at Step 2, the Employer in writing Grievance Committee and representatives of management, shall meet within five (5) working days after of receipt of the meeting reply of the Management Committee to discuss the grievance.
Step 3 . If the grievance is not settled in Step 2, the grievance may, within five (5) working days after days, it may be referred to arbitration as hereinafter provided.
23.03 A “Group Grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC representative on behalf of a group of employees who have the response in same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 2, be presented by the grievant and/or Union representative in Step 31. The grievance grievers shall be presented in this step listed on the grievance form.
23.04 A “Policy Grievance” is defined as one, which involves a question relating to the Director interpretation, application or administration of Employee/Labor Relations and Workforce Compliance Department or his or her designeethis Agreement. The Union may, upon submission of or the Employer may initiate a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance Policy Grievance beginning at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 3 of the Grievance Procedure, the . Such grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken filed within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. 5.1 A grievance is shall mean a dispute between the Employer and complaint by an employee or group of employees or the Union and/or that, as to him, her, them, or it, there has been a violation, misinterpretation or misapplication of the employees concerning the interpretation or application of a specific provision provisions of this Agreement, and such .
5.2 Adjustment of all grievances shall be processed and disposed sought as follows, except that grievances over a disciplinary action may, at the discretion of in the following manner:Union, be started at Step 3 of this Section.
Step 1 An 1: The aggrieved shall first submit his grievance in writing to the Department Head within ten (10) days after the occurrence giving rise to the grievance or after the employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor knew or whichever management person made the grievable decision within five (5) working days reasonably should have known of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to setting forth the employee or the employee’s Union representative within five (5) working days after the presentation facts of the grievance grievance, the Contract provisions in Step 1.
Step 2 If question, and the grievance is not settled in Step 1remedy requested. In the case of grievances filed by the Union, the grievance mayshall include the names of the affected employees, within five if such information is available to the Union. Within seven (57) working days after the response in Step 1said Department Head receives such grievance, be presented in Step 2. When grievances are presented in Step 2, they he or his designated representative shall be reduced arrange to writing, signed by the grievant and/or and shall meet with representatives of the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information adjusting or resolving such grievance. The Department Head or his designated representative shall give the Union his answer to the grievance in resolution writing no later than seven (7) days after the grievance hearing.
Step 2: If it is not satisfied with the answer of the Department Head or his designated representative to the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at , the discretion of either party during the settlement conference. The settlement conference shall be held Union, within ten (10) working days of submission after it receives such answer, may submit such grievance in writing to the Town Manager. Within seven (7) days after said Town Manager receives such grievance, he or his designated representative shall arrange to and shall meet with the representatives of the grievance at Step 3Union for the purpose of adjusting or resolving such grievance. The Employer Town Manager or his designated representative shall respond give the Union his answer to the grievance in writing within five seven (57) working days after he hears such grievance.
Step 3: If it is not satisfied with the date answer of the settlement conference Town Manager or submission, if no settlement conference is requested. The time limits for his designated representative to the submission of a grievance by the employee/Union representativegrievance, the setting of a settlement conferenceUnion, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days after it receives such answer, or within ten (10) days after an employee is suspended, reduced or discharged, may submit such grievance in writing to the Personnel Board. Said Board shall hear and act on such dispute in accordance with its rules of procedure and render a decision within thirty (30) days of the occurrence or condition which it is claimed gave rise to hearing. Such hearing shall be before the grievance.
SECTION 3full Board, unless the parties otherwise agree in writing. Upon being submitted to Step 2 Such hearing may be before an odd-numbered majority of the Grievance Procedure, Board unless a full Board is requested by the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time Union when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific detailssubmitted, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure or by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken Town within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) working days thereafter. If an even number of Board members is present, one shall be excused by lot or more divisions, and which other mutually agreeable procedure. Either the Director of Nursing/Administrator Town or designee in Steps 1 and 2 lack authority the Union may elect to settle, may initially be presented at waive Step 3 of the grievance procedure and proceed to Step 4 within the ten (10) days after receipt of the Step 2 response.
Step 4: If either the Town or the Union is not satisfied with the decision of said Personnel Board on any grievance, either party may, within ten (10) days after receipt of such decision, submit such grievance to arbitration. Arbitration shall be by the Union representative.
SECTION 9. In order to minimize the disruption to patient care Connecticut State Board of Mediation and Arbitration, except in the case of class grievancesgrievances involving discharges, no more than two (2) reductions in rank or compensation, and suspensions without pay, which may be submitted to the American Arbitration Association at the option of the Town. If the Town elects to use the American Arbitration Association, it shall bear the cost of the services of that Association. The decision of the Arbitrators shall be final and binding on both parties.
5.3 The time limits provided for in Section 5.2 of this Article may be extended by agreement of the parties. As used throughout this Article, the term "days" refers to calendar days, unless otherwise specified.
5.4 All grievances and answers thereto shall be set forth in writing.
5.5 The number of bargaining unit employees per shift, per unit, plus a Union representative, shall who may be released from work for duty with pay in order to present grievances, under Section 5.2 of this Article, shall not exceed two at any one time, unless the attendance of additional witnesses is required.
5.6 Nothing contained herein shall prevent any employee from presenting his own grievance meetings under and representing himself in Steps 1 and 2 through 3 of these procedures.
5.7 The Union business agent may submit a written request for specific factual information, as related to a disciplinary action case, from the Department Head. The Department Head will make such requested data available to the business agent.
5.8 Failure at any step to appeal shall be considered acceptance of the Grievance Proceduredecision rendered.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between A. For the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision purpose of this Agreement, the term "grievance" means any dispute between the Company and such grievances shall the Union, or between the Company and any employee, concerning the effect, interpretation, application, and claim of breach or violation of this Agreement. Grievances must be processed and disposed of filed in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of writing promptly after the occurrence or knowledge giving rise to the grievancegrievance is evident and in any event within fifteen (15) calendar days (excluding Saturdays, whichever is laterSundays, and Holidays) after such occurrence.
B. The Union will be represented by properly designated stewards, one for each department. In addition, the Union will be represented by a Local Committee of not more than two (2) members, one (1) of whom will be designated as Chairman. The Employer Union will be further represented by the President and Directing General Chairman, District Lodge 142 and/or his/her designee for dealing with the general officials of the Company.
C. All grievances, except for disciplinary and discharge cases, shall respond be settled on a quarterly basis in accordance with the following procedures:
STEP 3: The grievance shall be taken up by the Shop ▇▇▇▇▇▇▇ or, in the case of a department or section thereof for which there is no ▇▇▇▇▇▇▇ or Committeeman, the aggrieved party and the supervisor of the department involved. The supervisor shall give his answer to the employee or grievance to the employee’s Union representative Shop ▇▇▇▇▇▇▇ and/or Committeeman within five three (53) working days after the presentation of the grievance following its discussion in Step 1.
Step 2 this Step. If the grievance is not satisfactorily settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writingwriting on a form identical to Schedule C, signed by the grievant and/or the Union representative aggrieved employees and presented may be referred by the grievant and/or the Local Union representative Committee to the Director of Nursing/Administrator Department Manager or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working dayshis designated representative. The grievance in Step 2 shall appeal must be answered by the Employer made in writing within five (5) working days workdays after the meeting Step 1 decision, and the actual appeal must be presented at a hearing within seven (7) workdays from the date of appeal to discuss Step 2. A written decision will be rendered by the grievance.
Step 3 Company within four (4) workdays after adjournment of the hearing. If the grievance is not satisfactorily settled in Step 2the preceding steps, the grievance mayUnion's President-General Chairman, within five (5) working days after or his designee, may refer the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step matter to the Director of EmployeeVice President/Labor Relations and Workforce Compliance Department General Manager, or his or her designee. The Union may, upon submission notice of a grievance intent to appeal the matter to Step 3 must be made in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held writing within ten (10) working days of submission of after the grievance at Step 32 decision. The Employer shall respond in writing within five (5) working days after Vice President/General Manager or his designee will meet with the date of Union's President-General Manager or his designee, at the settlement conference or submissionearliest possible time, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more but not later than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days after receipt by the Vice President/General Manager and endeavor to reach a settlement of the occurrence issues involved in the matter appealed. If unable to resolve the issues, the Company shall issue a written decision setting forth its position on the issues. In no event shall such written decision be issued later than five (5) workdays from the date of this meeting. In the event the grievance is not satisfactorily settled in the preceding steps of the procedure, the Union shall notify the Company in writing within ten (10) days following the date of the Company's answer in Step 3, of its desire to process the grievance to arbitration in accordance with the provisions of this Agreement. In lieu of using arbitration in Step 4, grievance mediation would be utilized as follows:
1. The parties shall submit a joint request, signed by both parties requesting Federal Mediation and Conciliation Services (FMCS) assistance. The parties agree that grievance mediation is a supplement to, and not a substitute for, the steps of the contractual grievance procedure.
2. The grievant is entitled to be present at the grievance mediation conference.
3. Any time limits in the parties labor agreement must be waived to permit the grievance to proceed to arbitration should mediation be unsuccessful.
4. Proceeding before the mediator will be informal and rules of evidence do not apply. No record, stenographic or condition which tape recordings of the meetings will be made. The mediator's notes are confidential and content shall not be revealed.
5. The mediator shall conduct the mediation conference utilizing all of the customary techniques associated with mediation including the use of separate caucuses.
6. The mediator has no authority to compel resolution of grievance.
7. In the event that no settlement is reached during the mediation conference, the mediator may provide the parties either in separate or joint session with an oral advisory opinion.
8. If either party does not accept an advisory opinion, the matter shall then proceed to arbitration in the manner and form provided in their collective bargaining agreement. Such arbitration hearings will be held as if the grievance mediation effort had not taken place. Nothing said or done by the parties or the mediator during the grievance mediation session can be used against them during arbitration proceedings.
9. When the parties choose FMCS and the grievance mediation procedure, they have agreed to abide by these guidelines as established by FMCS, and they agree to hold FMCS and the mediator appointed by the Service to conduct the mediation conference harmless of any claim of damages arising from the mediation process.
10. The parties may stipulate to accept the mediator's opinion as final and binding upon the parties. Notwithstanding the provisions set forth in the preceding portion of this paragraph (c), it is claimed gave agreed that the grievances involving a discharge or disciplinary suspension shall be presented, in writing, in Step 2 of the grievance procedure within ten (10) days following the occurrences of the event giving rise to the grievance.
SECTION 3. Upon being submitted Grievances which are not presented within the applicable time limits shall be considered withdrawn. In the event the Company fails to Step 2 of the Grievance Proceduregive an answer within an applicable time, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed automatically progress to the next step.
SECTION 5. Any disposition step of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided It is understood and agreed that any of the time limits set forth in the Code grievance procedure may be extended by written agreement between the Company and the Union.
▇. ▇▇ authorized representative of the Union shall be permitted to visit the office of the Company at all reasonable hours and after notifying a representative of the Company, designated by it for Administrative Orders of Miami-Dade Countysuch purposes, and/or Public Health Trust Personnel Rules and other provisions of will be permitted to visit the Company's shop during working hours to investigate any grievance arising under this Agreement, but he shall in no way interfere with the progress of the work.
E. It is agreed that the Company and formal counseling are not subject the Union will make every effort to review as keep to a minimum the actual time spent in disposing of disputes or grievances. Written reprimands When the Stewards or Committeemen are required to leave their work for the purpose of investigating, presenting and adjusting grievances, they will first obtain the permission of their immediate supervisor, or other responsible supervisor, before leaving their work and will again report to him upon their return. It is understood that grievances will not be processed in the presence of customers. No employee, ▇▇▇▇▇▇▇, or Committeeman shall suffer any loss of earnings while participating in any hearing or investigation.
F. Probationary employees shall not have recourse to the grievance procedure in the event of discharge or suspension within the probationary period. No employee who has completed his probationary period shall be discharged or placed on disciplinary layoff, or disciplined without a fair hearing before a designated representative of the Company, other than the one bringing complaint against the employee. Suspension from the Company pending the hearing, which shall be prompt, shall not be deemed a violation of this rule. At a reasonable time prior to the hearing, such employee and his duly authorized representative will be apprised, in writing, of the precise charge, and given a reasonable opportunity to secure the presence of necessary witnesses. A written decision will be issued within five (5) workdays after the close of such hearing. If the decision is not satisfactory, then appeal may be appealed up to step made in accordance with Step 3 of the grievance procedure. The Local Union ▇▇▇▇▇▇▇, but or his designee, will be notified immediately of any discharge or disciplinary layoff of any covered employee. If no one has been designated for a shift on which such discharge or disciplinary action occurs, such notification will be made when the Local Union ▇▇▇▇▇▇▇ or his designee is available.
G. The grievance procedure, grievance mediation and arbitration provided for herein shall not constitute the sole and exclusive method of determination, decision, adjustment or settlement between the parties of any and all grievances as herein described; and the grievance procedure, grievance mediation and arbitration provided herein shall constitute the sole and exclusive remedy to be subject to arbitrationutilized by the parties hereto for such determination, decision, adjustment or settlement of any and all grievances as herein defined.
H. It is agreed and understood that arbitration is a continuation and part of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. Grievance defined - A grievance is a dispute between defined as an alleged violation of the Employer terms and the Union and/or the employees concerning the interpretation or application of a specific provision conditions of this Agreement, and such . It is the desire of the parties that potential grievances be resolved informally wherever possible. If the issue is not resolved informally then a formal grievance shall be filed. Formal grievances shall be processed and disposed of submitted to the following grievance procedure. Time limits set forth in the following manner:steps may only be extended by mutual consent of the parties hereto. Failure of the employer to comply with the time limits set forth below shall result in the grievance being automatically elevated to the next step of the grievance procedure. Grievances filed for final written warnings, suspensions or terminations will begin with step 2, and the disciplining manager will attend the step two meeting.
Step 1 An 1: Immediate Supervisor or Department Head - The employee having a (and the Unit Representative or the Union Representative, if requested by the employee), shall present the grievance and/or in writing to Labor Relations and the immediate supervisor or department head and the parties shall attempt to resolve the problem immediately, but in no event later than fourteen (14) calendar days of the employee’s Union representative knowledge of the facts that constitute the grievance. The immediate supervisor or department head shall discuss it with be given fourteen (14) calendar days from the date of the step 1 meeting to respond in writing to the employee and union.
Step 2: Next Level of Supervision - If the matter is not resolved to the employee’s immediate supervisor or whichever management person made satisfaction in Step 1, the grievable decision employee and/or Union Representative shall present the grievance to the next level of supervision within five fourteen (514) working calendar days of the occurrence or knowledge giving rise to the grievance, whichever is laterimmediate supervisor’s step 1 decision. The Employer shall respond supervisor to whom the employee or grievance was addressed at Step 1 is responsible for informing the employee’s Union representative within five (5) working days after the presentation grievant of the name, position and location of the next level supervisor to whom the second step grievance in Step 1should be directed. This individual shall reply within fourteen (14) calendar days following notice of the step 2 grievance.
Step 2 3: Labor Relations and Union Representative - If the matter is not resolved in Step II to the parties’ satisfaction, the grievance may be referred in writing to the Labor Relations or designee within fourteen (14) calendar days following receipt of the Step II response. Labor Relations and Union Representative shall meet within fourteen (14) calendar days to discuss the grievance. Labor Relations shall provide a written answer within fourteen (14) calendar days of the Step III meeting. Step 4: Arbitration - If the grievance is not settled in Step 1, on the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits basis of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by foregoing procedures, either the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed submit the issue in writing to arbitration within fourteen (14) calendar days following the next step.
SECTION 5receipt of the Step III response. Any disposition A list of a grievance from which no appeal has been taken within the time limits specified herein eleven (11) arbitrators shall be deemed resolved requested from the Federal Mediation and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10Conciliation Service. The parties acknowledge that as shall thereupon alternate in striking a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded name from the Arbitration procedure (Article 7) panel until one name remains. The person whose name remains shall also be excluded from the grievance procedurearbitrator. Issues for which other appellate procedures are provided in The arbitrator’s decisions shall be final and binding on all parties. The arbitrator shall not have authority to add to, subtract from, or otherwise modify the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. Each party shall bear one-half (1/2) of the fee of the arbitrator and formal counseling are any other expense jointly incurred incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of the witnesses called by the other party. Any grievance where an arbitrator has not subject to review as grievances. Written reprimands may be appealed up to been selected within sixty (60) calendar days of the date of the Employer’s step 3 response will be forfeited unless an extension is agreed to in writing by both parties. Forfeiture is not a determination on the merit of the grievance procedure, but and shall not be subject to arbitrationconstitute a precedent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute 8.01 Differences or disputes arising from the interpretation or application of the collective agreement between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances employee shall be processed considered as grievances and disposed of shall be dealt with in the following manner, and all grievances shall be submitted and answered in writing, and shall state the Article(s) and clause(s) in dispute, the nature of the grievance and the remedy sought:
Step 1 1: An employee having a grievance and/or shall present it to his Union in writing, and they shall jointly take the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision matter up within five (5) working days of the occurrence or knowledge event giving rise to the grievance, whichever is later. The Employer shall respond grievance to the employee Departmental Head or designate within the employee’s Union representative within five Home, who shall have four (54) working days after in which to render a decision. One member of the Union Committee employed at the same Home as the grievor may also assist in presentation of the grievance. Failing a satisfactory settlement, the second Step of the grievance in procedure shall be invoked within four (4) working days of the Departmental Head or designate’s answer, as follows:
Step 12: The grievor, ▇▇▇▇▇▇▇, and Union Committee member shall take the grievance up with the Administrator of the Home or designate, who shall have four (4) working days to render a decision. If a settlement is not reached, the grievance shall be submitted within four (4) working days of the Administrator's or designates answer to Step 3 of this procedure.
Step 2 If the 3: The grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative submitted to the Director of Nursing/Administrator Long Term Care and Services for Seniors or designee, or with whomever is the individual designate who possesses the authority to correct the contractual violation or modify the disciplinary action, after which shall render a meeting to discuss the merits of the grievance shall be held decision within five four (54) working days. The grievor may be represented at this Step by the Union Committee. A representative from the Corporate Services Department shall participate in the proceedings at this Step. Failing a satisfactory settlement, the Fourth Step of the grievance in Step 2 procedure shall be answered by the Employer in writing invoked within five four (54) working days after of the meeting to discuss answer of the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3Director of Long Term Care and Services for Seniors. The grievance shall be presented in this step submitted to the Director of Employee/Labor Relations and Workforce Compliance Department Chief Administrative Officer or his or her designeedesignate, which will meet with the Union Committee within fourteen (14) days of the date of request for such meeting. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution decision of the grievance. A settlement conference Corporate Services Department shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held given within ten seven (107) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after from the date of such meeting where the settlement conference or submission, if no settlement conference is requested. The time limits for Union specifically requests the submission of a grievance matter will be heard by the employee/Union representativeChief Administrative Officer. If the parties at this Step are unable to reach a satisfactory settlement, then the setting of a settlement conference, or the Employer’s response may matter shall be extended by mutual agreement in writing for no more than an additional five taken to arbitration within fifteen (515) working days at each of days, as defined in the above-referenced steps.
SECTION 2Ontario Labour Relations Act. Any grievance shall be void which is not presented for disposition through Once the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise fully exhausted and prior to the grievance.
SECTION 3. Upon being submitted to Step 2 scheduling of the Grievance Procedurean arbitration hearing, the grievance shall be reduced parties may retain the assistance of an impartial mediator in an effort to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at resolve any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject disputes referred to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer 14.01 Complaints and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of dealt with in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision manner and all grievances must be in writing and recorded within five (5) working days of the occurrence or knowledge giving rise to discovery of the alleged grievance, whichever is later. :
Step 1 The Employer shall respond to the employee or the employee’s Union representative ▇▇▇▇▇▇▇ shall first raise the complaint verbally with the Immediate Supervisor; and she/he will have five (5) days to reply. Failing settlement within five (5) days following the verbal decision, the grievor accompanied by the ▇▇▇▇▇▇▇ may take the matter up in written form with the Manager of Property/designate and she/he will have five (5) days to reply.
Step 2 Within five (5) working days after following the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled decision in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed employee accompanied by the grievant and/or Grievance Committee may take the Union representative matter up with the Superintendent of Business and presented by the grievant and/or the Union representative to the Director of NursingFinance/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held designate. Failing settlement within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five , then; Within fourteen (514) working days after following the meeting to discuss the grievance.
Step 3 If the grievance is not settled decision in Step 2, the grievance may, within five (5) working days after the response in Step 2, Union Grievance Committee may request that a meeting be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to convened with the Director of EmployeeEducation/Labor Relations and Workforce Compliance Department or his or her designeedesignate. The Union may, upon submission Director of a Education/Designate shall meet to hear the Union’s grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission receipt of the grievance Union’s request for the meeting. An Officer of the Union may be present at the Board’s Grievance Committee meeting. The Director of Education/designate after consultation with the Board shall render its decisions within thirty (30) working days. Failing settlement at Step 3, the Union may within seven (7) additional working days following the Board’s response refer the matter to Arbitration by giving written notice within seven (7) additional working days as hereinafter provided.
14.02 Replies to grievances shall be in writing at all stages.
14.03 The Board shall supply the necessary facilities for Grievance Meetings.
14.04 It is understood that the Union representative will be paid for their regular shift but will not be paid overtime while meeting to resolve grievances. At Step 2, the Union Vice-President/or designate living closest to the grievor, and the grievor will meet with the Regional Superintendent or his designate. At Step 3, the Union President, Vice-President, ▇▇▇▇▇▇▇ and grievor will meet with Board’s Grievance Committee. Note: Employees attending grievance meetings that are in excess of four (4) hours, including travel time to and from meetings, will not be required to work their regular shift that day. The Employer shall respond employee will be paid for their regular shift but will not be paid overtime. It is understood that the grievance meeting in writing within five (5) working days after Step 3 will be held in the date of predecessor board office location closest to the settlement conference or submissiongrievor. If the Board decides to move the meeting to another location, if no settlement conference is requestedthe Board will pay the mileage for the grievor and Union Vice- President in one car. The time limits Board will pay mileage for the submission of a grievance by the employeeUnion President/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise designate to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so attend meetings as to be properly completed. All Employer responses required outlined in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee accordance with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionboard practice.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION
1. A grievance is a dispute shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between the Employer CCNA/PASNAP and the Union and/or the employees CROZER which may arise concerning the application, meaning or interpretation or application of a specific provision of this Agreement, and such grievances . Grievances shall be processed and disposed of in the following manner:
Step 1 An : STEP ONE - The employee having or employees affected shall present a written grievance and/or to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the employee’s Union representative shall discuss it grievance to meet with the employee’s immediate supervisor grievant and the unit representative or whichever management person made the grievable decision CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the occurrence grievance to meet with the grievant and his or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee her unit representative or the employee’s Union representative CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days after the presentation Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance in to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step 1.
Step 2 Four. STEP FOUR - If the grievance is still not settled in Step 1satisfactorily settled, the grievance may, matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within five thirty (530) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits hearing of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2dispute, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be unless extended by mutual agreement in writing for no more than an additional five (5) working days at each agreement. The findings of the above-referenced stepsArbitrator shall be final and binding upon the parties.
SECTION 24. Any grievance The Arbitrator shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the occurrence Article, and he or condition which it is claimed gave rise she shall have no power to the grievance.
SECTION 3. Upon being submitted to Step 2 add to, subtract from, or modify in any way any of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions terms of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION Step 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 : An employee having a complaint relating to the working conditions under which he is then working shall advise his ▇▇▇▇▇▇▇ or supervisor and may request the presence of his committeeman while doing so. Such ▇▇▇▇▇▇▇ or supervisor shall arrange for the attendance of the committeeman as soon as possible, and in no instance to exceed fifteen (15) minutes, and such committeeman shall be allowed to talk to the employees involved at the employ- ee’s work station to ascertain the complaint.
Step 2: If the complaint is not settled to the satisfac- tion of the employee involved, the employee shall submit a grievance and/or to the employee’s Union representative Senior Area Manager in writing on forms supplied by the company, either directly or through his com- mitteeman. It shall discuss it with be optional to the employee’s immediate supervisor Company to decline to consider any grievance the alleged circumstances of which originated or whichever management person made the grievable decision within occurred more than five (5) working days of prior to its presentation. The Senior Area Manager or the occurrence or knowledge giving rise Human Resources Manager shall deal with the grievance and deliver an answer in writing to the committeeman not later than the fifth working day next following the day upon which he received the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in under Step 1, the grievance may, committeeman will within five three (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence decision under Step or condition which it is claimed gave rise within five (5)working days of the day the decision under Step should have been given, submit an appeal to the grievance.
SECTION 3Company. Upon being submitted Thereupon the par- ties shall meet to Step 2 of discuss the Grievance Proceduregrievance within one (1) week after the appeal has been filed. The Union shall be represented by the Plant Chairman, the grievance shall be reduced to writing. The written grievance must set forth all of committeeman involved in the following:
A. The date and time when the grievance arose;
B. A statement filing of the grievance and facts;
C. the if he ▇▇- ▇▇▇▇▇ to be present. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept Company shall give its written decision on the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is The Company acknowledges the right of the Local Union to appoint or otherwise select a dispute between Grievance Committee which shall be composed of the Employer Chief Stewards, together with the Shift ▇▇▇▇▇▇▇ involved and the President of the Local Union and/or or his designated representative. The Company will recognize and deal with the employees Grievance Committee on any grievance concerning the interpretation interpretation, application, administration or application of a specific provision alleged violation of this Agreement. The may be present at any step of the Grievance Procedure.
(a) Under Article wherever working days are stated, and such grievances shall be processed and disposed it is understood to mean full working days of in the following manner:
Step 1 An employee having a grievance and/or person required to give the employee’s answer, commencing the full working day after receiving the n n The Union representative shall discuss it with will select Stewards as required to cover all shifts. From these Stewards, the employee’s immediate supervisor or whichever management person made the grievable decision within Union will choose five (5) working days Chief Stewards (and others as required) one for the Department, one for the Department, one for the Maintenance Department, one for the Manufacturing Services Department, and one for the Fabricated Products Department. The Chief Stewards will serve in their respective departments and will not write or process a grievance through the various steps of the occurrence or knowledge giving rise to Grievance unless the grievance, whichever Shift ▇▇▇▇▇▇▇ is laterabsent. The Employer shall respond to Union will notify the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer Company in writing within five (5) full working days after clays following any change of Stewards. Shift Stewards shall be limited to the meeting to discuss servicing of disputes in the area for which each is respectively appointed. In all Departments in which more than one Shift ▇▇▇▇▇▇▇ has been appointed, only one such ▇▇▇▇▇▇▇ shall enter into the processing of a grievance.
Step 3 If . In the event that no Shift ▇▇▇▇▇▇▇ has been available, the Local Union President or his designate can process the grievance is not settled in Step 2, its entirety. Any complaint which the grievance may, Union or one of its members may have must be presented within five (5) normally scheduled working days after of the response in Step 2following the cause of the complaint, and according to the following procedure.
(a) The complaint will be presented taken up with the Supervisor by the grievant and/or employee who may be accompanied by the Union representative in Step 3▇▇▇▇▇▇▇. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution Supervisor of the grievance. A settlement conference shall be granted as Department must give his verbal reply stating the reason for his acceptance or rejection of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held complaint within ten three (103) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after following the date of the presentation of the complaint. A complaint which concerns a time sensitive issue, may be filed directly with the Human Resource Director (e.g. vacation scheduling, etc.). intended to replace the normal grievance procedure. This process is not If a settlement conference or submissionis not reached in the complaint stage, if no settlement conference is requested. The time limits for the submission of it then becomes a grievance by and must be put into writing stating the employee/Union representative, violations of the setting of a settlement conference, or the Employer’s response may Agreement and be extended by mutual agreement in writing for no more than an additional five presented within three (53) working days following receipt of answer at each of complaint stage to the above-referenced steps.
SECTION 2Department Head concerned or his designated representative by the employee and/or a Union ▇▇▇▇▇▇▇. Any grievance shall be void which is not presented for disposition through The Company representative must give a reply in writing in the grievance procedure described herein within ten three (103) working days following the presentation of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between 15.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Employer Union and the Union and/or Company in accordance with the employees concerning the interpretation or application of a specific provision of procedures provided for in this Agreement, and such grievances shall every effort will be processed and disposed of in made by the following manner:Parties to reach a mutually satisfactory agreement as quickly as possible.
Step 1 An 15.02 If an employee having wishes to have a grievance and/or the employee’s Union representative shall discuss complaint taken up, it will first be taken up verbally with the employee’s immediate supervisor or whichever management person made the grievable decision his supervisor, within five (5) working days of the occurrence of the event (s) or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after from the presentation time the employee had knowledge of the event and this occurred in a reasonable time frame. He may do this personally, with or without his ▇▇▇▇▇▇▇ or he may request the ▇▇▇▇▇▇▇ to do it for him. The employee will be present when the matter is discussed by the ▇▇▇▇▇▇▇ and the supervisor if the supervisor or the ▇▇▇▇▇▇▇ so requests. Any complaint or grievance in Step 1.
Step 2 If filed by an employee beyond the grievance is not settled in Step 1, the grievance may, within five (5) day period indicated above will not be considered unless the employee is able to provide a reasonable explanation of the delay to Management. If the complaint is not satisfactorily disposed of verbally within twenty-four hours after its presentation, or such longer period as may be mutually agreed upon, the Union Grievance Committee may, within eight (8) working days after refer the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative grievance to the Director of Nursing/Administrator or designee, or with whomever is Manager's Committee.
15.03 The Union Grievance Committee will give the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within Manager's Committee at least five (5) working days’ notice in writing of any grievance to be discussed. The grievance in Step 2 shall Manager's Committee will meet with the Union Grievance Committee composed of not more than three (3) employees of the Plant if there are grievances to be answered by the Employer discussed. The Manager's Committee will give its answer in writing within five (5) working days after such a meeting. At this stage a full time representative of the meeting to discuss the grievance.
Step 3 If Union may be present when the grievance is being discussed if requested by either party.
15.04 If the decision of the Managers Committee is not settled in Step 2satisfactory, the grievance Union Grievance Committee may, within five eight (58) working days, refer the grievance to the Vice President of Human Resources, or such other person as he may designate. Within eight (8) working days of receipt of such notice, a meeting will be held with the Union Grievance Committee Composed of not more than three (3) employees of the Plant. An answer will be given within eight (8) working days after the response in Step 2such a meeting has been held. At this stage, be presented by the grievant and/or Union a full-time representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall Union may be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submissionpresent, if no settlement conference is requested. requested by either party.
15.05 The time limits for allowances provided in the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response above Articles may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of agreement. If the above-referenced steps.
SECTION 2. Any grievance shall be void which is time allowances or any mutually agreed on extensions are not presented for disposition through observed by the grievance procedure described herein within ten (10) working days of Union or by the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance ProcedureCompany, the grievance shall will be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so considered as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed advanced to the next stepstage.
SECTION 5. Any disposition 15.06 The aggrieved employee will be present for any discussions if requested by either party.
15.07 It is recognized that Stewards, members of a grievance from which no appeal has been taken within committees and Union Officers have regular duties to perform as employees of the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject Company.
(A) The Company acknowledges the right of the Union to select Stewards to assist employees in presenting their grievances to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 representatives of the Grievance Procedure.
SECTION 10Company. The parties acknowledge that as a principle number of interpretationsuch Stewards and the area within which each one may function will be in accordance with Article 18.07, employees are obligated to work as directed while grievances are pending except as set forth in of Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami18 -Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1The parties to this Agreement are agreed that it is of the utmost importance to adjust com- plaints and grievances as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor an oppor- tunity to adjust his complaint. No grievance shall be considered which was not filed within five working days after the cir- cumstances which gave rise to it came to the atten- tion of or should have come to the attention of the Employee concerned. Grievances shall be adjusted and settled as The Employee the ▇▇▇▇▇▇▇ shall arrange to discuss the grievance with the Supervisor concerned. If a satisfactory settlement is not reached within two working days following the presenta- tion of the grievance, the grievance may be appealed to Step No. 2 at any time with working days but not thereafter. A written notice of appeal may be present- ed to the Human Resources Manager, setting forth the nature of the grievance, the date of the matter complained of, and provisions of this agreement that the Company has allegedly violated. The Human Resources Manager, General Supervisor and other Supervisory personnel as deemed required, shall meet with the Chief ▇▇▇▇▇▇▇ and Department ▇▇▇▇▇▇▇ within five days of receipt of this appeal, and render his decision in writing to the Chief ▇▇▇▇▇▇▇ not later than three working days next following the date upon which the meeting was held. Unadjusted grievances may be appealed to the Manufacturing Manager through the Human Resources Department within five working days of the delivery of the decision of the Human Resources Manager. Upon such an appeal the griev- ance shall be considered at a meeting of the Manufacturing Manager and other appropriate with the grievance committee who may be accompanied by an International Representative of the Union, this meeting to be held within seven working days. The Grievance Committee shall not exceed three in number. The decision of the Manufacturing Manager shall be rendered in writing within three working days of the meeting and failing settlement the Union may within seven working days of such decision (but not thereafter) refer the matter to a Board of Arbitration as here- inafter provided. If the final settlement of the grievance is not completed as above and if the grievance is one which concerns the interpretation or alleged ▇▇▇▇▇- tions of this Agreement the grievance may be referred within seven working days (but not thereafter) by either party to a dispute Board of Arbitration as hereinafter provided. The party requesting arbitra- tion shall accompany its request by a statement describing the facts of the grievance and the issue to be decided by the Arbitration Board. Should a difference arise between the Employer Company and the Union and/or the employees concerning regarding the interpretation or application alleged violation of this Agreement which could not otherwise be resolved at lower steps of the griev- ance procedure because of the nature or scope of the subject matter of the grievance it may be taken up at Step No. 3 of the grievance procedure outlined above. If no satisfactory settlement is reached, either party may, within seven working days after receipt of the other’s decision (but not thereafter) file a specific request for arbitration in the manner outlined in Article The party requesting arbitration shall accompany its request by a statement describing the facts of the grievance and the issue to be decided by the Arbitration Board. A complaint or grievance which has been disposed of pursuant to the grievance and/or arbitra- tion provision of this Agreement, and such grievances shall not again be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days subject matter of a complaint or grievance during the occurrence life of this contract or knowledge giving rise to the grievance, whichever is laterany extension there- of. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented Notwithstanding anything contained in this step to Agreement the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits provided for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response herein may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsparties.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 114.01 In order to provide an orderly and speedy procedure for the settling of grievances, the Division acknowledges that the ▇▇▇▇▇▇▇ may assist any employee whom the ▇▇▇▇▇▇▇ represents, in preparing and presenting the employee's grievance in accordance with the grievance procedure.
14.02 The Union shall notify the Division in writing of the name of the ▇▇▇▇▇▇▇.
14.03 The Division may, upon the request of the Union ▇▇▇▇▇▇▇ and after approval of the supervisor, allow the ▇▇▇▇▇▇▇ time to investigate or process an alleged grievance during the ▇▇▇▇▇▇▇'▇ regular working hours. Such permission shall not be unreasonably withheld.
14.04 A grievance is a dispute between shall be defined as any difference arising out of the Employer and the Union and/or the employees concerning the interpretation interpretation, application, administration, or application of a specific provision alleged violation of this Collective Agreement, and such grievances shall .
14.05 Grievances must be processed and disposed of in the following manner:.
Step 1 An employee having employee(s) wishing to submit a grievance, will submit the grievance and/or to the employee’s Union representative ▇▇▇▇▇▇▇. At each step of the Grievance procedure the griever shall discuss it have the right to be present.
Step 2 The ▇▇▇▇▇▇▇ will first seek to settle the dispute with the employee’s immediate supervisor or whichever management person made the grievable decision employees' Supervisor within five ten (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (510) working days after the presentation cause of grievance occurs or within ten (10) working days from the date on which the griever becomes aware of the grievance in Step 1alleged violation. The Supervisor concerned shall reply within three (3) working days.
Step 2 3 If the grievance reply of the employees' Supervisor is not settled in Step 1, satisfactory the grievance may, within five (5) working days after the response in Step 1days, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative referred to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held Chief Superintendent and/or designate within five fifteen (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (515) working days after a grievance has been referred, the meeting Chief Superintendent will give a written reply to discuss the grievance. Within fifteen (15) working days after a grievance has been referred, the Chief Superintendent will give a written reply to the grievance.
Step 4 Failing a satisfactory settlement being reached in Step 3 If the Union may within a further 15 (fifteen) days refer the dispute to arbitration.
14.06 Where a recommendation is being made to terminate the employment of an employee, the employee may appear before the Board, in accordance with the Division's Discipline Policy before the Board renders a decision.
14.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, Steps 1 of this Article may be bypassed.
14.08 After a grievance has been submitted in writing, the Division or its representatives shall not attempt to settle the grievance is not settled in Step 2, either directly or indirectly with the grievance may, within five (5) working days after aggrieved employee without the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution consent of the grievance. A settlement conference Union.
14.09 Should the Division have a misunderstanding, complaint or dispute under this Agreement against the Union, then the Division shall be granted as advise the Union of right. It is agreed that either party may the misunderstanding, complaint or may not present witnesses at dispute and the discretion of either party during parties hereto shall discuss and endeavour to settle the settlement conference. The settlement conference shall be held matter within ten (10) working days of submission of from the grievance at Step 3. The Employer shall respond in writing within five (5) working days after time the date of the settlement conference misunderstanding, complaint or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished dispute was conveyed to the Union. A rejection If such misunderstanding, complaint or dispute is not settled to the mutual satisfaction of the parties, it may be treated as a grievance at any step of and referred to arbitration in the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to same way as a grievance at any step shall be deemed a denial thereofof an employee, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions as provided in Article 15 of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. 14.10 All time limits herein specified grievances shall be deemed submitted in writing and replies to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, grievances shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedurein writing at all stages.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between the Employer CCNA/PASNAP and the Union and/or the employees CROZER which may arise concerning the application, meaning or interpretation or application of a specific provision of this Agreement, and such grievances . Grievances shall be processed and disposed of in the following manner:
Step 1 An : STEP ONE - The employee having or employees affected shall present a written grievance and/or to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the employee’s Union representative shall discuss it grievance to meet with the employee’s immediate supervisor grievant and the unit representative or whichever management person made the grievable decision CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the occurrence grievance to meet with the grievant and his or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee her unit representative or the employee’s Union representative CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days after the presentation Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance in to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step 1.
Step 2 Four. STEP FOUR - If the grievance is still not settled in Step 1satisfactorily settled, the grievance may, matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by the parties.
3. The Arbitrator's decision shall be rendered within five thirty (530) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits hearing of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2dispute, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be unless extended by mutual agreement in writing for no more than an additional five (5) working days at each agreement. The findings of the above-referenced stepsArbitrator shall be final and binding upon the parties.
SECTION 24. Any grievance The Arbitrator shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the occurrence Article, and he or condition which it is claimed gave rise she shall have no power to the grievance.
SECTION 3. Upon being submitted to Step 2 add to, subtract from, or modify in any way any of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions terms of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1It is the mutual desire of the parties that a complaint of an employee shall be resolved possible. A It is understood that employee has no grievance is a dispute until they first their complaint with their immediate Supervisor without The employee may, if they wish, be accompanied by the Chief ▇▇▇▇▇▇▇ of Union or their ▇▇▇▇▇▇▇. Should any difference arise between the Employer and any employee from the Union and/or interpretation, application, administration or alleged violation of the employees concerning the interpretation or application of a specific provision provisions of this Agreement, and such grievances an ▇▇▇▇▇▇▇ effort shall be processed and disposed of made to settle such differences without undue delay in the following manner:
. In the first instance, an employee shall take up any such grievance in writing directly with their immediate Supervisor, within seven (7)working days of the event upon which the grievance is based. The grievance shall specify the facts and section or sections claimed to be violated or relied upon. The immediate Supervisor shall arrange for the presence of the ▇▇▇▇▇▇▇ concerned. The Supervisor will give their decision in writing within two (2) working days. If not then settled in Step 1 An employee having I, the grievance may within a grievance and/or further three (3) working days be submitted in writing to the employee’s Union representative 's Service Director or in the case of or Fall's staff to the Branch Manager. The Service Director or Branch Manager shall investigate the grievance and may discuss it with the employee’s immediate supervisor employee or whichever management person made employees involved with the grievable ▇▇▇▇▇▇▇ who has signed the grievance in attendance at such discussion the Chief ▇▇▇▇▇▇▇. The Service Director or Branch Manager shall give their decision in writing to such ▇▇▇▇▇▇▇ within a further three (3) working days following receipt of the grievance. If not then settled in Step the grievance may, within three (3) working days, be submitted in writing to the Director or their representative. The Grievance and a national representativeof the Canadian Union of Public Employees, if the Committee so wishes, shall be given an opportunity to discuss the grievance with the Director or their representative within five (5) working days of submission of the grievance. The Director or their representative shall give their decision in writing within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is laterdiscussion. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance decision in Step 1shall specify the facts and reasons upon which the decision is based.
Step 2 If (a) In determining the grievance time within which any action is not settled to be taken under the Grievance and Arbitration Procedure as set out in Step 1, the grievance may, within five (5) working days after the response in Step 1, Articles and weekends and designated holidays shall be presented in Step 2excluded. When grievances are presented in Step 2submitted by mail, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance presentation shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievanceletter's postmark.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 8.1 The Corporation will recognize a "Union Committee" of two (2) employees and the Business Manager, or the Assistant Manager of the Union as an alternate to the Business Manager, as a Grievance Committee to deal with all grievances up to Step three (3) in the Grievance Procedure. The Corporation shall not recognize such Committee, or any member of such Committee, until notified of the Committee's membership by Registered Mail.
8.2 It is recognized that a grievance can be settled quickest and easiest between the regular employee or group of regular employees and his or their immediate supervisor. It is incumbent therefore that a regular employee(s) who feels that he has a reasonable complaint, shall first approach his immediate supervisor with a view to settling the difference(s) in an informal manner.
8.3 All written grievances referred to in this article shall include, as a minimum, a statement of the following:
1. A grievance is a dispute between The grievance
2. The part of the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:agreement violated.
3. The redress sought
8.4 Step 1 An - Any regular employee or group of regular employees having a grievance and having completed 8.2, shall make it known to the Grievance Committee and/or Chief ▇▇▇▇▇▇▇ or Unit Chairperson who shall meet to consider the employeeUnion’s Union representative course of action on the matter. The Grievance Committee shall discuss it with present the employee’s immediate supervisor written grievance to the ▇▇▇▇▇▇▇ or whichever management person made the grievable decision Superintendent within five (5) working days of the occurrence or knowledge incident giving rise to the grievance, whichever is later. The Employer shall respond or five (5) days after return to work of the party having the grievance, and the ▇▇▇▇▇▇▇ will then have five (5) working days following receipt of the grievance in which to render his answer in writing.
8.5 Step 2 - Failing a satisfactory settlement at Step 1, the Grievance Committee may take the grievance, in its original written form within five (5) working days, to the employee President who shall have five (5) working days in which to render a decision.
8.6 Step 3 - Each of the parties hereto agrees that any dispute or grievance, which has been carried through all Steps of the employee’s Union representative Grievance Procedure, which shall include a problem solving meeting of the Grievance Committee with appropriate Management personnel, and has not been settled to the mutual satisfaction of the parties hereto, will be referred to a mutually agreed upon Settlement Officer prior to a Board of Arbitration.
8.7 The party requesting the Board of Arbitration shall notify the other party in writing, and at the same time will nominate its appointee to the Board of Arbitration. This action shall be taken within five (5) working days after the presentation of the grievance in decision of the President under Step 1.
Step 2 If the grievance is not settled in Step 1two (2). Within five (5) days thereafter, the grievance mayparty receiving the request will nominate its appointee to the Board of Arbitration. The two appointees, so selected, shall within five (5) working days after of the response in Step 1appointment of the second (2nd) of them, be presented in Step 2. When grievances are presented in Step 2, they appoint a third (3rd) person who shall be reduced the Chairman. The parties may by mutual agreement substitute a sole arbitrator in place of an arbitration board.
8.8 If the time limits imposed herein on the employee or to writingthe Union are breached, signed a grievance shall be deemed to have been abandoned. If a failure to reply within the time limits by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designeeCorporation takes place, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held automatically processed to the next step in the Grievance Procedure, or to arbitration, as the case may be.
8.9 If the party receiving the request for arbitration fails to appoint its arbitrator within five (5) working days. The grievance in Step 2 shall be answered by , or if the Employer in writing two arbitrators fail to agree on a third person to act as Chairman within five (5) working days after days, the meeting to discuss appointment shall be made by the grievanceOntario Ministry of Labour.
Step 3 If 8.10 No person shall be appointed as an arbitrator who has been involved in any attempt to settle the grievance being arbitrated.
8.11 The arbitrators or the Arbitration Board shall not have any power to alter or change any of the provisions of this agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement.
8.12 The Arbitration Board shall issue a decision and the decision is not settled in Step 2final and binding upon the parties and upon any employee(s) affected by it. The decision of the majority is the decision of the Arbitration Board, and if there is no majority, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution decision of the grievance. A settlement conference shall be granted as Chairman governs.
8.13 Each of right. the parties hereto will bear the expenses of the arbitrator it selects, and the parties jointly will bear the expense and remuneration of the Chairman of the Board of Arbitration.
8.14 It is agreed understood that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response as provided herein may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepsparties.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A 10.1 Any grievance is a or dispute which may arise between the Employer and parties pertaining to the Union and/or the employees concerning the application, meaning, or interpretation or application of a specific provision this Agreement shall be settled as specified in this section of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The 10.2 A grievance shall be presented in this step by an employee to the Director of EmployeeBoard Secretary/Labor Relations and Workforce Compliance Department Business Administrator or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of person designated by the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses Board Secretary/Business Administrator at the discretion of either party during the settlement conference. The settlement conference shall an informal hearing to be held within ten (10) working days of submission the occurrence of said grievance or condition or conditions giving rise thereto. A representative of the Association shall be present. A written answer to the grievance at Step 3. The Employer shall respond in writing be made by the Board Secretary/Business Administrator or other person designated by the Board Secretary/Business Administrator within five (5) working days after the date of the settlement conference or submissionhearing’s conclusion to the grievant and copies of said answer shall be filed with the Board Secretary’s office and delivered to the Association.
10.3 If the grievance is not settled by the above, if the Association shall have the right to submit said grievance to the Board within ten (10) calendar days of the decision at the lower level. After the grievance has been submitted to the Board, the Board shall prepare a written answer to said grievance which must be served upon the grievant and the Association no settlement conference is requested. The time limits for later than seven (7) working days following the submission of a said grievance to the Board.
10.4 If the disposition of the matter by the employee/Union representativeBoard is not satisfactory to the grievant, then the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional Association shall have five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 510.5 If the grievance is not settled by the procedures specified above, then the Association shall have the right to submit such grievance to arbitration, pursuant to the rules and regulations of the New Jersey Public Employment Relations Commission. Any disposition The cost of a grievance from which no appeal has been taken within the time limits specified herein arbitrator shall be deemed resolved and shall not thereafter be considered subject shared equally.
10.6 The Association President, or his/her authorized representative, may report an impending grievance to the Board in an effort to forestall its occurrence, provided however, that the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything shall be processed if not resolved, pursuant to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 various steps of the grievance procedure.
10.7 It is agreed that employees shall, but shall during and not be subject withstanding the dependency of any grievance, continue to arbitrationobserve all assignments and applicable rules and regulations of the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance It is a dispute between the Employer and mutual desire of the Union and/or parties to this Agreement that the employees concerning the interpretation or application complaint of a specific provision of this Agreement, and such grievances an employee shall be processed resolved as promptly as possible. It is understood that an employee has no grievance until she has first discussed her complaint with her immediate supervisor and disposed of in the following manner:
Step 1 An afforded her an opportunity to endeavour to adjust her complaint. If an employee having has a grievance and/or the employee’s Union representative complaint she shall discuss it with the employee’s her immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of circumstances giving rise to the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1have originated or occurred. Accordingly, the Employer or the Union shall not be required to consider or process any grievance may, within which arises more than five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative circumstances giving rise to the Director of Nursing/Administrator grievance have originated or designeeoccurred. Failing settlement, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which it may be taken up as a meeting to discuss the merits of the grievance shall be held within five (5) working daysdays following the immediate supervisor’s decision in the following manner and sequence: which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The grievance in Step 2 immediate supervisor shall be answered by the Employer submit her answer in writing within five (5) working days after following the meeting to discuss the grievance.
Step 3 If day on which the grievance is not settled in Step 2, was presented to her. If no written request for the grievance may, to be heard at Step is received within five (5) working days after from the response in date of the decision under Step 2is given, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step deemed to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designeehave been settled. The Union mayFailing settlement, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten then: Within five (105) working days of submission following either a disciplinary suspension or the decision under Step the employee shall submit the written grievance to the Co-ordinator of the Programme or designate who shall review the grievance at Step 3. The Employer shall respond and render a decision in writing within five (5) working days after from the date of on which the settlement conference or submission, if no settlement conference grievance is requestedpresented to her. The time limits employee may be accompanied by a union ▇▇▇▇▇▇▇. If no written request for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may to be extended by mutual agreement in writing for no more than an additional heard at Step is received within five (5) working days at each from the date of the above-referenced steps.
SECTION 2. Any decision under Step is given, the grievance shall be void which is not presented for disposition through deemed to have been settlement. Failing settlement, then: Within five (5) working days following the decision under Step the employee shall submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the and the ▇▇▇▇▇▇▇ from the appropriate area to review the grievance procedure described herein within ten (10) working days of receiving the occurrence grievance at this Step. The Executive Director shall have such counsel and assistance as they may desire at this meeting as may the Union request the presence of the Union staff representative or condition executive officer of the local union. Failing settlement, the decision of the Executive Director or designate shall be delivered in writing within ten (10) working days from the date on which it the grievance meeting was convened. A “policy grievance” is claimed gave defined as a difference between the parties relating to the interpretation, application, administration, or alleged violation of this Agreement including any question as to whether the grievance is arbitrable. It is agreed that an Employer or a Union policy grievance arising directly between the Employer and the Union shall be originated under Step above within ten (10) working days after the circumstances giving rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereofhave occurred or originated, and the Union may proceed time limit set out with respect to that Step shall appropriately apply. However, it is understood that the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything section may not be used with respect to a complaint or grievance directly affecting an employee which she should have instituted herself and that the contrary herein notwithstanding, a regular grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitrationthereby bypassed.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance 20.01 It is a dispute the mutual desire of the Parties hereto that any complaint or cause of dissatisfaction arising between an employee and the Employer and with respect to the Union and/or the employees concerning the application, interpretation or application of a specific provision alleged violation of this Agreement, and such grievances Agreement shall be processed and disposed adjusted as quickly as possible.
20.02 All matters in dispute relating to the interpretation, application, operation or alleged violation of in this Agreement shall be settled using the following manner:
steps of the Grievance Procedure: Step 1 An employee having a grievance and/or One The complaint shall be submitted verbally or in writing to the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision Supervisor within five (5) working days of the occurrence act or knowledge condition giving rise to the grievance, whichever is latermatter. The Employer shall respond to Supervisor will settle the employee or the employee’s Union representative complaint within five (5) working days after the presentation of the grievance in Step 1.
Step 2 Two If the grievance matter is not settled in under Step 1One, the grievance a ▇▇▇▇▇▇▇ or Union Representative may, within five (5) working days after of the response in decision under Step 1One, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative submit a written grievance to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working daysSupervisor. The grievance in Step 2 Supervisor shall be answered by meet with the Employer in writing employee and Union ▇▇▇▇▇▇▇ within five (5) working days after of the meeting receipt of the grievance in an attempt to discuss resolve the grievance.
. A Staff Representative of the Union and the Grievor may be present at this meeting if requested by either Party. The Supervisor shall within a further five (5) working days give the answer to the grievance on the grievance form and return it to the Union. Step 3 Three If the grievance matter is not settled in under Step 2Two, the grievance a ▇▇▇▇▇▇▇ or Union Representative may, within five (5) working days after of the response in decision under Step 2Two, be presented by submit a written grievance to the grievant and/or Union representative in Step 3Department Manager. The grievance Department Manager shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after hold a meeting between the date Union Grievance Committee and the appropriate representatives of Management, in a further attempt to resolve the grievance. A Staff Representative of the settlement conference Union and the Grievor may be present at this meeting if requested by either Party. The Manager shall within a further five (5) working days give the decision in writing, on the grievance form, and return it to the Union. Step Four If the matter is not settled under Step Three, a ▇▇▇▇▇▇▇ or submissionUnion Representative may, within five (5) working days of the decision under Step Three, submit a written grievance to the Employer’s Representative. The Employer’s Representative shall within five (5) working days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the Union and the Grievor may be present at this meeting if no settlement conference is requestedrequested by either Party. The Employer’s Representative shall within a further five (5) working days give the decision, in writing, to the Union on or attached to the grievance form. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response under 20.02 above may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced stepswriting.
SECTION 2. Any grievance 20.03 In the event a group of employees have the same complaint; the matter shall be void which is not presented for disposition handled as a “Group Grievance”. A Union ▇▇▇▇▇▇▇, a Union officer, or a Union Representative on behalf of a group of employees who have the same complaint shall sign such a grievance; and, the matter shall be dealt with through the Grievance Procedure commencing with Step One. The grievers shall be identified.
20.04 In the event the Union or the Employer raises concern with the interpretation, application, or administration of this Agreement, the matter in question, being broad procedure-based to guide and determine present and future decisions, shall be handled as a “Policy Grievance”. A Policy Grievance shall be in writing, signed by a Union Representative, and may be submitted to the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievanceat Step Three as detailed above.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement 20.05 If final settlement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific detailsnot reached at Step Four, the employer is under no obligation to accept then the grievance at step one and will return the grievance so as to may be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be referred in writing directed by either Party to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays Arbitration as provided in Article 3121, and at any other holidays officially recognized by time within twenty (20) working days after the Employer for Human Resources Department employeesdecision is received under Step Four.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A 17.1 During the term of this Agreement as set forth in Article 21, there shall be no strikes, slowdowns or work stoppages on the part of the Union, nor shall there be a lockout on the part of the Employer, except where the other party to this Agreement fails and/or refuses to carry out the provisions of Articles 17 and 18.
17.2 The Union agrees to give notice in writing of its Stewards and/or Grievance Committee to the Employer, and notice in writing of any changes.
17.3 Grievances or complaints of employees arising under the Agreement shall be adjusted or settled by the following procedure:
STEP 1 The complaint or grievance shall be submitted in writing, and presented to the employee's immediate Management Supervisor within ten (10) working days of the event causing the complaint or grievance, failing which it shall be deemed that there is a dispute between the Employer no complaint or grievance.
STEP 2 The employee's immediate Supervisor and the Union and/or shop ▇▇▇▇▇▇▇ shall discuss the employees concerning complaint or grievance with the interpretation employee affected, present or application absent at the employee's option. The employee's Supervisor shall give a written reply to the matter within three (3) working days after the filing of the complaint or grievance in STEP 1. If a specific provision of this Agreement, and such grievances satisfactory settlement is not reached then the matter shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision taken up as hereinafter set forth under STEP 3 within five (5) working days of the occurrence Supervisor's written reply, failing which it shall be deemed that the complaint or knowledge giving rise grievance has been settled.
STEP 3 If the complaint or grievance has not been settled under STEP 2 then the Union's Grievance Committee or a Shop ▇▇▇▇▇▇▇ shall take the matter up with the CEO or designated representative, and shall endeavor to arrive at a settlement of the complaint or grievance by discussing the matter with the Union Grievance Committee. The CEO or designated representative shall give a written reply to the grievance, whichever is later. The Employer shall respond to the employee complaint or the employee’s Union representative grievance within five three (53) working days after the presentation of matter has been taken up. It shall be deemed that the grievance in Step 1.
Step 2 If the grievance is not has been settled in Step 1, accordance with the grievance may, within five (5) working days after CEO's or designated representative's written reply unless the response Union requests in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission the CEO's or designated representative's written reply, that the complaint or grievance be referred to arbitration. In such event, arbitration shall proceed in accordance with Article 18.
17.4 At any stage of the grievance at Step 3procedure, the grieving employee may be accompanied by or represented by a Union ▇▇▇▇▇▇▇ and/or a Union representative. The Employer shall respond Union Grievance Committee may, at any time, be accompanied by a Union representative in writing within five (5) working days after any negotiations. At any stage in the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representativeprocedure, the setting of a settlement conference, griever may withdraw the grievance.
17.5 Any time limit set forth in this Article or the Employer’s response in Article 18 may be extended by mutual agreement of the parties.
17.6 The Employer shall not make any deductions from the wages of any duly authorized representative or representatives of the Union who is an employee of the Employer, in writing respect of time actually spent by such employee in negotiation for no more than an additional five the settlement of grievances in accordance with the provisions of this Article. The Employers payment for collective bargaining shall be limited to three (53) employees, and to a maximum of seventy-two (72) working days at each of the above-referenced stepshours per annum.
SECTION 2. Any grievance shall be void which is not presented for disposition through 17.7 In the grievance procedure described herein within ten (10) working days event of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific detailsthe authorized agent of the Employer at any step, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above it shall be in writing directed permissible to immediately proceed with the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any next higher step of the Grievance Procedure by the Employer must contain the reasons for the rejectionforegoing procedure.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step 17.8 Dismissals shall be deemed a denial thereof, and grieved directly with the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension CEO or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursingher/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union his designated representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall should first be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it discussed with the employee’s immediate supervisor, and, if not resolved by that supervisor or whichever management person made the grievable decision shall then be discussed within five sixty (560) working days of the occurrence of the problem with the staff member's branch librarian, division chief, or knowledge giving rise other unit head. If the staff member desires to be accompanied by a ▇▇▇▇▇▇▇ and/or other Union representative, an appointment must be made in advance; the unit head will schedule a meeting within three (3) working days and will attempt to adjust the grievance during the second subsequent working day. At this step, a written statement of the grievance is preferred but not required. A written decision on the grievance, whichever is laterif deemed appropriate by either party, will be released on the third subsequent working day. The Employer This step may be omitted by mutual agreement. Non-Union members of the Library may avail themselves of the Library's grievance procedure.
Step 2. It shall respond be presumed that the grievance has been satisfactorily resolved at Step I unless the staff member submits a written statement to the employee contrary to the supervisor or unit head at the employee’s Union representative next higher administrative level, if there is one below the Department Chief, within five three (53) working days after the presentation completion of Step 1. This supervisor or unit head will then schedule a meeting with the staff member and, if the staff member wishes, a ▇▇▇▇▇▇▇ and/or other Union representative within three (3) working days and will attempt to adjust the grievance in Step 1during the second subsequent working day. A written decision on the grievance if deemed appropriate by either party, will be released on the third subsequent working day. This step may be omitted or the time extended by mutual agreement.
Step 2 If 3. It shall be presumed that the grievance has been satisfactorily resolved at Step 2 (or Step I if Step 2 is not settled in Step 1, applicable) unless the grievance may, staff member submits a written statement to the contrary to the appropriate Department Chief within five three (53) working days after the response in Step 1, be presented in completion of Step 2. When grievances are presented in The Department Chief and the designee of the Vice President for Human Resources will conduct a hearing within seven (7) working days of receipt of such written statement, and a written response will be released to the staff member within seven subsequent working days. The staff member may be accompanied at this step by a ▇▇▇▇▇▇▇ and/ or other Union representative. This step may be omitted or the time extended by mutual agreement.
Step 2, they 4. It shall be reduced presumed that the grievance has been satisfactorily resolved at Step 3 unless the staff member submits a written statement to writing, signed the Vice President of Human Resources who has been designated to do so by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits President of the grievance shall be held Library appealing the Step 3 decision within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2Vice President, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union maydesignated representative, upon submission of will then, if (s)he deems it conduct a grievance in hearing open to those eligible to attend the hearing at Step 3, request a settlement conference for 3 necessary and the purpose of exchanging information in resolution of the grievance. A settlement conference decision shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held rendered in writing within ten (10) working days of submission of the grievance days.
Step 5. Appeals from an unsatisfactory decision at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance 4 may be brought by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five grievant to impartial arbitration within fifteen (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (1015) working days of receipt of the occurrence or condition which it is claimed gave rise decision by referring the grievance to the grievance.
SECTION 3. Upon being submitted American Arbitration Association, the arbitrator to Step 2 be selected in accordance with the rules of the Grievance ProcedureAmerican Arbitration Association. In this arbitration step, the grievance shall be reduced to writing. The written grievance must set forth entire case, in all of the following:
A. The date its aspects, both procedural and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representativesubstantive, shall be released from work for grievance meetings under Steps 1 put before the arbitrator. The cost of such arbitration shall be borne by the grievant and/or his or her representative and 2 the Library. The decision of the Grievance Procedurearbitrator shall be final and binding.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute Should any misunderstanding or controversy arise between the Employer Company and the Union and/or as to the employees concerning the interpretation compliance of either party with any of its obligations hereunder, or application of a specific provision should there be any grievance involvingthe terms of this AgreementAgreement by an employee, and such grievances or a group of employees, or the Union, the same shall be processed and disposed of handled in the following manner:
, provided however, that no grievance shall considered, the alleged circumstances of which originated occurred more than five (5) days prior to its first presentation accordance with the procedure set out herein, except that this limit shall not apply where an alleged grievance is of such a that the employee or the Union, as the case may be, could not have been aware of its alleged occurrence at the actual date same, the grievance shall then be deemed to have occurred on the first date on which the employee or the Union could have had such awareness. It is the mutual desire of the Company and the Union that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until employee has first given the Supervisor involved an opportunity of adjusting the complaint and may request for the Committee. person and/or ▇▇▇▇▇▇▇ to be present during the discussions with, the Supervisor. Following the discussion of the complaint the and the Supervisor involved will sign three copies of a; provided Complaint Form. Upon completion of Step 1 One, one copy of the complaint form will be forwarded to the Human; Resources Department, the other copy to the Union, and the third copy will remain with the Supervisor. The Supervisor will acknowl- edge within three (3) working days the disposition of the complaint and return one copy to Human Resources and one to the Committee person or ▇▇▇▇▇▇▇ involved. An employee's complaint which is not settled by the supervisor shall be reduced to writing on forms, provided by the Company and approved by the Union, signed by such employee having a grievance or Committee member and submitted to the Superintendent concerned. A meeting between the Superintendent or designate and/or the employee’s Human Resources the Supervisor involved, the Committee member and Union representative shall discuss it with ▇▇▇▇▇▇▇, and involved will be set within five (5) normal working days to try to resolve such grievance. Followingsuch meeting the employee’s immediate supervisor Superintendent has five (5) normal working days to reply to the Union Committee member. Grievance answers will be left in a designated union mail basket. If the decision of the Superintendent or whichever management person made designate is not accept- able, the grievable decision Union Plant Chairperson or Committeeperson may submit the grievance to the Personnel Department within five (5) working days of receipt of the occurrence reply in writing by the Department Manager or knowledge giving rise to designate. A meeting between the grievanceCommittee, whichever is later. The Employer shall respond to the employee Human Resources Manager or designate and/or the employee’s Union representative Department Manager involved or designate, will be set up within five (5) working days after to try to resolve such grievance; the presentation and/or Union ▇▇▇▇▇▇▇ may attend on the mutual agreement of both parties, National Representative may attend at the Union’s discretion. The Plant Manager or designate at option will attend the Third Step grievance in Step 1.
Step 2 If meeting. Following such meeting the grievance is not settled in Step 1, the grievance may, Company shall give its written disposition within five (5) normal working days after of such meeting. It is understoodthat the response Management may bring forward in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative writing any complaints with respect to the Director conduct of Nursing/Administrator the Union, its Officers or designeeCommittee member, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits employees of the Bargaining Unit, and that if such complaint by Management is not settled to the mutual satisfaction of the parties, it may be treated as a griev- ance and referred to arbitration in the same way as the grievance of any employee. Following such meeting the Company shall be held give its written disposition within five (5) normal working daysdays of such meeting. The After exhausting the grievance procedure herein provided, when either party requests that a grievance be submitted to arbitration they shall make such request, in Step 2 shall be answered by the Employer in writing writing, within five twenty (520) working work- ing days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled has been dealt with in Step 2Three, addressed to the other party to this Agreement. The arbitration shall be by a single arbitrator who shall be selected from the following agreed upon list. The list shall be processed in rotation. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ R The decision of the arbitrator shall be final and binding upon the Company and Union. Under no circumstances shall retroactive pay be awarded beyond the date when a grievance mayoccurred. The arbitrator shall not be authorized to make any decision incon- sistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement except that the arbitrator may dispose of any discharge or discipline grievance in any manner which the arbitrator considers just or equitable within five (5) working days after the response in Step 2law. Arbitration shall be heard at Ontario, or at such other place as may be presented agreed upon by the grievant and/or Union representative in Step 3parties. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution Each of the grievanceparties hereto shall bear the expenses of the arbitrator in equal shares. A settlement conference shall be granted as Grievances not appealed from the written disposition of right. It is agreed that either party may or may not present witnesses at the discretion Company’s representatives in any of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission steps of the grievance at Step 3. The Employer procedure within the times and in the manner specified herein shall respond in writing within five (5) working days after be considered as having been adjusted on the date basis of the settlement conference or submission, if no settlement conference is requesteddisposition last made and shall not be eligible for further appeal. The time limits for Time as outlined in the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response article may be extended by mutual agreement in writing for at the level. Where no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which answer is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken given within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but the Union and the Company shall not be entitled to submit the grievance to the next step in the grievance procedure or to arbitration as the case may be. As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post third step grievance to a grievance commissioner in the following procedure:
(a) The Company and the Union may agree in writing to the appointment of a person or persons as a single arbitrator to be known as a grievance commissioner (where more than one, acting in rotation) will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to him hereunder for final and binding arbitration. The grievance commissioner shall have the same powers and be subject to arbitrationthe same limitationsas an arbitrator under clause Though the grievance commissioner, the parties desire the expeditious means for the effective disposition of grievances that the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of the grievance commissioner are set out in this article. The decision of the grievance commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as precedent in future cases. Notwithstanding anything contained in the agreement, the decision of the grievance commissioner shall: be consistent with the provisions of this agreement; be confined to the grievance referred to him. The Union and the Company shall each be responsible for one-half the expenses and fees payable to the grievance commissioner.
(e) The parties, when referring a grievance to a grievance commissioner, shall also provide him with a copy of the grievance answers.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 14.01 The immediate attention to complaints and grievances is of the utmost importance. A grievance is If an employee has a dispute between complaint arising out of the Employer and company’s administration of the Union and/or the employees concerning the interpretation or application of a specific provision of this Collective Agreement, and such grievances he shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall first discuss it with his supervisor. If the employee’s employee is not satisfied following this discussion he may file a grievance at Step 1 of the Grievance Procedure.
STEP 1 Within ten (10) working days after the alleged grievance incident the aggrieved must present the grievance to an immediate supervisor or whichever management person made in writing. Should no settlement satisfactory to the grievable decision aggrieved be determined within five (5) working days the next step of the occurrence or knowledge giving rise grievance procedure may be implemented within five (5) working days following.
STEP 2 The aggrieved, through an authorized union representative, may submit the grievance to an authorized agent of the Employer, in writing, and the responsible parties shall meet within five (5) working days following. Should no settlement satisfactory to the grievanceaggrieved be determined within five (5) working days following this meeting, whichever is later. The Employer shall respond the next step of the grievance procedure may be implemented within five (5) working days following.
STEP 3 Should no settlement satisfactory to the aggrieved be determined within five (5) working days following, the grievance may be submitted to arbitration within ten (10) working days following, as provided for in Article 5 – Arbitration.
4.02 Grievances pertaining to alleged violation of hours of work, rates of pay, overtime, vacation with pay and other monetary items, may be submitted within one (1) month of such alleged grievance incident; benefits and vacation pay may be submitted within one (1) month.
4.03 Satisfactory judgment of such grievance may be made retroactive to the point at which the Employer becomes aware of a complaint.
4.04 The grievance procedure for a non-probationary employee or the employee’s Union representative who claims he has been terminated without just cause shall be dealt with in Step 2 within five (5) working days after the presentation termination. A probationary employee who claims to have been disciplined or discharged in violation of the grievance standard set out in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which Article 17.01 may file a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is generally understood that an employee has no grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreementuntil he has first given to his ▇▇▇▇▇▇▇ an opportunity to adjust his complaint, and that such grievances complaint shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision registered within five (5) fifteen working days of the occurrence alleged circumstances coming to the knowledge of the employee. The ▇▇▇▇▇▇▇'▇ reply shall be given to the employee within three full working days. If such complaint is not settled satisfactorily, it be taken up as a grievance within three full of the reply referred to in A written record of the grievance on a standard form supplied by the Union shall be signed and submitted by the employee to his ▇▇▇▇▇▇▇. Step No. 1 Within five full working days of receipt of the written grievance, a conference shall take place between the aggrieved employee, who shall be accompanied by the Union ▇▇▇▇▇▇▇, and the ▇▇▇▇▇▇▇. The employee's ▇▇▇▇▇▇▇ or knowledge giving rise his designee shall give his written decision to the Union ▇▇▇▇▇▇▇ within three full working days following the meeting, indicating the date and the Company's response to the grievance. Failing settlement, whichever is laterthe Union shall, within not more than three full working days, notify the Company of its intent to proceed to Step No. The Employer shall respond to the employee or the employee’s Union representative within Step No. 2 Within five (5) full working days after the presentation of the grievance in notice of intent to proceed to Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2No. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held between the aggrieved employee, the Grievance committee and the Manager and/or other representatives of the Company. A representative of the Union will attend if requested by either party. Management shall give its written decision to the Chief ▇▇▇▇▇▇▇ within ten (10) five full working days of submission such conference, indicating the date and the Company's response to the grievance. Step No. 3 Failing a settlement under Step No. 2 (or of any matter properly submitted at Step pursuant to this Article regarding any difference between the parties arising from the interpretation, application, administration or alleged violation of the grievance at Step 3Agreement, including any question as to whether a matter is such difference or unresolved question may be submitted to arbitration, as provided in Article within working days. The Employer shall respond Saturdays, Sundays and plant holidays will not be counted in writing determining the time within five (5) working days after the date which any action is to be taken or completed in each of the settlement conference steps of the Grievance Procedure or submission, if no settlement conference is requested. under Article The time limits for the submission of a grievance and other procedural requirements set out in Articles 9 and are mandatory and not merely directory. Any and all time limits fixed by the employee/Union representative, the setting of a settlement conference, or the Employer’s response this Article and Article X may at any time be extended by mutual written agreement in writing for no more than an additional five (5) working days between the Company and the Union. All decisions arrived at each between the representatives of the above-referenced steps.
SECTION 2. Any grievance Company and the Union shall be void final and binding upon the Company, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is not presented settled and as a result the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for disposition through any reason and feels he has been with, he may inform his ▇▇▇▇▇▇▇ who shall, if a grievance is to be filed, file such written grievance with the grievance procedure described herein Company within ten (10) eight working days of the occurrence suspension or condition which dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the Second Step. Notice of dismissal or suspension and the reason shall be given in writing with a copy to the Union on the same date. If subsequently it is claimed gave rise decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. It is understood that in the case of any general allegation by the Union that the Company has violated this Agreement in such a manner that an individual employee could not rightly process the grievance under this Article IX, the Union may present such allegation to the grievance.
SECTION 3. Upon being submitted to Company at the Second Step 2 level of the Grievance Procedure, . An employee who receives a written reprimand from the grievance Company shall have such reprimand removed from his record after a period of twelve months provided that during such period he has not received other related written reprimands. received other related disciplinary action. A copy of written disciplinary action will be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed provided to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionlocal union.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is (a) Where an employee has a dispute between complaint or alleges that the Employer and the Union and/or the employees concerning the interpretation or application of a specific has violated any provision of this Agreement the employee may, with or without the assistance of a Union offi- cial, discuss the matter with her immediate supervisor within ten (10) full working days after becoming aware of the circum- stance giving rise to the complaint or alleged violation of the Agreement. Where an employee alleges that the Employer has violated any provision of this Agreement and where employee has the written consent of the Union, the following procedure shall apply: STEP ONE: Within twenty (20) working days after becom- ing aware of the circumstances giving rise to the grievance the employee may present her grievance in writing on the form approved by the Labour and such grievances shall be processed and disposed of Employment Board either by per- ▇▇▇▇▇ service or by mailing by registered mail to the person designated by the Hospital as the first in the following manner:
Step 1 An grievance procedure. If the employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor receives no or whichever management person made the grievable decision does not receive satisfactory settlement within five (5) working days of from the occurrence or knowledge giving rise date on which she presented her grievance to the grievanceperson designated as the first in the grievance procedure, whichever is later. The Employer shall respond to the employee may proceed to Step Two, or in the employee’s Union representative within case of those Hospitals where there is no Step Two designated, the employee may proceed directly to Step Three. STEP TWO: Within five (5) working days after from the presentation expiration of the five (5) day period referred to in Step One, the employee may present her grievance in Step 1.
Step 2 writing either by personal service or by registered lo the person designated by the Hospital as the second in the grievance. If the grievance is employee does not settled receive a written reply or satisfactory settlement of her griev- ance from the person designated by the Hospital as the second level in Step 1, the grievance may, process within ten working days from the date on which she presented her grievance at the second the employee may proceed to Step Three STEP THREE: Within five (5) working days after from the response expiration of the ten day period referred to in Step 1Two, be presented the employee may present her grievance in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed writing either by the grievant and/or the Union representative and presented per- ▇▇▇▇▇ service or by the grievant and/or the Union representative registered mail to the Director Administrator of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after Hospital in which a meeting to discuss the merits she works. Any proposed settlement of the grievance shall be held within five (5) working dayspresented at Step One and Step Two and any must accompany the grievance when it is presented to the Administrator. The grievance in Step 2 shall be answered by Administrator acting with or on of the Employer in writing Board of Trustees meet with the employee within five ten (5IO) working days after from the meeting date on which she presented her griev- ance to discuss the grievance.
Step 3 If Administrator in an attempt to the grievance is not settled in Step 2, griev- ance. The Administrator to the grievance may, employee within five (5) ten working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after from the date of the meeting and if the employee does not receive satisfactory settlement conference or submission, if no settlement conference is requested. The time limits for of her from the submission of a grievance by Administrator the employee/Union representative, the setting of a settlement conference, or the Employer’s response employee may be extended by mutual agreement refer her griev- ance to Adjudication as provided in writing for no more than an additional five Article hereof within twenty (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (1020) working days of the occurrence date on which she should have received a reply from the Administrator or condition from the date on which it is claimed gave rise she received an unsatisfactory reply. For the purpose of this sub-article reference to the grievance.
SECTION 3. Upon being submitted to Step 2 "Administrator" may be read as follows: Chief Executive Officer or designate of the Grievance ProcedureHospital pro- vided this individual is a senior management person outside of the Department of Nursing who has not represented the Employer at either Step I or Step Where an employee alleges that she has been sus- pended or discharged in violation of clause she may within ten days of the date on which she was notified in writing or within twenty (20) days of the date of her suspension or discharge, whichever is later, invoke the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except proce- dure including Adjudication as set forth out in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 for the purposes of a grievance violation of clause she shall lodge her grievance at the final level of the grievance procedure, but shall not be subject to arbitration.grievance
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute 26.01 The Company and Union agree to the following procedures for the purpose of adjusting differences arising between the Employer and the Union and/or the employees parties concerning the interpretation meaning or application violation of a specific provision any terms of this Agreement, and such grievances shall be processed and disposed of in or concerning disciplinary or dismissal action taken by the following manner:
Step 1 An employee having Company with regard to any employee. If a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which date it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified occurred it shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employeesabandoned.
SECTION 8Step 1 The employee, employees and/or the Shop ▇▇▇▇▇▇▇ shall present his/her grievance in writing on the approved Union grievance form to the First Level Supervisor concerned. A If the employee receives no reply or does not receive satisfactory settlement within five (5) working days from the date on which the grievance which affects was presented to the First Level Supervisor, the grievance may be taken to Step 2.
Step 2 Failing settlement at Step 1, the matter shall be put in writing and taken up with the Department Head within two (2) working days following the reply of the F.L.S. If the employee does not receive a reply or more divisionssatisfactory settlement of his/her grievance from the Department Head, within five (5) working days from the date on which he/she presented his/her grievance to the Department Head, the grievance may be taken to Step 3. Failing settlement at Step 2, the Union Grievance Committee and/or Union representatives shall within five (5) working days present the grievance in writing by mailing it by registered mail or by personal delivery to the President of the Company or in his/her absence, his/her representative. Copies of correspondence and which the Director of Nursing/Administrator or designee in grievances presented at Steps 1 and 2 lack authority to settle2, may initially be presented at Step 3 and replies by the Union representative.
SECTION 9. In order to minimize F.L.S. and the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings Department Head under Steps 1 and 2 must accompany the grievance when it is presented to the President of the Grievance ProcedureCompany or in his/her absence, his/her representative. If a reply or satisfactory settlement is not received within ten (10) working days of the grievance being presented at Step 3, it may be referred to Arbitration as hereinafter provided.
SECTION 10. 26.02 Request for Arbitration shall be made within twenty (20) working days following the termination of discussion in Step 3.
26.03 Where there is an alleged violation of the Agreement, the circumstances of which apply to more than one (1) employee, a group or policy grievance may be filed commencing at Step 3.
26.04 In any or all of the above steps where a hearing is held on a grievance, the employee may be accompanied by a representative of the Union.
26.05 The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except time limits as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands steps above may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitrationextended by mutual agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1a) Any difference of opinion regarding the interpretation, application, or administration of the terms of this Agreement shall be considered a fit matter for the grievance procedure.
b) The parties acknowledge that in the interests of promoting good working relationships, the above mentioned differences should be dealt with and settled at the earliest possible stage. A The aggrieved employee will seek to resolve the issue with their supervisor (and ▇▇▇▇▇▇▇ if requested) prior to invoking the aforementioned formal process. Failing resolution of the issue, Step 1 of the grievance process will be applied.
c) Grievances shall be in writing for Step 1 and Step 2 and must cite the grievous act or, specific provision(s) of the agreement, which is a dispute between the Employer claimed to have been violated and the redress sought. Grievances must be filed by the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor Chief ▇▇▇▇▇▇▇ (or whichever management person made the grievable decision delegate) within five twenty (520) working days of the occurrence or knowledge giving rise to alleged violation and shall be dealt with in the grievancefollowing manner: A Chief ▇▇▇▇▇▇▇ (and the employee if required), whichever is latershall take the grievance up with the Supervisor. The Employer Supervisor shall respond to the employee in writing, on or the employee’s Union representative within five (5) working days after the presentation of with the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held document within five (5) working days. The grievance in Step 2 shall be answered by the Employer Chief ▇▇▇▇▇▇▇ will advise Management in writing within five (5) working days after as to the meeting reason(s) why a written settlement offer has been declined. Failing settlement at this stage, the Chief ▇▇▇▇▇▇▇ may immediately proceed to discuss the grievancestep 2 within an additional three (3) working days.
Step 3 i) Each party will appoint two (2) senior people to form the four (4) person grievance review Board (GRB). The composition of the board may be different at each location; however, it will always consist of four (4) senior level individuals, with two (2) from each party. If the grievance Board unanimously decides to dismiss or settle a grievance, that decision is not settled in Step 2documented, and it is final and binding. If there isn’t unanimous agreement, the grievance mayremains unresolved.
ii) The parties will schedule all unresolved grievances to be heard by the board, within up to twenty (20) grievances scheduled per day. Hearing date(s) will be scheduled at an Alectra work centre dependant on the work location with the highest number of grievances to be heard. The Employer will provide the facilities that are required for all meetings. The number of hearing dates will be determined by the number of unresolved grievances to be heard by the board. One (1) GRB date will be scheduled per month, provided there are more than five (5) working grievances to be heard, or as agreed upon by both parties.
iii) A labour Relations person will present each grievance for the Employer and a PWU Staff Officer and/or Chief ▇▇▇▇▇▇▇ will present each grievance for the Union. The key points that will be presented regarding a specific grievance will be documented and copies will be provided to the board members and to the other presenter three (3) days after prior to the response hearing date for that grievance.
iv) All grievances that are not resolved by the board during the Grievance Review Process will proceed through the Arbitration/Mediation process.
v) The Employer agrees that there shall be no loss of base wages for time spent by the ▇▇▇▇▇▇▇(s) and/or the grievor(s) to attend grievances meetings as per Article 6.01.
6.02 The time limit fixed in Step 1 of the grievance procedure must be adhered to but may be extended in writing by consent of both parties to this agreement.
6.03 The Union may file a group or policy grievance at Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of shall not file an individual grievance as a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may group or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the policy grievance.
SECTION 3. Upon being submitted 6.04 It is understood that the Employer may bring forward any complaint to Step 2 the PWU Staff Officer or PWU Sector V.P. with respect to the conduct of the Grievance ProcedureUnion, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date its Officers or Stewards, and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure that if such complaint by the Employer must contain is not settled to the reasons for the rejection.
SECTION 4. Failure on the part mutual satisfaction of the Employer to respond to conferring parties, it may be treated as a grievance at any step shall be deemed a denial thereof, and referred to arbitration in the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to same way as the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially an employee starting at Step 3 in the first instance, within the time limit specified in Section 2 of this Article2.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION Step 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and such grievances shall be processed and disposed of in the following manner:
Step 1 : An employee having a grievance and/or complaint relating to the working conditions under which he is then working shall advise his ▇▇▇▇▇▇▇ or supervisor and may request the presence of his commit- teeman while doing so. Such ▇▇▇▇▇▇▇ or supervisor shall arrange for the attendance of the committeeman as soon as possible, and in no instance to exceed fifteen (15) minutes, and such committeeman shall be allowed to talk to the employees involved at the employee’s Union representative 's
Step 2: If the complaint is not settled to the satisfac- tion of the employee involved, the employee shall discuss it submit a grievance to the Senior Area Manager in writing on forms supplied by the company, either directly or through his com- mitteeman. It shall be optional to the Company to decline to consider any grievance the alleged circumstances of which originated or occurred more than five (5) working days prior to its presentation. The Senior Area Manager or the Human Resources Manager shall deal with the employee’s immediate supervisor grievance and deliver an answer in writing to the committeeman not later than the fifth working day next following the day upon which he received the grievance.
Step 3: If the grievance is not settled under Step the committeeman will within three (3) working days of the decision under Step or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise day the decision under Step should have been given, submit an appeal to the grievance, whichever is laterCompany. Thereupon the par- ties shall meet to discuss the grievance within one (1) week after the appeal has been filed. The Employer Union shall respond be represented by the Plant Chairman, the committeeman involved in the filing of the grievance and the if he ▇▇- ▇▇▇▇▇ to be present. The Company shall give its written decision on the employee or the employee’s Union representative grievance within five (5) working days after following the presentation meeting. A National Representative or Representative of Local of the Union may be present and participate in any meetings of the Plant Committee and the Company. At no time may an employee or group of employees file a grievance on behalf of anoth- er employee. A "group grievance" is defined as a single grievance, signed by a committeeman on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance in procedure commencing at Step 1.
Step 2 If The shall be listed on the grievance is not settled in Step 1, the form. A policy grievance may, within five (5) working days after the response in Step 1, may be presented in Step 2. When grievances are presented in Step 2, they shall be reduced submitted by either party to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the arbitration under Article bypass- ing Steps Such policy grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered signed by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care committeeman in the case of class grievances, no more than two (2) employees per shift, per unit, plus the Union or by a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 representative of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided Company in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 case of the grievance procedure, but shall not be subject to arbitrationCompany.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A For the purposes of this agreement, a grievance is defined as a dispute between difference arising the Employer and parties relating to the Union and/or interpretation, application, administration or alleged violation of the agreement including any question as to whether a matter is arbitrable. It is the mutual desire of the parties hereto that the complaints of the employees concerning be adjusted as quickly as possible. Not more than five working days after the interpretation circumstances giving rise to a grievance first occurred or application originated, the employee involved shall take up the matter by way of written complaint with the assistant manager. Within five working days receiving the complaint as aforesaid, the assistant manager shall give the complaining employee a specific provision decision and return to her the written complaint without keeping a copy. Failing settlement or failing a response, the matter may then be taken up as a grievance within five working days following the advice of this Agreement, and such grievances the assistant manager's decision. It is understood that an employee has no grievance until he has first given the assistant manager the opportunity of adjusting his complaint. Where the grievance procedure is invoked it shall be processed and disposed of proceed in the following manner:
Step 1 An manner and sequence: The aggrieved employee, who may be accompanied by his ▇▇▇▇▇▇▇ if the employee having a wishes, shall present his grievance and/or in writing to the employee’s Union representative manager. The grievance shall discuss it with include the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days nature of the occurrence or knowledge giving rise to the grievance, whichever is laterthe remedy sought and the provisions of the collective agreement which are alleged to have been violated. The Employer manager shall respond to the employee or the employee’s Union representative deliver his decision in writing within five (5) seven working days after following the presentation of the grievance to him. Failing settlement: The Plant Chairman shall, within three working days after the decision in Step 1.
Step 2 If is given, notify the Plant Manager in writing that the Plant Manager's written reply to the grievance is not settled in Step 1, the grievance may, within satisfactory. Within five (5) working days after the response in Step 1delivery of the written notice from the Plant Chairman, a meeting will be presented in Step 2held between the president or his appointee and the shop committee. When grievances are presented in Step 2A representative of the Union may be present at the request of either the Company or the Union and it is further understood that the president or his appointee may have such assistance as he may desire at such meeting. Failing settlement, they the decision of the Company shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative delivered in writing within seven working days to the Director Union. Failing settlement under the foregoing procedure of Nursing/Administrator or designeeany grievance between the parties, or with whomever such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten working days after the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of Company's decision under paragraph is given the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting deemed to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of righthave been settled. It is agreed that either party may or may not present witnesses at arising directly between the discretion of either party during Company and the settlement conference. The settlement conference Union shall be held within ten (10) working days of submission originated between the shop committee and the president of the Company or his appointee. Such a grievance at Step 3. The Employer shall respond must be filed in writing with the other party within five (5) working days after the date of the settlement conference circumstances giving rise to it first occurred or submission, if no settlement conference is requestedoriginated. The time limits for set out in Step shall appropriately apply. No matter which could be grieved by an individual employee shall form the submission basis of a grievance under this paragraph. A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is with the Company by the employee/Union representative, shop committee within five working days after the setting of a settlement conference, or the Employer’s response discharge is effected. A meeting will then be held in accordance with Step and such special grievance may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through settled under the grievance procedure described or arbitration procedure by:
(a) Confirming the Company's action in dismissing the employee; Reinstating the employee with or without loss of seniority rights and with or without full compensation for time lost; or By any other arrangement which may be deemed just and equitable. ARTICLE Arbitration When either party. requests that any matter be to arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party to the Agreement, and at the same time appoint a nominee; provided, however, that ifsuch party fails to appoint a nominee as herein within ten (10) working days required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed shall attempt to select by agreement a Chairman of the occurrence Arbitration Board. If they are unable to agree upon such a Chairman within a period of ten working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial No person may be appointed as a nominee who has been involved in an attempt to negotiate or condition which it is claimed gave rise to settle the grievance.
SECTION 3. Upon being No matter may be submitted to Step 2 arbitration which has not been properly carried through all requisite steps of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and Arbitration Board shall not thereafter be considered subject authorized to make any decision inconsistent with the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto, and formal counseling the decision of the Chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both Article Grievance Procedure and Article Arbitration, are mandatory and Section of the Labour Relations Act shall not subject to review as grievancesapply. Written reprimands However, any such time limit may be appealed up to step 3 extended by consent of the grievance procedure, but shall not be subject parties to arbitrationthis Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is 18.1 Any difference between a dispute teacher covered by this agreement and the Board or in a proper case between the Employer Local of the Alberta Teachers' Association, or the Alberta Teachers’ Association, and the Union and/or the employees Board concerning the interpretation interpretation, application, operation or application of a specific provision alleged violation of this Agreementagreement and further including any dispute as to whether the difference is arbitrable, and such grievances shall be processed and disposed dealt with as follows, without stoppage of work or refusal to perform work.
18.2 Such difference (hereinafter called "a grievance") shall first be submitted in writing to the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days secretary treasurer of the occurrence or knowledge Board and to the chairperson of the local economic policy committee and coordinator of teacher welfare. Such written submission shall be made within 30 days after the incident giving rise to the grievance. Such grievance shall set out the nature of the grievance, whichever the articles of this agreement which it is later. The Employer shall respond to alleged have been violated and the employee or remedy sought.
18.3 In the employee’s Union representative event the grievance is not settled within five (5) working 30 days after the presentation date of submission of the grievance in Step 1accordance with the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid 30 day time period, the grievance shall be referred in writing to the secretary treasurer of the Board. A grievance committee shall be composed of three representatives of the Board however, a quorum of this committee shall be two representatives.
Step 2 18.4 If the grievance is not settled in Step 1, resolved within the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that said time then either party may or may not present witnesses at by written notice served on the discretion other party require the establishment of either party during the settlement conferencean arbitration board as hereinafter provided. The settlement conference shall Such notice must be held given within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working 10 days after the date the aforesaid 30 day limit expires or the date the grievance committee renders a decision, whichever is shorter.
18.5 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the settlement conference appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint, any party may request the director of mediation services to make the necessary appointment.
18.6 The arbitration board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and to be heard.
18.7 The arbitration board shall not change, amend or submission, if no settlement conference alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is requested. The time limits for contrary to any provisions of this agreement or that involves the submission determination of a grievance subject matter not covered by or arising during the employee/Union representativeterm of this agreement.
18.8 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the setting decision of a settlement conferencethe chairman governs and it shall be deemed to be the award of the board.
18.9 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman provided, or the Employer’s response however, that this time period may be extended by mutual agreement in writing for no more than an additional five (5) working days at each written consent of the above-referenced stepsparties.
SECTION 2. Any 18.10 Each party to the grievance shall be void which is not presented for disposition through bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman.
18.11 All of the aforesaid time limits referred to in the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be consecutive calendar days but be exclusive of Saturdays, Sundays, statutory holidays and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employeessummer break.
SECTION 8. A 18.12 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) a party fails to take the necessary action within the time limit specified, the grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority shall be deemed to settle, may initially be presented at Step 3 by the Union representativean end.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 18.13 Any of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands aforesaid time limits may be appealed up to step 3 extended at any stage upon the written consent of the grievance procedure, but shall not be subject to arbitrationparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between Section A. Grievances arising from the Employer and the Union and/or the employees concerning the operation or interpretation or application of a specific provision of this Agreement, and such grievances Agreement shall be processed and disposed of handled in the following manner:
Step 1 An The aggrieved employee having a grievance and/or or employees involved and their Shop Stew▇▇▇ ▇▇▇ll discuss the employee’s Union representative shall discuss it issue with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) three working days of the occurrence or knowledge giving rise date the employee(s) should have reasonably discovered the grievance existed. It is recognized that the supervisor may not always be able to immediately hold the grievance, whichever is laterdiscussion and in such cases may schedule the discussion within 48 working hours after having been notified that a grievance exists. The Employer shall respond discussion will take place during working hours in a timely and efficient manner. The supervisor will make a good faith effort to listen and respond. Every effort will be made by both parties to mutually resolve the employee or the employee’s Union representative grievance at this step. The supervisor will issue a written response within five (5) 48 working days after the presentation hours of the grievance in Step 11 meeting.
Step 2 If the grievance is not settled in resolved at Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they 1 it shall be reduced to writing, signed writing and presented to the Plant Manager within 7 days of the Step 1 answer. A meeting will be scheduled by the grievant and/or parties once per month at 3 PM to discuss Step 2 grievances. The Plant Manager will meet with the Union representative and Grievance Committee, shop stew▇▇▇ ▇▇▇ the grievant(s). The Grievance Committee shall consist of the three top officers of the local union. The Plant Manager shall provide a written answer within 7 days of the meeting. All grievances involving discharge shall be presented at Step 2 within five working days after written notice of reason for discharge has been presented by the grievant and/or the Union representative Company to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievancedesignated Local Union official.
Step 3 If the grievance is not settled in resolved at Step 22 it shall be referred to the Vice President of Manufacturing within 7 days of the Step 2 answer. A meeting will be scheduled by the parties once per month at 3 PM to discuss Step 3 grievances. The Vice President of Manufacturing shall meet with the Union Business Agent (or their designee), the Grievance Committee, shop stew▇▇▇ ▇▇▇ the grievant(s). The Vice President of Manufacturing shall provide a written answer within 10 days of the meeting. If the grievance is not resolved at Step 3, the grievance may, within five (5) working days after the response in Step 2, may be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step submitted to arbitration according to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, terms or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance Arbitration procedure described herein contained within ten (10) working this Agreement within 20 days of the occurrence or condition which it is claimed gave rise to the grievanceStep 3 answer.
SECTION 3. Upon being submitted to Step 2 Section B. In all cases the failure of the Grievance Procedure, Union to present a grievance within the specified time limits shall mean that the grievance shall be reduced to writingis forfeited. The written grievance must set forth all failure of the following:
A. The date and Company to provide an answer in time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care an answer in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall negative. Said time limits may only be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedureextended my mutual agreement.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
GRIEVANCE PROCEDURE. SECTION 1. Section 17.1 A grievance is a dispute between shall be defined as an alleged violation of the Employer and the Union and/or the employees concerning the meaning, interpretation or application of a specific provision Article or Section of this Agreement.
Section 17.2 If any grievance arises, there shall be no stoppage or suspension of work because of such grievance.
Section 17.3 Step 1. Any grievance or complaint shall be discussed with the supervisor for settlement. Any Employee or group of Employees who have a grievance may be accompanied by their ▇▇▇▇▇▇▇, if so desired, and such grievances shall be processed and disposed of in must submit it to the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) regularly scheduled working days from the date of occurrence. The supervisor shall investigate and advise the grievant and/or ▇▇▇▇▇▇▇ of the occurrence or knowledge giving rise to disposition of the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative complaint within five (5) regularly scheduled working days after it has been made to the supervisor. In the event the complaint is not satisfactorily settled in this manner, the following procedure shall apply.
Section 17.4 Step 2. To be processed thereafter, a grievance must be reduced to writing, state the facts upon which it is based, when they occurred, specify the Section of the Agreement which has allegedly been violated, must be signed by the Employee filing the grievance, and must be presented to the City Manager (or designee) within five (5) regularly scheduled working days after receipt of the oral answer from the supervisor. The City Manager (or designee) shall meet with the Union's representative within ten (10) regularly scheduled working days. The City Manager (or designee) shall give a written answer to the aggrieved Employee and to the ▇▇▇▇▇▇▇ within five (5) regularly scheduled working days after such meeting with the Union. If the answer is mutually satisfactory, the Employee or his ▇▇▇▇▇▇▇ shall so indicate in writing, giving one (1) copy of the settled grievance to the City Manager (or designee).
Section 17.5 Step 3. If the grievance has not been settled at Step 2 and if it is to be appealed, it must be served upon the City Commission's Personnel Committee within five (5) regularly scheduled working days after receipt by the City Manager (or designee). The City and the Union representative shall meet to consider the grievance within ten (10) regularly scheduled working days after the presentation City Commission's Personnel Committee receives notice of appeal to this step. The City Commission's Personnel Committee shall give the Union representative a written answer to the grievance in Step 1triplicate, communicated through the mail to an address supplied to the City Manager (or designee) by the Union, postmarked no later than ten (10) regularly scheduled working days after the date of such meeting.
Step 2 If Section 17.6 The Union, if not satisfied with the grievance is not settled in Step 1Personnel Committee's disposition of the grievance, the grievance may, within five (5) working days of receipt of notification of the Personnel Committee's disposition, notify the City of its intent to submit the grievance to arbitration. The arbitrator for all grievances arising during the term of this Agreement shall be a resident of the City of Hudsonville selected by mutual agreement of the City and the Union within thirty (30) days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions execution of this Agreement.
SECTION 6. Anything If the parties are unable to the contrary herein notwithstandingagree on an arbitrator within that time, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified such grievances shall be deemed decided by an arbitration panel of three (3) members, one to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized selected by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisionsCity, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 one by the Union representative.
SECTION 9and the third by the first two. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, All three panel members shall be released from work for grievance meetings under Steps 1 and 2 residents of the Grievance Procedure.
SECTION 10City of Hudsonville. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 decision of the grievance procedurearbitrator or of a majority of the arbitration panel shall be final and binding on the City, but shall not be subject to arbitrationthe Union and the Employee or Employees affected.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is may be filed by an employee to protest a dispute between the Employer and the Union and/or the employees concerning the interpretation termination, suspension, or application violation of a specific provision of this Agreement. If an appeal or formal complaint with respect to an action, matter, or proposed action is or has been filed under a separate procedure provided by law or federal regulation, a grievance regarding such action, matter, or proposed action will not be accepted under this Agreement, or if already accepted, processing of it will be discontinued, and such it will not be further considered or decided under this Agreement. All grievances that may arise on any work covered by this Agreement must be filed within five working days after the occurrence of events giving rise to the grievance and shall be processed and disposed of handled in the following manner:
Step 1 An I: Between the aggrieved employee having a grievance and/or the employee’s Local Union representative shall discuss it with Representative and the employee’s immediate supervisor onsite Staff Supervisor. It is understood that the Local Union Representative shall have permission to telephone the Council for guidance in any situation that may arise during working hours. On grievances involving matters affecting more than one craft or whichever management person made having project-wide impact, the grievable decision job site representative shall be included in Step I. Step II: Between an International Union Representative, the job site representative, and the Labor Relations Manager of the Contractor. This step must be initiated by the Local Union Representative within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation start of the grievance in Step 1I. Decisions and resolutions of grievances at Steps I and II should not be considered precedential.
Step 2 1. If the grievance is not satisfactorily settled in Step 1, the grievance may, within five (5) working days after the response start of Step II, the information prepared for Step II plus any other supplemental information, facts, or positions developed in Step 1, II shall be presented submitted in Step writing to the Joint Administrative Committee within five working days by either party.
2. When grievances are presented in The Joint Administrative Committee shall consider the grievance after receipt from Step 2II. In the event agreement is not reached within ten working days of receipt, they shall be reduced to writing, signed by the grievant and/or Contractor or the Union representative and presented by the grievant and/or the Union representative Council may appeal within ten working days to the Director arbitrator selected under Article II:P of Nursing/Administrator or designeethis Agreement. However, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits this step of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response procedure may be extended waived by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, between both parties and the grievance shall then be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed immediately referred to the aggrieved employee arbitrator in accordance with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 IV of this Article.
SECTION 71. All time limits herein specified Within five working days after the grievance has been referred to Step IV the parties shall be deemed to be exclusive of Saturdayscontact the arbitrator and schedule a hearing within 20 calendar days, Sundays, or as otherwise mutually agreed. The arbitrator shall only have jurisdiction and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settledetermine the meaning, may initially be presented at Step 3 by application of, or compliance with the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this AgreementAgreement and shall not have jurisdiction or authority to add to, detract from, alter in any way such provisions, nor to render any decision on jurisdictional issues.
2. In arbitration proceedings, the expenses of arbitration shall be shared by the Contractor and formal counseling are not subject to review as grievancesthe Council Union involved.
3. Written reprimands may be appealed up to step 3 The findings of the grievance procedure, but arbitrator shall not be subject to arbitrationbinding on both parties.
Appears in 1 contract
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation or application of a specific provision The parties of this Agreement, agreement are agreed that it is of the utmost importance to adjust complaints and such grievances as quickly as possible. No grievance shall be processed considered where the circumstances giving rise to it occurred or originated more than five full working days before filing of the grievance. Grievances properly arising under this agreement shall be adjusted and disposed of in the following mannersettled as follows:
Step 1 An The aggrieved employee having shall present his grievance orally or in writing to his ▇▇▇▇▇▇▇. He shall have the assistance of his ▇▇▇▇▇▇▇ or an executive member if he so desires. If a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days of the occurrence or knowledge giving rise to the grievance, whichever is later. The Employer shall respond settlement satisfactory to the employee or the employee’s Union representative concerned is not reached within five (5) two working days after the presentation of (or any longer period which may be mutually agreed upon) the grievance in Step 1may be presented as follows at any time within two working days thereafter.
Step 2 If the The aggrieved employee with his ▇▇▇▇▇▇▇ or an executive member, may present his grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they which shall be reduced to writing, signed writing on a form supplied by the grievant and/or the Union representative and presented approved by the grievant and/or the Union representative Company) to the Director of Nursing/Administrator Plant Manager or designeehis designate, or with whomever is who shall consider it in the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits presence of the grievance shall person or persons presenting same, and the ▇▇▇▇▇▇▇, and render his decision in writing. Should no settlement satisfactory to the employee be held reached within five (5) two working days. The , the next step in the grievance in Step 2 shall procedure may be answered by the Employer in writing taken at any time within five (5) two working days after the meeting to discuss the grievancethereafter.
Step 3 If the The aggrieved employee may submit his grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step writing to the Director Plant Executive Committee. A maximum of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission three members of a grievance in Step 3, request a settlement conference for this Committee shall meet with the purpose of exchanging information in resolution of management to consider the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference Such meeting shall be held within ten (10) working days of submission of the grievance at Step 3being presented to the Company. The Employer shall respond in writing At this stage, they may be accompanied by a representative of the International if his or her presence is requested by either If final settlement of the grievance is not completed within five (5) seven working days after deliberations have commenced and if the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended referred by mutual either party to the single arbitrator as provided in Article VII below, at any time within twenty-one days thereafter, but no later. Any difference arising directly between the Company and the Union regarding an alleged violation of this agreement may be submitted in writing for no more than an additional five (5) working days by either party pursuant to this Article at each of the above-referenced steps.
SECTION 2Step No. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectionand ultimately to arbitration if necessary.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1Section 9.1. A grievance Any claim by the Association, an employee, or group of employees, that there has been a violation, misinterpretation, or misapplication of the terms of this Agreement is a dispute between grievance if submitted in writing as such on a timely basis.
Section 9.2. All time limits consist of workdays, which shall be defined as those days on which the Employer District’s Business Office is open.
Section 9.3. The parties hereto acknowledge that it is usually most desirable for an employee and the Union and/or immediate supervisor to solve any problems through free and informal communication. Accordingly, the employees concerning parties shall attempt to informally resolve any grievance. If, However, the interpretation informal process fails to satisfy the employee or application of the Association, a specific provision of this Agreement, and such grievances shall grievance may be processed and disposed of in the following manneras follows:
Step 1 An employee having a I. The Association or the grievant may present the grievance in writing within twenty (20) workdays of the event giving rise to the grievance. The grievance shall be delivered to the Facilities Manager who, within seven (7)
Step II. If the grievance is not resolved at Step I, then the Association and/or the employee’s Union representative shall discuss it with grievant may refer the employee’s immediate supervisor grievance to the Superintendent or whichever management person made the grievable decision his designee within five (5) working days workdays after receipt of the occurrence or knowledge giving rise to the grievance, whichever is laterStep I response. The Employer shall respond to the employee or the employee’s Union representative within five Within seven (57) working days after the presentation workdays of the grievance in Step 1.Superintendent’s or his official designee’s receipt of the appeal, the Superintendent or designee will set a date for a second step meeting to be held with the Association representative. Within ten (10) workdays of the meeting, the
Step 2 III. If the grievance is not settled in resolved at Step 1II to the satisfaction of the Association, the grievance may, within five (5) working days after may be referred to binding arbitration by notifying the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits President of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director Board of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held Education within ten (10) working days workdays of submission receipt of the grievance at Step 3II written decision. At the same time, the Association shall forward a demand for arbitration to the FMCS requesting a panel of seven (7) arbitrators.
Section 9.4. The Employer shall respond in writing within five (5) working days after Board acknowledges the date right of the settlement conference or submission, if no settlement conference is requested. The time limits for Association’s grievance representative to participate in the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection processing of a grievance at any step level, and no employee shall be required to discuss any grievance if the Association’s representative is not present. The Association at Step II may initially file class grievances involving one or more employees. Should the attendance at a meeting involving any grievance that an employee or an Association representative be released from his/her regular duties; the employee shall be released without loss of pay or benefits.
Section 9.5. No reprisals shall be taken by the employer against any employee because of the Grievance Procedure by employee’s participation in a grievance.
Section 9.6. Should the Employer must contain Board’s investigation or processing of any grievance require that an employee or an Association representative be released from his or her regular assignment, the reasons employee and/or Association representative shall be released for a reasonable time period without loss of pay or benefits. This includes an employee testifying in an arbitration hearing, if scheduled during the employee’s work hours, as well as one employee representative for the rejectionAssociation at an arbitration hearing.
SECTION 4Section 9.7. Failure on the part of the Employer to respond All records related to a grievance shall be filed separately from the personnel files of an employee.
Section 9.8. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. However, if the other party requests a copy of the transcript, the cost shall be borne equally.
Section 9.9. By mutual agreement, a grievance may be settled at any step shall be deemed a denial thereof, and the Union may proceed to the next stepwith or without establishing precedent.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1To provide for the expeditious and mutually satisfactory settlement of grievances with respect to wages, hours of work and other conditions of employment, the procedure hereinafter set forth shall be followed. A grievance is a dispute between Nothing contained in this Agreement shall deprive any individual employee of the Employer and right to discuss with any supervisor or executive of the Company matters in his own interest. However, after the Union and/or has referred a grievance to the Company for adjustment, the Company will not initiate discussion of the matter with the employee involved, nor adjust the grievance pending settlement with the Union. Page ‘The Committee has the right to fully investigate any legitimate complaint, grievance or alleged violation of the Contract. Employees have the right to have complaints or grievances handled by a Committee member with the option to be present in Steps and if they want to. Representation by a member of the Committee is to be made available without delay upon request by the employee, When an employee or group of employees concerning wish to have a grievance presented for settlement by the interpretation or application of a specific provision of this AgreementUnion, and such grievances grievance shall be processed presented as outlined below and disposed of in the following manner:
Step 1 An employee having a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days settlement effected at one of the occurrence or knowledge steps indicated. Except in cases of dismissal, any grievance which is not presented within fourteen (14) days following the event giving rise to the grievancegrievance shall be forfeited and waived by the aggrieved party. COMPLAINTS It the desire of the parties hereto that legitimate complaints of employees shall be adjusted as quickly as possible. If an employee has any complaints which he wishes to discuss with the Company, whichever the employee shall along with or through his ▇▇▇▇▇▇▇, discuss the matter with immediate superior. If such a complaint is later. The Employer shall respond not settled to the employee or satisfaction of the employee’s Union representative griever concerned within five (5) one working days after day, the presentation following steps of the grievance procedure may be invoked in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2order. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a STEP ONE A meeting to discuss the merits of the grievance shall be held within five (5) working daysdays of a written grievance being filed with management. In attendance at said meeting will be the Branch Manager or his appointee, The grievance in Step 2 shall Union Committee as per and the Managements reply will be answered by the Employer issued in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 of said meeting. STEP TWO If the grievance is has not been settled satisfactorily in Step 2step one above, the grievance may, then within five (5) working days after the response in Step 2, grievance must be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this submitted to step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievancetwo. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference meeting shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by being submitted at step two, attending said meeting shall be the employee/Union representativeCompany Director of Industrial Relations, the setting of a settlement conferenceBranch Manager or their appointees, or the Employer’s response may Grievance Committee, the and the Union Business Agent. Management reply will be extended by mutual agreement issued in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievancesaid meeting.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. SECTION 1Section 1 The parties agree that the grievance and arbitration procedure set forth in this Article shall constitute the sole and exclusive method for handling any dispute concerning the meaning or application of the provisions of this Agreement. The parties agree to construe the provisions hereof reasonably and in good faith to the end that neither party shall, under any circumstance, resort to a lockout or work stoppage or any other interruption of operations by reason of any dispute arising during the term of the Agreement. The parties have bargained and negotiated in good faith with respect to every provision of this Agreement and acknowledge the efficacy of this grievance and arbitration procedure.
Section 2 A grievance is a dispute between the Employer and the Union and/or the employees concerning the interpretation complaint involving: interpretations or application of a specific provision the provisions of this Agreement, and such disputes over unreasonable company policies affecting hourly workers, or other disputes between the parties relating to a condition of employment. All written grievances shall be processed and disposed of in must follow the following manner:procedure.
Step 1 An Any employee having or any one of a group of employees who has a grievance and/or the employee’s Union representative shall first discuss it his grievance with their immediate supervisor and with the employee’s immediate supervisor or whichever management person made the grievable decision within five (5) working days assistance of the occurrence or knowledge giving rise to the grievance, whichever is latera Committeeperson. The Employer Supervisor shall respond to the employee or the employee’s Union representative within five give an answer no later than three (53) working days after the presentation of the grievance in Step 1regularly scheduled workdays.
Step 2 If the grievance is not settled in Step 1still unsettled, the grievance may, within five (5) working days after complaint shall then be discussed between the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by Committeeperson and the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits General Plant Supervisor of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievancedepartment at a mutually agreed upon date and time.
Step 3 If still unsettled, the complaint may be put in writing within three (3) days by the Committeeperson as a grievance and shall then be discussed between the Union Chairperson and the General Plant Supervisor, or Human Resource Manager at a mutually agreed upon time. A written answer shall be given within three (3) days unless an extension is not settled in requested by either party.
Step 24 If still unsettled, the grievance mayshall again be discussed at the next scheduled meeting between the Shop Committee of Local 771, the Local Union President and/or the International Representative and the Human Resource Manager or his representative. Step 4 meeting will be held prior to the Management / Labor Committee meeting or at a mutually agreed upon time. A written answer shall be given within five three (53) working days unless an extension is requested by either party.
Section 3 Complaints must be filed with the Company no later than three (3) days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void facts occurred which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted complaint, and the Union must process the complaint or grievance to Step 2 each subsequent step of the Grievance Procedure, grievance procedure no later then three (3) days of the receipt of the Company’s last answer or the grievance shall be reduced to writingsettled based on the Company’s last answer unless an extension is requested by either party. The written grievance Company must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement respond to each step of the grievance and facts;
C. The remedy requested;
D. The violation of procedure within the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representativeestablished period for that step. In the absence of these specific detailsevent the Employer fails to do so, the employer is under no obligation to accept grievance will be considered honored and adjustment will be made in accordance with the grievance at step one and will return the grievance so as to be properly completedgrievant’s request. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with If a copy furnished to the Union. A rejection of situation arises where a grievance at any step member of the Grievance Procedure by Bargaining Committee has a problem meeting with an employee to investigate a grievance, the Employer must contain Bargaining Committee Member should contact the reasons for Human Resource Manager who will arrange the rejectionrequested meeting in a timely manner.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
GRIEVANCE PROCEDURE. SECTION 13.01 The grievance procedure, except for such working conditions as are governed by regulations made by the Lieutenant Governor in Council under the Police Services Act shall be as hereinafter set out. A grievance is a dispute Should any difference arise between the Employer Board and any member of the Police Service who are governed by this agreement, as to the interpretation, application, administration or alleged violation of the provisions of this agreement, it is agreed between the Board and the Union and/or the employees concerning the interpretation or application of a specific provision of this Agreement, and Police Association that such grievances shall difference will be processed and disposed of settled without undue delay in the following manner:
: An aggrieved member shall first present his/her complaint orally to the most senior ranking officer on duty who oversees the member or his /her unit not later than the end of the next regular working day following the occurrence. The senior officer shall give his/her decision not later than the end of the second working day following the occurrence. If a member wishes to appeal the decision of the senior officer (as referred to in Step 1 An employee having #1) he or she shall submit the complaint in writing within seven (7) days from the occurrence to the Grievance Committee of the Police Association. If the Grievance Committee wish to appeal the decision of the senior officer they shall submit the grievance in writing to the Chief of Police not later than seven (7) days after the grievance has been presented to them. The Chief of Police or such other Officer as regulations allow, shall have a hearing and give his decision on the grievance and/or in writing not later than fourteen (14) working days after the employee’s Union representative grievance was presented to him. The Grievance Committee shall discuss it with not present any grievance to the employee’s immediate supervisor Chief of Police later than fourteen (14) working days from the occurrence. If the decision of the Chief of Police or whichever management person made such other Officer as regulations allow is not satisfactory to the grievable member concerned and, if the Grievance Committee wish to appeal the decision of the Chief of Police or such other Officer as detailed, they shall submit the grievance in writing to the Secretary of the Board within five fourteen (514) working days of the occurrence or knowledge giving rise to the grievance, whichever is laterChief of Police’s decision. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after the presentation of Board will deliver its decision on the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held within five (5) working days. The grievance in Step 2 shall be answered by the Employer in writing within five (5) working days after the meeting to discuss the grievance.
Step 3 If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of the grievance at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference or submission, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working 14 days of the occurrence or condition which it Board’s next regularly scheduled meeting. If additional time is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedurerequired, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of member bringing forward the grievance and facts;
C. The remedy requested;
D. The violation the Belleville Police Association will be advised of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejectiondelay.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employees.
SECTION 8. A grievance which affects two (2) or more divisions, and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 and 2 of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 of the grievance procedure, but shall not be subject to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. SECTION 1. A grievance is a dispute 11.01 Any complaint, disagreement or difference of opinion between the Employer and Company, the Union and/or Union, or the employees concerning covered by this Agreement, which concerns the interpretation or application of a specific provision the terms and provisions of this Agreement, and such grievances Agreement shall be processed and disposed of in governed by this Article. Any employee, the following manner:
Step 1 An employee having Shop ▇▇▇▇▇▇▇, the Union or the Company may present a grievance and/or the employee’s Union representative shall discuss it with the employee’s immediate supervisor or whichever management person made the grievable decision grievance. Any grievance, which is not presented within five twenty (520) working days of following the occurrence or knowledge event, giving rise to the such grievance, whichever is latershall be forfeited and waived by the aggrieved party. Any employee who has a complaint, disagreement or difference of opinion (the complaint) with the employer shall first discuss the matter in dispute with his/her immediate supervisor. The Employer shall respond to the employee or the employee’s Union representative within five (5) working days after supervisor may request the presentation presence of the grievance in a Shop ▇▇▇▇▇▇▇. If a satisfactory settlement cannot be reached at Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the response in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or the Union representative and presented by the grievant and/or the Union representative to the Director of Nursing/Administrator or designee, or with whomever is the individual who possesses the authority to correct the contractual violation or modify the disciplinary action, after which a meeting to discuss the merits of the grievance shall be held 1 within five (5) working days, then the complaint shall be advanced as a grievance, consistent with this Article. The grievance shall be submitted in writing on a form supplied by the Union to the Plant Manager for discussion between the Plant Manager, Employee, Shop ▇▇▇▇▇▇▇ and/or the Union Representative setting out the following:
(a) the nature of the grievance and the circumstances out of which it arose;
(b) the remedy or correction required and;
(c) the article(s) of the agreement claimed to have been violated If a satisfactory settlement cannot be reached at Step 2 shall be answered by the Employer in writing within five (5) working days after days, then the meeting matter may be referred to discuss the grievance.
Step 3 Board of Arbitration established by Article 12. If the grievance is has not settled in Step 2, been advanced within the grievance may, within five (5) working days after the response in Step 2, be presented by the grievant and/or Union representative in Step 3. The grievance shall be presented in this step to the Director of Employee/Labor Relations and Workforce Compliance Department or his or her designee. The Union may, upon submission of a grievance in Step 3, request a settlement conference for the purpose of exchanging information in resolution of the grievance. A settlement conference shall be granted as of right. It is agreed that either party may or may not present witnesses at the discretion of either party during the settlement conference. The settlement conference shall be held within ten (10) working days of submission of following the grievance answer at Step 3. The Employer shall respond in writing within five (5) working days after the date of the settlement conference One or submissionStep Two, if no settlement conference is requested. The time limits for the submission of a grievance by the employee/Union representative, the setting of a settlement conference, or the Employer’s response may be extended by mutual agreement in writing for no more than an additional five (5) working days at each of the above-referenced steps.
SECTION 2. Any grievance shall be void which is not presented for disposition through the grievance procedure described herein within ten (10) working days of the occurrence or condition which then it is claimed gave rise to the grievance.
SECTION 3. Upon being submitted to Step 2 of the Grievance Procedure, the grievance shall be reduced to writing. The written grievance must set forth all of the following:
A. The date and time when the grievance arose;
B. A statement of the grievance and facts;
C. The remedy requested;
D. The violation of the specific provision of the agreement which is claimed; and
E. Signature of the aggrieved employee and/or the Union representative. In the absence of these specific details, the employer is under no obligation to accept the grievance at step one and will return the grievance so as to be properly completed. All Employer responses required in Steps 1, 2 and 3 above shall be in writing directed to the aggrieved employee with a copy furnished to the Union. A rejection of a grievance at any step of the Grievance Procedure by the Employer must contain the reasons for the rejection.
SECTION 4. Failure on the part of the Employer to respond to a grievance at any step shall be deemed a denial thereof, and the Union may proceed to the next step.
SECTION 5. Any disposition of a grievance from which no appeal has been taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
SECTION 6. Anything to the contrary herein notwithstanding, a grievance concerning a discharge, suspension or demotion, health and safety or union rights may be presented initially at Step 3 in the first instance, within the time limit specified in Section 2 of this Article.
SECTION 7. All time limits herein specified shall be deemed to have been abandoned.
11.02 The term “working day”, for the purpose of this Article shall not be exclusive of deemed to include Saturdays, Sundays, Sundays and stated holidays as provided in Article 31, and any other holidays officially recognized by the Employer for Human Resources Department employeespaid Holidays.
SECTION 8. A 11.03 Should any grievance which affects two (2) or more divisions, arise directly between the Company and which the Director of Nursing/Administrator or designee in Steps 1 and 2 lack authority to settle, may initially be presented at Step 3 by the Union representative.
SECTION 9. In order as to minimize the disruption to patient care in the case of class grievances, no more than two (2) employees per shift, per unit, plus a Union representative, shall be released from work for grievance meetings under Steps 1 interpretation and 2 application of the Grievance Procedure.
SECTION 10. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending except as set forth in Article 56 Safety and Health of this Agreement.
SECTION 11. Any subjects, except written reprimands, excluded from the Arbitration procedure (Article 7) shall also be excluded from the grievance procedure. Issues for which other appellate procedures are provided in the Code for Administrative Orders of Miami-Dade County, and/or Public Health Trust Personnel Rules and other provisions of this Agreement, and formal counseling are not subject to review as grievances. Written reprimands may be appealed up to step 3 the grievance shall commence with Step Two of the grievance procedure.
11.04 A Union Representative, but as contained in this Article, shall not be subject to arbitrationmean a full-time employee of the Teamsters Local Union No. 464.
Appears in 1 contract
Sources: Collective Agreement