Common use of Grievance Steps Clause in Contracts

Grievance Steps. Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisorDirector’s or designee’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be final and binding on determined by the employeepostmark or other evidence of delivery, whichever is earlier, to the Union, and agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the Employer unless it is timely foregoing procedure may be appealed to arbitration by the Union in accordance with this Articleby providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. Grievances concerning discharge or discriminationIf the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, or grievances filed by the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be filed initially a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee’s position description will be admitted into evidence at Step Twothe hearing. Group grievances claiming If the same alleged conduct involving employees who work under more than one supervisor Union disagrees with the accuracy of the position description, it may be filed initially file objections with the Management advocate accompanied by its version of what actual duties were performed at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.least two

Appears in 4 contracts

Samples: Preamble, dam.assets.ohio.gov, das.ohio.gov

Grievance Steps. 9.3.1 AMICABLE, CHESTERFIELD, AND CONCERNED CITIZENS Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer Employers unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Grievances shall be handled in Step One - Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisorDirector’s or designee’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two. If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be final and binding on determined by the employeepostmark or other evidence of delivery, whichever is earlier, to the Union, and Agency. Step Two - Appeal to Arbitration Grievances which have not been settled under the Employer unless it is timely foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in accordance the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a Union representative, the grievant or the employee whose duties are being challenged, and a Management representative and Agency designee who will present their arguments to the arbitrator. The employee’s position description will be admitted into evidence at the hearing. If the Union disagrees with this Articlethe accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. Grievances concerning discharge or discrimination, or grievances The objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee’s current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. The determination of a monetary award shall be filed initially in accordance with Section 19.02 Step One above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. Likewise, the parties mutually agree to reclassify the employee to a lower classification. The remedy ordered at any step of the grievance procedure, including a monetary award, shall be in accordance with Section 19.02 Step TwoOne, above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 3 contracts

Samples: ocsea.org, dam.assets.ohio.gov, www.dot.state.oh.us

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or 80% of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be final and binding on determined by the employeepostmark or other evidence of delivery, whichever is earlier, to the Union, and agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the Employer unless it is timely foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or 80% of the employee’s time if to a lower classification) as specified in accordance the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee's position description will be admitted into evidence at the hearing. If the Union disagrees with this Articlethe accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. Grievances concerning discharge or discrimination, or grievances The objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee's current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than 80% of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. The determination of a monetary award shall be filed initially in accordance with Section 19.02 Step One (1) above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. Likewise, the parties mutually agree to reclassify the employee to a lower classification. The remedy ordered at any step of the grievance procedure, including a monetary award, shall be in accordance with Section 19.02 - Step TwoOne (1), above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 3 contracts

Samples: Contract, Contract, irle.berkeley.edu

Grievance Steps. Grievances shall be handled in the following manner: 4/2/1 Step One: The grievantWithin seven (7) calendar days of receipt of the written grievance from the employee(s) or his/her representative, advocate the immediate supervisor and/or Union staff the designated employing unit representative shall present will schedule a meeting with the employee and his/her representative to hear the grievance orally and return a written answer to the grievantemployee and his/her representative. The parties can mutually agree to waive Step One. 4/2/2 Step Two: If dissatisfied with management’s immediate supervisor answer in Step One, to be considered further, the grievance must be appealed to the appointing authority or his/her designee (i.e., Division Administrator, Bureau Director, or personnel office) within seven (7) calendar days from receipt of the answer in Step One. The designated agency representative(s) will meet with the employee and his/her designated representative(s) to discuss and attempt to resolve the grievance. Following this meeting, the written decision of the agency will be placed on the grievance by the appointing authority or his/her designee and returned to the grievant and his/her representative, within twenty-one (21) calendar days from receipt of the appeal to Step Two. 4/2/3 Step Three: Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by either party within fifteen (15) calendar days from the date of the occurrence of agency’s answer in Step Two, or the facts or from the date the alleged violation first became known, whichever is latergrievance will be considered ineligible for appeal to arbitration. The supervisor shall respond in writing party to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely which unresolved second step grievances are appealed to arbitration is the Office of State Employment Relations. If an unresolved grievance is not appealed to arbitration, it shall be considered terminated on the basis of the Second Step answers of the parties without prejudice or precedent in the resolution of future grievances. The issue as stated in the Second Step shall constitute the sole and entire subject matter to be heard by the Union in accordance with this Articlearbitrator, unless the parties agree to modify the scope of the hearing. Grievances concerning discharge 4/2/4 For the purpose of selecting an impartial arbitrator, the parties or discriminationparty, acting jointly or grievances filed by separately, shall request the Union shall be filed initially at Step Two. Group grievances claiming Wisconsin Employment Relations Commission to appoint a staff member to serve as the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging impartial arbitrator of the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twogrievance.

Appears in 2 contracts

Samples: Agreement, Agreement

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the Unionparties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. The appropriate Program DirectorA request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee's time if to a higher classification or eighty percent (80%) of the employee’s response time if to a lower classification) specified in another classification specification, the Director shall be final and binding on order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the Union, parties agree to the reclassification of the person and position pursuant to the Employer unless it is timely appealed to arbitration by the Union in accordance with provisions of this Article. Grievances concerning discharge If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or discriminationdesignee shall issue an award of monetary relief, or grievances filed by provided that the Union shall be filed initially at Step Two. Group grievances claiming employee has performed the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into duties as previously specified for a group grievance and commenced at Step Two.period of four

Appears in 2 contracts

Samples: Contract, Contract

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisorDirector’s or designee’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and the Union. The appropriate Program DirectorIf the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s response work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall be final not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and binding on which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the Unionparties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the Employer unless it hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is timely approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The date of the filing of the grievance shall be determined by the postmark or other evidence of delivery, whichever is earlier, to the agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in accordance the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a Union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee’s position description will be admitted into evidence at the hearing. If the Union disagrees with this Articlethe accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. Grievances concerning discharge or discrimination, or grievances The objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee’s current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. The determination of a monetary award shall be filed initially in accordance with Step One (1) above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. Likewise, the parties mutually agree to reclassify the employee to a lower classification. The remedy ordered at any step of the grievance procedure, including a monetary award, shall be in accordance with Step TwoOne (1), above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 2 contracts

Samples: Agreement, Agreement

Grievance Steps. Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the UnionUnion no later than 14 calendar days from the date of the Step 2 meeting. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance Steps. Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the UnionUnion no later than 14 calendar days from the date of the Step 2 meeting. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Grievances shall be handled in the following manner: (Board of Regents, see Appendix J; Community Based Corrections, see Appendix P) A. Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen 1 Within fourteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (1014) calendar days of receipt of the presentation to agree to resolve written grievance from the grievance employee or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her Union representative, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution Appointing Authority or settlement is reached between the grievant and the supervisorhis/her designee, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program District Director or his/her designated representativedesignee for CBC, will meet with the appropriate Union representative at a mutually agreed upon time and date (with or without the aggrieved employee) and attempt to resolve the grievance. The grievant A written answer will be placed on the grievance following the meeting by the Appointing Authority or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of designee, or the supervisor’s decision from Step One. A meeting with the appropriate Program District Director or his/her representativedesignee for CBC, and returned to the employee and the Union representative within fourteen (14) calendar days from receipt of the written grievance submitted to the Appointing Authority. Settlements at this step will be non-precedent setting unless designated otherwise. If dissatisfied with the Employer’s answer in Step 1, to be considered further, the grievant and grievance must be appealed by facsimile transmission, regular U.S. mail, local mail (institutional, departmental or interdepartmental) or hand- delivered to the advocate Chief Operating Officer of DAS-HRE or Union staff representative shall be held not later than ten the Officer’s designee, or the District Director or his/her designee for CBC, within fourteen (1014) calendar days from receipt of the answer in Step 1. Within forty-five (45) calendar days after the receipt of the written appeal at Step 2, the designee of the Chief Operating Officer of DAS-HRE, or the District Director or his/her designee for CBC, will meet with the appropriate Union representative (with or without the aggrieved employee) and attempt to reach resolution of the grievance. The appropriate Program Director’s response shall On grievances which do not involve discipline or discharge, the parties will, where practicable and feasible, meet via a telephone conference. Within thirty (30) calendar days following this meeting, a written answer will be addressed issued and attached to the grievant and grievance by the Union. The appropriate Program DirectorChief Operating Officer of DAS-HRE or the Chief Operating Officer’s response shall be final and binding on designee, or the employee, the UnionDistrict Director or his/her designee for CBC, and departmental or interdepartmental), hand-delivered, or e-mail (if the Employer unless it is timely appealed to arbitration by the Union grievant provides an e-mail address). E-mails will be considered confidential personnel documents in accordance with this ArticleIowa Code Section 22.7. (Board of Regents, see Appendix J; Community Based Corrections, see Appendix P) Note: Grievances concerning discharge or discriminationfiled under Article IV, or Section 9 will be eligible to proceed to GRIP. All other grievances filed by the Union shall will be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoeligible to proceed to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Grievances shall be handled in Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance. The Agency Director or designee shall investigate and issue a decision within fifty (50) calendar days. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the supervisordecision of the Director or designee. If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., more than twenty percent (20%) of the employee’s decision rendered time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in Step One another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate Program Director classification; or his/her designated representative3) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. The grievant Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. If the grievance is not resolved within fifty (50) days of filing or the date of an agreed upon extension, it will be automatically eligible for appeal. Appeal to Alternative Dispute Resolution (ADR) Grievances which have not been resolved under the foregoing procedure may be appealed to ADR by the Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisorappeal. The Union shall propose the grievance for ADR within one hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., more than twenty percent (20%) of the employee’s decision from Step Onetime if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in the classification specification other than the one to which the employee is currently assigned and for what period of time. A meeting with Present at the appropriate Program Director or his/her hearing shall be a Union representative, the grievant or the employee whose duties are being challenged, and a Management representative and Agency designee who will present their arguments to the advocate or arbitrator. The employee’s position description will be admitted into evidence at the hearing. If the Union staff representative shall be held not later than ten (10) calendar days after receipt disagrees with the accuracy of the written grievanceposition description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee’s current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. The determination of a monetary award shall be filed initially in accordance with Section 19.02 above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. Likewise, the parties mutually agree to reclassify the employee to a lower classification. The remedy ordered at Step Twoany step of the grievance procedure, including a monetary award, shall be in accordance with Section 19.02, above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 1 contract

Samples: Preamble

Grievance Steps. Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally in writing to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the subject occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed and sent to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward advance the grievance to the next stepStep Two. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union discrimination shall be filed initially at Step Two. Group grievances Grievances claiming the same alleged conduct involving two or more employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two. MEDIATION (OPTIONAL) In the event the grievance is not resolved through the process provided in Step One or Step Two, the Union and the Employer may agree to mediate the grievance. Such notification must be sent to the Employer within fifteen (15) calendar days after the Step Two designee’s decision has been issued or was due. Mediation shall be conducted by the Federal Mediation and Conciliation Service (FMCS) or such mediator as the Parties may mutually agree, on a non-binding basis. Any grievance settlement reached in mediation, whether it represents a compromise between the Parties or a full granting or withdrawal of the grievance, shall be reduced to writing, signed by the Parties, and shall be final and binding. Any settlement offer made in the course of mediation shall be considered “off the record” and shall be inadmissible in any subsequent arbitration. The function of the mediator is to provide the Parties with possible resolutions of the issue and to offer skilled advice as to what is likely to happen in an arbitration hearing in order to make a settlement of the grievance(s) more likely. The Parties will agree as to when the mediation conference occurs, balancing the need to expedite case resolution with the convenience of mediating multiple grievances at once when possible. The mediation shall be attended by representatives of the Employer and the Union with full authority to resolve the grievances to be mediated. Employees who attend mediation shall do so on unpaid time. Every effort will be made to conduct mediation discussions as concisely as possible. The Parties shall bear their own costs for mediation. If a private mediator is used in lieu of FMCS by mutual agreement, the Parties will bear the cost of the mediator’s services equally. If mediation is unsuccessful in resolving the grievance, or mediation is not selected as an option for resolution, the Union may advance the grievance to Arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Grievances shall be handled in Step 1 - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal of grievance with the supervisor’s decision rendered in Step One to the appropriate Program Agency Director or his/her designated representativedesignee. The grievant Agency Director or Union designee shall file this written grievance investigate and issue a decision after review and approval by the Office of Collective Bargaining, within fifteen (15) thirty-five (35) calendar days after his/her receipt days. A copy of the supervisor’s Director's or designee's decision from Step Oneand a legible copy of the grievance form shall be provided to the Grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A meeting with request by the appropriate Program Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step 2. If the Director or his/her representativedesignee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time) specified in another classification specification, the grievant Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the advocate or Union staff representative hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be held not later the step in the higher pay range which is at least approximately four percent (4%) higher than ten (10) calendar days after receipt the current step rate of the written employee. If a step does not exist in the higher pay range that guarantees the employee at least a approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be addressed determined by the postmark or other evidence of delivery, whichever is earlier, to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoagency.

Appears in 1 contract

Samples: Annotated Contract

Grievance Steps. Grievances shall be handled in the following manner: Step One: The grievant, grievant and/or advocate and/or or Union staff representative shall present a grievance orally in writing to the grievantEmployer’s immediate supervisor representative within fifteen fourteen (1514) calendar days after the employee should have reasonably learned of the event giving rise to the grievance or within fourteen (14) calendar days from the date of event giving rise to the occurrence of the facts or from the date the alleged violation first became knowngrievance, whichever is later. The written grievance must contain the following information: the exact nature of the grievance; the act or acts alleged to be violations of the Agreement, an Employer policy or the Employer’s past practice that is not specifically addressed in this Agreement; when the alleged act(s) occurred; the identity of the grievant or grievants; the specific article or provision of this Agreement or the past practice applicable to members of the bargaining unit, as specifically contained in the Employer’s written policies and procedures that are in effect upon the date of ratification of this Agreement, and which have not been altered or amended by this Agreement alleged to have been violated; the remedy proposed to attempt to resolve the grievance. The written grievance need not be on the Union’s grievance form, as long as it contains the information above. The written grievance must be signed by the grievant or the authorized Union representative. The supervisor shall respond in writing to the grievance within ten fourteen (1014) calendar days of the presentation to agree to resolve solve the grievance with the remedy specified by the Union or an alternative remedy or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frametimeframe, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director Personnel Officer or his/her designated representative. The grievant or Union staff representative shall file this written grievance within fifteen fourteen (1514) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting meeting, in person or via phone call, with the appropriate Program Director Personnel Officer or his/his or her representative, the grievant grievant, and the advocate or Union staff representative shall be held not no later than ten fourteen (1014) calendar days after receipt of the written grievanceappeal. The appropriate Program DirectorPersonnel Officer’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response Union and shall be final and binding on copied to the employeeChief Executive Officer. If a Step 2 response does not solve the grievance satisfactorily for the grieving party, it may be advanced to the Union, and next step in the Employer unless it is timely appealed to arbitration by the Union in accordance with this Articleprocess. Grievances initiating at Step Two: Grievances concerning discharge or discrimination, or grievances filed by the Union discrimination shall be filed initially at Step TwoTwo (2). Group grievances claiming the same alleged conduct violations involving employees who work under more than one supervisor may be filed initially at Step Two, also known as a Class Action. Multiple individual grievances alleging Mediation (optional): Should the same violation parties fail to resolve the Grievance at the Step 2 meeting, either party may request that the Grievance(s) be submitted to mediation no later than fourteen (14) days following the date on which the Employer submits its written Step 2 Grievance Response to the Union. Upon a timely request, both parties shall enter into good faith mediation including using the services of Federal Mediation and Conciliation Services (“FMCS”) or another mutually agreed upon Mediation Service offered locally. Each party shall bear their own costs associated with preparing for the mediation. The mediation costs, if any, shall be split equally between the parties. The mediation shall be conducted within thirty (30) days unless the parties are filed during unable for good reason to schedule the same time frame may mediation in that time-period. In no event shall a mediation be combined into conducted later than sixty (60) days after a group grievance and commenced at Step Twotimely request for mediation unless the parties agree in writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. ‌ Union/Member filed Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten fourteen (1014) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisorDirector's or designee's decision and a legible copy of the grievance form shall be provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or 80% of the employee’s decision rendered time if to a lower classification) specified in Step One another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the mo netary award shall be the difference between the employee's regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate Program Director classification; or his/her designated representative3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt date of the supervisorfiling of the grievance shall be determined by the postmark or other evidence of delivery, whichever is earlier, to the agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the foregoing procedure may be appealed to arb itration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or 80% of the employee’s decision from Step Onetime if to a lower classification) as specified in the classification specification other than the one to which the employee is currently assigned and for what period of time. A meeting with Present at the appropriate Program Director or his/her hearing shall be a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the advocate or arbitrator. The employee's position description will be admitted into evidence at the hearing. If the Union staff representative shall be held not later than ten (10) calendar days after receipt disagrees with the accuracy of the written grievanceposition description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee's current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than 80% of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. The determination of a monetary award shall be filed initially in accordance with Section 19.02 Step One (1) above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. Likewise, the parties mutually agree to reclassify the employee to a lower classification. The remedy ordered at any step of the grievance procedure, including a monetary award, shall be in accordance with Section 19.02 - Step TwoOne (1), above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 1 contract

Samples: Contract

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Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or eighty percent 80% of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent(4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned buy the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be final and binding on determined by the employeepostmark or other evidence of delivery, whichever is earlier, to the Union, and agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the Employer unless it is timely foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in accordance the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee's position description will be admitted into evidence at the hearing. If the Union disagrees with this Articlethe accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. Grievances concerning discharge or discrimination, or grievances The objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee's current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. If the arbitrator determines the duties of the position to be of a lower classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The arbitrator’s decision concerning a lower classification is restricted to determining whether duties are performed for a substantial portion of time. Only when the employee is performing duties inconsistent with the employee’s original classification assignment more than eighty percent (80%) of the employee’s time will a determination be made to instruct the Employer to discontinue the assigned duties. The determination of a monetary award shall be filed initially in accordance with Section 19.02 Step One (1) above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. Likewise, the parties mutually agree to reclassify the employee to a lower classification. The remedy ordered at any step of the grievance procedure, including a monetary award, shall be in accordance with Section 19.02 - Step TwoOne (1), above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 1 contract

Samples: www.das.ohio.gov

Grievance Steps. Grievances It is understood that employees have no until they have given their Supervisor an opportunity to adjust their complaint which shall be handled presented by the who shall be accompanied by their Xxxxxxx to their Supervisor within three full working days after the circumstances giving rise to the complaint have originated or occurred. If an employee has an unsettled complaint, it may be taken up as a grievance within three full working days after receiving the Supervisor's decision in the following mannermanner and sequence: 1st Step One: Between the employee, who shall be accompanied by their Xxxxxxx, and their Supervisor. The grievant, advocate and/or Union staff representative grievance shall present a grievance orally to be presented in writing and the grievant’s immediate supervisor within fifteen (15) calendar days from the date decision of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor Supervisor shall respond be rendered in writing to within two full working days following the grievance within ten (10) calendar days presenta- tion of the presentation to agree to resolve the grievance or to deny the grievance. Failing settlement then: 2nd Step The supervisor’s response matter may be presented in writing within two working days to the Division Manager, at which time the written record of the grievance shall be addressed to both the grievant submitted and the Union. Should the supervisor fail to respond Division Manager's written decision given within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar not more than three working days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after following receipt of the written grievancegrievance at this step. Failing settlement then: 3rd Step Within five full working days following the decision under Step 2: the griev- ance shall be submitted as part of the agenda for a meeting between the Plant Manager or and members of the plant Grievance Committee, not exceeding three (3) in number. An outside repre- sentative of the Union may be present at such meeting. The appropriate Program Director’s response decision of the Plant Manager or represent- ative shall be addressed given in writing within five full working days of the said meeting. Failing settlement of any difference between the parties under Step No. of the Grievance Procedure, arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in the Arbitration Procedure as set forth in this Agreement. If no written request for arbitration is received within ten working days after the final decision under the Grievance Procedure is given, it shall be deemed to have been settled or abandoned. Any difference arising directly between the Company and the Union may be submitted by either party at Step No. of the Grievance Procedure and time limits provided thereby shall appropriately apply to both parties. The aggrieved employee may be present during each step of the Grievance Procedure and at Arbitration. When a group of employees has a complaint or grievance it shall first be taken up under Step No. and they may be represented by the appropriate Xxxxxxx and not more than two employees. Any adjustment arising under a settlement through the Grievance Procedure or under a decision of an Arbitration Board shall not be made retroactive prior to the grievant date the matter is first presented under the Grievance Procedure, except as to improper classification or book- keeping error involving an employee’s earnings. All decisions arrived at between representatives of the Company and the Union. The appropriate Program Director’s response of the Union shall be final and binding on the employeeCompany, the Union, Union and the Employer unless it is timely appealed employee or employees concerned. Failure of the Union or employees to arbitration comply with the time limits in Steps and above, shall be considered an acceptance of the last answer given, thus disposing of the grievance. Failure of the Company to comply with the time limits provided in Steps and above, shall be considered a refusal of the request involved in the grievance and immediate appeal to the next step in the procedure may be taken. When either party desires additional time within which to properly process a grievance, additional time within reasonable limits shall be granted by the Union other party upon written request. In any case of a grievance involving discharge, the employee or employees concerned may present such a grievance in accordance with this Articlewriting through the Xxxxxxx to the Company. Grievances concerning discharge or discrimination, or grievances filed by the Union The said grievance shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into dealt with in a group grievance and commenced at Step Two.meeting as per Article Step

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Grievance Steps. Grievances shall be handled in Step One (1) – Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and the Union. The appropriate Program DirectorIf the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee's time if to a higher classification or eighty percent (80%) of the employee’s response time if to a lower classification) specified in another classification specification, the Director shall be final and binding on order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the Unionparties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a 66 lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the Employer unless it hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is timely appealed approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to arbitration by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in accordance a classification with this Article. Grievances concerning discharge a lower pay range eighty percent (80%) or discriminationmore of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or grievances filed 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor Employer, other actions, as appropriate, may be filed initially at Step Twoinitiated under this Agreement. Multiple individual grievances alleging Management shall discuss options with the same violation that are filed during Union. In no event shall the same time frame may monetary award be combined into retroactive to a group grievance and commenced at Step Two.date earlier than four

Appears in 1 contract

Samples: das.ohio.gov

Grievance Steps. Grievances shall A. Step 1 Within fourteen (14) calendar days of receipt of the written grievance from the employee or his/her Union representative, the Appointing Authority or his/her designee, will meet with the appropriate Union representative at a mutually agreed upon time and date (with or without the aggrieved employee) and attempt to resolve the grievance. A written answer will be handled in placed on the grievance following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally the meeting by the Appointing Authority or his/her designee and returned to the grievant’s immediate supervisor employee and the Union representative within fifteen fourteen (1514) calendar days from the date receipt of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing written grievance submitted to the Appointing Authority. Settlements at this step will be non-precedent setting unless designated otherwise. If dissatisfied with the Employer’s answer in Step 1, to be considered further, the grievance must be appealed by facsimile transmission, regular U.S. mail, local mail (institutional, departmental or interdepartmental) or hand-delivered to the Chief Operating Officer of DAS-HRE or the Director of Human Resources/Merit Systems, Board of Regents, within ten fourteen (1014) calendar days from receipt of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered answer in Step One to the appropriate Program Director or his/her designated representative1. The grievant or Union shall file this written grievance within fifteen Within forty- five (1545) calendar days after his/her the receipt of the supervisor’s decision from appeal at Step One. A meeting 2, the designee of the Chief Operating Officer of DAS-HRE or the Director of Human Resources/Merit Systems, Board of Regents, will meet with the appropriate Program Director Union representative (with or his/her representativewithout the aggrieved employee) and attempt to reach resolution of the grievance. On grievances which do not involve discipline or discharge, the grievant parties will, where practicable and the advocate or Union staff representative shall be held not later than ten feasible, meet via a telephone conference. Within thirty (1030) calendar days after receipt following this meeting, a written answer will be issued and attached to the grievance by the Chief Operating Officer of DAS-HRE or the written grievance. The appropriate Program Director’s response shall be addressed Director of Human Resources/Merit Systems, Board of Regents, and returned to the grievant and the UnionUnion Representative. The appropriate Program Director’s response Step 2 answers shall be final and binding on sent by facsimile transmission, regular US mail, local mail (institutional departmental or interdepartmental), hand-delivered, or e-mail (if the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union grievant provides an e-mail address). E-mails will be considered confidential personnel documents in accordance with this ArticleIowa Code Section 22.7. Note: Grievances concerning discharge or discriminationfiled under Article IV, or Section 9 will be eligible to proceed to GRIP. All other grievances filed by the Union shall will be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoeligible to proceed to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievance Steps. Grievances The parties agree that in order for the grievance procedure to function efficiently and effectively, all grievances must be resolved at the lowest possible level of the Grievance Procedure. Therefore, the parties agree that all persons responsible for resolving grievances at all levels of the procedure shall be handled in vested with the following manner: sufficient authority to undertake meaningful discussions and to settle the grievance if appropriate. Step One: The grievant. Within five (5) workdays of receipt of the written grievance from the employee(s) or his/her representative(s), advocate and/or Union staff representative the supervisor, who shall present not be represented by the Association, will schedule a meeting with employee(s) and his/her representative(s) to hear the grievance orally and return a written decision to the grievant’s employee(s) and his/her representative(s) within ten (10) workdays. If the immediate supervisor is also represented by the Association, it will be the supervisor's responsibility to transmit the grievance to the next level of supervision not represented by the Association. Step Two. If dissatisfied with the supervisor's answer in Step One, to be considered further, the grievance must be appealed to the designated agency representative by the Association within ten (10) workdays from receipt of the answer in Step One. The appropriate agency representative(s) will meet with the employee(s) and his/her representative(s) and attempt to resolve the grievance. A written answer will be placed on the grievance following the meeting by the appropriate agency representative(s) and returned to the employee(s) and his/her representative(s) within ten (10) workdays from receipt of the appeal to the agency representative. Employees will be advised of the name and title of the designated agency representative. Step Three. If dissatisfied with the Employer's answer in Step Two, to be considered further, the grievance must be appealed to the Agency Director by the Association within fifteen (15) calendar workdays from receipt of the answer in Step Two. Upon receipt of the grievance in Step Three, the agency will provide copies of Steps One through Three to the Bureau of Personnel, Division of Employee and Labor Relations, Department of Central Management Services, as soon as possible. The designated agency representative(s) will meet with the employee representative within twenty (20) workdays to discuss and attempt to resolve the grievance. Following this meeting the written decision of the agency will be placed on the grievance by the head of the agency and returned to the grievant and his/her representative(s) within twenty (20) workdays from the Step Three meeting. Step 4A If the grievance is not resolved through the above procedure the grievance may be appealed to a representative of the Bureau of Personnel Division of Employee and Labor Relations, Department of Central Management Services. A representative of the Association and a representative of the Bureau of Personnel Division of Employee and Labor Relations, Central Management Services will meet at least monthly if warranted by the agenda to effect a resolution prior to proceeding to Step Four. After a grievance has been discussed at a Step 4A meeting, either party may place the grievance on hold status. There shall be only one hold per party per grievance and the hold shall not last more than 45 days from the date of the occurrence Step 4A meeting. Any deviation from this policy shall be on a case by case basis following mutual consideration and agreement. If an unresolved grievance is not appealed, it shall be considered terminated on the basis of the facts third step answer of the parties without prejudice or from precedent in resolution of future grievances. Step Four. Grievances which have not been resolved under the date foregoing procedure may be appealed in accordance with the alleged violation first became known, whichever is laterfollowing procedure. The supervisor issue as stated in the written grievance shall respond in writing constitute the sole and entire subject matter to be appealed, unless the grievance parties agree to modify the scope of the hearing. Such unresolved grievances may be appealed to arbitration within ten (10) calendar days workdays from the date of the presentation to agree to resolve agency's answer in Step Three or following the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framemeeting with CMS if held, the Union shall have the right to forward the grievance by written notice to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal Director of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step TwoCentral Management Services.

Appears in 1 contract

Samples: Agreement

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of he decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or eighty percent 80% of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent(4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be final and binding on determined by the employeepostmark or other evidence of delivery, whichever is earlier, to the Union, and agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the Employer unless it is timely foregoing procedure may be appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by providing a written appeal and a legible copy of the Union shall be filed initially at Step Two. Group grievances claiming Working Out of Class grievance form to the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging Deputy Director of the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.Office of Collective Bargaining within twenty

Appears in 1 contract

Samples: dam.assets.ohio.gov

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the Unionparties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. The appropriate Program Director’s response A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall be final not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and binding on which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the Unionparties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the Employer unless it hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is timely approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent(4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The date of the filing of the grievance shall be determined by the postmark or other evidence of delivery, whichever is earlier, to the agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee's time) as specified in accordance the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee's position description will be admitted into evidence at the hearing. If the Union disagrees with this Articlethe accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two (2) days in advance of the arbitration hearing. Grievances concerning discharge or discrimination, or grievances The objections filed by the Union will be admitted into evidence. The arbitrator will issue a binding bench decision at the conclusion of the hearing, which will identify if the employee was working out of classification and for what period of time. If the arbitrator determines that the employee is performing duties in a classification which carries a higher pay range than the employee's current classification, the arbitrator shall order the Employer to immediately discontinue such assigned duties. The determination of a monetary award shall be filed initially in accordance with Section 19.02 Step One (1) above. However, if the Union and the Office of Collective Bargaining agree that the higher level duties are of a permanent nature and that the situation is otherwise in compliance with the provisions of this Article, they may mutually agree to reclassify the employee to the higher level classification. The remedy ordered at any step of the grievance procedure, including a monetary award, shall be in accordance with Section 19.02 - Step TwoOne (1), above. Group grievances claiming The expenses of the same alleged conduct involving employees who work under more than one supervisor may arbitrator shall be filed initially at Step Two. Multiple individual grievances alleging borne equally by the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoparties.

Appears in 1 contract

Samples: Preamble"

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and the Union. The appropriate Program DirectorIf the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee's time if to a higher classification or eighty percent (80%) of the employee’s response time if to a lower classification) specified in another classification specification, the Director shall be final and binding on order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the Unionparties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the Employer unless it hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is timely appealed approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discriminationand the Employer, or grievances filed by the Union employee shall be filed initially at Step Tworeclassified to the higher classification. Group grievances claiming If the same alleged conduct involving employees who work under duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging that of the same violation that are filed during employee's current classification: 1) the same time frame may be combined into a group grievance Director or designee shall issue an award to cease the assignment of the lower level duties, and commenced at Step Two.take appropriate action to assign duties consistent with the employee’s current classification; or

Appears in 1 contract

Samples: das.ohio.gov

Grievance Steps. Grievances shall be handled in Step One (1) - Filing the following manner: Step One: The grievant, advocate and/or Grievance With the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisor’s Director's or designee's decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant's work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., 20% or more of the employee's time if to a higher classification or eighty percent 80% of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee's current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee's current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee's regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent(4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee's current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned buy the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The appropriate Program Director’s response date of the filing of the grievance shall be final and binding on determined by the employeepostmark or other evidence of delivery, whichever is earlier, to the Union, and agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the Employer unless it is timely foregoing procedure may be appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by providing a written appeal and a legible copy of the Union shall be filed initially at Step Two. Group grievances claiming Working Out of Class grievance form to the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging Deputy Director of the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.Office of Collective Bargaining within twenty

Appears in 1 contract

Samples: dam.assets.ohio.gov

Grievance Steps. Grievances shall be handled in Step One - Filing the following manner: Step One: The grievant, advocate and/or Grievance with the Agency Director or Designee If an employee or the Union staff representative shall present a grievance orally to the grievant’s immediate supervisor believes that he/she has been assigned duties not within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her current classification, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant employee or the Union may file a written appeal grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the supervisorDirector’s or designee’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt and a legible copy of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative grievance form shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed provided to the grievant and OCSEA Central Office. If the Unionparties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the decision of the Director or designee. The appropriate Program DirectorA request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two. If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s response time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall be final and binding on order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the Unionparties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the Employer unless it hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is timely appealed approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discriminationand the Employer, or grievances filed by the Union employee shall be filed initially at Step Tworeclassified to the higher classification. Group grievances claiming If the same alleged conduct involving employees who work under duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging that of the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.employee’s current classification:

Appears in 1 contract

Samples: das.ohio.gov

Grievance Steps. Grievances shall be handled in the following manner: (Board of Regents, see Appendix K; Community Based Corrections, see Appendix Q) A. Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen 1 Within fourteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (1014) calendar days of receipt of the presentation to agree to resolve written grievance from the grievance employee or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time framehis/her Union representative, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution Appointing Authority or settlement is reached between the grievant and the supervisorhis/her designee, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program District Director or his/her designated representativedesignee for CBC, will meet with the appropriate Union representative at a mutually agreed upon time and date (with or without the aggrieved employee) and attempt to resolve the grievance. The grievant A written answer will be placed on the grievance following the meeting by the Appointing Authority or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of designee, or the supervisor’s decision from Step One. A meeting with the appropriate Program District Director or his/her representativedesignee for CBC, and returned to the employee and the Union representative within fourteen (14) calendar days from receipt of the written grievance submitted to the Appointing Authority. Settlements at this step will be non-precedent setting unless designated otherwise. If dissatisfied with the Employer’s answer in Step 1, to be considered further, the grievant and grievance must be appealed by facsimile transmission, regular U.S. mail, local mail (institutional, departmental or interdepartmental) or hand- delivered to the advocate Chief Operating Officer of DAS-HRE or Union staff representative shall be held not later than ten the Officer’s designee, or the District Director or his/her designee for CBC, within fourteen (1014) calendar days from receipt of the answer in Step 1. Within forty-five (45) calendar days after the receipt of the written appeal at Step 2, the designee of the Chief Operating Officer of DAS-HRE, or the District Director or his/her designee for CBC, will meet with the appropriate Union representative (with or without the aggrieved employee) and attempt to reach resolution of the grievance. The appropriate Program Director’s response shall On grievances which do not involve discipline or discharge, the parties will, where practicable and feasible, meet via a telephone conference. Within thirty (30) calendar days following this meeting, a written answer will be addressed issued and attached to the grievant and grievance by the Union. The appropriate Program DirectorChief Operating Officer of DAS-HRE or the Chief Operating Officer’s response shall be final and binding on designee, or the employee, the UnionDistrict Director or his/her designee for CBC, and departmental or interdepartmental), hand-delivered, or e-mail (if the Employer unless it is timely appealed to arbitration by the Union grievant provides an e-mail address). E-mails will be considered confidential personnel documents in accordance with this ArticleIowa Code Section 22.7. (Board of Regents, see Appendix K; Community Based Corrections, see Appendix Q) Note: Grievances concerning discharge or discriminationfiled under Article IV, or Section 9 will be eligible to proceed to GRIP. All other grievances filed by the Union shall will be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Twoeligible to proceed to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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