Common use of Grievance Clause in Contracts

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 4 contracts

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

Grievance. In case any difference should arise between the two parties at any time during the term of this Agreement as to the true intent and meaning of any matter or thing covered, the grievance shall be adjusted and settled as set out in the following paragraphs. Any matter involving grievance not processed to the interpretation, application, or enforcement next step within the time limits set out herein will be deemed to have been abandoned and the provisions of Section 45(b) of the terms Ontario Labour Relations Act, RSO 1980 and amendments thereto, do not apply. It is the mutual desire of this Agreement, the parties hereto that complaints and grievances shall be adjusted as quickly as possible. (a) The aggrieved Employee shall present his/her grievance orally or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by in writing to the Employer by any action taken in the exercise of its rights or powers, may become a grievancedesignate. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, heHe/she shall first present have the grievance orally to assistance of his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. No grievance shall be considered where the events giving rise to the grievance occurred or originated more than fifteen (15) full working days before the filing of the grievance. Step 2(b) The Employer designate shall give his/her answer in writing to the Employee not later than fifteen (15) working days following the submission of the grievance, with a copy to the ▇▇▇▇▇▇▇. If the Employer's designate fails to give his/her answer to the grievance within the time limit specified or if the answer is not settled at unsatisfactory to the first step within ten Employee concerned, then the grievance may be presented as follows: (10i) days, it A Joint Standing Committee of two (2) representatives of the Employer and two (2) representatives of the Union shall be reduced formed. In case of vacancy, absence or refusal of any representative to writing and presented to act, or in the Sheriffevent that a representative has filed the grievance or a grievance was filed on his/her behalf, another shall be appointed in his/her place by the party concerned. If not resolved within five (5) working days, Each side will name an alternate member of the Sheriff shall furnish Standing Committee. Each side may demand that the employee a reply in writingalternate sit for any particular grievance. Step 3. If the grievance is not settled at the second step and within fourteen (14ii) days after the employee receives a reply in writing from the SheriffTo this committee, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days of either party may submit the matter to Step 4 within five (5) calendar days following the expiration becoming aware of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingalleged violation of this Agreement, shall be subject referred all questions that may arise regarding the interpretation, application and violation of this Agreement which cannot be settled otherwise. When difference arises which requires action by the Joint Standing Committee the aggrieved party to arbitrationthis Agreement shall give written notice of his grievances to the signatories to this Agreement and the Committee shall meet within fifteen (15) days of having received the notice of the question or questions under dispute. If the Committee does not reach an agreement within (15) days of having received notice of differences the question or questions under dispute shall upon request of either of the signatories of the Agreement, be submitted to a Board of Arbitration or a single arbitrator as set forth hereunder. (iii) The parties decision of the standing committee shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or be executed as soon as said decision shall have been handed down. (iv) Any member of the staff Committee may call a meeting at any time. (v) Except as to serve the provisions in this Agreement relating to discharge or lay-off by order of length of continuous service, no change shall be made in the wages and other remuneration of an Employee, who may be involved in a dispute and which is made the subject of arbitration proceedings under this Article, until a decision has been reached by the Board of Arbitration or sole Arbitrator referred to herein. (vi) Any Employee may appear in person before the Joint Standing Committee to plead his/her case. The Company acknowledges the right of the Union to select a representative to assist the Employee in presenting his/her grievance. (vii) If the Committee reinstates an Employee as of the date of his dismissal, said Employee shall benefit from all the advantages he/she would have acquired from said date on. (viii) Any settlement reached between the parties at any time during the grievance procedure must be in writing and signed by the representatives of the Employer and of the Union. This written statement of the settlement has the same effect as the arbitrator. The Arbitrator decision of the board of arbitration or the single arbitrator and is binding to the parties. (c) If meetings of the Joint Standing Committee are held during working hours, the members present shall make a decision on suffer no loss of regular pay. (d) Warnings of all kinds, layoff notices or dismissal notices, as well as any other notices must be given in writing by one party to the grievance which other. (e) In the event the Employer calls in an Employee for disciplinary measures, said Employee shall be final and binding on both parties. TIME LIMITS: accompanied by a Union representative. (f) Time limits set forth above mentioned in the present article, when not specified that they are calculated in working days, are to be counted in calendar days. Any time limit may be extended by mutual agreement in writingagreement. (g) The Union agrees to submit to the Employer the names of the members of the Standing Committee within fifteen (15) days of the signing of this Agreement. (h) The members of the Standing Committee representing management are the president and the publisher.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance. Any matter involving A grievance is defined as a dispute by the interpretation, application, Union or enforcement a covered employee concerning the application or interruption of the terms a specific provision of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken . Grievances may be initiated in the exercise of its rights following manner: Step 1. The employee or powersUnion representative shall present the grievance, may become a grievance. Grievances must be presented in Step 1 writing, to the unit manager within ten (10) working calendar days of (1) its occurrence or the occurrence of date the event causing the grievance; employee or (2) within ten (10) working days of the time that an employee reasonably union knew or should have known of the events causing grievance, whichever is later. The grievance shall include: (a) the name of the grievant(s); (b) the fact statement of the grievance; (c) the sections of the contract violated; and (d) the resolution requested. The unit manager and employee shall then attempt to adjust the matter within seven (7) calendar days from the date the grievance or else the same shall be barred as a grievance. Step 1is received. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇The unit manager will respond in writing within seven (7) calendar days. Step 2. If a grievance has not been settled between the affected employee and his or her unit manager, the grievance is not settled at shall be submitted in writing to the first step facility director, by the union representative within ten (10) calendar days, it . The facility director shall be reduced to respond in writing and presented to the Sheriff. If not resolved Union representative within five ten (510) working days, the Sheriff shall furnish the employee a reply in writingcalendar days after receipt thereof. Step 3. If the grievance is not settled at resolved, the second step and union or the affected employee may submit the grievance to the General Manager within fourteen ten (1410) calendar days from the date of receipt of the facility director's written response. The General Manager or his/her designee shall respond in writing within ten (10) calendar days from receipt of the grievance. Step 4. Should the parties fail to settle a matter of suspension or termination with the General Manager within seven (7) days after from the employee receives a reply date of submission to him or her, it may be referred in writing from within seven (7) calendar days thereafter to a Board of Adjustment upon mutual agreement of the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffparties. The GHC Board of Adjustment shall be comprised consist of two (2) members designated by General Manager and two (2) members designated by the Union. Members of the County HR Director, the Director Board of Administration and an “at-large” member selected Adjustment designated by the HR Director from a rotating list of five (5) department heads. The participating “at large” member General Manager and the Union shall not be affiliated with from any of the grievant’s department facilities under the jurisdiction of employmentthis Agreement or any IATSE local union. The GHC Board of Adjustment shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved convene within fifteen ten (1510) calendar days either party may submit following referral of the matter grievance to Step 4 hear evidence submitted by the Union, the grievant, the facility involved, or the General Manager. The Board of Adjustment shall decide the issue by majority vote of its members within five (5) calendar days following the expiration hearing. A majority decision of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member Board of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Adjustment shall be final and binding on all parties. In the event of a split decision, the grievance shall be considered unsettled. Step 5. If the grievance is still unsettled, the Union shall, within ten (10) calendar days of receipt of the decision of the General Manager have the right to have the matter submitted to final and binding arbitration by submitting a written notice to the Human Resource Director or designee with a copy to the Employer. MERC and the Union shall first attempt to select an arbitrator who is mutually acceptable. If within ten (10) calendar days from the request for arbitration MERC and the Union are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of seven (7) names. Upon receipt of the list of arbitrators, within fourteen (14) calendar days both MERC and the Union shall have the right to strike three (3) names from the list. The first strike shall be determined by coin toss, then the parties shall alternate strikes with the remaining person to be the arbitrator. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. TIME LIMITS: Time limits set forth above Expenses for the arbitration shall be borne equally by both parties, however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be extended by mutual agreement in writingmade. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Appears in 3 contracts

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

Grievance. Any 8.01 A grievance shall be defined as any matter involving arising out this Agreement or concerning the interpretation, application, administration or enforcement of the terms alleged violation of this Agreement. The grievance shall be in writing and shall only be considered if it is filed within ten (10) days of the event giving rise to the grievance. In the case of an employee who is prevented from submitting a written grievance within the time limits prescribed above, because of illness or authorized absence, such time limit will be extended for a period of five (5) days following the date of her or his return to work. Any time limits referred to in the Grievance and Arbitration Procedure shall be exclusive of Saturdays, Sundays, and Paid Holidays observed by the Employer. 8.02 Any employee may present a complaint without recourse to the formal written procedure contained therein. At any step of the grievance procedure, including the complaint stage, the employee may be accompanied by her or his union representative. Step 1 An employee, or the Union may present a claim by an written grievance within ten (10) working days to the Director of Nursing who shall have ten (10) working days in which to render a decision. Failing a satisfactory settlement after this period, within ten (10) working days, the second step of the grievance procedure may be invoked as follows: Step 2 The employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powersUnion, may become submit the written grievance to the Administrator of the Home or designate, who shall have ten (10) working days in which to render a grievancedecision. Grievances must If a satisfactory settlement cannot be presented reached within ten (10) working days, the third step of the grievance procedure may be invoked as follows: Step 3 The Grievance Committee shall then take the matter up with the Administrator of the County, his designated representative, or at his discretion, representatives of the Personnel Committee of the County, who shall call a meeting of the Grievance Committee within fourteen (14) working days. The Administrator shall reply in Step 1 writing within ten (10) working days of (1) such meeting to the occurrence Chairperson of the event causing Grievance Committee with a copy of his reply to the grievance; or Labour Relations Officer (2LRO) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2Ontario Nurses' Association. If the grievance decision is not settled at unsatisfactory to the first step within ten (10employee(s) daysor the Union, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingreferred to Arbitration.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance. Any matter involving (a) Step 1 (1) In the interpretationevent of an Individual Grievance, applicationthe Association, or enforcement in consultation with the Employee, shall submit a written Grievance on behalf of the terms Employee to the Manager/Chair with a copy to Human Resources, outlining the specific Article(s) claimed to have been violated, and the redress sought within ten (10) working days from the date of this Agreement, the alleged violation arising from that defined in Article 1.17 or the conclusion of informal resolution process stipulated in Article 11.1. (i) The Manager/Chair shall convene a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by meeting with the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 Employee within ten (10) working days of (1) the occurrence receipt of the event causing written Grievance. The Employee shall be provided reasonable notice to arrange an Association Representative to attend the grievance; or meeting if they so choose, but avoiding undue delay. (2ii) The Employee and Manager/Chair will meet with a view to making reasonable attempts to resolve the Grievance. A written decision from the Manager/Chair, shall be issued within ten (10) working days of the time that an Grievance Meeting to the employee reasonably should have known of with a copy to the events causing the grievance or else the same shall be barred as a grievanceAssociation and Human Resources. Step 1. If an employee has (2) In the event of a grievanceGroup Grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇.shall submit a written Grievance to the Step 2. If (i) The Manager/Chair shall convene a meeting with the grievance is not settled at the first step Employees within ten (10) days, it working days of receipt of the written Grievance. The Employees shall be reduced provided reasonable notice to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and arrange an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant Association Representative to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidmeeting if they so choose, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governbut avoiding undue delay. Step 4(ii) The purpose of this meeting shall be to resolve the difference where possible. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on A written decision from the opposite party to include the Sheriff by the party appealingManager/Chair, shall be subject issued within ten (10) working days of resolving the difference or the Grievance Meeting with a copy to arbitration. The parties shall request the Wisconsin Employment Relations Commission Association and Human Resources. (b) Step 2 (1) If there is no Grievance resolution at Step 1, the Association in its sole discretion may advance the Grievance in writing to appoint a Commissioner or member Human Resources within ten (10) working days of the staff Step 1 written decision. (i) Within ten (10) working days of receiving the written Grievance, the Associate Vice-President, Human Resources, or designate, shall arrange to serve as meet with the arbitrator. parties. (ii) The Arbitrator shall make a decision on the grievance which purpose of this meeting shall be final to resolve the Grievance if/when possible. A written decision from the Associate Vice-President, Human Resources, or designate, shall be issued within ten (10) days of the Grievance meeting to the Employee with a copy to the Association. (2) In the event of an Individual Grievance arising from termination, an Employee who has successfully satisfied probation may submit a written Grievance through the Association to the Associate Vice-President, Human Resources, or designate, outlining the specific Article(s) claimed to have been violated, and binding on both redress sought within ten (10) working days of the termination. (i) Within ten (10) working days of receiving the written Grievance, the Associate Vice-President, Human Resources, or designate, shall arrange to meet with the parties. (ii) The purpose of this meeting shall be to resolve the difference if/when possible. TIME LIMITS: Time limits set forth above may A written decision from the Associate Vice-President, Human Resources, or designate, shall be extended by mutual agreement in writingissued within ten (10) days of the Grievance meeting to the Association. (3) In the event of a Policy Grievance, the Association shall submit a written Grievance to Human Resources, outlining the Article(s) claimed to have been violated, and redress sought within ten

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance. Any matter involving All differences, disputes, suspensions, and discipline cases hereinafter collectively referred to as "grievances" between the interpretation, application, or enforcement of the terms parties arising out of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Agreement will be handled in the exercise of its rights or powers, may become a grievancemanner set forth below. Grievances must be presented in Step 1 All days referred to within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancethis provision will mean calendar days. Step 1. If Employees covered by this Agreement who have a complaint under this Agreement will, when possible, discuss the complaint with their supervisor within 15 days from the date of the occurrence in an effort to resolve the complaint without resort to the formal grievance procedure. This Step 1 procedure will not extend the Step 2 time limits to file a written grievance. Final disposition at this step is non-precedent setting and may not be relied upon by the Union or the Company in any arbitration hearing for any purpose. Step 2. Failing resolution at Step 1, an employee has a grievance, he/she shall first present the or Union grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied may be presented in writing by the Association employee, union shop ▇▇▇▇▇▇▇. , or ABA to the employee's supervisor which must be within 30 days from the date of the occurrence of the incident upon which the grievance is based or within 30 days from the date a pay claim denial is received. Discharge grievances must be initially filed at Step 2. If Within 15 days after receipt of the written grievance, the employee's supervisor must respond with a written decision on the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriffappropriate vice president/assistant business agent. If The Company will also forward a copy of its written decision to the grievant and the appropriate ▇▇▇▇▇▇▇. Final disposition at this step is non-precedent setting and may not resolved within five (5) working days, be relied upon by the Sheriff shall furnish Union or the employee a reply Company in writingany arbitration hearing for any purpose. Step 3. If Failing satisfactory disposition of such grievance at Step 2, within 15 days of the receipt of the supervisor's written response, the grievance is not settled at may be appealed in writing by the second step and within fourteen (14) union president or his/her designee to the appropriately designated Company representative. Within 15 days after the employee receives receipt of this appeal, a reply in writing from Step 3 conference will be held at the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised home location of the County HR Directoremployee, unless otherwise agreed between the Director of Administration and an “at-large” member selected by parties. A complaining customer may appear either telephonically or in person at the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingStep 3 conference. If the grievance complainant fails to testify at a Step 3 conference, the complainant is prohibited from testifying at arbitration. If the complainant appears the Union agrees to allow the complainant to testify at the arbitration hearing by telephone, live, or in the form of a pre-arbitration deposition. The same procedures will apply to complaining parties other than customers with the exception that supervisory personnel and regulatory authorities acting in their official capacity do not resolved within fifteen (15) calendar have to testify at the Step 3 conference to testify at arbitration. Within 15 days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidconference, the Company representative must respond with a written decision to the appropriate vice president/assistant business agent. The Company will also forward a copy of its written decision to the grievant and the appropriate ▇▇▇▇▇▇▇. Final disposition at this step is non-precedent setting and may not be relied upon by the Union or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth Company in that Section shall governany arbitration hearing for any purpose. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 3 contracts

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

Grievance. Any matter involving Step 3 - Three-Member Panel. Grievances not disposed of under the interpretationprocedure prescribed in Section 10.2 of this Article, applicationbecause of a deadlock, or enforcement failure of such Board to act, may be ap- pealed jointly or by either party to a panel consisting of one (1) representative appointed by the terms of this Agreement, Union and one (1) representative appointed by the Employer’s Associ- ation or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in involved if said Employer is not a member of the exercise Employers’ Association. The panel representatives of its rights the Union, and of the Employers’ As- sociation or powers, may become Employer which is not a grievancemember of the Em- ployers’ Association shall come from ▇▇▇▇ or Lake Counties. Grievances must be presented in Step 1 This panel will then select an impartial third party to sit as the third member of the panel. If the two representatives are unable to select an impartial third party within ten (10) working days of meeting, then they will im- mediately jointly apply to the American Arbitration As- sociation for a panel of five impartial arbitrators’ names. The representatives will then alternately strike names from the panel. The person whose name remains shall be the impartial third party. Before such name striking procedure commences, both representatives shall have the right to reject one complete panel. Notice of appeal to the panel shall be given within thirty (130) the occurrence days after termination of the event causing procedures pre- scribed in Section 10.2 of this Article. Such notice will be in writing and will be forwarded by certified mail to the grievance; or (2) within ten (10) working days President of the time that an employee reasonably should have known Union, the President of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Employers Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriffother party involved (Employer or Union, as the case may be). If not resolved within five (5) working daysThe panel shall meet promptly to select the impar- tial third party, the Sheriff shall furnish the employee a reply but in writing. Step 3. If the grievance is not settled at the second step and within no event more than fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration receipt of such appeal, unless such time is extended by mutual agreement of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationpanel members. The parties three-member panel shall request the Wisconsin Employment Relations Commission promptly schedule a hearing at which each party shall have a right to appoint pres- ent evidence, examine and cross-examine witnesses, make a Commissioner or member of the staff to serve as the arbitratorrecord and file arguments. The Arbitrator shall make a panel’s duly rendered decision on the grievance which shall be final and binding on both partiesthe Employer(s), Union and employees in- volved. TIME LIMITS: Time limits set forth above may In the event a majority decision is not rendered, the Step 3 procedure will be extended commenced again. The fees and expenses of the third party (arbitrator) and the hearing room shall be shared equally by mutual agreement in writingthe Em- ployer(s) and the Union. All other expenses shall be borne by the party incurring them.

Appears in 3 contracts

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

Grievance. Any matter involving the interpretation, applicationPROCEDURE The following procedures are established for settlement of complaints and grievances. (a) Step I (Immediate Supervisor Level) (1) The employee, or enforcement his/her representative, or both, shall notify his/her immediate supervisor of a complaint within fifteen (15) workdays of the terms date upon which the employee could have reasonably been aware of this Agreementthe occurrence of the matter which gave rise to the complaint. The notice shall clearly identify the matter as a Step 1 grievance complaint. This is not a required first step of the grievance procedure. (2) A supervisor may elect not to meet with the employee and/or his/her representative in a Step I meeting, and if such election is made, the supervisor shall advise the employee within two (2) workdays of receiving notice of the complaint or grievance. The employee will then have ten (10) workdays to file his/her complaint or grievance, in writing, to Step II – Defender General. (3) If a Step I is initiated, the complaint shall be discussed informally by the aggrieved employee, or a claim by an employeehis/her representative, employees or Association that both, and the immediate supervisor. If the issue remains unresolved, an employee has been discriminated against or treated unfairly or arbitrarily by must comply with the Employer by any action taken in following time frames for filing to the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 II level within ten (10) working days workdays after receipt of the Step I decision. (b) STEP II (Defender General Level) (1) If no satisfactory settlement is reached at Step I the occurrence complaint shall be reduced to writing, in accordance with section 2(c) above, and shall be submitted for action by the aggrieved party or representative to the DG within the time frames outlined in Section 3(a) above, otherwise the matter shall be considered closed. On request of a VSEA Director, and with the approval of the event causing ODG, the grievance; or time limits for filing a Step II grievance may be extended for a specific period of time, not to exceed ten (10) workdays. (2) The grievance shall be discussed informally, either in person or via telephone, within ten (10) working days workdays of its receipt, between the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievanceemployee, he/she shall first present the grievance orally to and/or his/her immediate supervisorrepresentative, and the ODG head or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇designee. Step 2. If (3) The employee shall be notified in writing of the grievance is not settled at the first step DG’s decision within ten (10) daysworkdays after the discussion. The parties may mutually agree to postpone the discussion, but shall hold it as soon as practical. Failure to issue a written decision within the time frames specified in this subsection shall result in the automatic granting of the contractual remedy requested by and directly applicable to the grievant. Any dispute over what the contractual remedy will be, shall be reduced to writing and presented to decided by the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3VLRB. If the grievance DG is not settled on leave at the second step and within fourteen (14) days after time the employee ODG receives a reply in writing notice from the SheriffVSEA, the ten (10) day requirement shall automatically be extended for the duration of the leave period, not to exceed ten (10) workdays, at which time the VSEA reserves the right to process the grievance to the next step or wait for the DG to return from leave. Notice shall be presented sent to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If DG if the grievance is not resolved within fifteen (15) calendar days either party may submit processed to the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governnext step. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.(c) STEP III (Board Level)

Appears in 3 contracts

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

Grievance. Any matter involving difference between the parties concerning the interpretation, application, operation or enforcement alleged violation of this agreement, shall be dealt with as follows: Step 1 - Such difference, hereinafter called a “grievance”, shall be submitted by the ATA, or by the ATA on behalf of the terms teacher concerned in writing, within 45 teaching days of its occurrence or from the date on which the ATA or the teacher ought to reasonably have become aware of its occurrence. The grievance shall set out the nature of the grievance and the circumstances out of which it arose, the clause(s) of this Agreementagreement, or a claim by an employeewhich allegedly has/have been violated, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by and the Employer by any action taken in the exercise of its rights or powers, may become a grievanceremedy being sought. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the The grievance shall be presented to the Grievance Hearing Committee (GHC) superintendent or designate. The superintendent or designate shall review the grievance and communicate the decision of the District, in writing, within 15 teaching days of receipt of the grievance. Step 2 - In the event that the decision of the superintendent or designate fails to satisfactorily resolve the grievance, the ATA must, within 15 teaching days of the receipt of the written decision of the superintendent or designate, give notice in writing to the superintendent or designate of such appeal the intent to present the grievance to the District’s grievance committee. The superintendent or designate shall convene a meeting of the District’s grievance committee within 20 teaching days of the receipt of the letter to present the grievance to the District’s grievance committee. The District’s grievance committee shall hear the grievance. The teacher and/or the ATA representative shall be given the opportunity to present their grievance to the SheriffDistrict’s grievance committee. The GHC District’s grievance committee shall be comprised provide its decision in writing to the ATA within 10 teaching days of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. . Step 3 - If the grievance is not resolved within fifteen (15) calendar days satisfactorily at Step 2, either of the parties may notify the other party may in writing of its desire to submit the matter grievance to Step 4 arbitration. Such written notice will occur within five (5) 60 calendar days following the expiration conclusion of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration2. The parties will mutually agree upon a single arbitrator or, if by mutual consent, to a Board of Arbitration consisting of three arbitrators. If the parties are unable to agree on an arbitrator within 10 calendar days of the receipt of notification provided, they shall immediately request the Wisconsin Employment Relations Commission Director of Mediation to appoint a Commissioner or member of the staff to serve as the arbitratorchairperson. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time above-mentioned time limits set forth above may be extended by mutual agreement of the parties in writing. Should the District have a grievance, the above-mentioned procedure will be followed replacing ‘District’ with ‘The Alberta Teachers’ Association’.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by If an employee, employees or Association who has completed his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer by any action taken in the exercise of its rights or powersemployee, who may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association a union ▇▇▇▇▇▇▇. , or by the union ▇▇▇▇▇▇▇ at Step 23 of the grievance pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter provided. If the grievance no written request for arbitration is not settled at the first step received within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffdecision under Step 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached, under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure, between the Sheriff. The GHC shall be comprised representatives of the County HR Director, the Director of Administration Hospital and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter Union will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both partiesupon the Hospital, the Union and the employee(s). TIME LIMITS: Time limits set forth above When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be extended appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by mutual agreement the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance. Any matter involving 8.1 A grievance shall mean a written complaint by a member of the interpretationbargaining unit or Association that there has been an alleged violation, applicationmisinterpretation, or enforcement misapplication of the terms specific provisions of this Agreement. 8.2 A written grievance must be filed within thirty (30) calendar days of the occurrence of the event which gave rise to the grievance. The number of days indicated at each step in the procedure shall be considered as the maximum allowable to the parties and every effort shall be made to resolve the grievance as rapidly as possible. The parties acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve grievances through free and informal communications. If, or however, such informal processes fail to satisfy the grievant, a claim by an employee, employees grievance may be processed as follows: a. The grievant or Association that an employee has been discriminated against or treated unfairly or arbitrarily by will present the Employer by any action taken grievance in writing to the exercise of its rights or powers, may become supervisor immediately involved. The supervisor will arrange for a grievance. Grievances must be presented in Step 1 meeting to take place within ten (10) working business days of (1) after the occurrence receipt of the event causing grievance. b. The supervisor shall provide a written response to the grievance; or (2) grievant and the MFEA President within ten (10) working business days of the time meeting. This response shall include the supervisor's decision and reasons supporting that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancedecision. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. c. If the grievance is not resolved at Step b., then the grievance may be referred to the Superintendent in writing within fifteen ten (1510) business days after receiving the supervisor's written answer. The Superintendent shall arrange for a meeting with both parties within ten (10) business days after the receipt of the grievance. d. The Superintendent shall provide a written response to the grievant and the MFEA President within ten (10) business days of the meeting. This response shall include the Superintendent's decision and reasons supporting that decision. e. If the grievance is not resolved at Step d., it may be referred to the Board at its next official meeting or at a time acceptable to all parties. f. The Board shall have ten (10) business days to present a written response to the grievant and the MFEA President. This response shall include the Board's decision and reasons supporting that decision. g. If the grievance is not resolved at the Board Step or the Superintendent Step, the Association may submit grievance to final and binding arbitration utilizing the American Arbitration Association (AAA). Each party shall follow the regular arbitration rules set by the AAA and each party shall have the right to reject an arbitration panel. Both parties shall share the arbitrators expense equally. If a demand for arbitration is not filed with the Employer within thirty (30) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaiddate of the Superintendent's written response or the Board's written response, then the grievance shall be deemed withdrawn. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the matter will be deemed waived provisions of this Agreement. The arbitrator shall consider and finally settled. In matters where suspension decide only the specific issues submitted to him/her interpretation of the meaning or dismissal without pay or benefits are an issue, application of the Finance, Personnel and Economic Development Committee shall act as specific terms of this Agreement to the GHC under S.59.26 (8)(b) Wisconsin Statutes and facts of the rules set forth in that Section shall governgrievance presented. Step 4h. Copies of all communications concerning grievance must be delivered to the Superintendent within two (2) business days. i. All records related to a grievance shall be filed separately from the personnel files of the employees. j. A grievance may be settled or withdrawn at any level without establishing precedent. k. Each party shall bear the cost of its own representation, including the cost of any hearing transcript. l. All grievances involving two (2) or more teachers may be filed by MFEA as a class grievance. m. Failure to render a decision within the time limits shall entitle the MFEA to proceed to the next step. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff Failure by the party appealing, MFEA to follow the timeframes established herein shall result in the grievance being considered withdrawn. n. No reprisals shall be subject to arbitration. The parties shall request taken by the Wisconsin Employment Relations Commission to appoint a Commissioner Board or member administration against any employee because of the staff to serve as the arbitrator. The Arbitrator shall make employee’s participating in a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writinggrievance.

Appears in 2 contracts

Sources: Professional Negotiations Agreement, Professional Negotiations Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or ‌ A “grievance” is a claim by NEA-Carlsbad or by one or more employees that there has been a violation, misinterpretation, or misapplication of any provision of this agreement or District policy, regulation or practice. Time lines may be extended by mutual consent. A claim by an employeeemployee that there has been a violation, employees misinterpretation or Association misapplication of any provision of this agreement shall be processed as a grievance as hereinafter provided. In the event that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become aggrieved party believes there is a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has basis for a grievance, he/she shall first present discuss the alleged grievance with the building principal or immediate supervisor either personally or accompanied by an NEA-Carlsbad representative within twenty (20) work days of the occurrence of the grievance orally to his/her or the time one should reasonably have known of the occurrence. This is the informal oral process of grievance. The employee will state this as the informal step of the grievance process. All grievances will state the specific Agreement item violation, tell how the employee was harmed, and what remedy is sought. STEP 1 (Supervisor) A. If, as a result of the informal discussion with the building principal or immediate supervisor, a grievance still exists, the grievant may invoke the formal grievance procedure on the grievance form provided under appendix I. A copy of the grievance form shall be delivered to the principal or the Sheriff either alone or accompanied immediate supervisor. The form shall be signed and dated by the Association ▇▇▇▇▇▇▇. Step 2grievant and a representative of NEA-Carlsbad. If The written grievance must be filed within the grievance is not settled at District Human Resources Director within twenty (20) days of the first step grievance, or within ten (10) days, it shall be reduced to writing and presented to days of the Sheriff. If not resolved within five informal step. B. Within seven (57) working daysworkdays of receipt of the grievance, the Sheriff principal or immediate supervisor shall meet with the grievant and/or NEA-Carlsbad in an effort to resolve the grievance. C. The principal or immediate supervisor shall indicate disposition of the grievance, in writing, within seven (7) workdays of such meeting and shall furnish the employee grievant and NEA-Carlsbad a reply in writingcopy. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Grievance. Any matter involving Section 1. It is recognized that on occasion a complaint may arise between the interpretation, application, Employer and the Union concerning the meaning or enforcement application of the terms or compliance with any Article or Section of this Agreement. Such complaints may arise because of an honest difference of opinion, an error in judgment, an oversight, a misinterpretation, or from countless other ways in which there was no intent to cause a claim by an employeemisunderstanding. The Employer and the Union desire that such differences be promptly settled so that efficiency may not be interrupted, and morale and earning of employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by shall not be impaired. Section 2. The procedure for the orderly and prompt disposal of complaints shall be as outlined below. This procedure shall be available to the Employer and the Union. A. One (1) representative of the Employer and one (1) representative of the Union shall meet to discuss and adjust the complaint. If the complaint is not satisfactorily adjusted within five (5) working days from the date the representatives meet to discuss the complaint, it may be submitted to arbitration by any action taken in the exercise either Party. B. Written notice of its rights or powers, may become a grievance. Grievances intent to arbitrate must be presented in Step 1 served by Registered Mail within ten (10) working days subsequent to the fifth (5th) working day from the date the representatives meet to discuss the complaint. The Notice of (1Arbitration shall clearly state the complaint and set forth the Article(s) and Section(s) of this Agreement alleged to be violated. C. The Employer and the occurrence Union shall request the Director of the event causing Federal Mediation and Conciliation Service to submit a list of seven (7) names of suggested arbitrators. Such requests shall have attached to it the grievance; or (2) within ten (10) working days Notice of Arbitration. The Employer and the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievanceUnion, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working daysdays after receipt of said list, shall meet and select the Sheriff Arbitrator by alternately striking three (3) names each from the list. The seventh (7th) or remaining name shall furnish be accepted by both the employee a reply in writingEmployer and the Union as the impartial Arbitrator. Step 3. If the grievance is not settled at the second step and within fourteen D. The Arbitration Board shall consist of one (141) days after the employee receives a reply in writing representative from the SheriffUnion and one (1) representative from the Company, and the grievance impartial Arbitrator. The members designated by the Employer and the Union shall be presented entitled to sit and advise the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Directorimpartial Arbitrator, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.but these two

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance. Any matter involving Section 1. It is agreed to and understood by both parties that there shall be a procedure for the interpretation, application, resolution of grievances between the parties arising from the application or enforcement of the terms interpretation of this Agreement. Grievances are limited to claims arising during the effective dates of this Agreement which are dependent for resolution exclusively upon interpretation or application of one or more express provisions of this Agreement. No dispute, claim or a claim by an employee, employees complaint or Association that an employee has been discriminated against or treated unfairly or arbitrarily other matter not meeting this definition shall be processed by the Employer by any action taken in the exercise of its rights or powers, may become City. Section 2. Prior to filing a grievance. Grievances must be presented in Step 1 , the bargaining unit employee may notify his/her supervisor of his/her intent to file a grievance within ten (10) working days calendar days. This does not modify the other time limits contained in this article. Section 3. The City agrees that the PBA representative may adjust grievances while on duty. The PBA agrees not to abuse this privilege. The PBA will provide the City with the name of (1) the occurrence of the event causing the grievance; its representative and his or (2) her alternate assigned to adjust grievances. Section 4. All grievances must be processed within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be provided unless extended by mutual agreement in writing. If the time limits are not extended and the bargaining unit employee or PBA does not initiate the grievance or appeal a decision of management within the time limits specified, the grievance shall be dismissed. If the City does not render a decision within the time limits specified, the grievance will advance automatically to the next step. Both parties may agree to by-pass or extend any step of Section 5. Grievances shall be processed in accordance with the following procedures: Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure within the limits provided for the submission of grievances in Step 1, and shall be signed by the aggrieved employees and/or the PBA representative on their behalf if they so desire. STEP 1: Within ten (10) calendar days of the date the employee or the PBA knew or should have known of the incident or occurrence giving rise to the grievance, the employee must submit the grievance, in writing, to the Police Major or Police Chief designee. The written grievance shall identify the specific provisions of this Agreement allegedly violated, provide factually specific data in support of the grievance, including management actions that allegedly violated the Agreement, and state the relief requested. The Police Major shall respond to the grievance in writing within ten (10) calendar days of the receipt of the grievance. STEP 2: If the grievance has not been satisfactorily resolved in Step 1, the bargaining unit employee, or the PBA representative if the employee so wished his/her assistance, may present such grievance to the Chief of Police or his/her designee. The grievance must be presented to the Chief of Police or his/her designee within ten (10) calendar days from the date the Police Major’s response was due or received, whichever is earlier in Step 1. The Chief of Police or his/her designee shall meet with the bargaining unit employee, and the PBA representative if the employee wishes, within ten (10) calendar days. The Chief or his/her designee shall respond in writing within ten (10) calendar days from the date from the receipt of the grievance. STEP 3: If the grievance has not been satisfactorily resolved in Step 2, the bargaining unit employee, or the PBA representative if the employee so wishes his/her assistance, shall present a written appeal to the City Manager within ten (10) calendar days. The City Manager or his designee shall meet with the bargaining unit employee, and the PBA representative if the employee wishes, within ten (10) calendar days of the date the Chief of Police’s response was due or received, whichever is earlier, in Step 2. The City Manager or his designee shall respond in writing within ten (10) calendar days from the date of the appeal to the City Manager.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance. Any matter involving 7.01 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the interpretationadministration, application, application or enforcement interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company’s operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. (a) Subject to the terms of this Agreement, Agreement which relate to the investigation following administration of discipline or a claim by an employee, employees or Association that the decision of the Company to discharge an employee has or an employee who feels that he had been discriminated against unjustly dealt with, the following procedure shall be followed: (b) Before a complaint is lodged in writing, the employee shall discuss the matter with the Manager or treated unfairly or arbitrarily by designate as a means of settlement. STEP 1 The grievance shall be in writing, copy of which shall be given to the Employer by any action taken in Manager and to the exercise of its rights or powers, may become a grievanceemployee’s ▇▇▇▇▇▇▇. Grievances The grievance must be presented to the Manager within seven [7] working days after the occurrence of the matter complained of and the Manager shall answer the grievance presented to him, in Step 1 writing, within seen [7] working days after he has received it. The grievance must be in a legible form and signed by the employee. STEP 2 If the matter has not been settled, the Unit Chairperson or his designate of the employee involved may, within ten (10) working days of (1) after receiving the occurrence of written answer from the event causing Manager, present the grievance; grievance in writing to the General Manger or (2) his nominee, who shall render his decision in writing within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievanceafter receiving it. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. STEP 3 If the grievance matter is not settled at Step 2, the first step Unit Chairperson and/or his designate may, within ten (10) daysworking days after receiving a written decision at Step 2 present the grievance to the Director of Labour or his nominee. At the request of either party a meeting between Management and the Unit Chairperson or designate, Local President and/or National Representative will take place within ten (10) working days after the grievance has been presented at Step 3. In the cases of Policy Grievance and / or unusual circumstances, the provisions of this clause may be extended. 7.03 In the event of either the Company or the Union wishing to present a policy/group grievance alleging the violation of this Agreement, such grievance must be presented in writing within seven [7] working days after the occurrence of the matter complained of. If the Union files such a grievance, it shall be reduced to writing and presented done by the Unit Chairperson or designate submitting a statement of the claim to the Sheriff. If not resolved Vice President or his nominee who shall answer same in writing within five (5) working days, and the Sheriff other steps of the grievance procedure as outlined above shall furnish the employee a reply in writing. Step 3then apply. If the Company file such a grievance, it shall be done by the Vice President or his nominee submitting a written statement of the grievance is not settled at to the second step and within fourteen (14) days after Unit Chairperson or designate of the employee receives a reply Union. He shall answer the grievance in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar working days following the expiration of the fifteen (15 days aforesaid, or and if the matter will is not settled, there shall be deemed waived a meeting between the Union Grievance Committee and finally settledManagement within seven [7] working days after the Unit Chairperson or designate has submitted his answer. In matters where suspension or dismissal without pay or benefits are an issue, A reference of any matter to arbitration shall then follow the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules other terms set forth in that Section shall governthis Agreement. Step 4. Any grievance not settled in Step 3 above and timely noticed 7.04 All time limits specified herein for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above or arbitration procedure may be extended but only by mutual agreement confirmed in writing. In particular, it is recognized that when a person involved in a grievance or all members of the Grievance Committee are not available due to absence away from home, then the Parties will co-operate to provide a reasonable extension of a time limit as specified for the presentation, processing or discussion of the grievance. 7.05 Other than the initiation of a grievance; when either party violates the time limits then the grievance will proceed to the next step. The Union will advise the Company in writing within seven (7) working days when a grievance is dropped. 7.06 Time set for grievances, arbitrations and investigations shall not include Saturdays, Sundays and Public Holidays for both Company and Union. 7.07 Management shall not call in any grievor to discuss the grievance with the employee unless the Unit Chairperson or his designate is present.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance. Any matter involving arising directly between the Employer and the Union concerning the interpretation, application, application or enforcement alleged violation of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances Agreement must be presented in originated under Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1No. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or event giving rise to the matter will be deemed waived and finally settledgrievance. In matters where suspension or dismissal without pay or benefits are an issueThe nature of the grievance, the Financeremedy sought, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules section or sections of the Agreement which are alleged to have been violated must be set forth out in the grievance. Failing settlement under Step No. within ten calendar days, it may be submitted to arbitration in accordance with Article However, it is expressly understood, that Section the provisions of this paragraph shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be used by the party appealing, Union to institute a complaint or grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be subject thereby bypassed. A Policy Grievance will not result in a compensatory remedy with the exception of a remedy pursuant to arbitrationArticle or involvingthe discharge of an employee who has successfully completed his probationary period must be reduced to writing and originated under Step No. within five (5) calendar days of the employee being notified of his discharge. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member nature of the staff grievance, the remedy sought, and the section or sections of the Agreement which are alleged to serve as the arbitrator. The Arbitrator shall make a decision on have been violated must be set out in the grievance which shall be signed by the employee. Notwithstanding anything in this Agreement, a probationary employee may be disci- plined or discharged at the sole discretion of and for any reason satisfactory to the Employer. The parties agree that the discipline or dismissal of a probationary employee as noted herein does not constitute a difference between the parties and is therefore not subject to the grievance and arbitration procedures. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union shall be in writing and shall be final and binding on both partiesupon the Employer and the Union and the employee or employees involved. TIME LIMITS: Time limits set forth above No Union representative or ▇▇▇▇▇▇▇ may solicit griev- ances from employees during the course of their normal duties. All monetary grievances that are mutually agreed upon shall be paid within two (2) pay periods of such agreement by separate cheque. The Employer will endeavour to provide written repri- mands within fourteen (14) calendar days of the Employer becoming aware of the circumstances, unless moretime is needed to investigate,in which case the Union shall be notified and the time extended by mutual agreement in writing.accordingI Disciplinary written warnings, and/or disciplinary suspensions placedon an employees file after February shall be removed from the employees file four

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance. Any matter involving If the interpretationdecision in Section is not acceptable, application, or enforcement the grievance may be submitted in writing by the Union to the supervisor within five (5) calendar days from the date of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by decision in Section The supervisor and the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 shall meet within ten five (105) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working calendar days of the time that an employee reasonably should have known of the events causing date the grievance or else was filed with the same supervisor in an effort to resolve the grievance. The shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association his Union ▇▇▇▇▇▇▇. Step 2. If The may also be accompanied by a Business Representative of the Union. Following the completion of a grievance is not settled at meeting, the first step within ten (10) days, it supervisor shall be reduced to writing and presented to the Sheriff. If not resolved within have five (5) working days, calendar days to submit a written response. Should the Sheriff shall furnish supervisor fail to respond within the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of said five (5) department heads. The participating “calendar days or should the written response provided at large” member shall not Step be affiliated with unsatisfactory to the grievant’s department of employment. The GHC shall meet at a time when or should the grievant is not scheduled parties fail to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If resolve the grievance at Step the may refer his grievance to the Vice-president of Operations or his designate, provided it is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 done so within five (5) calendar days following that the expiration received or should have received the written response from the supervisor at Step The Vice-president of Operations or his designate and the shall meet within five (5) calendar days of the fifteen (15 days aforesaid, or date that the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff was received by the party appealing, President of Operations or his designate in an effort to resolve the grievance. The shall be subject to arbitrationaccompanied by his Union ▇▇▇▇▇▇▇. The parties shall request the Wisconsin Employment Relations Commission to appoint may also be accompanied by a Commissioner or member Business Representative of the staff to serve as the arbitratorUnion. The Arbitrator shall make a decision on Following completion of the grievance which meeting at Step the Vice-president of Operations or his designate shall have five (5) days to provide a written response. Should the Vice-president of Operations or his designate fail to respond within the said five (5) calendar days or should the written response provided at Step be final and binding on both parties. TIME LIMITS: Time limits set forth above unsatisfactory to the Union or should the parties fail to resolve the grievance at Step the Union may be extended by mutual agreement in writing.refer the grievance to arbitration provided it is done so within seven (7) calendar days of the date that the Union received or should have received the written response from the Vice-president of Operations or his designate at Step

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievance. Any matter involving The Company agrees to meet and treat with the interpretation, application, or enforcement duly accredited officers and committees of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken Union in the exercise of its rights following manner on differences that may arise between the Company and the Union: 1. Any dispute arising between the employee and/or employees and the Company shall be handled in the following manner: The employee and/or employees who believe they have been treated unjustly shall present their grievance verbally to his or powersher immediate Supervisor. A union ▇▇▇▇▇▇▇ may be present at this discussion. In the event that a satisfactory settlement is not reached at this step, may become the grievance shall then be reduced to writing on a grievance. Grievances must be presented in Step 1 form agreed to between the Union and the Company and filed within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known incident unless unusual circumstances are involved. The written grievance shall be in triplicate. 2. The three copies of the events causing written statement of grievance will be presented to the Department Superintendent, who upon receipt of the written statement of grievance will meet with the aggrieved employee and/or employees and the Union ▇▇▇▇▇▇▇ and make an ▇▇▇▇▇▇▇ attempt to reach a satisfactory settlement. In the event no satisfactory settlement is reached, the Department Superintendent will respond in writing in the space provided for on the grievance or else form. 3. In the same event that the grievance has not been satisfactorily settled in (b) of this procedure, the three copies of the written grievance, with the Department Superintendent's written answer, shall be barred as a grievance. Step 1dispersed in the following manner: – One copy shall be forwarded to the General Manager of the Company. If an employee has a grievance, he/she – One copy shall first present be forwarded to the grievance orally to his/her immediate supervisor, or Business Representative of the Sheriff either alone or accompanied Union by the Association ▇▇▇▇▇▇▇. Step 2, and – The employee and / or employees shall retain one copy. If Upon receipt of written statement of grievance, the General Manager and the Business Representative of the Union shall arrange a meeting date to review the grievance and make an ▇▇▇▇▇▇▇ attempt to reach a satisfactory settlement. Either party may have a committee present at this meeting. In the event that a satisfactory settlement is not settled reached at this meeting, the first step within ten (10) days, it unresolved dispute shall be reduced referred to writing an impartial arbitrator for decision and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writingaward. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a A claim by an employee, employees employee or the Association that an employee there has been discriminated against a violation, misinterpretation or treated unfairly or arbitrarily by misapplication of any provision of the Employer by any action taken in the exercise of its rights or powers, Agreement may become be processed as a grievance. Grievances must A grievance shall be presented defined as an alleged violation of the expressed terms and conditions of this contract. The following matters shall not be the basis of any grievance filed under the procedure outlined in Step 1 this Article: • The termination of services of, or failure to re-employ, any probationary employee. • The grievance procedure does not apply to any matters for which the employee or Association has recourse under state or federal statutes. • Employee job performance reviews, lay-off, recall, assignment and placement, will not be subject to the grievance procedure. • The Association shall designate a committee whose spokesperson may assist in handling grievances when requested by the grievant. The Board hereby designates the Superintendent or his/her designee to act as its representative at Level One as hereinafter described. • The term "Days', as used herein shall mean work days for the ESD main office schedule Written grievances as required herein shall contain the following: • It shall be signed by the grievant or grievants. • It shall contain a synopsis of the facts giving rise to the alleged violation. • It shall cite the section or subsections of this contract that have been violated. • It shall contain the date of the alleged violation. • It shall specify the relief requested. Any written grievance not in accordance within the specified time limitation may be rejected as improper and have no further recognition. Such a rejection shall not extend the limitations hereinafter set forth. If a grievance is rejected for not meeting the specified requirements as stated above, it may be resubmitted one time by being returned to the grievant(s) with notation of impropriety and changes needed to meet requirements. Upon acceptance of the corrected grievance, the following procedure will be followed: LEVEL ONE - An employee alleging a violation of the express provisions of this contract shall within ten (10) working days of (1) its alleged occurrence orally discuss the occurrence grievance with his/her supervisor in an attempt to resolve the same. The employee shall notify the designated representative of the event causing Association of his/her grievance and may request his/her presence at the grievance; or presentation of the grievance at the employee's option. If no resolution is obtained within five (25) days of the discussion, the employee shall reduce the grievance to writing and proceed within ten (10) working days of said discussion to Level Two. LEVEL TWO - A copy of the written grievance shall be filed with the Superintendent or his/her designated agent as specified in Level One, which may contain the endorsement thereon of the approval or disapproval of the Association. Within ten (10) days of receipt of the grievance, the Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated representative, at the option of the grievant, to discuss the grievance. Within ten (10) days of the time that an employee reasonably should have known of discussion, the events causing the grievance Superintendent or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate designated agent shall render his/her decision in writing, transmit a copy of the same to the grievant, the Association secretary, the supervisor, and place a copy of same in a permanent file in his/her office. If no decision is rendered within ten (10) days of the discussion, or the Sheriff either alone or accompanied by decision is unsatisfactory to the grievant and the Association, the Association ▇▇▇▇▇▇▇. Step 2shall within ten (10) days appeal same to the Board of Education by filing such written grievance along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the Agenda for the Board's next regularly scheduled Board meeting. LEVEL THREE - Upon proper application as specified in Level Two, the Board shall allow the employee or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one month from the hearing of the grievance, the Board shall render its decision in writing. LEVEL FOUR - If the grievance is not settled at the first step within ten (10) dayspreceding step, it shall may be reduced submitted to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled binding arbitration at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised election of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved Association if appealed within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, Board's decision. Such appeal shall be made pursuant to the current rules of the American Arbitration Association with a copy submitted to the Superintendent. Any arbitration proceeding initiated or conducted under the matter contract will be deemed waived and finally settledgoverned by the provisions of the Uniform Arbitration Act, MCL 691.1681. In matters where suspension or dismissal without pay or benefits are If the decision by an issuearbitrator is split, the Financearbitrator's fees will be split on a percentage basis to be determined by the arbitrator. If the decision by the arbitrator favors one side only, Personnel and Economic Development Committee then the arbitrator's fees shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be borne by the party appealing, shall be subject to arbitrationagainst whom the arbitration decision is made. The parties Association shall request have the Wisconsin Employment Relations Commission right to appoint decide when and if a Commissioner or member grievance shall proceed to the next step and shall inform the grievant of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingreasons behind that decision.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Grievance. Any matter involving SECTION 1. A grievance is a complaint, dispute, or controversy in which it is claimed that either party has violated a specific provision of this Agreement and which involves the meaning, interpretation, application, or enforcement of the terms application of this Agreement. SECTION 2. The parties agree that all grievances should be dealt with promptly and every effort should be made to resolve the grievance on an informal basis between the Employee and City representative or supervisor involved. Grievances shall be processed as follows: STEP 1. Within seven (7) calendar days after the date on which the incident giving rise to the grievance occurred, or a claim by an employeewhen the grievance occurred, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by when the Employer by any action taken in the exercise of its rights or powers, may grievant could be expected to become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence aware of the event causing event, the grievance; grievant shall discuss the matter with his or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or who, if he has authority, shall make an oral response to settle the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇grievance. Step STEP 2. If the grievance is not settled resolved at the first step Step 1, then, within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from date on which the Sheriffincident giving rise to the grievance occurred, or when the grievant could be expected to become aware of the event, the Union may appeal the grievance to Step 2. The Union shall be presented reduce the grievance to writing, sign and date the grievance and present the written grievance to the Grievance Hearing Committee (GHC) and notice Chief of such appeal shall be given Police or the Chief's designate. The written grievance must state all relevant facts giving rise to the Sheriffgrievance, the dates on which the facts occurred, and the specific provisions of this Agreement alleged to have been violated. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member City shall not be affiliated with obligated to process any grievance not containing the grievant’s department of employmentrequired information. The GHC City shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 respond in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.within ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, applicationSection 1. Definition.‌ A grievance is hereby defined as a complaint or claim against, or enforcement dispute, misunderstanding or controversy with, the Employer by a faculty member or members or the Federation arising out of the interpretation or application of any alleged violation by the Employer of the terms of this Agreement. An individual faculty member or group of faculty members shall have the right to present grievances and to have such grievances adjusted without the intervention of the Federation, or as long as the adjustment is not inconsistent with the terms of this Agreement and a claim by an employee, employees or Association that an employee representative of the Federation has been discriminated against or treated unfairly or arbitrarily given the opportunity to be present at such adjustment. Such grievances shall be handled in the following manner: The grievant and Federation representative, if requested by the Employer by any action taken in the exercise of its rights or powersgrievant, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first orally present the alleged grievance orally to hisher/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2vice president. If the grievance is not settled at adjusted orally, the first step within ten (10) days, it grievance shall be reduced to writing writing, dated and presented to signed by the Sheriff. If not resolved within five (5) working daysfaculty member and the Federation representative involved, if any, and shall state the specific factual basis of the grievance, the Sheriff shall furnish provision or provisions of the employee a reply Agreement involved, if any, and the remedy sought. Any grievance not presented in writing. Step 3. If writing within thirty (30) days after the aggrieved cognizance of the facts on which the grievance is based shall be waived for all purposes. The vice president shall be given the written grievance and he/she will not settled receipt of the same by countersigning and dating the original grievance and shall give a copy of the grievance to the Federation representative. The vice president shall answer the grievance in writing within thirty (30) days and shall concurrently send a copy of the grievance and the answer to the Federation. If no settlement is reached at Step One, the second step and within written grievance may be submitted to the President or designed representative not more than fourteen (14) days after it is answered in Step One. Representative(s) of the employee receives a reply in writing from Federation will be present at any meeting called to consider the Sheriffgrievance at this Step Two. The President or his/her designated representative shall send his/her written answer to the Federation within fourteen (14) days. Such answer shall be deemed to be the position of the Employer. If no settlement is reached at Step Two, the grievance shall be presented Federation may in its sole discretion within thirty (30) days after the date of the Step Two answer, request by written notice to the Grievance Hearing Committee (GHC) President and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If American Arbitration Association that the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidbe arbitrated, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in provided that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingpresents an arbitrable matter as herein defined.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance. A. Procedures 1. Any matter involving claim by an Employee or the interpretationAssociation that there has been a violation, application, misinterpretation or enforcement misapplication of the terms of this Agreementagreement shall be considered a grievance. 2. The primary purpose of this procedure is to secure, or at the lowest level possible, equitable solutions to a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing aggrieved person. The potential for grievances is reduced by establishing and maintaining two-way communication between staff and administration. 3. All time limits consist of work days. Work days for the grievance; or purpose of the grievance procedure shall mean Employee’s employment days. Failure to file a grievance within fifteen (215) within ten (10) working Employee work days of the time date that an employee reasonably either the Employee or the Association affected knew or should have known of the events causing the grievance alleged violation, misapplication or else the same misinterpretation, shall be barred act as a grievancebar to any further appeal. Step 14. If an employee has Nothing contained herein shall limit the right of any Employee or group of Employees claiming to have a grievance, he/she shall first present grievance to discuss the grievance orally to matter informally with his/her immediate building principal and/or supervisor. The alleged grievance may be resolved without presence of an Association representative, provided the decision is not inconsistent with the terms of this agreement. If requested by the Employee, a duly designated bargaining unit Employee-representative of the Association may be present at each level, as well as at any other meetings, hearings, appeals, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇proceedings relating to a grievance which has been presented, except at Level Three. Step 25. If the The Association shall designate its grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented representatives to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply Employer in writing. B. Level One – Informal Step 3. If An Employee or the Association with an alleged grievance is not settled at the second step must first present it orally and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented informally to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to building principal or other supervisor if no principal supervises the SheriffEmployee. The GHC shall be comprised Employee must notify the principal it is an informal grievance meeting. The principal will document the date and time of the County HR Director, meeting and whether or not the Director of Administration and an “at-large” member selected by principal allowed or denied the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governinformal grievance. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievance. Any matter involving Where a difference arises between the parties relating to the interpretation, application, or enforcement . application of administration of the terms of including any question as to whether a matter is or where an allegation is made that this AgreementAgreement has been violated either by the Employer, the Employer’s Representative and/or Construction Association, the Union or a claim by an employeeEmployee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken it shall be settled in the exercise of its rights or powers, may become a grievanceaccordance with this Article. Grievances must be presented in Step 1 Any grievance not filed within ten (10) seven working days of (1) the occurrence first knowledge of the such event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should will be deemed not to have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1occurred. If an employee has a grievance, he/she The griever shall first present his grievance verbally to the grievance orally to his/her immediate supervisor▇▇▇▇▇▇▇ under whose direction he is, or or, in the Sheriff either alone or case of a dismissal under whom he was working. The Employee may be accompanied by the Association his Union ▇▇▇▇▇▇▇. Step 2. The ▇▇▇▇▇▇▇ shall give his answer not later than noon following the working day on which the grievance is presented to him. If the grievance decision of the ▇▇▇▇▇▇▇ is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffunacceptable, the grievance shall be submitted in writing, not later than two working days following the day of the ▇▇▇▇▇▇▇’▇ answer, to the Superintendent of the Employer concerned, or the Employer’s Representative who shall render his decision not later than of the working day following the day on which the grievance is presented to the Grievance Hearing Committee (GHC) and notice of such appeal him. The Union shall be given entitled to submit a grievance in writing directly to the Sheriff. Superintendent of the Employer concerned or Employer’s Representative who shall render his decision not later than two working days following presentation of the grievance to him (this is subject to The GHC Employer or his representative shall be comprised entitled to submit a grievance in writing directly to the Union Representative or to any other Union Official who shall render his decision not later than two working days following presentation of the County HR Directorgrievance to him (this is subject to Where a policy grievance arises, the Director of Administration subsections and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes required and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject parties can proceed directly to arbitration. The parties Before introducing policy grievances to arbitration, all efforts shall request be made to settle the Wisconsin Employment Relations Commission to appoint a Commissioner or member grievances. After exhausting the procedures set out in the foregoing paragraphs, either of the staff parties involved shall notify the other party in writing of its desire to serve as submit the arbitrator. The Arbitrator differences or allegations to arbitration, and the notice shall make a decision on contain the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingname of the party’s appointee to the Arbitration Board.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving In the event that any difference arises out of the interpretation, application, operation, or enforcement of the terms any alleged violation of this Agreement, including any difference arising from the suspension or a claim by an employeedismissal of any employee and including any question or difference as to whether any matter is arbitrable, employees such question or Association that an employee has been discriminated against difference shall be finally and conclusively settled without stoppage of work in the following manner: (a) Such difference or treated unfairly or arbitrarily grievance shall first be reduced to writing and taken up by the Employer by any action taken in employee and a representative of the exercise Union with the employee's Department Head and the Director of its rights or powersHuman Resources, may become a grievance. Grievances must be presented in Step 1 within ten (10) working calendar days of (1) the occurrence of the event causing the grievance; such difference or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancearising. Step 1. (b) If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, such difference or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days, the grievance shall be submitted by the Union to the City Manager. (c) The City Manager shall meet and discuss the matter with the grievor and the Union within ten (10) calendar days following the expiration of receipt of the fifteen grievance. (15 d) Should the City Manager be unable to effect a settlement within ten (10) calendar days aforesaidof the meeting pursuant to step (c), or either party may, within a further five (5) calendar days, submit the grievance to a Board of Arbitration of three (3) persons, one (1) of whom shall be appointed by the Corporation and one (1) by the Union. Such appointments shall be made within ten (10) calendar days of the date the matter will is referred to Arbitration and the third member shall be deemed waived appointed within ten (10) calendar days by the two (2) members so appointed and finally settledshall be Chairperson. In matters where suspension or dismissal without pay or benefits are an issueShould the members appointed by the parties fail to agree on a Chairperson within the said ten (10) calendar days, the Finance, Personnel and Economic Development Committee said Chairperson shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be appointed by the party appealing, shall be subject to arbitrationMinister of Labour of the Province of British Columbia. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member provisions of the staff to serve as Labour Relations Code shall govern such decision of the arbitratorBoard. The Arbitrator shall make a majority decision on of the grievance which Board shall be final and binding on both parties and each party shall bear the expense of their Arbitrator and pay half of the expenses of the Chairperson. (e) In the event the Board of Arbitration finds that an employee has been dismissed or suspended for other than proper cause, the Board of Arbitration may direct the Corporation to reinstate the employee and pay to the employee a sum equal to the wages or salary lost by reason of such suspension or discharge or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable or make such other order as it considers fair and reasonable having regard to the terms of the Collective Agreement between the parties. TIME LIMITS: Time limits set forth above . (f) Where a stipulated time is mentioned herein, the said time may be extended by mutual agreement consent of the parties. (g) Grievances dealing with dismissal or termination shall start at the City Manager step in writingthe Grievance Procedure.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving A complaint or grievance shall be presented writing to the Employer at Step Two of the grievance procedure by the Association for differences arising directly between the Employer and the Association concerning the interpretation, application, or enforcement alleged violation of this Agreement within fourteen (14) calendar days following the giving rise to the complaint of grievance, Failing settlement the grievance may be submitted to arbitration. Failing settlement of the terms grievance the foregoing procedure, such grievance may be submitted to arbitration. If no written request for arbitration received within eighteen (18) calendar days after the decision under Step Two is given, the grievance shall be deemed to have been abandoned. Where such a written request postmarked within sixteen (16) calendar days after the decision under Step Two, will be deemed to have been received within the time limits. The party referring the matter to arbitration shall name nominee at the same time. The recipient of this Agreementthe notice shall, or a claim by an employeewithin ten days, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by inform the Employer by any action taken in other party of the exercise name of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented nominee to the Sheriffarbitration board. If not resolved within five (5) working daysThe two nominees so selected shall, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after of the employee receives nomination of the second of them, select a reply in writing from mutually acceptable third person who shall be the Sheriffchairperson. If one of them fails to name nominee, or the two nominees fail to agree upon a chairperson within the time limits, the grievance appointment shall be presented to made by the Grievance Hearing Committee (GHC) Minister of Labour for Ontario upon the Each party shall pay its own expenses including those for its nominee and notice witnesses and the fees and expenses of such appeal the chairperson shall be given to borne equally by the Sheriffparties. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member Arbitration Board shall not be affiliated empowered to alter, modify, add to or amend any part of this or to any decision which is inconsistent with the grievant’s department provisions of employmentthis Agreement. No person be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle a grievance. The GHC time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory. and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If result in the grievance is not resolved within fifteen (15) calendar days either party may submit the matter being deemed to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governhave been abandoned. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement No grievance shall be considered in any step unless it has been properly carried through all previous steps of the terms grievance procedure required by this Agreement, except that if at any step of this grievance procedure the Corporation or the Union does not give its decision within the allotted time limit, the grievance may be carried to the next step within the appropriate time which shall start to run from the expiration of the allotted time within which the decision should have been given. Within ten days of the event upon which the grievance is based, the Corporation or the Union may submit a grievance in writing to the other alleging the violation of a term of this Agreement. Such a grievance shall set out the facts and the section or sections of the Agreement claimed to be violated or relied upon and the matter shall be dealt with in accordance with Article (Step 3) and the balance of the grievance procedure. No grievance shall be submitted by the Union under this Article unless it involves more than one (1) employee, or unless it is a claim by matter regarding which the Corporation has established a written policy. When more than one (1) employee has a common grievance, a single grievance shall be presented as provided in Article (Step 3) and shall set out names of the employees to whom it applies. The Union and its representatives shall have the right to originate a grievance for an employee, employees or Association that other than through an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. , and to seek adjustment the Corporation in the manner provided in the grievance procedure. Such a grievance shall commence at Step 2and the concerned shall be present at the hearings and discussions. If the a grievance is not settled at submitted in the first step within ten (10) daystime limit provided, it shall be reduced deemed to writing be abandoned. At any stage of the grievance procedure, including Arbitration, the conferring parties may have the assistance of the employees or employee concerned and presented any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to have access to the SheriffHome and to view disputed operations and to confer with necessary witnesses. If not resolved within five (5) working days, The Corporation shall have the Sheriff shall furnish right to file a grievance as contemplated by the employee a reply in writing. Step 3. If Ontario Labour Relations and the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance procedure shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.follows:

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, applicationPROCEDURE The following procedures are established for settlement of complaints and grievances. (a) Step I (Immediate Supervisor Level) (1) The employee, or enforcement his/her representative, or both, shall notify his/her immediate supervisor of a complaint within fifteen (15) workdays of the terms date upon which the employee could have reasonably been aware of this Agreementthe occurrence of the matter which gave rise to the complaint. The notice shall clearly identify the matter as a Step 1 grievance complaint. This is not a required first step of the grievance procedure. (2) A supervisor may elect not to meet with the employee and/or his/her representative in a Step I meeting, and if such election is made, the supervisor shall advise the employee within two (2) workdays of receiving notice of the complaint or grievance. The employee will then have ten (10) workdays to file his/her complaint or grievance, in writing, to Step II – Defender General. (3) If a Step I is initiated, the complaint shall be discussed informally by the aggrieved employee, or a claim by an employeehis/her representative, employees or Association that both, and the immediate supervisor. If the issue remains unresolved, an employee has been discriminated against or treated unfairly or arbitrarily by must comply with the Employer by any action taken in following time frames for filing to the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 II level within ten (10) working days workdays after receipt of the Step I decision. (b) STEP II (Defender General Level) (1) If no satisfactory settlement is reached at Step I the occurrence complaint shall be reduced to writing, in accordance with section 2(c) above, and shall be submitted for action by the aggrieved party or representative to the DG within the time frames outlined in Section 3(a) above, otherwise the matter shall be considered closed. On request of a VSEA Director, and with the approval of the event causing ODG, the grievance; or time limits for filing a Step II grievance may be extended for a specific period of time, not to exceed ten (10) workdays. (2) The grievance shall be discussed informally, either in person or via telephone, within ten (10) working days workdays of its receipt, between the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievanceemployee, he/she shall first present the grievance orally to and/or his/her immediate supervisorrepresentative, and the ODG head or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇designee. Step 2. If (3) The employee shall be notified in writing of the grievance is not settled at the first step DG’s decision within ten (10) daysworkdays after the discussion. The parties may mutually agree to postpone the discussion, but shall hold it as soon as practical. Failure to issue a written decision within the time frames specified in this subsection shall result in the automatic granting of the contractual remedy requested by and directly applicable to the grievant. Any dispute over what the contractual remedy will be, shall be reduced to writing and presented to decided by the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3VLRB. If the DG is on leave at the time the ODG receives notice from the VSEA, the ten (10) day requirement shall automatically be extended for the duration of the leave period, not to exceed ten (10) workdays, at which time the VSEA reserves the right to process the grievance to the next step or wait for the DG to return from leave. Notice shall be sent to the DG if the grievance is not settled at processed to the second step and within fourteen next step. (14c) days after the employee receives a reply in writing STEP III (Board Level) The appeal from the Sheriff, the grievance DG’s decision shall be presented to the Grievance Hearing Committee (GHC) Vermont Labor Relations Board in accordance with the rules and notice of regulations established by the Board and such appeal shall be given to filed within thirty (30) days after receipt of the Sheriff. The GHC Step II decision or the matter shall be comprised considered closed. If within the time set by the VLRB for appealing such decision, VSEA submits a written request for reconsideration, the DG may respond in writing to such a request, and if it does so, the time for appealing the decision of the County HR DirectorDG shall begin to run from the date of receipt of the DG’s written reconsideration response. However, in no event shall the Director of Administration and an “attime for appealing the DG’s decision exceed forty-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (1545) calendar days either party may submit from the matter to Step 4 within five (5) calendar days following the expiration date of receipt of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governoriginal Step II decision. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. There shall be established an Interpretation Committee composed of two representativesof the Board and two representativesof Association. Any matter involving difference between any employee covered by this agreement and the Board, or in a proper case between the Local of the Association and the Board concerning the interpretation, application, operation, or enforcement alleged violation of this agreement, shall be dealt with as follows. A quorum of this committee shall consist of all members. Any teacher who considers that has a grievance arising out of this agreement shall, within school days from the date of the action giving rise to the grievance, lodge in writing a statement of the nature of this grievance to the secretary of the Local Association and a copy of the statement to the secretary of the Board. If the grievance has not been settled within days after the date of of the grievance, the secretary of the Local Association shall within days thereafter give written notice to the secretary-treasurerof the Board and to the members of the Interpretation Committee requesting consideration of the grievance. When the Interpretation Committee receives notice of submission of a grievance, it shall be required to give its decision within days following the of notice and shall dispose of each grievance to another. except whereby unanimous consent of the Interpretation of such grievance is adjourned for the purpose of obtaining further If the committee reaches a majority decision as to the disposition of any grievance, that decision shall be and binding. If the committee does not reach a majority or any decision, either party may, by written notice, serve on the other party within days after the date on which the committee voted on the disposition of the grievance or within days, whichever is the shorter, require the of an arbitration board as hereinafter provided, and if such notice is not served within the time limit, the grievance shall be deemed to be at an end. The parties may by mutual agreement consent to postpone the hearings Regional Division No p of the arbitration board. Such notice shall contain a statement of the nature of the grievance. Each party shall appoint one member as its representative on the arbitration board within five days of such notice and members so appointed shall endeavor to select an independentchairman. If the two members fail to select a chairman within five days after the date on which the last of the two members is appointed, they shall request the Minister of the Department of Labour to select a chairman. The arbitration board shall determine its own procedure but shall give full opportunity to all to present evidence and to be heard. The arbitration board shall not change, modify or alter any of the terms of this Agreementagreement. grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by arising during the Employer by any action taken in the exercise term of this agreement. The arbitration board shall give its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) decision no later than days after the employee receives appointment of the chairman except that with the consent of the Board and the Local of the Association such limitation of time may be extended. The and decision of a reply in writing from majority of the Sheriffmembers of an arbitration board shall be the findings and decision of the arbitration board and shall be binding on the parties. party to the grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairman. Where any reference to clause to inclusive are to a period of days, such period shall be exclusive of Saturdays, Sundays and other holidays. If at any stage of the grievance procedure the grieving party fails to comply with stipulated procedure, the grievance shall be presented deemed to be at an end. Staff deployment within a school shall be the responsibility of the superintendentof schools or his designate and the principal in prior consultation with each individual staff member concerned. In the event of lack of agreement, the matter shall be referred to the Grievance Hearing Committee (GHC) and notice superintendentof schools, Notice of such appeal shall be given to Vacancy In the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.event of:

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving The grievance may be referred to Step 2 by submitting it to the interpretationCentre Manager, applicationVisa Centre, or enforcement designate, on the form referred to in Step This must be done within five working days following the receipt of the terms of this AgreementStep answer, or a claim by and is to include an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by explanation as to why the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in employer's response at Step 1 within ten (10) working days of (1) is not satisfactory. The Centre Manager or designate will convene a meeting with the occurrence of and the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If ▇ for the area and one representative of the bargaining committee within five working days of the grievance is not settled at the first step being referred to Step The trade union representative may also attend this meeting. The Employer must deliver its decision in writing within ten (10) daysworking days of the date of the Step 2 meeting. In the interests of timely resolution of problems and concerns any differences arising between the employer and the trade union concerning the interpretation, it shall application, administration or alleged violation of this collective agreement should first be reduced verbally reviewed with the Centre Manager, Toronto Visa Centre or the local trade union Chairperson, or either party's designate, prior to writing and presented originating a grievance at Step 2 by either party on the form referred to the Sheriffin Step above. If not resolved This must be done within five (5) ARTICLE working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply circumstances giving rise to the grievance first occurred. The grievance is to be submitted in writing from and will state the Sheriffnature of the grievance, the date upon which the grievance was prepared, the date the events or circumstances leading to the grievance were alleged to have first occurred, the article or articles and section of the agreement alleged to have been violated, the remedy sought, and be signed by a representative of the A meeting shall be held between the Centre Manager or designate and the trade union representatives within five working days of receipt of the grievance. The grievance shall be answered in writing by the employer or the trade union, as the case may be, within fifteen working days following the meeting. Failing receipt of an answer satisfactory to the employer or the trade union, as the case may be, the grievance may be submitted to arbitration as in Article below. It is understood that a grievance dealt with under this paragraph shall not include any matter upon which an employee would be presented personally entitled to grieve and the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member regular grievance ARTICLE procedure for personal grievance shall not be affiliated by-passed except where the trade union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the rights of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the grievant’s provisions of this Article as per the procedures and time limits outlined in providing the facts of each employee's case are the same and any legal issue is also the same. Where a grievance of this nature is filed, a maximum of three from any one department or ten per cent of employment. The GHC shall meet at a time when the grievant employees in the department, whichever is not scheduled to work or when scheduling arrangements can greater, will be made, allowing the grievant permitted to attend the hearingStep 2 meeting. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidIn any case, or the matter no more than ten will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governpermitted to attend such a meeting. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving ‌ A Regular Part-Time Employee, claiming to have been discharged or suspended from employment without cause or improperly laid off or reassigned shall, file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step 2 of the grievance procedure providing such grievance is lodged with the Director, Human Resources, or designate within fifteen (15) working days of the date they are advised in writing of their discharge, suspension, layoff or reassignment. Mediation/Arbitration Procedure Referral to Mediation/Arbitration‌‌‌ In the event any difference arising from the interpretation, application, administration or enforcement of the terms alleged contravention of this AgreementAgreement has not been satisfactorily settled under the foregoing grievance procedure, or a claim the matter shall then, by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by notice in writing given to the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 other party within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known date of receipt by the grievor of the events causing decision of the College's Official at Step 2, be referred to mediation/arbitration as provided. Mediators/Arbitrators‌ The College and the Local Union shall attempt to select by agreement a Mediator/Arbitrator. If they are unable to agree within a period of fifteen (15) days, either party may apply to the Minister of Labour to appoint the mediator/arbitrator. Mediator/Arbitrator‌ The Mediator/Arbitrator shall endeavour to assist the College and the Local Union to settle the grievance or else the same shall be barred as a grievance. Step 1by mediation. If an employee has a grievance, he/she shall first present the College and the Local Union are unable to settle the grievance orally to hisby mediation, the Mediator/her immediate supervisor, or Arbitrator shall determine the Sheriff either alone or accompanied grievance by arbitration. Powers‌ The Mediator/Arbitrator shall have those powers set out in the Association Colleges Collective ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10▇▇▇ ▇▇▇, ▇▇▇▇, except that Section 14(16) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR DirectorColleges Collective Bargaining Act, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads2008 shall not apply. Limitations‌ The participating “at large” member Mediator/Arbitrator shall not be affiliated authorized to alter, modify or amend any part of the terms of this Agreement nor to make any decision inconsistent therewith nor to deal with the grievant’s department of employment. The GHC shall meet at a time when the grievant any matter that is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the a proper matter for grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governthis Agreement. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving 8.01 For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement or related legislation.‌ 8.02 The grievance shall identify the nature of this Agreementthe grievance, the remedy sought, and should, where possible specify the provisions of the Agreement or a claim by an employee, employees related legislation which are alleged to have been violated.‌ 8.03 At the time formal discipline is imposed or Association that at any stage of the grievance procedure an employee has been discriminated against or treated unfairly or arbitrarily by shall have the Employer by any action taken in right to the exercise presence of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association their ▇▇▇▇▇▇▇.. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.‌ 8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate supervisor or designate the opportunity of adjusting their complaint. The griever may have the assistance of a Union ▇▇▇▇▇▇▇ if they so desire.‌ Step 2. If 1‌ The employee shall submit the grievance is not settled in writing on the appropriate form, and signed by them, to their immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate Supervisor or designate will deliver their decision in writing within five (5) days following the day on which the written grievance was presented to them. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then:‌ Step 2‌ Within five (5) days following the first step decision in the immediately preceding step, the grievance shall be submitted in writing to the Manager, Emergency Services.‌ A meeting will then be held between the Manager, Emergency Services and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties.‌ The decision of the Employer shall be delivered in writing within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration date of the fifteen (15 days aforesaidsuch meeting.‌ Failing settlement, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.then:

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving The Hospital will recognize a Grievance Committee composed of the Chief ▇▇▇▇▇▇▇ and not more than (as set out in Local Provisions Appendix) I employees selected by the Union who have completed their probationary period. A general representative of the Union may be present at any meeting of the Committee. The purpose of the Committee is to deal with complaints or grievances as set out in this Collective Agreement. The Union shall keep the Hospital notified in writing of the names of the members of the Grievance Committee appointed or selected under this Article as well as the effective date of their respective appointments. I A Committee member shall suffer no loss of earnings for time spent during their regular scheduled working hours in attending grievance meetings with the Hospital up to, but not including arbitration. The number of employees on the Grievance Committee shall be determined locally." "For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged violation of the terms agreement including any question as to whether a matter is arbitrable." " At the time formal discipline is imposed or at any stage of this Agreement, or a claim by an employee, employees or Association that the grievance procedure an employee has been discriminated against or treated unfairly or arbitrarily by shall have the Employer by any action taken in right upon request to the exercise presence of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. Step 2" "It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. If Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the grievance is not settled at circumstances giving rise to it have occurred or ought reasonably to have come to the first step attention of the employee and failing settlement within ten nine (109) calendar days, it shall then be reduced taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing and within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendar days following the Sheriffdecision under Step No. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply may submit the written grievance to his Department Head who will deliver his decision in writing. Step 3writing within nine (9) calendar days from the date on which the written grievance was presented to him. If The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine I (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not settled understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the second step meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine calendar days following the date of such meeting." I Union concerning the interpretation, application or alleged violation of I the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and "Where a number of employees have identical grievances and each I employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen calendar days I after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the I applicable provisions of this Article shall then apply with respect to the processing of such grievance." "The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action in dismissing the employee; or reinstating the employee receives a reply with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause." "Failing settlement under the foregoing procedure of any grievance between the parties arising from the Sheriffinterpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. is given, the grievance shall be presented deemed to the Grievance Hearing Committee have been abandoned. Where such a written request is postmarked within sixteen (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (1516) calendar days either party may submit after the matter to decision under Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter No. it will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, to have been received within the Finance, Personnel and Economic Development Committee shall act as time limits." "All agreements reached under the GHC under S.59.26 (8)(b) Wisconsin Statutes Grievance Procedure between the representatives of the Hospital and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member representatives of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall Union will be final and binding on both partiesupon the Hospital and the Union and the employees." "When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. TIME LIMITS: Time Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman." "No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance." "No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure." "The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement." "The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned." "Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, I if any, of the chairman of the Arbitration Board." "The time limits set forth above out in the Grievance and Arbitration Procedures I herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section (6) of The Labour Relations Act." "Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other I "Each employee shall have reasonable access to personnel file for the I purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the Director of Personnel or designate. An employee has the right to request copies of any evaluations in this file." I "Any letter of reprimand, suspension or other sanction will be removed from the record of an employee eighteen (18)months following the receipt of such letter, suspension or other sanction provided that such employee's record has been discipline free for one year." "A new employee will be considered on probation until he has completed forty-five days (45) of work (or hours of work for employees whose regular hours of work are other than the standard work day), within any twelve (12)calendar months. Upon completion of the probationary period he shall be credited with seniority equal to forty-five (45) working days. With the written consent of the Hospital, the probationary employee and the President of the Local Union or designate, such probationary period may be extended extended. Any extensions agreed to will be in writing and will specify the length of the extension. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration." Part-time empIoy s i I ▇▇▇▇▇ casuaI empIo ees wi I accumuIa te seniorit on the basis of one year's seniority for each hours worked in the bargaining unit as of the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring September and will thereafter accumulate seniority in accordance with this Article "An employee shall lose all seniority and service and shall be deemed to have terminated if he: resigns; is discharged and not reinstated through the procedure; is retired; is absent from scheduled work for a period of three (3) or consecutive working days without notifying the Hospital of such absence and providing to the Hospital a satisfactory reason; has been laid off for twenty-four (24) months; if the employee has been laid off and fails to return to work within seven (7 )calendar days after that employee has been notified by mutual agreement the Hospital through registered mail addressed to the last address on the records of the Hospital, subject to any special provisions regarding temporary a vacancies noted under the heading of Layoff and Recall; is absent due to illness or disability for a period of thirty (30) calendar months from the time the disability or illness commenced." "Effective June part-time employees accrue seniority for a period of eighteen (18) months and service for a period of fifteen 5) weeks if absent due to a disability resulting in writingbenefits, on the basis of what the employee's normal regular hours of work would have been." "Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven (7) consecutive calendar a days. Applications for such vacancy shall be made in writing within the seven

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement discharge of the terms of this Agreement, or a claim by an employee, employees or Association that an employee who has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances successfully completed his probationary period must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sherifforiginated under Step No. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or employee being notified of his discharge. The nature of the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issuegrievance, the Financeremedy sought, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner section or member sections of the staff Agreement which are alleged to serve as the arbitrator. The Arbitrator shall make a decision on have been violated must be set out in the grievance which shall be signed by the employee. Notwithstandinganything in this Agreement, a probationary employee may be disciplined or discharged at the sole discretion of and for any reason satisfactory to the Employer. The parties agree that the discipline or dismissal of a probationary employee as noted herein does not constitute a difference between the parties and is therefore not subject to the grievance and arbitration procedures. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union shall be in writing and shall be final and binding upon the Employer and the Union and the employee or employees involved. No Union representative or ▇▇▇▇▇▇▇ may solicit grievances from employees during the course of their normal duties. All monetary grievances that are mutually agreed upon shall be paid within two (2) pay periods of such agreement by separate cheque. The Employer will endeavour to provide written reprimands within fourteen (14) calendar days of the Employer becoming aware of the circumstances, unless more time is needed to investigate, in which case the Union shall be notified and the time extended accordingly. Disciplinary written warnings, and/or disciplinary suspensions placed on both parties. TIME LIMITS: Time limits set forth above may an employeens file after February shall be extended by mutual agreement in writingremoved from the employee’s file four (4) years from the date of the disciplinary letter and/or disciplinary suspension provided the employee has no other disciplinary measures placed on the employeens file during the year period.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter For the purpose ofthis Agreement, a grievance is a dispute, difference of opinion between the parties, and grievances of employees involving or arising out of the meaning, interpretation, application, or enforcement of the terms alleged violation of this Agreement, including the arbitrability of all such matters. In the event of a grievance over the interpretation of this Agreement, the following procedure may be followed: (a) When a grievance arises, the employee may attempt first to settle the matter with their immediate supervisor. If this is unsuccessful, the representative of the Union can be called so that the matter may be settled without loss of time to either party. Either the Union Representative or the employee shall have the option to bring a claim by an employeegrievance to the attention of the Employer, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powerswriting, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working business days of the time that an employee reasonably should have known knowledge of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented facts giving rise to the Sheriffgrievance. If not resolved A response will normally be provided within five (5) working business days, the Sheriff shall furnish the employee a reply in writing. Step 3. (b) If the grievance cannot be resolved on a local level, a representative of the Employer and a representative of the Union can, within seven (7) calendar days, attempt to reach a settlement of the controversy, dispute, or disagreement. (c) In the case of wage discrepancies, the Employer agrees to submit to the Union upon request from the Union all wage data concerning same. The Employer is not settled at required to pay any wage claim or portion thereof retroactively for a period of more than six (6) months immediately prior to the second step date of written notice from the Union, of such claim. (d) Any claimed grievance of any kind to be acted upon or accepted as valid for any reason must be filed in writing with the Employer and the Union within fourteen thirty (1430) calendar days after the employee receives a reply has knowledge of the occurrence giving rise to the grievance. If grievance is valid, employee is entitled to full back pay regardless of when grievance was filed. (e) Any controversy over the interpretation of or the adherence to the terms and provisions of this Agreement, including all claims for wages which cannot be settled by negotiations, shall be submitted to arbitration by either party notifying the other involved in writing from the Sheriff, of its desire to do so. Notification of desire to submit the grievance shall to arbitration must be presented to the Grievance Hearing Committee made within thirty (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (530) calendar days following the expiration exhaustion of the fifteen (15 days aforesaida), or the matter will be deemed waived (b), (c), and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(bd) Wisconsin Statutes and the rules set forth in that Section shall governabove. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving The pilot(s) having a complaint shall, prior to filing a grievance in accordance with the interpretationfollowing procedure, applicationdiscuss such complaint with the Chief Pilot, or enforcement In the absence of the terms Chief Pilot, a discussion must take place with the Vice President of Flight Operations or his designate. The pilot may elect to direct an Association Representative to undertake this Agreementdiscussion on his behalf Grievances under this Section may be initiated by any pilot (or group of pilots) who considers himself aggrieved. The grievance must be filed in writing and should include the nature of the grievance, or a claim by an employeethe section(s) of the Agreement allegedly violated, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily and the remedy sought. Grievances may be initiated by the Employer by Association on behalf of any action taken in the exercise pilot or group of its rights or powers, may become a grievancepilots. Grievances must may be presented initiated by the Association at Step Two subject to mutual agreement between the Company and the Association. One; A pilot who has a grievance (or group of pilots a grievance dealing with the same issue) shall present it in Step 1 writing to the Director of Flight Operations within ten (10thirty calendar days after the pilot(s) working days reasonably would have knowledge of (1) the occurrence of the event causing facts giving rise to the grievance; . It is not intended that this limitation will preclude claims arising out of bookkeeping or (2clerical errors. The Vice President of Flight Operations shall hold a hearing upon the grievance with the and his representative(s) at a mutually convenient time, within ten (10) working calendar days of receipt by the Company of a written notice of the grievance. The Vice President of Flight Operations must render his decision in writing within seven calendar days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the above mentioned hearing. If the grievance decision of the Vice President of Flight Operations is not resolved acceptable, or is not rendered within fifteen (15) such seven calendar days, the grievance may be appealed in writing to the President of the Company within fourteen calendar days either party of receipt of the Vice President of Flight Operations’ decision, or as the case may submit the matter to Step 4 be, within five (5) fourteen calendar days following the expiration of the fifteen (15 days aforesaiddelay within which such decision would have been rendered. The President, or his designate (excluding the matter will be deemed waived Vice President of Flight Operations and finally settledthe Chief Pilot), shall hold a hearing upon the appeal with the and his representative(s) at a mutually convenient time, within ten calendar days of receipt by the Company of a written appeal. In matters where suspension or dismissal without pay or benefits are an issueNotwithstanding the above, the FinancePresident shall not be restricted in his choice of designate when a grievance has been initiated at the Step Two level. He must render his decision in writing within seven calendar days of the hearing. decision of the President, Personnel and Economic Development Committee shall act as or his designate, is not acceptable, or is not rendered within said time limits, the GHC under S.59.26 grievance may be referred to Arbitration in the manner outlined in Section (8)(bArbitration). At any discussion(s) Wisconsin Statutes or hearing(s) held throughout these procedures, the and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above Company shah have the opportunity to adduce evidence, and timely noticed for appeal to Step 4 in writing served on make representations, and call, examine, or cross-examine witnesses, and the opposite party shah have the right to include the Sheriff be represented by the party appealingAssociation and/or any other person whom he (they) may choose or designate. At any discussion(s) or hearing(s) held throughout these procedures, all witnesses and representatives who are employees of the Company shall be granted time subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member requirements of the staff service, and shah be provided with space available transportation to serve as and from such hearing. Throughout these procedures including Arbitration, the arbitratormay, together with his (their) representative(s) review any information contained in his (their) personal or which the Company may introduce at any step of these procedures. The Arbitrator shall make a decision on the Company shah provide two copies of all such documents relating to the case. Decisions not appealed within the time limits prescribed at any stage of the grievance which procedure shall be final and binding on both partiesbiding. TIME LIMITS: Time The parties desire that grievances be handled as promptly as possible and agree to the process and tune limits. the foregoing, all the time limits set forth above in the preceding paragraphs may be extended by mutual agreement in writing.between the Association and the Company. decisions rendered by the Company and appeals made by the Association shall be communicated in writing by registered and/or electronic mail, by courier, or by hand to the parties concerned. In cases, decisions rendered by the Company shah be copied as above to the Association. SECTION

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving The Association shall appoint a Grievance Committee of four (4) members and shall file notice annually with the interpretationCorporation of the names of the employees serving on the Grievance Committee. The Corporation shall also be notified of changes in the personnel of the said Grievance Committee which may take place. Should any complaint or grievance arise relative to the duties, applicationprivileges, working conditions or remuneration, believed contrary to this agreement or the accepted departmental rules and regulations, or enforcement as a result of any disciplinary action involving any the terms concerned may then proceed with the complaint or grievance as provided under Section The Corporation may refuse to consider any grievance, the alleged circumstances of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any which occur more than five (5) working days preceding action taken in Step Two (2) of the exercise Grievance Procedure. A complaint of its rights or powersan employee's shall not be considered a grievance until his immediate superior has been given an opportunity to adjust the complaint. The officer shall reply to the complaint within forty-eight (48) hours. For the purpose of this clause, may become a grievanceimmediate superior officer will be defined as the Platoon Chief. Grievances must If the complaint is not adjusted to the employee's satisfaction in Step One, the grievance should be presented in Step 1 within ten (10) working days of (1) writing to the occurrence Fire Chief who shall meet with the representatives of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, . A written reply shall be made by the Sheriff Corporation within five (5) of the agreement is not reached at Step Two the grievance shall furnish be taken up at a meeting between the employee a Grievance Committee and the Executive Director of Community Services. This meeting shall take place not more than ten working days following Step Two (2) of the Grievance Procedure. A written reply in writing. Step 3shall be made by the Corporation within five (5) working days of the meeting. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance satisfactorily resolved it shall be presented within twenty (20) working days to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected Human Resources. A written reply shall be made by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved Corporation within fifteen (15) calendar ten working days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4meeting. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff time elements referred to serve as in the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above foregoing Grievance Procedure may be extended by mutual agreement in writingbetween the parties. At any stage of the Grievance Procedure, including arbitration, the conferring parties may have the assistance of the employees concerned and any necessary witnesses and all reasonable arrangements shall be made to permit the conferring parties to have access to the Department to view any disputed operation and to confer with the necessary witnesses.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter A grievance is defined as a dispute involving the interpretation, application, interpretation or enforcement application of the terms specific provisions of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances All grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievancereduced to writing. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association The Union ▇▇▇▇▇▇▇, with the employee, shall take up the grievance or dispute with the employee's immediate Supervisor within fourteen (14) calendar days of the date of the incident or the employee's knowledge of its occurrence. The immediate Supervisor shall attempt to adjust the matter and shall respond in writing to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days after meeting with the aggrieved employee. Immediate Supervisor is defined as the individual responsible for work assignments, evaluations, discipline, etc. of aggrieved employee. The grievant must submit the grievance on the official grievance form, as provided by the Union, to include each article and section of the contract that has been violated and the grievant’s statement of resolution. If the Union decides not to represent the grievant at any step, the grievant will still follow the grievance procedure as outlined in the Union Agreement. Step 2. If the grievance employee is not settled at satisfied with the first step written decision of the immediate Supervisor in Step 1, within ten fourteen (1014) calendar days; thereafter, the grievant or his Union Representative shall submit the grievance in writing to the appropriate Department Head or his designee. The Department/Office Director will forward the grievance to the Human Resources Director and the Human Resources Director or designee shall meet with the aggrieved employee and reply in writing within fourteen (14) calendar days, it shall be reduced to writing and presented to after meeting with the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writingaggrieved employee. Step 3. If the grievance is not settled at still unsettled, the second step and grievant or his Union Representative shall, within fourteen (14) calendar days after the reply of the Human Resources Director, submit the grievance to the City Manager or designee. The City Manager or designee shall meet with the employee receives and the Union representative, or with grievant if not being represented by the Union, to discuss a reply solution of the grievance and shall communicate a decision in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee employee and the employee's representative fourteen (GHC14) and notice of such appeal shall be given to calendar days following the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated meeting with the grievant’s department of employment. The GHC shall meet aggrieved employee at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingStep 3. Step 4. If the grievance is not resolved still unsettled the Union may within fifteen fourteen (1514) calendar days either party may submit after the matter City’s decision, by written notice to Step 4 the Human Resources Director, request arbitration. Failure to communicate the decision within five (5) calendar days following the expiration of specified time limit shall permit the fifteen (15 days aforesaidemployee, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issueUnion, to proceed to the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governnext step. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving 23.1 Grievances are defined as disputes between the interpretation, application, Employee (or enforcement Union) and the District to the interpretation or application of the terms specific term(s) of this Agreement, or those disputes over discipline resulting in written reprimands, suspensions, demotions or terminations. Grievances shall be settled according to the following procedure. 23.2 In the grievance procedure, the aggrieved employee shall have the right as guaranteed by RCW 41.56.080 to represent him/herself or to be represented by a claim by Union representative. In addition, the Union has the right, in its own capacity, to act as an aggrieved party in the grievance procedure. In the event the aggrieved party is an individual employee, employees the grievance procedure shall begin with Step 1. In the event the aggrieved party is the Union, the grievance procedure shall begin with Step 2, provided the Union initiates such proceedings by filing a written grievance within twenty (20) calendar days of the knowledge of the alleged grievance. 23.3 Any grievance not brought or Association that an employee has been discriminated against or treated unfairly or arbitrarily appealed by the Employer aggrieved employee (or Union) within the prescribed time limits shall be considered resolved on the basis of the District’s last response. A grievance not responded to by any action taken the District within the prescribed time limits shall permit the grievance to advance to the next step. 23.4 A grievance shall be submitted in writing and shall contain the following information: A. A statement of the grievance and the facts upon which it is based; B. The date or dates of the alleged violation; C. A statement of the specific provision(s) of the collective bargaining agreement alleged to have been violated; D. The manner in which the provision is alleged to have been violated; E. The specific remedy sought; F. The signature of the aggrieved employee. 23.5 A grievance shall be processed in the exercise following manner, except that time limits may be extended or waived by written mutual agreement of its rights or powers, may become a grievanceboth parties. Grievances must be presented in Step 1 STEP ONE The grievant shall present the grievance to the immediate supervisor within ten twenty (1020) working calendar days of (1) knowledge of the occurrence of the event causing giving rise to the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the provided, however, no grievance or else the same shall be barred as a grievance. Step 1. If filed for an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten alleged violation occurring more than ninety (1090) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) calendar days after the employee receives a reply in writing from the Sheriff, alleged occurrence. The grievant shall meet and discuss the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC supervisor who shall meet at a time when the grievant is not scheduled to work respond in writing, affirming or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If denying the grievance is not resolved within fifteen (15) calendar days either party of the meeting with the grievant. STEP TWO If the grievance is not resolved at Step One, the grievant shall submit it, in writing to the Fire Chief of the District or his designee. Within fifteen (15) calendar days of the supervisor’s written response, the Fire Chief shall, upon receipt, date the written form submitted. Within ten (10) calendar days, or on a mutually agreed upon date, following receipt of the written form, the Fire Chief will schedule a meeting to discuss the issue(s). In attendance shall be one person representing the Union, the grievant, the Fire Chief, and person designated by the Fire Chief. Following discussion of the issue(s), the Fire Chief shall direct a written response to the grievant(s). The Fire Chief shall respond in writing within fifteen (15) calendar days from the mutually agreed upon date; provided, however, that if the Fire Chief in unavailable at the time the grievance is submitted to Step Two, the time limit for the Fire Chief’s response shall be extended an additional fifteen (15) calendar days. STEP THREE If the grievance is not resolved at Step Two, the grievant with the consent of the Union may, within twenty-five (25) calendar days from receipt of the response in Step Two, appeal the grievance to the Board of Commissioners by filing written notice with the District Secretary. The Board shall conduct a hearing and transmit its decision to the grievant and the Union within thirty (30) calendar days of the conclusion of the hearing. STEP FOUR If the grievance is not resolved to the satisfaction of the Union at Step Three, the Union may submit the matter to Step 4 within five arbitration. Within twenty (520) calendar days following the expiration of receipt of the Board’s findings, the Union shall notify the Board in writing of its intent to arbitrate the issue. Within fifteen (15 15) calendar days aforesaidof the Union’s request to arbitrate, or a representative of the matter will be deemed waived Union and finally settledof the Employer shall meet and attempt to agree on a neutral arbitrator. In matters where suspension or dismissal without pay or benefits are an issueIf unable to reach agreement, they shall request a list of seven (7) arbitrators from the Public Employment Relations Commission. Upon receipt of the list, the Finance, Personnel and Economic Development Committee two representatives shall act meet within twenty (20) calendar days to alternately strike names until one name remains. This person shall service as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governsole arbitrator. Step 423.6 The arbitrator shall have no power or authority to add to, subtract from or in any manner modify the terms of this Agreement, nor to determine any issue other than that submitted. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 The decision of the arbitrator shall be in writing served on setting forth the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which arbitrators reasoning and shall be final and binding on all parties. 23.7 The arbitrator’s decision shall be made in writing and should be issued to the parties within sixty (60) calendar days after the hearing. 23.8 Expenses and compensation for the arbitrators’ service and the proceedings shall be shared equally between the parties; provided, however, each party shall be solely and completely responsible for all costs of preparing and presenting its own case. If either party desired a record of the proceeding, it shall solely bear the cost of such recording, unless both partiesparties agree to share the record and equally share the cost. 23.9 If an employee is given a directive by a supervisor which the employee believes to be in conflict with any provisions of this Agreement, the employee shall comply with the directive at the time it is given, and thereafter exercise his/her right to grieve the matter. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingThe employee’s compliance with such directive will not prejudice the employee’s complaint with such a grievance, and such compliance will not affect the resolution of the grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving arising directly between the Hospital and the Union concerning the interpretation, application, application or enforcement alleged violation of the terms Agreement shall be originated at No. 3 within fourteen calendar days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Agreement, or Article may not be used with respect to a claim by an employee, employees or Association that an grievance directly affecting employee has been discriminated against or treated unfairly or arbitrarily by which he could have instituted and the Employer by any action taken in the exercise of its rights or powers, may become a grievanceregular grievance procedure shall not be thereby bypassed. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If Where the grievance is not settled at the first step within ten (10) days, a Hospital grievance it shall be reduced filed with the Local Union President or designate. G r i e Where a number of employees have grievances and each one would be entitled to writing and presented grieve separately, they may present a group grievance in signed by each employee who is grieving, to the SheriffDepartment Head or his designate within fourteen calendar days after the circumstances giving rise to the grievance have occurred. If not resolved within five (5) working daysThe grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance. Pursuant to Section subsection of the Labour Relations Act, the Sheriff parties confirm that the release of a probationary employee shall furnish not be the subject of a grievance or arbitration. A claim by employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of grievance is by the employee with the Hospital at Step No. 3 within seven days the date the discharge is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the action in dismissing the employee, or reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or by any other arrangement which may be deemed just and equitable. The Hospital agrees that it will not discharge, without just cause, an employee who has completed his probationary period. The Hospital agrees that it will not discipline an employee without just cause. Failing settlement under the foregoing procedure, any grievance, including a reply in writing. Step 3. If question as to whether the grievance is not settled at the second step and may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fourteen (14) calendar days after the employee receives a reply in writing from the Sheriffdecision under Step No. 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure between the Sheriff. The GHC shall be comprised representatives of the County HR DirectorHospital, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes Union and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall will be final and binding on both partiesupon the Hospital, the Union, and the employee(s). TIME LIMITS: Time When either party requests that any matter be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within seven calendar days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt agree upon a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator has been involved in an attempt negotiate or the grievance. The shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. of the parties hereto will bear the expense of the nominee appointed by it the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The limits set forth above may be extended out in this Article are and failure to comply strictly with such time limits, except by mutual the written agreement of the patties, shall result in writingthe grievance being deemed to have been abandoned.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Section 1. Any matter involving dispute arising during the interpretation, application, or enforcement term hereof shall be treated as a grievance and every reasonable endeavor shall be made to settle such dispute by agreement between the Grievance Committee of the terms Brotherhood and the Director of this Agreementthe Company or their representatives. Within ten (10) working days, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must grievance shall be presented in Step 1 within writing to the employee's immediate supervisor. Section 2. If the employee's immediate supervisor cannot satisfactorily resolve the grievance as stated in Section 1, it shall be referred to the Department Head. Section 3. Within ten (10) working days of (1) the occurrence of the event causing the grievance; or (such submission as stated in Section 2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same , a meeting shall be barred as a grievance. Step 1. If an employee has a grievancearranged between the grievant, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Union ▇▇▇▇▇▇▇, the Supervisor and the Department Head. Step 2Section 4. If the grievance is not settled at the first step within Within ten (10) days, it if the grievance is not satisfactorily resolved by the meeting as stated in Section 3, the grievance may be submitted to the Director of the Company, or the Director's designees. Within five (5) working days of such submission, a meeting shall be reduced to arranged between the Union Grievance Committee and the Director or the Director's designees. The Company shall reply in writing and presented to the Sheriff. If not resolved grievant within five (5) working days, days after the Sheriff shall furnish the employee a reply in writingmeeting. Step 3Section 5. If the response given pursuant to Section 4 above does not satisfactorily adjust a grievance, the grievance is not settled at may be submitted in writing to arbitration within sixty (60) working days of the second step date of the written response pursuant to Section 4 above. Section 6. The party requesting arbitration shall do so by delivering to the other party a notice in writing setting forth its statement of the matter in dispute. If a party requests arbitration and so notifies the other in writing and thereafter either party fails or neglects to name its arbiter within fourteen ten (1410) days after the employee receives a reply in writing from the Sheriffreceipt of such request, the grievance it shall be presented construed that the party failing or neglecting to name its arbiter as aforesaid has waived its right to arbitration of the Grievance Hearing Committee (GHC) particular dispute, and notice in that event the demands of such appeal the other party shall be given conceded unless it so happens that both parties fail or neglect to name arbiters within the Sherifftime provided. Section 7. The GHC Any grievance not presented in accordance with applicable time limits or other requirements in the steps listed above shall be comprised automatically foreclosed and considered settled and shall constitute a denial of the County HR Director, grievance. By mutual agreement the Director parties may extend the time limits in any of Administration and an “at-large” member the steps listed above. Section 8. Arbitration shall be conducted through a Board of Arbitration consisting of one (1) representative selected by the HR Director from a rotating list of five Union, one (51) department headsrepresentative selected by the Company and an impartial Chairman mutually chosen by the parties. The participating “at large” member procedure for Arbitration shall not be affiliated with the grievant’s department of employment. as follows; A. The GHC Union representative and Company representative shall meet at a time when the grievant is not scheduled forthwith to work or when scheduling arrangements can be madechoose an impartial Chairman, allowing the grievant to attend the hearing. If the grievance is not resolved within but no later than fifteen (15) calendar days from the date of the demand of arbitration. If no selection can be made within such fifteen (15) day period, then either party may submit request lists from the matter to Step 4 within five (5) calendar days following American Arbitration Association and selection shall be made in accordance with the expiration rules of the fifteen (15 days aforesaidservice. B. Hearings and post hearing activities shall be conducted in accordance with the voluntary labor arbitration rules of service. C. The decision of a majority of the Board shall be the decision of the Board of Arbitration. The Board shall have no power to change, amend, modify, or otherwise alter the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationprovisions of this Agreement. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member decision of the staff to serve as Board, which shall contain a full written statement of the arbitrator. The Arbitrator shall make a decision on grounds upon which the grievance which issue or issues are decided, shall be final and binding on both the Union and the Company. D. Each party shall bear the expense of preparing and presenting its own case. The compensation and expense of the impartial Chairman and any other expenses of such Board shall be borne equally by the parties. E. At the meeting with the impartial Chairman it will be discussed and agreed to that the impartial Chairman is required to return a decision within sixty (60) days of the hearing. Section 9. TIME LIMITS: Time limits set forth above The Company shall have the right to grieve and arbitrate any dispute which arises concerning the terms and conditions of this Agreement. Section 10. While this agreement is in effect, there shall be no authorized or sanctioned cessation, retarding or stoppage of work because of any dispute which may result from any interpretation of this agreement or for any cause whatsoever. If an employee represented by the Brotherhood and subject to the terms and conditions of this agreement who, without the authority and sanction of the Brotherhood, voluntarily absents themself from work because of any dispute or demand, the employee may be extended by mutual agreement in writingdenied further employment or suspended at the option of the Company.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Unitil Corp)

Grievance. Any matter involving The Employer may institute a grievance alleging a general misinterpretation or violation by the interpretation, application, Union or enforcement any nurse by filing a written grievance with the Secretary of the terms of this AgreementLocal Union, or with a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by copy to the Employer by any action taken in Employment Relations Officer within twenty (20) days after the exercise of its rights or powers, may become a grievancecircumstances have occurred. Grievances must A meeting will be presented in Step 1 held between the parties within ten (10) working days. The Union shall reply within ten days after the meeting, and failing settlement, the matter be referred to Where a difference arises between the parties relating to the interpretation, application or administration of (1) the occurrence this Agreement, including any questions as to whether a matter arbitrable, or where an allegation is made that this Agreement has been violated, either of the event causing parties may, after exhausting the grievance; grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or (2) within ten (10) working days allegation to arbitration, and the notice shall contain the name of the time that first party's appointee to an employee reasonably should have known Arbitration Board. The recipient of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievancenotice shall, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine difference of allegation and shall issue a decision and the decision is final and binding upon the parties upon employee affected by it. The decision of a majority the decision of the Arbitration Board, but there no majority the decision of the Chairman shall govern. No person may be appointed as an arbitrator who has been involved an attempt to negotiate or settle the particular grievance concerned. The Board of Arbitration shall have authority only to settle disputes under the of this Agreement and only to interpret and apply this Agreement to the facts of the involved. The Board of Arbitration may make such decision as it may, in the circumstances, deem just and equitable and may vary or set aside any The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it nor shall have any practices or customs become binding unless reduced to writing by the Association and presented to the SheriffEmployer. If not resolved within five (5) working days, Each of the Sheriff parties shall furnish pay its own expenses including pay for witnesses and the employee a reply in writing. Step 3. If expense of its own nominee and one-half of the grievance is not settled at expenses and fees of the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the SheriffChairman. The GHC parties may, by written agreement, substitute a so Arbitrator for the Board of Arbitration and t Arbitrator shall be comprised of possess the County HR Director, the Director of Administration same powers and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint same limitations as a Commissioner or member Board of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingArbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a A claim by an employee, employees employee or the Association that an employee there has been discriminated against a violation, misinterpretation or treated unfairly or arbitrarily by misapplication of any provision of the Employer by any action taken in the exercise of its rights or powers, Agreement may become be processed as a grievance. Grievances must A grievance shall be presented defined as an alleged violation of the expressed terms and conditions of this contract. The following matters shall not be the basis of any grievance filed under the procedure outlined in Step 1 this Article:  The termination of services of, or failure to re-employ, any probationary employee.  The grievance procedure does not apply to any matters for which the employee or Association has recourse under state or federal statutes.  Employee job performance reviews, lay-off, recall, assignment and placement, will not be subject to the grievance procedure.  The Association shall designate a committee whose spokesperson may assist in handling grievances when requested by the grievant. The Board hereby designates the Superintendent or his/her designee to act as its representative at Level One as hereinafter described.  The term "Days', as used herein shall mean work days for the ESD main office schedule. Written grievances as required herein shall contain the following:  It shall be signed by the grievant or grievants.  It shall contain a synopsis of the facts giving rise to the alleged violation.  It shall cite the section or subsections of this contract that have been violated.  It shall contain the date of the alleged violation.  It shall specify the relief requested. Any written grievance not in accordance within the specified time limitation may be rejected as improper and have no further recognition. Such a rejection shall not extend the limitations hereinafter set forth. If a grievance is rejected for not meeting the specified requirements as stated above, it may be resubmitted one time by being returned to the grievant(s) with notation of impropriety and changes needed to meet requirements. Upon acceptance of the corrected grievance, the following procedure will be followed: LEVEL ONE - An employee alleging a violation of the express provisions of this contract shall within ten (10) working days of (1) its alleged occurrence orally discuss the occurrence grievance with his/her supervisor in an attempt to resolve the same. The employee shall notify the designated representative of the event causing Association of his/her grievance and may request his/her presence at the grievance; or presentation of the grievance at the employee's option. If no resolution is obtained within five (25) days of the discussion, the employee shall reduce the grievance to writing and proceed within ten (10) working days of said discussion to Level Two. LEVEL TWO - A copy of the written grievance shall be filed with the Superintendent or his/her designated agent as specified in Level One, which may contain the endorsement thereon of the approval or disapproval of the Association. Within ten (10) days of receipt of the grievance, the Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated representative, at the option of the grievant, to discuss the grievance. Within ten (10) days of the time that an employee reasonably should have known of discussion, the events causing the grievance Superintendent or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate designated agent shall render his/her decision in writing, transmit a copy of the same to the grievant, the Association secretary, the supervisor, and place a copy of same in a permanent file in his/her office. If no decision is rendered within ten (10) days of the discussion, or the Sheriff either alone or accompanied by decision is unsatisfactory to the grievant and the Association, the Association ▇▇▇▇▇▇▇. Step 2shall within ten (10) days appeal same to the Board of Education by filing such written grievance along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the Agenda for the Board's next regularly scheduled Board meeting. LEVEL THREE - Upon proper application as specified in Level Two, the Board shall allow the employee or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one month from the hearing of the grievance, the Board shall render its decision in writing. LEVEL FOUR - If the grievance is not settled at the first step within ten (10) dayspreceding step, it shall may be reduced submitted to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled binding arbitration at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised election of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved Association if appealed within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, Board's decision. Such appeal shall be made pursuant to the current rules of the American Arbitration Association with a copy submitted to the Superintendent. Any arbitration proceeding initiated or conducted under the matter contract will be deemed waived and finally settledgoverned by the provisions of the Uniform Arbitration Act, MCL 691.1681. In matters where suspension or dismissal without pay or benefits are If the decision by an issuearbitrator is split, the Financearbitrator's fees will be split on a percentage basis to be determined by the arbitrator. If the decision by the arbitrator favors one side only, Personnel and Economic Development Committee then the arbitrator's fees shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be borne by the party appealing, shall be subject to arbitrationagainst whom the arbitration decision is made. The parties Association shall request have the Wisconsin Employment Relations Commission right to appoint decide when and if a Commissioner or member grievance shall proceed to the next step and shall inform the grievant of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingreasons behind that decision.

Appears in 1 contract

Sources: Master Contract

Grievance. Any matter A grievance shall be defined as any difference involving the interpretation, application. or alleged violation of any provision or condition of this Collective Agreement including the question of whether a matter is arbitrable. The shall be defined the Union and Board. Within Article and Article a day" shall be defined a day other than Saturday, Sunday, or enforcement of the terms a holiday recognized under of this Agreement. An employee who has a complaint shall, whenever discuss the complaint with the principal or designated supervisor. Failing resolution of the matter through discussion, the Union may file a claim by an employee, employees or Association that an grievance at Step One. Union shall present the grievance in writing to the appropriate Supervisory Officer within ten working days from the time when the employee has been discriminated against or treated unfairly or arbitrarily by could reasonably be expected be aware of the Employer by any action taken circumstances giving rise to the complaint. The grievance shall include the nature of complaint and the redress sought. The appropriate Supervisory Officer shall hold a with the employee concerned and the Union representatives within five (5) working days after receipt of the complaint. The appropriate Supervisory Officer shall provide a written decision to the Union within further three (3) working days. Failing settlement at Step One,the Union shall submit the matter in writing to the exercise of its rights or powers, may become Education within seven working days of receipt of the decision at Step One. The Director of Education shall provide a grievance. Grievances must be presented in Step 1 written decision within ten (10) working days after the receipt of (1) such notice. Arbitration shall be as provided in the occurrence Labour Relations Act of Ontario as amended from time to time. The notice to submit the grievance to arbitration shall contain the name of the event causing first party's appointee to the grievance; or Arbitration Board. The recipient of the notice shall within ten (10)days inform the other of name of their appointee to the Board. The two (2) appointees so selected shall within ten (10) working days of the time that an employee reasonably should have known appointment of the events causing the grievance or else the same second of them appoint a third person who shall be barred as a grievance. Step 1the Chair. If an employee has a grievance, he/she shall first present the grievance orally and All submissions and replies to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it grievances shall be reduced in writing at all stages. Facilities for Grievances Board agrees to writing supply the necessary facilities for grievance meetings between the to this Supplementary Agreements, if any, shall form of this Agreement and presented are subject to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writingand arbitration procedure. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving arising directly between the Employer and Association interpretation, application, application or enforcement of the terms alleged violation of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievanceAgreement shall be originated at Step No. Grievances must be presented in Step 1 within ten (10) working days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of (1) this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such could have themselves instituted and the occurrence regular grievance procedure shall not be thereby bypassed. A grievance by the Employer shall be presented to the chairperson of the event causing Grievance Committee. If the grievance; or (2) grievance cannot be resolved within ten (10) working days by discussion between the Employer and the Association such grievance may be referred to arbitration. Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may notify the other party in writing, within fifteen (15) days of the time that an employee reasonably should have known decision under Step of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the events causing first appointee to an arbitration board. The recipient of the grievance or else notice shall, within five (5) days, inform the same shall be barred as a grievance. Step 1other of the name of its appointee to the arbitration board. If an employee has a grievanceThe two appointees so selected, he/she shall first present the grievance orally to his/her immediate supervisorshall, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) daysdays of the appointment of the second of them, it appoint a third person who shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3chairperson. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised recipient of the County HR Director, the Director of Administration and notice fails to appoint an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidarbitrator, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issuetwo appointees fail to agree upon a chairperson within the time limits, the Financeappointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes issue a decision, and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both upon the parties, and upon any nurse affected by it. The decision of the majority is the decision of the Arbitration Board, but if there no majority, the decision of the Chairperson shall govern. The Arbitration Board may make such decision as in the circumstances deems just and equitable, including interest payment where appropriate, and may vary or set aside any penalty or discipline imposed, and shall have full jurisdiction to settle all matters relating to or arising out of the Collective Agreement. Each party shall pay its own expenses including appointees and witnesses and the cost of expenses of the chairperson shall be born equally by the parties. TIME LIMITS: No person may be appointed as an arbitrator, who has been involved in an attempt to negotiate or settle a grievance. Time limits set forth above fixed complaints, grievance and arbitration procedures may be extended by the mutual agreement consent of the parties, Wherever Arbitration Board is to in writingthis Agreement, the parties may mutually agree writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall apply accordingly.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving an or an of to the interpretation, application, Such grievances shall only be by without application or enforcement of disputes as to the terms of violation this Agreement, or a claim by an employee, employees or Association that an may up in follow- ing manner not later (15) clays grievance has arisen. An employee has been discriminated against or treated unfairly or arbitrarily shall discuss grievance with his supervisor. meeting shall by the Employer shift ‘The Company will by any action taken within fifteen to (1990) grievance shall be in the exercise of its rights or powers, may become a grievance. Grievances must be presented in at Step 1 Two within ten (10) working days of (1) the occurrence of the event causing the grievance; or two (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall following limits indicated in Step One. This be barred as a grievance. Step 1. If an employee has a grievanceattended by employee, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association his and Chief ▇▇▇▇▇▇▇. . The Company will be by the Superintendent, and two (2) other Company as applicable. within two (2) days the to Step 2Three. If (1990) Mine Manager following the grievance is not settled limits indicated in Two. Any held this stage be attended by the the Committee, an accredited of the Union and Company as the Company may The decision reached by the Company at Three shall be given in and the first step Union shall advise the Company, in its accep- tance rejection of such Failing Company within (5) days, days must the By submission to Arbitration, as pet be within ten (10) days, it shall has been dealt in A by Company or Union the application or violation the provisions this may be reduced to writing and presented submitted to the Sheriffin writing Step Three, instead following No or ernploycc his work for any of purposes mentioned without this mission not action is to in foregoing or Any all by Articles any by agreement of and Union. If not resolved A copy of of issued Disciplinary warnings shall from (12) months has without any new resulting disciplinary action. case of disciplinary record shall said When party to a grievance to Four, other party shall he so in writing. an arbitrator within five (5) working days. two (2) if, within the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of next five (5) department heads. The participating “at large” member shall not be affiliated with days, they io of the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingArbitration Board. If the grievance is third arbitrator be not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five chosen with a further (5) calendar days following day then Minister of Labour for Province of Ontario shall requested to appoint an impartial No person shall be appointed as an arbitrator who has involved previously in an attempt negotiate to settle the expiration Each party shall pay the remuneration and if any, of the fifteen (15 days aforesaid, or the matter will be deemed waived arbitrator appointed by party and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee Chairman shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes borne by Company and the rules set forth in that Section Union. fees allowances shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff paid by the party appealingcalling the the provisions of Clause and the and the Union may by mutual agreement, substitute a arbitrator for an Arbitration Board. In event wards “Arbitration Board” in this article be to read arbitrator. and of the arbitrator shall be subject to arbitrationbe by the Company Union. Witness fees and shall by the calling The proceedings and the decisions of the Arbitra- tion Board shall be expedited by the Company and Union. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator majority of such Board shall make a decision on the grievance which shall be final and binding on both partiesupon the but the be authorized to make, nor shall decision or recommendation provisions of this alter, modify, or ‘any part of this Agreement, nor make any changes such in wage nor deal with any matter not by this Agreement. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.any

Appears in 1 contract

Sources: Collective Agreement

Grievance. Complaints and grievances shall be adjusted as quickly as possible. For purposes of this Article days” exclude Saturdays, Sundays and recognized holidays. An employee who has a complaint or grievance shall present it to his supervisor within seven (7) working days of the date the employee was aware or reasonably could have been aware of the occurrence. The must the employee his decision within two (2) working days of receiving the employee’s complaint or grievance. The departmental Shop ▇▇▇▇▇▇▇ may accompany the employee when presenting his complaint or grievance. If the supervisor‘sanswer given the employee in clause was unsatisfactory, the grievance will be taken up in the following sequence and manner. Forms for this use are to be supplied by the Union and approved by the Company. Step The written grievance, signed by the grieving employee and by the ▇▇▇▇▇▇▇ of the department involved, will be presented to the supervisor of the department within four (4) working days of the supervisor’s decision in clause The supervisor will give written decision to the departmental Shop ▇▇▇▇▇▇▇ within four (4) working days of receiving the written grievance. The grievance will be considered settled unless Step is taken within four (4) working days following the written decision given by the supervisor in Step Step The written grievance will be submitted by the Grievance Committee to the Manager to whom the Supervisor reports to. The Manager or his representative will give his written decision to the Grievance Committee within four (4) full working days of receiving the written grievance. The grievance will be considered settled unless Step is taken within four (4) full working days following the written decision given by the Manager or his representative in Step The written grievance, including copies of the submissions and decisions made under the preceding steps, will be submitted to the President. The President will give his written decision to the Grievance Committee within five (5) fill working days of receiving the written grievance. If the President is not available, the parties may mutually agree to extend the normal five (5) day time period or accept the President’s nominee. The grievance will be considered settled unless timely request for Arbitration, as provided in Article of the Agreement is made following the written decision of the President or his nominee in Step Any matter involving difference or grievance arising directly between the interpretationCompany and Union may be submitted in writing by either party at Step When a group of employees from more than one department has a or grievance, applicationit shall be first taken up under Step Any adjustment arising out of the settlement of an employee’s grievance, or enforcement the grievance of a group of employees, under the grievance or arbitration procedure shall not be made retroactive prior to the beginning of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily pay period immediately proceeding the date on which it was first presented thereunder in writing by the Employer employee or the group of employees concerned. The above restriction on retroactivity will not apply to payroll grievances. The Union acknowledges that probationary employees may be dismissed by any action taken in the exercise Company, and that such dismissal shall not be the subject of its rights or powers, may become a grievance. Grievances must Failing a settlement under the Grievance Procedure, the matter in dispute may be presented taken to arbitration, provided that if no written request is received within fourteen (14) calendar days after the final decision is given under the grievance procedure it shall be deemed to have been finally, completely, and satisfactorily settled. For purposes of this Article “working days” exclude Saturdays, Sundays and Company recognized holidays. When either party requests arbitration as herein above provided, it shall make such request in Step 1 writing addressed to the other party to this Agreement and, at the same time, nominate an arbitrator. The notice shall state the matter at issue and shall state in what respect the Agreement has been violated or misinterpreted by reference to the specific clause or clauses relied upon. The notice shall also state the nature of the relief or remedy sought. The Party so notified shall appoint their arbitrator within ten (10) working days of (1) the occurrence of the event causing the grievance; or such notice. The two (2) arbitrators so nominated shall meet within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved if within five (5) working daysdays they fail to settle the grievance, the Sheriff they shall furnish the employee attempt to select by agreement a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee third person who shall act as impartial chairman of the GHC under S.59.26 Arbitration. If they are unable to agree on the choice of such a chairman within seven (8)(b7) Wisconsin Statutes calendar days, then the Minister of Labour for the Province of Ontario shall be asked to name a chairman of the Arbitration Board. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all previous required steps of the grievance procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto, and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint decision of a Commissioner or member majority of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which such board shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.upon the Company, Union and employees

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving It is understood that the interpretation, application, or enforcement Hospital may bring forward at any meeting held with the Union any complaint with respect to the conduct of the terms Union, its Officers or Stewards, and that if such complaint by the Hospital is not settled to the mutual satisfaction of this Agreementthe conferring parties, or it may be treated as a grievance and to Arbitration in the same way as the grievance of any employee. A claim by an employee, employees or Association employee who has completed the required probationary period that an employee he has been discriminated against unjustly discharged shall be treated as a grievance if a written statement of such griev- ance is lodged with the Director of Personnel within five (5) days after the employee is notified of his discharge or treated unfairly or arbitrarily by within three ( 3 ) days after the Employer by any action taken in employee ceases to work for the exercise of Hospital, whichever is the earlier. The Hospital shall give its rights or powers, may become a grievance. Grievances must be presented in Step 1 reply to the grievance within ten seven (107) working days of (1or such longer period as may be mutually agreed upon) the occurrence of the event causing date on which the employee files the grievance; . Such special grievance may be settled by confirming the Hospital's action in dismissing the employee, by re-instating the employee with or (2) within without compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or a Board of Arbitration. Such com- pensation, however, shall not exceed the amount which the employee would normally have earned, based on his schedule during the period of discharge, calculated on straight time hourly rate of pay. Both parties to this Collective Agreement agree that any dispute or grievance, as defined in Article which has been properly carried through all the steps of the grievance proce- dure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration at the request in writing of either of the parties hereto. The Board of Arbitration will be composed of one person appointed by the Hospital, one person appointed by the Union and a third person to act as Chairman chosen by the two appointees to the Board, or the parties may agree to a single Arbitrator. Within ten (10) working days of the time that an employee reasonably should have known request by either party for a Board, each party shall notify the other of the events causing name of its appointee. Should the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied person chosen by the Association ▇▇▇▇▇▇▇. Step 2. If Hospital to act on the grievance is not settled at Board and the first step within ten (10) days, it shall be reduced person chosen by the Union fail to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee agree on a reply in writing. Step 3. If the grievance is not settled at the second step and third person within fourteen (14) working days after of the employee receives a reply notifica- tion mentioned in writing from the Sheriffabove, the grievance Ontario Labour Relations Board will be asked to nominate an impartial Chairman who shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall a person other than a civil servant. Such request be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff made by the party appealing, shall be subject wishing to arbitrationfurther process the grievance. The parties shall request decision of a Board of Arbitration, or a majority thereof, constituted in the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which above manner shall be final and binding on both parties. TIME LIMITS: Time limits set forth above The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of their appointee and of their own witnesses, and the parties will jointly and equally bear the expenses, if any, of the Chairman. No person shall be selected as arbitrator who has been directly involved in attempts to negotiate or settle the griev- ance. Where both parties agree, a single arbitrator may be extended by mutual agreement sub- stituted for an Arbitration Board. In such the parties shall endeavour to agree on the selection of an arbitrator and the event that they fail to do so, the Ontario Labour Rela- tions Board will be asked to nominate an arbitrator, in writingaccor- dance with the provision of Article above.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter grievance involving the interpretation, application, or enforcement a question of the terms meaning or alleged violation of this Agreement, Agreement shall be dealt with as follows: Step No. 1 -Any grievance lodged by an employee or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily Shop Committee will be in on the grievance form which the parties have agreed to use the purpose. a copy of which is attached hereto as Sched- ule The original and two copies the grievance. which must be signed by the Employer by any action taken in or the exercise Shop will be submitted to the Operations Supervisor other designated representative of its rights or powers, may become a grievance. Grievances must be presented in Step 1 the Company within ten (10) working days of (1) the occurrence of the event causing which is alleged to have given rise to the grievance; . The employ- ee will furnish the Shop Committee with a copy of his grievance. The Operations Supervisor or (2) designated rep- resentative will render his decision in writing together with his reason or reasons therefore within ten (10) working five days following his receipt of the time that an employee reasonably should have known grievance and concurrently he will send the original and two copies of the events causing griev- ance to the grievance or else the same shall be barred as Shop Committee. Step No. 2 If a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance satisfactory settlement is not settled reached at Step No. within the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffprovided, the grievance shall may, within the ensuing five days be presented referred by the or Shop Committee to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given Super- intendent, who, within a further five days will render a written decision to the Sheriff. The GHC shall be comprised Shop Committee and concur- rently send the original and two copies of the County HR Directorgriev- ance to the Local Chairperson. Settlement at Step No. 2 is not final unless the consent of the is obtained. Step No. 3 If a satisfactory settlement is not reached at Step No. 2 within the five days provided, the Director of Administration and an “at-large” member selected mat- ter may be referred within the ensuing ten days for discussion by the HR Director from a rotating list appropriate representatives of five (5) department headsthe Company and the Union. The participating “at large” member shall Should the grievance not be affiliated with settled within ten days following such discussion, the grievant’s department matter may be referred to arbitration by a Board of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days Arbitration as provided in Article 5 hereof by either party may submit giving the matter to Step 4 other written notice within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settleda further ten days. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.ARTICLE UNION REPRESENTATION

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a A claim by an employee, employees or Association that an employee has probationary has been discriminated against or discharged without cause shall be treated unfairly or arbitrarily as a special grievance if a of such grievance by employee is the Executive Director within seven (7) calendar clays (eight (8) calendar clays in the case of part-time and substitute employees) of discharge. Such special grievance shall be at Step of the grievance procedure. The Employer terminate the of a probationary employee for any reason. Such special grievance may settled by the Employer parties by confirming the Employer's action or by reinstating the employee, with or without compensation for time lost; or by any action taken other arrangement which is just and equitable in the exercise opinion of its rights or powers, may become a grievanceparties. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should been on Employer's premises, shall have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally right to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association interview ▇▇▇▇▇▇▇. Step 2. If ▇ for to to pro minutes before leaving premises, subject visions of Article ARTICLE POLICY GRIEVANCE policy grievance may be filed by the Union or the grievance is as one involves a difference arising between the Union and the Employer concerning the interpretation or violation of a provision of this Agreement does not settled at the first step within ten (10) days, it assertion of an employee's rights. provisions of this Article shall not be with respect to a grievance directly affecting an individual employee which such could institute. A policy grievance shall be reduced at Step of the grievance procedure not later than (14) calendar days following the date on the or the Union became aware or should become of alleged circumstances giving to grievance. If filed by the Employer. policy grievance shall be delivered in writing and presented to Chairperson of the Grievance Committee. If filed by the Union. the policy shall be delivered in writing to the SheriffExecutive Director. If not resolved within five (5) working days, settled the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and parties within fourteen (14) calendar days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised delivery of the County HR Directorpolicy grievance, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not it thereafter be affiliated to arbitration in accordance with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governarbitration herein prescribed. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving A grievance shall be a difference of interpretation of this Agreement or an alleged violation concerning the interpretationmeaning, application, application or enforcement of the terms administration of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by . Every grievance shall be subject to the Employer by any action taken grievance and arbitration procedures set out in the exercise of its rights or powers, may become a grievance. Grievances must be presented in this Article. Step 1 When a Nurse has a grievance they may, within ten seven (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (107) working days of the time that an employee reasonably should have known discovery or occurrence of the events causing incident giving rise to the grievance, first discuss the grievance or else with the same Director of Nursing who shall be barred as a grievanceprovide them with an answer within seven (7) working days. Step 1. If an employee has a grievance, he/she shall first present 2 Should the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied verbal answer given by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is Director of Nursing or designate not settled at the first step within ten (10) days, it shall be reduced to writing and presented acceptable to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffgrievor, the grievance shall be presented submitted in writing to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected Nursing or designate within seven (7) working days. The Director of Nursing or designate shall give a decision in writing within seven (7) working days of receipt of the grievance. Step 3 If the decision of the Director of Nursing or designate is not acceptable to the grievor, the grievance shall be referred to the Union; and, if supported by the HR Director from a rotating list Union, shall be referred to the Administrator or designate within seven (7) working days of five (5) department headsthe receipt of the grievance. The participating “at large” member Administrator or designate shall not be affiliated convene a meeting as soon as reasonably possible with the grievant’s department of employmentUnion if requested to do so by either party. The GHC Administrator or designate shall meet at reply in writing within seven (7) working days of such a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingmeeting. If the grievance decision of the Administrator or designate is not resolved acceptable to the Union, the Union shall notify the Administrator or designate in writing within fifteen (15) calendar working days either party may submit that the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter grievance will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governproceeding to arbitration. Step 4. Any grievance not settled in Step 3 above 14.01 For the purpose of Article 14, “working day” excludes Saturday, Sunday and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingHolidays.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement 6.01 The Parties to this Agreement a re agreed that it Is of the terms of this Agreement, or a claim by an employee, employees or Association utmost importance to adjust complaints and grievances as quickly as possible. 8.02 It is understood that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that no grievance until he has first given his immediate supervisor an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1opportunity to adjust his complaint. If an employee has a grievancecomplaint, he/she shall first present he shall, with the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association assistance of a ▇▇▇▇▇▇▇. Step 2▇ if desired, discuss it with his Supervisor. If In order to be considered a g rievance, such discussion must take place within three (3) working days from the time the aggrieved employee should reasonably have known of the Incident giving rise to the grievance is not settled at the first step within ten (10) days, it . The Supervisor or his designate shall be reduced to writing and presented communicate his reply to the Sheriff. If not resolved complaint within five (5) working days or for such longer period as mutually agreed. No grievance shall be considered: a) which usurps the function of the Management , as set out in this Agreement, or; b) where the circumstances giving rise to it occurred or originated more than three (3) full working days, the Sheriff shall furnish of the employee a reply in writingconcerned, before the fili ng of the grievance. Step 3. 8.03 If the grievance such a complaint is not settled at to the second step satisfaction of the Union , the complainant may file a written grievance in the following manner and within fourteen (14) days after sequence: STEP NO. 1 - The Union may present the employee receives a reply grievance in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the SheriffDepartment Manager or designate. The GHC shall be comprised of the County HR DirectorAfter a hearing, the Director of Administration and an “at-large” member selected by the HR Director from if a rotating list of satisfactory settlement is not reached within five (5) department headsdays (or longer period which may be mutually agreed upon) the next step In the grievance procedure may be taken at any time within seven (7) days thereafter. STEP NO. 2 - The participating “at large” member Union may submit the grievance to the Director of Homes, Social and Property Services or designate, who shall not be affiliated with the grievant’s department of employment. The GHC shall meet consider It at a meeting convened for that purpose, and render a decision in writing. Should no satisfactory settlement be reached within seven (7) days, the next step in the grievance may be taken at any time when within ten (1O) days thereafter. STEP NO. 3 - The Union may submit the grievant grievance to the Senior Manager of Human Resources or designate. A meeting will be convened to hear the grievance. 8.04 If a final settlement of the grievances under Article 8.03 hereof is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved completed within fifteen (15) calendar working days after deliberations have commenced and if the grievance is one which concerns the Interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter Is arbitrable, the grievance may be referred by either party may submit to a Board of Arbitration as provided in Article 9 below at any time within fifteen (15) days thereafter but not later. 8.05 Where a dispute involving a question of general application or interpretation of this Agreement occurs, or where a group of employees, the matter to Step 4 within five (5) calendar days following the expiration Union or Employer has a grievance, Steps 1 and 2 of the fifteen (15 days aforesaid, or the matter will Article may be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governbypassed. Step 4. 8.06 Any time limits referred to In the grievance not settled in Step 3 above and timely noticed for appeal arbitration procedures within which any procedure is required to Step 4 in writing served on the opposite party be taken or notice required to include the Sheriff by the party appealing, be given shall be subject calculated exclusive of Saturdays, Sundays or Statutory Holidays and for the aggrieved employee, his or her time off provided that the notice of such grievance has not come to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner his attention during his or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final her time off, and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingof the parties. 8.07 Decisions arrived at between the Employer and the Union on the disposition of any specific employee, Union or Employer grievance, shall be final and binding upon the Employer, the Union and the employee or employees concerned.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving grievance initiated by Management will be referred in writing to the interpretation, application, or enforcement Union Staff Representative within thirty (30) calendar days of the terms occurrence of this Agreementthe circumstances giving rise to the grievance, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by and the Employer by any action taken in Union Executive shall meet within ten (10) working days thereafter with Management to consider the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 If final settlement of the grievance is not completed within ten (10) working days of (1) such meeting, either party may refer the occurrence grievance, to a Board of Arbitration as provided in Article Management will first attempt to resolve the matter in accordance with the process outlined in At the request of either party the following mediation process will be used before any grievance is referred to arbitration. The intent of this process is to provide a neutral party who will attempt to resolve the grievance in a timely manner, to the satisfaction of both parties. The parties will establish a list of three persons who will be asked to act, on a rotating basis, as a grievance mediator. The parties shall equally share the fees of the event causing mediator. The mediation session will be attended by a maximum of four (4) representatives from the Union (including the and a maximum of four (4) from Regional Management. The persons attending should be familiar with the content of the grievance and have the authority to enact a resolution. Once written notice is given, to mediate a grievance the session shall commence within calendar days. If the appointed mediator is unavailable within days of the appointment then the appointment will be given to the next mediator in turn. In addition, should of the applicable parties be unavailable within this 60-day period then they shall appoint a substitute to attend. Provided the parties agree there shall be no limit to the number of grievances submitted for mediation at a single session. There shall be no use of legal counsel or witnesses for this mediation process. Any evidence which either party wishes to submit will be given to the other party at least three (3) calendar days prior to the mediation session. Any concessions, discussions or offers to settle the grievance; , which occur during the mediation process, will not prejudice either party at arbitration should the matter not be resolved. The mediation session will normally be conducted at the workplace. This may be altered at the consent of both parties. Should the mediation process occur during an employee’s scheduled hours of work they will be paid their normal rate of pay. Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at the end of the mediation session may be submitted to arbitration or (2) within withdrawn. Both parties to this Agreement agree that any alleged misinterpretation or violation of the provisions of this Agreement, including any grievance which has been properly carried through all of the steps of the grievance procedure outlined in Article and which has not been settled, may be referred to either mediation as outlined in Article or to a Board of Arbitration as provided by the Ontario Labour Relations Act, at the request of either of the parties hereto, provided that such request must be received not later than ten (10) working days after a decision has been rendered. Each of the time that an employee reasonably should have known parties hereto will bear the expense of the events causing nominee appointed to represent it and the parties will jointly, in equal shares, bear the expense, if any, of the Chairman of the Arbitration Board and any other costs arising out of the arbitration proceedings. No person may be appointed as an arbitrator, who has been involved in any attempt to negotiate or settle the grievance. At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the Employer or else the same Nurse concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to have all the necessary information. The Arbitration Board shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present not have any authority to alter or change any of the grievance orally provisions of this Agreement or to his/her immediate supervisorsubstitute any new provision in lieu thereof, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented give any decision contrary to the Sheriff. If not resolved within five (5) working daysexpress intent or terms and conditions of this Agreement or in any way modify, the Sheriff shall furnish the employee a reply in writingadd to or detract from any provision of this Agreement. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving Where a number of employees have similar grievances and each employee would be entitled to grieve separately, they may present a group grievance identifying each employee who is grieving to the interpretation, applicationdepartment Head or designate within seven (7) days after the circumstances giving rise to the grievance had occurred, or enforcement ought reasonably to have come to the attention of the terms employees. The grievance shall then be treated as being initiated at Step Number two (2) and the applicable provisions of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by Article shall then apply with respect to the Employer by any action taken in the exercise processing of its rights or powers, may become a such grievance. Grievances must be presented in Step 1 notice shall, within ten days thereafter designate its nominee to the Board of Arbitration. The two so nominated shall endeavour, within ten (10) working days of (1) after the occurrence appointment of the event causing second of them, to agree upon a third person to act as Chairman of the grievance; or (2) Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) working days after the appointment of the time that an employee reasonably should have known second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the events causing the grievance or else the same Board of Arbitration. The said two (2) nominees first appointed shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present at liberty prior to the grievance orally to his/her immediate supervisorexpiration of ten (10) days from the date of the appointment of the second of them, or prior to the Sheriff either alone or accompanied by appointment of the Association ▇▇▇▇▇▇▇. Step 2. If Chairman within the grievance is not settled at the first step within said period of ten (10) days, it to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be reduced arbitrable. The Board of Arbitration shall have no power to writing and presented alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the Sheriffmajority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If All agreements reached under the grievance is not settled at and Arbitration procedures between the second step Employer and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes its representatives and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above Union and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall its representatives will be final and binding on both partiesupon the Employer the Union and the employee involved. TIME LIMITS: Time limits set forth above Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. At any stage of the grievance procedure, including Arbi- tration, the parties may have the assistance of the employee (or employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the nursing home to view any working conditions which may be extended by mutual agreement in writingrelevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the nursing home.

Appears in 1 contract

Sources: Collective Agreement

Grievance. It is the mutual desire of the parties that employee complaints be adjusted as quickly as possible. An employee, or the employee’s representative, who a complaint may request a meeting with their may be accompanied by a union representative. In the event the complaint concerns a posting, the complaint shall be discussed with the Supervisor the hiring decision. the complaint is not resolved, the area ▇▇▇▇▇▇▇ may present a grievance, in writing, to the immediate supervisor no later than working days from the date of the incident giving rise to the grievance. A copy of the grievance will be sent to Human Resources. The written grievance, signed by the aggrieved employee and/or the union representative, must contain the nature of grievance, the remedy sought and the section or sections Agreement which are alleged to have been violated. The parties agree that the carriage of the grievance remains with the Union. A meeting will be held within fifteen (15) working days from the date of receipt of the grievance. The meeting ▇▇▇▇ include the appropriate management and union representatives. A decision shall be delivered, in writing, to the Chairperson of the Grievance Committee, within five (5) working days from the date on which the meeting was held. The Region may, at its discretion refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter,' the alleged circumstances of which occurred more than ten (10) working days prior to the filing of the grievance in writing. Any matter difference arising directly the Region and the Union involving the interpretation, application or alleged violation of this Agreement, may be submitted in writing as a grievance by either party, to either the Director, Relations, or the Grievance Chairperson, and dealt with as a grievance as outlined in Article Any grievance by the Region or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calender days of the of occurrence. No grievance shall be in writing, which an employee or a group of employees could normally process as an individual employee grievance, or a grievance of a group of employees. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application, or enforcement of the terms alleged violation of this Agreement, or a claim by an employeeincluding any question as to whether the matter is arbitrable, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily such grievance may be submitted to arbitration as set forth the arbitration provisions of this Collective Agreement. If no written request for arbitration is received by the Employer by any action taken in the exercise of its rights Director, or powers, may become a grievance. Grievances must be presented in Step designate within fifteen (1 within ten (105) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance decision is not settled at the first step within ten (10) daysgiven, it shall be reduced deemed to writing have been settled and presented not eligible for arbitration. The parties, upon mutual consent, can request the services of a grievance mediator and/or the Assistant and the National Representative, in attempting to resolve the Sheriff. If not resolved within five (5) working daysgrievance prior to arbitration, the Sheriff It is agreed that grievances and replies to grievances shall furnish the employee a reply be in writing. Step 3. If A grievance that has been by the Union during the grievance is procedure cannot settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected subsequently processed by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request agreements reached under the Wisconsin Employment Relations Commission to appoint a Commissioner or member grievance procedure between the representatives of the staff to serve as Region and the arbitrator. The Arbitrator shall make a decision on of the grievance which shall Union will be final and binding on upon the Region and Union and the grieving No affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment pay caused by clerical errors in computation. Working day as used in this Article and the discharge article of this Collective Agreement shall mean a day other than Saturday, Sunday or a specified paid holiday. The time limits fixed in both parties. TIME LIMITS: Time limits set forth above the grievance and the arbitration procedures, may be extended only by mutual agreement consent in writingwriting of the parties to this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken An ▇▇▇▇▇▇▇ effort shall be made to settle grievances fairly and promptly in the exercise of its rights or powersfollowing manner: The aggrieved employee shall, may become a grievance. Grievances must be presented in Step 1 within ten five (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (105) working days of the time that an employee reasonably should have known occurrence or discovery of the events causing incident giving rise to the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a alleged grievance, he/she shall first present the submit a grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association a Shop ▇▇▇▇▇▇▇. Step 2. If the Shop ▇▇▇▇▇▇▇ considers the grievance to be justified. the employee concerned, together with the Shop ▇▇▇▇▇▇▇, or the ▇▇▇▇▇▇▇ alone if the employee wishes, may, within five (5) days following receipt of the grievance by the Shop ▇▇▇▇▇▇▇, submit the grievance in writing to the employee's non-bargaining unit supervisor. If the employee fails to receive a satisfactory answer to the grievance within five days after the filing of the grievance at Step the employee may, within a further five (5) days submit the grievance in writing to the President or designate who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. The Union shall appoint its two (2) representatives to the committee and advise the Employer at the time when the grievance is not settled at submitted to the first step President or designate. The Employer shall appoint two (2) representatives and notify the Union within ten days of the names of the Employer representatives on the Grievance Committee. One of the Employer's representatives shall chair the The committee shall be entitled to interview such persons as deems necessary for the investigation of the grievance and shall give its decision in writing to the within ten (10) daysdays of receipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the matter is not mutually resolved by the committee, it shall be reduced to writing and presented then the Employer's representatives will send their position, along with a brief summary of the committee's deliberations, to the Sheriffunion, with a copy being sent to the Either party may, within ten (10) days of receipt of the decision at Step advise the other party of its desire to have the dispute mediated. If not resolved The other party shall signify its agreement with the request to mediate within five (5) working days, days of receipt of the Sheriff request. Mediation shall furnish only be utilized upon mutual agreement of the employee a reply parties. Discussions at mediation shall be without prejudice and cannot be referenced at arbitration. The mediation must be concluded within twenty (20) days of the agreement to mediate the dispute. It is understood that mediation is non-precedent setting. Failing satisfactory settlement at Step or Step Union by giving notice in writing. writing within ten (10) days of of the decision at Step 3. If or Step declare its intention to refer the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint employee, if so desires, may be represented by a Commissioner or member full time of the staff to serve as Union at any Step of the arbitratorGrievance Procedure. The Arbitrator shall make may be present during all Steps of the Grievance Procedure. With the exception of Step I, to. grievances at all other Steps of the Grievance Procedure will be in writing and dated receipts of grievances will be given. The settlement of a decision on the grievance which without reference to arbitration shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingapplied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, unless the settlement states otherwise.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving Where the interpretationBoard or the Bargaining Unit alleges that its rights as a party to the Collective Agreement have been directly violated, applicationas opposed to the rights of an individual teacher, or enforcement a policy grievance may be initiated at Step The Board shall initiate policy grievances by writing to the President of the terms Bargaining Unit and the Bargaining Unit shall initiate policy grievances by writing to the Superintendent of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 Relations within ten (10) working regular school days of (1) the occurrence incident or circumstances giving rise to the grievance. Such written policy grievance must contain particulars of the event causing incident giving rise to the grievance; or , the of the Collective Agreement alleged to have been violated, the date of the alleged violation and the remedy requested. The parties shall arrange, within five (25) regular school days following receipt of the grievance, a meeting to take place as soon as practical at a mutually convenient time, and written reply shall be provided by the party who has received the grievance within ten (10) working school days of the time that an employee reasonably should have known meeting. Should the be unresolvedfollowinn receipt of the events causing answer at Step or should such answer given within the required Bargaining Unit Board may submit the grievance or else the same shall to arbitration. The referral to arbitration must be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied in writing and received by the Association ▇▇▇▇▇▇▇. other party no later than ten regular school days after the expiry of the Step 2time limit. If When either party requests that a grievance be submitted to a single arbitrator, the grievance is not settled at written referral to arbitration shall include the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriffnames of three arbitrators. If not resolved within Within five (5) working daysregular school days following receipt of the referral, the Sheriff other party shall furnish the employee a reply respond in writing. Step 3, agreeing to one of the named arbitrators, or with a list of three alternative suggestions. If the grievance responding party does not agree to one of the three, the parties may exchange further names until agreement is reached, or at any time after the initial exchange of lists, if agreement is not settled at reached, either party may refer the second step and within fourteen (14) days after matter to the employee receives Minister of Labour for appointment of an arbitrator whose name has not appeared in the exchanges between the parties under this provision. In any particular grievance, either party may indicate its preference for a reply in writing from the SheriffBoard of Arbitration, rather than a single arbitrator In that event, the grievance referral to arbitration shall be presented contain the name of the party's nominee to the Grievance Hearing Committee (GHC) and notice Board of Arbitration. Within ten days of such appeal notification, the responding party shall be given advise the other party of its nominee to the SheriffBoard of Arbitration. The GHC shall be comprised of the County HR Directortwo nominees shall, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days of the appointment of the second of them or at some time mutually agreed upon, appoint a third person who shall be the Chairperson. If the nominees are unable to agree upon a Chairperson, the appointment will be made by the Ontario Ministry of Labour upon the request of either party may submit the matter An arbitrator will attempt to Step 4 render a decision, where feasible, within five thirty (530) calendar days following the expiration of the fifteen (15 days aforesaidcompletion of the hearing. An arbitrator shall not be authorized to alter, modify, amend or add to this Agreement in any way, or the matter will be deemed waived and finally settledto reach a decision inconsistent with its term or any of its provisions. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall No person may act as an arbitrator if that person has been involved in any attempt to negotiate or settle the GHC under S.59.26 grievance. The provisions of and (8)(be) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal above, related to Step 4 in writing served on the opposite party to include the Sheriff by the party appealinga single arbitrator, shall be subject similarly apply to arbitrationan Arbitration Board. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member decision of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which arbitrator shall be final and binding on both upon the parties to this Agreement. Where a grievance is heard by an Arbitration Board rather than by a single arbitrator, should there not be a unanimous decision, the decision of the majority shall govern; and if there is no majority, the Chairperson's decision shall govern. Each of the parties. TIME LIMITS: Time limits set forth above may , being the Board and the Bargaining Unit, shall be extended responsible for the fees and expenses of the arbitrator If a grievance is heard by mutual agreement in writingan Arbitration Board rather than by a single arbitrator, each of the parties, being the Board and the Bargaining Unit shall be responsible for the fees and expenses of its own nominee, and the parties shall share equally the fees and expenses of the Chairperson.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretationWhere a number of nurses have similar grievances they may present a group grievance in writing, applicationsigned by each grieving nurse, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and Executive Director within fourteen (14) days after the employee receives a reply in writing from the Sheriff, circumstances giving rise to the grievance have occurred or ought reasonably to have come to the A grievance arising directly between the Employer and Association concerning the interpretation, application or alleged violation of this Agreement shall be originated at Step No. within ten (10) days following the circumstances giving rise to the grievance. It expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such could have themselves instituted and the regular grievance procedure shall not be thereby bypassed. A grievance by the Employer shall be presented to the chairperson of the Grievance Hearing Committee (GHC) and notice of such appeal shall be given Committee. Where a difference arises between the parties relating to the Sheriff. The GHC shall be comprised interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the County HR Directorparties may notify the other party in writing, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may of the decision under Step No. of its desire to submit the matter difference or allegation to Step 4 Arbitration, and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) calendar days following days, inform the expiration other party of the fifteen name of its appointee to the Arbitration Board. The two appointees so selected, shall, within ten (15 10) days aforesaidof the appointment of the second of them, appoint a third person who shall be the chairperson. If the recipient of the notice fails to appoint an arbitrator, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issuetwo appointees fail to agree upon a chairperson within the time limits, the Financeappointment shall be made by the Minister of Labour of Ontario upon request of either party. The Arbitration Board shall hear and determine the difference or allegation, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes issue a decision, and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be is final and binding on both upon the parties, and upon any nurse affected by it. Each party shall pay its own expenses including appointees and witnesses and the cost of expenses of the chairperson shall be born equally by the, parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.any notice, Saturdays, Sundays or Holidays as

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretationA grievance under this contract is any dispute, applicationclaim, or enforcement complaint concerning the interpretation or application of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily . Every effort will be made by the Employer parties to settle all grievances as soon as possible. Time limits set forth shall be strictly complied with, and can only be waived by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence mutual agreement of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievanceparties in writing. Step 1. If an employee has a grievance, he/she : All grievances shall first present be taken up with the grievance orally to his/her immediate supervisorCommander, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If in writing, within five (5) working days after the grievance is not settled at alleged to have occurred. The written grievance shall state the first step within ten (10) daysnature of the grievance, it the act or acts complained of and when the act or acts occurred, the identity of the employee or employees who claim to be aggrieved, provisions of the Agreement claimed to have been violated, and the remedies sought. The Commander shall be reduced to provide an answer in writing and presented to the Sheriff. If not resolved within five (5) working days, . Failure of the Sheriff Commander to respond shall furnish be considered denial of the employee a reply in writinggrievance. Step 32: Any grievance which cannot be satisfactorily settled in Step 1 shall be taken up with the Chief of Police (Chief). If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the Such grievance shall be presented in writing to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 Chief within five (5) calendar working days following the expiration after receipt of the fifteen (15 days aforesaid, or response from the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationCommander. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a Chief will then render their decision on the grievance which in writing with a copy to the Union within five (5) working days. Failure of the Chief to respond shall be final and binding considered a denial of the grievance. Step 3: Any grievance, other than one involving either a performance evaluation and/or a verbal counseling or memorandum of counseling, which cannot be satisfactorily settled in Step 2 shall be taken up with the Town Manager. Such grievance shall be presented in writing to the Town Manager within five (5) working days after receipt of the response from the Chief. The Town Manager will then render their decision on both partiesthe grievance in writing with a copy to the Union within five (5) working days. TIME LIMITS: Time limits set forth above may Failure of the Town Manager to respond shall be extended by mutual agreement in writingconsidered a denial of the grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, applicationapplication or administration of this agreement, including any questions as to whether the matter is arbitrable, and an allegation that this agreement has been violated. Should any difference arise between the Employer and an employee or enforcement employees, it will be dealt with in the following manner: Stage One The employee concerned, who may be accompanied by her ▇▇▇▇▇▇▇ shall, within eight (8) days of the terms of this Agreement, or a claim by an employee, employees or Association that an alleged grievance refer the matter in writing to her immediate supervisor who shall give her answer in writing to such employee has been discriminated against or treated unfairly or arbitrarily by within five (5) working days following the Employer by any action taken in date on which the exercise of its rights or powers, may become a grievance was delivered. All grievance forms shall contain only one grievance. Grievances must The written grievance shall contain a clear and concise statement concerning the alleged grievance and the people involved. The grievance shall be presented returned to the employee if it fails to comply with these requirements and the employee shall have an additional five (5) days to the grievance in Step 1 conformity with this section. Two Should any employee feel that her grievance has not been satisfactorily settled, she may within ten five (105) working days of (1) her supervisor's decision appeal to the occurrence Employer's Administrator. This may be done by a committee comprised of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievanceemployee, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved a Union representative who will, within five (5) working daysdays of the date on which the answer was received, present the Sheriff written grievance and reply to the Administrator who shall furnish discuss the employee a reply matter with such committee and give her decision in writing. Step 3writing no later than five (5) working days after the written presentation has been given to him. If a satisfactory settlement of the grievance is not settled at reached under the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffforegoing procedure, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit refer the matter to Step 4 arbitration within ten (10) days of the receipt of the answer to Stage Two. Time limits shall be computed by excluding Saturday, Sunday, paid holidays and employee's regular days off. Failure of the Union to meet its time limits will cause the grievance to expire and neither it nor the same subject matter shall be further considered or made the subject of a further grievance. Failure of the Employer to meet its time limits shall permit the aggrieved employee to take the grievance to the next succeeding step, provided she presents the grievance at this next step within five (5) calendar days following after the expiration of the fifteen (15 days aforesaidsaid time limit. Should a second grievance occur on the same subject matter as the grievance in process, or the matter said second grievance shall not be considered while the original grievance is being considered. The second grievance will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, considered as being presented only after the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governfirst grievance has been disposed of. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Where a number of employees have similar grievances and each employee would be entitled to grieve separately, they may present a grievance identifying each employee who is grieving to the Department Head or designate within seven (7) days after the circumstances giving rise to the grievance had occurred, or ought reasonably to have come to the attention of the employees. The grievance shall then be treated as being initiated at Step Number two (2) and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. Any matter involving employee who believes that he has been discharged or suspended without just cause may submit a written grievance at Step of the grievance procedure within five working days of the discharge or suspension. Where a difference arises between interpretation, application, application or enforcement of the terms administration of this Agreement, including any question as to whether a matter is arbitrable, or a claim by where an employeeallegation is made that this Agreement has been violated, employees or Association that an any employee has been discriminated against or treated unfairly or arbitrarily unjustly disciplined, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the Employer by any action taken other party in the exercise writing of its rights desire submit the difference or powers, may become a grievancenotice shall contain the name of the arbitration board. Grievances must be presented in Step 1 within ten (10) The recipient of the working days of (1) advise the occurrence other party of the event causing name of its appointee to the grievance; or (2) arbitration board. The two appointees so selected shall, within ten (10) five working days of the time that an employee reasonably should have known appointment of the events causing the grievance or else the same second of them appoint a third person who shall be barred as a grievance. Step 1the Chairman. If the recipient of the notice fails to appoint an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisorarbitrator, or if the Sheriff two appointees fail to agree upon a Chairman within the time limited, then the Minister of Labour for the Province of Ontario may appoint a qualified person to be Chairman, upon the request of either alone person. No person may be appointed who has been directly involved in an attempt to negotiate or accompanied by settle the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffgrievance. The GHC arbitration board shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which award shall be final and binding on both upon parties, employee affected by it. TIME LIMITS: Time limits set forth above may The decision of the majority shall be extended the decision of the arbitration board, but if no decision, the decision of the Chairman shall govern. The Arbitration Board shall be to any decision inconsistent with the provisions of this agreement or to alter, modify or amend any part of this agreement. Each of the parties hereto will bear the fees and expenses of the arbitration chairman. In the event that one party wishes to submit a grievance to arbitration and is content that the matter be by mutual a sole arbitrator as opposed to a tripartite board of arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three alternative choices as to a sole arbitrator in addition to that nominee to a tripartite board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three alternative choices as to a sole arbitrator. If the parties can agree to a sole arbitrator within twenty days of the notice referring the matter to arbitration the matter shall be determined by a sole arbitrator and failing such agreement in writing.the regular arbitration procedure shall

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving In the interpretationevent of an employee who has completed his probationary period being discharged from employment, applicationand the employee claims that he has been discharged without just cause, the case may be taken up as a grievance. All such cases shall be taken up within four (4) days and disposed of within seven days (or enforcement such longer period as may be mutually agreed upon) of the terms date the employee is notified of this Agreementhis discharge, or except where a case is taken to arbitration. Such a claim by an employee who has completed his probationary period, shall be treated as a grievance if a written statement of such grievance is lodged with the Administrator within four (4) days after the employee is notified of his discharge or within four (4) days after the employee ceases to work for the Employer, whichever is the earlier. All steps of the grievance procedure prior to Step may be omitted in such cases. Such special grievances may be settled by confirming the action in dismissing the employee, employees or Association that an by reinstating the employee has been discriminated against with full compensation for time lost, or treated unfairly or arbitrarily by the Employer by any action taken other arrangement which is just and equitable in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence opinion of the event causing conferring parties or the grievance; Board of Arbitration, as the case may be. (a) The Union may file a Grievance" at Step of the grievance procedure. A may not be used to bypass the regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance commencing at Step Such policy grievance shall be filed in writing within seven (2) within ten (107) working days of the time that an employee reasonably should have known of initial incident giving rise to the events causing the complaint. The grievance or else the same shall must be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied signed by the Association ▇▇▇▇▇▇▇. . The Employer shall have the right to lodge a grievance with the Union concerning the meaning, application, interpretation or violation of any provision of this Agreement commencing at Step 2. If of the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriffproce- dure. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the The grievance shall be presented filed in writing with the Union by senior management within seven working days of the initial incident giving rise to the Grievance Hearing Committee (GHC) complaint. A meeting shall be held between representatives of the Employer and notice the Union within seven working days of filing of the grievance. The grievance shall be answered in writing by the Union within ten working days of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governmeeting. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving The purpose of this Article is to establish a procedure for the interpretation, application, or enforcement settlement of grievances which involve the terms interpretation and application of a specific provision of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by . All such grievances will be handled as provided in this Article. No grievance shall be considered under the Employer by any action taken grievance procedure unless it is presented within the time limits set forth in this Article. A grievance will be considered settled on the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence basis of the event causing the grievance; or (2) within ten (10) working days last answer given. If a grievance is once settled in any of the time that an employee reasonably should have known of the events causing following steps, it shall be considered closed and shall not thereafter be subject to the grievance procedure or else the same shall be barred as a grievanceto arbitration hereunder. Step 1. If an employee has a The aggrieved employee, within fourteen (14) calendar days of the alleged act or omission giving rise to the grievance, he/she either with or without a Union representative, shall first present take up the grievance orally matter with the Department Manager or designee, and in the case of the Art Museum, with the Director of Security or designee. The grievant and/or the Union representative shall identify in full the specific term(s) of the Agreement believed to his/her immediate supervisorhave been violated, identify how and when the Agreement was violated and identify the remedy sought. The Department Manager or Director of Security (or their designee) will respond to the Sheriff either alone or accompanied by aggrieved employee and/or the Association ▇▇▇▇▇▇▇Union representative within fourteen (14) calendar days, in writing. Step 2. If the grievance is has not been satisfactorily settled at the first step within ten (10) daysStep 1, it shall be reduced to presented by the Union in writing and presented to the SheriffDepartment Head (or designee) within seven (7) calendar days after the response of the immediate supervisor. The grievance shall identify in full the specific term(s) of the Agreement believed to have been violated, identify how and when the Agreement was violated and identify the remedy sought. The Department Head (or designee) may request to meet with the grievant(s) and the Union representative to discuss and attempt to resolve the grievance. The Department Head (or designee) shall provide a written response to the Union representative within twenty one (21) calendar days after such meeting, or within twenty one (21) calendar days after receipt of the grievance if no meeting is requested. If not resolved within five (5) working daysthe grievance concerns discharge or discipline of an employee, the Sheriff shall furnish grievance must also be signed by the employee a reply involved in writingorder to advance beyond Step 2. If the grievance is not submitted by the Union within such seven-day period the grievance shall be considered to be without merit and settled on the basis of the Supervisor's Step 1 position. The University shall provide the Union, upon request with the names and titles of the designees set forth in this Article. Step 3. If the grievance no satisfactory settlement is not settled reached at the second step and within fourteen (14) days after the employee receives a reply in writing from the SheriffStep 2, the grievance shall be presented in writing to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration Labor and an “at-large” member selected by the HR Director from a rotating list of five Employee Relations (5or designee) department headswithin twenty one (21) calendar days. The participating “at large” member Director of Labor and Employee Relations (or designee) shall not be affiliated meet with the grievant’s department of employmentgrievant and the Union officer (or designee) in an effort to settle the grievance. The GHC Director of Labor and Employee Relations (or designee) shall meet at provide a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingwritten response within twenty one (21) calendar days after such meeting. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration nature of the fifteen (15 days aforesaid, or grievance makes it appropriate and with the matter will be deemed waived assent of the Director of Labor and finally settled. In matters where suspension or dismissal without pay or benefits are an issueEmployee Relations, the Finance, Personnel written grievance may be submitted directly by the Union to the Director of Labor and Economic Development Committee shall act as Employee Relations or by the GHC under S.59.26 (8)(b) Wisconsin Statutes Director of Labor and Employee Relations to the rules Union. The procedure set forth in that Section the preceding paragraph shall governapply. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving Article(s) and Sections(s) of Agreement allegedly violated: _______________________________________________ _______________________________________________ Statement of grievance (must include date of acts or omissions complained of): Remedy Sought: AUTHORIZATION I will be represented in this grievance by (check one — representative must sign on the interpretationappropriate line): UFF Legal Counsel Myself If the grievant elects self-representation or to be represented by legal counsel, applicationthe UFF shall also be notified in writing of the date, time, and place of any meeting or enforcement hearing called for the purpose of discussing the grievance, shall have the right to have an observer present at all meetings and/or hearings called for the purpose of discussing such grievance, and shall be sent copies of all decisions at the same time as they are sent to the other parties. No resolution of any individually processed grievance can be inconsistent with the terms of this Agreement. I understand and agree that by filing this grievance, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its I waive whatever rights or powers, I may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence have under chapter 120 of the event causing Florida Statutes with regard to the grievance; or matters I have raised herein and under all other University procedures which may be available to address these matters. Signature of Grievant Today’s Date (2Grievant must sign if grievance is to be processed.) within ten (10) working days The decision of the time that an employee reasonably should have known of the events causing the grievance or else the same hearing officer shall be barred as a grievance. Step 1. If an employee has a grievancetransmitted, he/she shall first present by personal delivery with written documentation of receipt or by certified mail, return receipt requested, to the grievance orally to his/her immediate supervisorgrievant, or the Sheriff either alone or accompanied by grievant’s representative, the Association UFF Grievance Chair, and the ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step ▇ or designee within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration conclusion of the fifteen meeting. UNIVERSITY OF FLORIDA Board of Trustees–United Faculty of Florida APPENDIX D NOTICE OF ARBITRATION This notice was filed with the Office of Human Resource Services (15 days aforesaidas authenticated by receipt, postmark, or date recorded on fax or email) on by (check one): Personal delivery ________ U. S. Mail ______________ Fax ___________________ Email ______ _____ __ for email filing use: (to be determined) The United Faculty of Florida hereby gives notice of its intent to proceed to arbitration in connection with the matter will be deemed waived decision of the Trustees dated and finally settledreceived by the UFF Grievance Representative or the Grievant (if not represented by UFF) on in this grievance of: NAME: BOT FILE NO: The following statement of issue(s) before the Arbitrator is proposed: Signature of UFF President or Designee Date I hereby authorize UFF to proceed to arbitration with my grievance. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes I also authorize UFF and the rules set forth Board of Trustees or its representatives to use, during the arbitration proceedings, copies of any materials in that Section shall govern. Step 4. Any my evaluation file pertinent to this grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member furnish copies of the staff same to serve as the arbitrator. Signature of Grievant Date UNIVERSITY OF FLORIDA Board of Trustees–United Faculty of Florida APPENDIX E P. K. YONGE SALARY SCHEDULE The Arbitrator shall make a decision parties acknowledge that salary schedules and systems are subject to change as the Legislature and the Department of Education work to implement changes resulting from SB 736. What follows became effective for the 2013-14 year based on current understanding of Legislative intent and technical assistance by the grievance which Florida Department of Education. The system will remain in place for the entire contract, unless Florida statute or state board rules change the system. If changed, the parties agree to re-open APPENDIX E to modify as appropriate. The re-opener negotiations shall be final in accordance with the provisions of ARTICLE 33. All raises for P. K. Yonge faculty shall be in accordance with the provisions of Article 24.7. The state requires two salary schedules: Grandfathered and binding on both partiesPerformance. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingThey are described below.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by If an employee, employees or Association who has complete? his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer by any action taken in the exercise of its rights or powersemployee, who may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by a Union or by the Association Union ▇▇▇▇▇▇▇. ▇ at Step 23 of the procedure to the Hospital within five days the date the discharge is effective. If Such grievance may be settled under the grievance is not settled at Grievance and Arbitration procedure by: Confirming the first step within ten (10) daysHospital's action in discharging the employee: or for time lost and up to full for time lost; other arrangement which be deemed just and equitable. All agreements reached, under the procedure, between the representatives of the Hospital and representatives of the Union will final and When either party requests that matter be submitted to arbitration as provided in Article, it shall be reduced to make such request in writing and presented to the Sheriffother party to this Agreement, and at same time appoint a nominee. Within five days the other shall appoint its nominee, provided however, of Ontario shall have the power to such appointment upon application thereto by the party invoking the arbitration procedure. The two shall attempt to agree upon a Chairman of the Arbitration Board. If not resolved they are unsuccessful in agreeing upon such a Chairman within five (5) working days, a period of ten days of the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at appointment of the second step and within fourteen (14) days after nominee, they shall then request the employee receives Minister of Labour for the Province of Ontario to appoint a reply in writing from the Sheriff, the grievance shall Chairman. No person may be presented appointed to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given Arbitration Board who has been involved in an attempt to negotiate or settle the Sheriffgrievance. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member Arbitration Board shall not be affiliated to make any decision inconsistent with the grievant’s department provisions of employmentthis Agreement, nor to alter, modify, to or amend any part of this Agreement. No matter be submitted to which has not been properly carried through all requisite steps of the Grievance Procedure. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration proceedings of the fifteen (15 days aforesaid, or the matter Arbitration Board will be deemed waived by the parties hereto the decision of the majority, and finally settled. In matters where suspension or dismissal without pay or benefits are an issuethere is no m a j o r i t y , the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall Chairman, will be final and binding upon the parties hereto and the or concerned. A new employee will be considered on both partiesprobation until he has completed forty-five days of work within any twelve calendar months. TIME LIMITS: Time limits set forth above Upon completion of the probationary period he shall be credited with seniority equal to forty-five working days. With the written consent of the Hospital, the probationary employee, and the President of the Local Union or designate, such probationary period may be extended by mutual agreement extended. Any extension agreed to will be in writing.writing and will specify the length of the extension. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration and is at

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving The release of a probationary employee shall not be the interpretationsubject of a grievance unless the probationary employee is released for: reasons which are arbitrary, applicationdiscriminatory, or enforcement in bad faith; or exercising a right under this agreement. Subject to a), a claim by an employee that has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged at Step No. of the terms grievance procedure within three (3) days after the employee ceases to work for the Hospital and the first two steps of the grievance procedure will be omitted in such case. Discharge grievances may be settled by confirming the action of the Hospital in discharging the employee or reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of an Arbitration Board. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within ten (10) days the decision under Step No. is given, it shall be deemed to have been settled and not eligible for arbitration. agreements reached under the Grievance Procedure between the representatives of the Hospital and the or the representatives of the Association will be final and binding upon the Hospital and the Association and the employees. Any grievance not submitted within the time limit nor advanced by the grieving party within the time limits provided for each step of the grievance procedure shall be deemed to have been dropped. No matter may be submitted to which has not been properly carried through all the requisite steps of the grievance procedure. Where no answer is given within the time limits specified in the grievance procedure, the grieving party shall be entitled to submit the grievance to the next step of the grievance procedure. No adjustment effected under the grievance procedure shall be made retroactive prior to the date of the circumstances giving rise to the grievance occurred save and except for time card errors involving pay. If the Hospital or the Association requests that a grievance as above provided be submitted to Arbitration it shall make such request in writing addressed to the other party of this Agreement, and at the same time indicate if a sole arbitrator is to be named (as per Article herein) or if a Board of Arbitration is to be constituted, the party requesting must name nominee to the Board at the time of the request. Within ten days thereafter the other party shall notify the first party in writing of its nominee to the Board. The two (2) nominees- shall, within ten days of the nomination of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman, either ▇▇▇▇▇ may then request that the Minister of Labour the Province of Ontario effect such an appointment. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or a claim by an employeeto substitute any new provisions in lieu thereof, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by nor to give any decision inconsistent with the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence terms and provisions of the event causing the grievance; or (2) within ten (10) working days Agreement. Each of the time that an employee reasonably should have known parties hereto will bear the fee and expense of the events causing nominee appointed by it and the parties will jointly bear the fees and expenses, if any, of the Chairman of the Arbitration Board. The time limits fixed in both the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above arbitration procedures may be extended by mutual written consent of the parties to this Agreement. Saturdays, Sundays and designated holidays as set out in Article will not be counted in computing the time within which any action is to be taken or completed under the provisions of Article The Hospital and the Association may by written agreement in writingsubstitute for a specific grievance or grievances a named single arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been and the single arbitrator shall possess the same powers and be subject to the same limitations as a Board of Arbitration hereunder. At any stage of the grievance procedure including arbitration, the parties may have the assistance of the employee concerned as a witness.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, A grievance is defined as a complaint or enforcement of the terms of this Agreement, or a claim by an employee, employees employee or Association the Union that an employee there has been discriminated against a violation, misinterpretation or treated unfairly misapplication of any provisions of this agreement. The Board acknowledges the right of the Union to assist a grievant at any level of the grievance procedure if it obtains the consent of the grievant, and the Union to receive assistance as desired in any step of the grievance procedure. Failure of any employee or arbitrarily by the Employer by Union to act on a grievance within the prescribed time limits will act as a bar to any action taken in further appeal and an Administrator's failure to give a decision within the exercise of its rights or powersprescribed time limits shall permit the grievant to proceed to the next step. The time limits, however, may become be extended by mutual consent. At any stage of the grievance procedure, the grievant may be represented by a representative of his or her choice. A grievance involving the act of any Administrator above the building level shall initially be filed at Step 3 of the grievance procedure after the grievant has first consulted the Administrator involved, but no later than twenty (20) business days after the occurrence giving rise to the claim. Step 1: A complaint shall first be discussed with the object of resolving the matter informally. If the matter is resolved and a Union representative was not present at the adjustment of the complaint, the principal shall inform the Union president of the adjustment. Step 2: If the grievance cannot be resolved informally, the grievant shall present the grievance in writing to his/her immediate supervisor no later than twenty (20) business days after the occurrence of the claim or complaint. The supervisor will arrange for a meeting to take place within five (5) business days after receipt of the grievance. Grievances must The aggrieved party, the immediately involved supervisor, and any person whose assistance they request, shall be presented present for the meeting. The supervisor will then, within five (5) business days after the meeting, provide the aggrieved party and the superintendent with a written memorandum setting forth the disposition of the grievance. Such memorandum shall contain reasons upon which the disposition of the matter was based. Step 3: If the grievant is not satisfied with the disposition of the grievance at Step 2, or if Step 2 time limits expire without the issuance of the supervisor's memorandum, the grievant shall present the grievance in Step 1 writing to the superintendent within ten (10) working business days. The superintendent shall arrange for a meeting to take place within five (5) business days of (1) the occurrence after receipt of the event causing grievance. The superintendent shall conduct the meeting with the same parties being present as were present in Step 2. Upon the conclusion of the hearing of the grievance; , the superintendent shall have ten (10) business days in which to provide his/her written decision to the grievant. Step 4: If the grievant is not satisfied with the disposition of the grievance at Step 3, or (2) if Step 3 time limits expire without the issuance of the superintendent's decision, the grievant may refer the grievance within ten (10) working business days to the Board of Education. Upon receipt of the time that an employee reasonably should have known request, the Board of Education shall schedule, within thirty (30) business days, a closed session hearing on the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she and shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply promptly thereafter render its decision in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. : If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaidsatisfactorily at step 4, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, there shall be subject to available an additional step of impartial, binding arbitration. The parties shall grievant may submit, in writing, a request to the Wisconsin Employment Relations Commission to appoint a Commissioner or member superintendent within ten (10) business days from receipt of the staff to serve as the arbitratorStep 4 answer. The Arbitrator arbitrator shall be selected from the American Arbitration Association in accordance with its voluntary labor tribunal rules. Each party shall be entitled to representation and witnesses. The arbitrator shall have no power to amend, modify, ignore, add to or subtract from the terms of this agreement, nor to make any award void or prohibited by law, statutory or decisional. The cost of the arbitrator shall be borne equally between the grievant and the school district. Should either party request a transcript of the proceedings, that party will bear the cost of the transcript. The arbitrator's decision on the grievance which shall be final and binding on both upon the parties. TIME LIMITS: Time His/her decision must be based solely and only upon his or her interpretation of the meaning or application of the express relevant language of the Agreement. A business day is defined as a day on which the School Administration Office is open for business, unless the Superintendent of Schools is absent for whole days for sickness, personal, professional or vacation purposes, when such time limits set forth above may shall ▇▇▇▇▇. Should the investigation of any grievance require, in the judgment of the superintendent, that an employee be extended by mutual agreement released from his/her regular assignment, he/she will be released without loss of pay or benefits. The Board agrees not to take any reprisal against any person for his participation in writingthe grievance process. The Union agrees to take no reprisals against any person because of his or her participation or refusal to participate in the grievance process. Furthermore, should any member of the bargaining unit commence an action against the Board and/or any of its members individually or collectively, before any State or Federal Administrative Agency, Court or tribunal, charging the Board or any of its members as aforesaid with any alleged violation of any of the rights granted to or enumerated herein, said proceeding shall act as a bar to the commencement of further proceeding of any grievance filed herein which alleges as its subject matter any violation of any rights specifically numerated herein. The final determination of a grievance at any step shall be included in the interested employee's official Board file.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by If an employee, employees or Association who has completed his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer by any action taken in the exercise of its rights or powersemployee, who may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association a union ▇▇▇▇▇▇▇. , or by the union ▇▇▇▇▇▇▇ at Step 2of the grievance pro- cedure to the Centre within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Centre's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If the grievance no written request for arbitration is not settled at the first step received within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffdecision under Step is given, the grievance shall be presented deemed to have been abandoned. All agreements reached, under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure, between the Sheriff. The GHC shall be comprised representatives of the County HR Director, the Director of Administration Centre and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter Union will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both partiesupon the Centre, the Union and the employee When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. TIME LIMITS: Time limits set forth above Within five days thereafter ,the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be extended appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be authorized to make any decision inconsistent w i t h the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by mutual agreement the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share the fees and expenses, any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out this Article. Wherever Arbitration Board referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other referring to Arbitration Board shall appropriately apply.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving Where a difference arises between the Association and the Board as to the interpretation, application, operation or enforcement contravention, or alleged contravention of this agreement, or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance. All grievances must be presented in writing, and shall set out the nature of the terms difference, the of the agreement which has allegedly been violated and the remedy sought. grievances shall be submitted to the Secretary of the Interpretation Committee. If a grievance denied, the submitting party may advance the matter to arbitration within the limits of this article. Page An grievance must be submitted to the Interpretation Committee within forty (40) working days of the date the Association or the Board first knew of the alleged violation or misapplication. Failure to submit a grievance within the time limits specified shall render the grievance However, the event that the submission is presented after the forty (40) day period, the Superintendent, Division of Human Resources, may consider the merits of the complaint. If the Superintendent, Division of Human Resources disallows the complaint, the submitting party may request that the Interpretation consider the merits of the complaint. The Interpretation Committee may formally consider a complaint which has been submitted beyond the forty (40) day time limit for grievances, when the majority of the Committee decides to do so. An grievance shall not be defeated solely because the submitting party has cited no, or an incorrect Article of this Agreement, or a claim by has sought an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily inappropriate remedy. An Interpretation consisting of four (4) members appointed by the Employer by any action taken in Association, one of whom shall be a member of the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of teachers’ negotiating committee with one (1) the occurrence representative of the event causing Board and three (3) representatives appointed by the grievance; Chief Superintendent of Schools, shall meet once per month, if necessary. A quorum of this committee shall consist of all members. The Director of Employee Relations, or (2) within ten (10) working days delegated authority, shall act as the Secretary of this Committee. When the Interpretation Committee receives notice of the time that an employee reasonably should have known submission of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced required to writing give its decision within twenty-one (21) days following the receipt of such notice and presented shall dispose of each grievance before proceeding to another, except whereby unanimous consent of the Interpretation Committee, the hearing of such a grievance adjourned for the purpose of obtaining further information. After each meeting of the Interpretation Committee, the Secretary shall forward the Committee’s decision to the Sheriff. If not resolved within five (5) working dayssubmitting party, in writing, with copies to the Chief Superintendent of Schools, the Sheriff President of the Calgary Public Teachers Local and the Committee members. When a grievance is denied, the reasons for the denial shall furnish be made known to the employee a reply submitting party in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving Process a) A grievance shall be in writing signed by a representative from the interpretationAssociation or the Employer, applicationas the case may be, or enforcement of and shall specify the terms matter(s) in dispute, the article(s) of this AgreementAgreement alleged to have been violated, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by and the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within remedy sought. b) No later than ten (10) working days of (1) following the occurrence receipt of the event causing grievance, the Employer representative shall meet with the Association representative and any Member affected. The parties shall make every reasonable attempt to resolve the grievance; or (2. c) If the grievance is resolved at this stage, such settlement shall be reduced to writing and countersigned by the Association representative and the Employer representative within ten (10) working days of the time meeting at which the settlement was reached. d) In the event that an employee reasonably should have known of the events causing Association representative and the Employer representative cannot resolve the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present party denying the grievance orally to his/her immediate supervisor, or shall provide the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If reason for denying the grievance is not settled at the first step in writing within ten (10) days, it shall be reduced to writing and presented to working days of the Sheriff. If not resolved within five (5meeting(s) working days, the Sheriff shall furnish the employee a reply specified in writingArticle 15.7.b. Step 3. If the grievance is not settled at the second step and within fourteen (14e) days after the employee receives a reply in writing from the SheriffEither party may, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar working days either party may submit of receipt of the matter response specified in Article 15.7.d, request in writing that an ad hoc Dispute Resolution Committee [DRC] be formed. If both parties agree to Step 4 its formation, the DRC will hold a meeting within five thirty (530) calendar days following of receipt of this request. The DRC will consist of two (2) persons appointed by the expiration Employer, two (2) persons appointed by the President of the fifteen Association, and a fifth person (15 days aforesaid, or the matter who will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(bChair) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff appointed by the party appealing, shall be subject to arbitrationother four members. The parties shall request the Wisconsin Employment Relations Commission to appoint fifth person may be a Commissioner or person who is not a member of the staff to serve as immediate Renison community and may be a person who has proven experience of dispute resolution in other contexts. f) In the arbitrator. The Arbitrator shall make a decision on event that the DRC cannot resolve the grievance which within 10 working days of the meeting, the Chair of the DRC shall inform the parties in writing that the matter remains unresolved. g) All grievance-related discussions directed at the settlement of a grievance, including the DRC meeting are privileged and confidential and cannot be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement relied upon in writingany subsequent arbitration.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving The Union will appoint and the interpretationEmployer will recognize a committee of Shop one from each shift, application, or enforcement from each department of all Employees of the terms Employer set out i n Article which shall be known as the Grievance ' to deal with all complaints and grievances. Members of this Agreementcommittee with any changes therein, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by shall be known to the Employer by any action taken in and the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) Employer will notify the occurrence Union of the event causing the grievance; or (2) within ten (10) working days names of the time department heads responsible for handling ai and grievances. A t any meeting that an employee reasonably should have known of the events causing may occur i n the grievance or else procedure the same Employee affected shall be barred as have the right to have a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association Shop ▇▇▇▇▇▇▇. ▇ or Business Agent present. The Shop may leave his regular duties to assist an employee processing a grievance as defined i n this Agreement, but he must obtain the prior permission from his supervisor for such purpose; When resuming his regular duties the Shop will report to his Alleged complaints and grievances shall be dealt with i n the following manner: Step 2The aggrieved Employee or Employees, with a member of the s t the department head within five (5) week days. The department head shall then give his decision within five week days. If the decision of the department head not satisfactory the committee may within five (5) week days therafter appeal in writing to the respective dent. The Vice-president shall then give his decision writing within five (5) week days, following the presentation to him of the written grievance If the written decision of the Vice-president is not settled at satisfactory the first step committee may within ten (10) days, it shall be reduced to week days thereafter appeal in writing and presented to the SheriffPresident. Step The President shall then give his decision i n writing within twenty (20) week days. Step V If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance settlement is not settled at reached i n the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffsteps above, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit give notice of intention to seek arbitration. Such notice must be given within twenty (20) week days. The matter may then be referred to a sole Arbitrator appointed by mutual consent or to an Arbitration Board of three (3) members, one appointed by the matter to Step 4 within five (5) calendar days following Union, one appointed by the expiration of Employer, and the fifteen (15 days aforesaid, or third mutually agreed upon by the matter will be deemed waived and finally settledother two. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee The third member shall act as Chairman; should the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section two appointed members fail to agree upon a third member, he shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff be appointed by the party appealing, Minister of Labour for the Province of Nova Scotia. The decision of the sole Arbi- trator or the decision of the of the Arbitration Board shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may periods i n any of the steps can be extended by mutual agreement between the Union and the Employer. It i s agreed that the Union Representative or his Deputy may act as a member of the at the request of either party. In any grievance arising out of discharge or other the Board of Arbitration or sol e Arbitrator may dispose of the aim by affirm- ing Employer action and the grievance, or by setting aside the nary action and res ▇▇▇▇ the to his former ti on with or without compensation or in writingsuch other manner as may, i n the opinion of the Board of Arbitration, or sol e be e. The Employer and the Union agree to bear an equal share of any expense incurred on account of third member of any Arbitration Board or a sol e Arbitrator set up pursuant to Step V of Clause of this Article. If the Union or the Employer alleges a breach or violation of this Agreement the respect or respects i n which it is alleged the Agreement has been broken or violated, shall be indicated promptly to the Employer and/or the Grievance Committee. The matter shall then be regarded as a grievance and dealt with as set forth i n Clause commencing with Step If an Employee feels that he has a grievance, he shall report the matter to management i n the manner outlined in Clause but pending settlement he shall perform his regular duties faithfully.

Appears in 1 contract

Sources: Collective Agreement

Grievance. 9.01 Any matter involving complaint, disagreement, or difference of opinion between the parties hereto concerning the interpretation, application, or enforcement of the terms any alleged violation of this Agreement, or a claim by an employee, employees concerning the discharge or Association that discipline of an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powerswhich may be alleged to be unjust, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as considered to be grounds for a grievance. 9.02 A grievance must be presented to the Employer as outlined in Step 1No. If an employee has a grievance, he/she shall first present 1 or Step No. 2 as determined by the nature of the grievance orally within five (5) days from the time of the occurrence which facts for the said grievance are based. Days off shall not be included in calculations. 9.03 The Union and the Employer agree that in the best interest of the employees and to his/her ensure that all grievances are brought to a rapid conclusion, all time limits within this agreement refer to calendar days. It is agreed that all time limits must be adhered to. (a) There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle any grievance promptly through the following steps. (b) Step 1 By way of a conference between the aggrieved employee and his immediate supervisorsupervisor or General Manager, or the Sheriff either alone or employee may be accompanied by the Association ▇▇▇▇▇▇▇. The supervisor or General Manager shall give his decision within four (4) days. Failing settlement the employee may go to Step 2 of the grievance procedure. (c) Step 2. If the 2 The grievance is not settled at the first step within ten (10) days, it this point shall be reduced to writing and presented to the SheriffGeneral Manager in writing by the aggrieved employee and the ▇▇▇▇▇▇▇ within four (4) days of receipt of the provision in Step 1 but not thereafter. If not resolved The grievance so written set out the facts giving rise to the grievance and shall advise the Employer of the nature of the claim so as to enable the Employer to deal with the grievance. The General Manager will give his written reply to the grievance within five (5) working days, . Failing settlement the Sheriff shall furnish the employee a reply in writing. Union may go to Step 3. If A Union representative may be present at this stage of the grievance is not settled procedure if the Employer receives written notice at the second step and within fourteen least two (142) days after prior to the employee receives meeting of such intentions in order that a reply in writing from Labour Representative for the Sheriff, the grievance Employer can be made available. (d) All Employer grievances suspension and discharge and Union group or policy grievances shall be presented at Step 2 of the Grievance Procedure. (e) Step 3 In the event that a resolution of the grievance, satisfactory to the Grievance Hearing Committee (GHC) Union and notice of such appeal shall be given Employer, does not result at Step 2, either the Union or the Employer may advance the grievance to the Sheriffnext step. The GHC shall This next step involves a selection from the following alternatives and must be comprised of the County HR Director, the Director of Administration and an “at-large” member selected taken by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 notice in writing within five (5) calendar days following the expiration of the fifteen date of completion of Step 2: (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act i) Go to Arbitration as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governoutlined below. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member (ii) Utilize Section 87 of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.Labour Relations Code of

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving PROCEDURE A grievance is any difference of opinion or dispute between the parties hereto as to the interpretation, applicationadministration, application or enforcement of the terms alleged violation of this Agreement. The wording of a grievance may be clarified prior to its elevation to Stage If the Association has taken up a grievance on behalf of an with their consent, or a claim by an employee, employees or the withdrawal of such consent shall not necessarily prevent the Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing processing the grievance or else to the same next higher stage. The following procedure shall be barred as applicable to the settlement of grievances. STAGE ONE An with a grievance. Step 1. If an employee has a grievancegrievance shall Association representative and they together, he/she shall first if they so des will present the grievance orally in writing to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2Manager. If the grievance is a satisfactory settlement has not settled at the first step been in writing, within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) five working days, the Sheriff grievance then proceed to a STAGE TWO MEETING. The Grievance Committee, the President of the and any one other representative of the Association, if Grievance Committee shall furnish deem it necessary, will to meet with the employee a reply appropriate Management member within (5) five working days the decision or ought to have been rendered at Stage One. Management Board member will communicate their find in writing. Step 3. If writing within (5) five working days to the Within (5) five working days the decision was or o to have been the grievance is not settled at may be Arbitration as hereinafter provided. Any complaint arising directly between the second step and within fourteen (14) days after the employee receives Company Association as a reply grievance connection with Agreement may be submitted in writing from by the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected Human Resources, or by the HR Director from a rotating list Company, ti President of five (5) department headsthe Association. The participating “at large” member to whom complaint is submitted shall not be affiliated with inform the grievant’s department other party in of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved its views within fifteen (15) calendar working days. If in any c satisfactory settlement is not arrived at within ten working days either party may submit shall have the matter rig refer the to Step 4 as hereinafter provided. by the parties that a Policy Grievance will n used to resolve complaints or grievances that be processed through regular grievance procedure, e where the employee involved refuses to file a grievance and the grievance a violation of the Agreement affecting other Association members. The Company and the Association agree that it the interest of the Company, the Association and the employees that there be no unnecessary delay in initiating and processing grievances and that facts and issues will be revealed promptly. Except as in Stage One shall commence within five two (52) calendar days months following the expiration circumstances giving rise to the alleged grievance. The Company shall not be liable for payments in excess of thirty (30)working days prior to the date of filing the grievance. If prior to filing the grievance. the employee first attempts to resolve the problem with their supervisor or Labour Relations Manager, the Company shall not be liable for retroactive payments in excess of thirty (30)working days prior to the meeting with their supervisor or Labour Relations Manager. In the case of discharge of who have obtained seniority status, such shall be informed of their right have an Association representative present and in any event the Association will be advised of such discharge as early as practicable prior to taking a final decision to discharge. A claim by an employee that they have been unjustly discharged or suspended shall be treated a grievance, if such grievance is reduced to writing by the aggrieved employee and lodged with the Director of Human Resources of the fifteen (15 Company within ten working days aforesaidafter the employee ceased to work for the Company, and Stage One will be omitted in such case. Such special grievance may be under the Grievance Procedure by:- Confirming the Management's action in dismissing or suspending the employee, or Reinstating the matter will employee with full compensation for the t lost, less outside earnings, or By any other arrangement which may be deemed waived and finally settledjust equitable in the opinion of the parties or the decision of Arbitration Board. In matters where suspension A claim by an employee that they have been otherwise disciplined shall be treated as a grievance, if such lodged at Stage I in accordance Article When the Company administers a verbal or dismissal without pay or benefits are an issuereprimand, other formalized disciplinary procedure, Improvement Plan (PIP), the Financeemployee informed of their right to have present a representative Association, Personnel and Economic Development Committee shall act as should the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governemployee so desire. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged of the terms Agreement including any question as to whether a matter is arbitrable. At the time formal is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her or his union representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by right in advance. It is the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence mutual desire of the event causing hereto that complaints of nurses shall be adjusted as quickly as and it is understood that a nurse has no grievance until she or he has first given her or his immediate supervisor the grievance; opportunity of adjusting the,complaint. Such complaint shall be discussed with her or his immediate supervisor within nine (29) within ten (10) working calendar days after the circumstances giving rise it have occurred or ought reasonably to have come to the attention of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step nurse and failing settlement within ten nine (109) calendar days, it shall then be reduced taken up as a grievance within nine (9) calendar days following of the immediate supervisor's decision in the following manner and sequence: The nurse may submit a written grievance, signed by the nurse, to writing and presented to the Sheriffher or his immediate supervisor. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the The grievance shall be presented on a form referred to in Article and shall identify the Grievance Hearing Committee (GHC) of the grievance and notice the remedy sought and should the provisions of such appeal shall the Agreement which are alleged to be given to the Sheriffviolated. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five immediate supervisor will deliver her or his decision in writing within nine (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (59) calendar days following the expiration day on which the grievance was presented to her or him. settlement, then: Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of the fifteen (15 days aforesaid, Nursing or the matter designate who will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 deliver a decision in writing served within nine (9) calendar days from the date on which the opposite party written grievance was presented to include the Sheriff by the party appealing, shall be subject to arbitrationher or him. The parties shall request the Wisconsin Employment Relations Commission may, ifthey so desire, meet to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on discuss the grievance which shall be final at a time and binding on place suitable to both parties. TIME LIMITSFailing settlement, then: Time limits set forth above Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Administrator or designate. A meeting will then be held between the Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by mutual agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the may be present at the meeting. It is further understoodthat the Administrator or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Hospitalshall be delivered in writing.writing within nine

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that Step Verbally between an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1and his supervisor. If an he wishes, the employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or may be accompanied by the Association Union ▇▇▇▇▇▇▇. Step 2. If Grievances, other than those which call for a monetary settlement, must be initiated within seven (7) working days of their occurrence. Grievances requesting a monetary settlement must be initiated within seven (7) days of the which led up to the grievance, or within seven (7) days of when the employee should have been aware of such circumstances. The supervisor will give his verbal answer within three working days from the date of presentation. The grievance is not settled at the first step within ten (10) days, it shall be reduced to writing, signed by the aggrieved party, and submitted to his Unit Manager within seven (7) working days by the Chairman of the Union grievance committee The Unit Manager will meet the Union Grievance Committee within seven (7)working day of receiving the grievance, The Unit Manager will reply writing and presented to the Sheriffchairman of the Union Grievance Committee within three working days following the aforementioned meeting. If not resolved The employee must be accompanied by the Union his absence, his designated alternate, Step Failing a settlement at Step ▇▇▇▇▇▇▇, or in Within seven (7) working days of the completion of Step the chairman of the grievance committee may submit the written grievance to the District Manager. Within five (5) working days of the grievance being received by the District Manager, the joint Grievance Committee will meet. The Industrial Relations Manager or his delegate may attend such meeting. OS The District Manager will send his written decision to the Union within five working days after the meeting of the Joint Grievance In the case of a Company Grievance, the chairman of the Union Grievance Committee will submit his decision in writing within five (5) working days, days following the Sheriff shall furnish of the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the SheriffJoint Committee. The GHC shall grievance may be comprised of the County HR Director, the Director of Administration and an “at-large” member selected referred to Arbitration by the HR Director from a rotating list of five either party provided such action is taken within forty (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (1540) calendar days either party may submit the matter to of Step 4 within five (5) calendar days following the expiration 13.05 or 13.06). Each of the fifteen (15 days aforesaidParties hereto shall bear the expense of the Arbitrator appointed by it, and the parties hereto shall jointly and equally bear the expense the Board. of the third member of The Board of Arbitration appointed pursuant to Article has no jurisdiction to alter, amend, set aside, add to or delete from any of the matter will be deemed waived and finally settled. provisions of this Agreement, nor render any decision which is inconsistent with this In matters where the case of a suspension or dismissal without pay or benefits are an issuegrievance, any disposition which is just and equitable in the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member opinion of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above parties or an Arbitration Board may be extended by mutual agreement in writingmade.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving Prior to filing a grievance, the pilot(s) having a complaint should, together with an Association representative if desired, discuss such complaint with the appropriate Chief Pilot and/or the Director of Flight Operations Support who will make every effort to resolve the complaint. A pilot who has a grievance, or group of pilots having a grievance dealing with the same issue with respect to the interpretation, application, or enforcement alleged of this agreement shall deal with the grievance in accordance with the procedures as specified in through below. Grievances may be by the Association on matters affecting the rights of the terms of this Agreement, Association or a claim by number of individual pilots simultaneously, but matters with respect to which an employeeindividual pilot(s) could grieve except where the individual pilot has made agreement with the Company which violates the Agreement. Hearings Step One A pilot who has a or group of pilots having a grievance dealing with the same issue, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken shall present it in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 writing within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known occurrence or awareness of the events causing occurrence to the Director of Flight Operations Support. The Director of Flight Operations Support or his designated representative hold a upon the grievance or else at a mutually convenient time within fifteen calendar days of the same shall be barred as a grievance. Step 1. If an employee has a presentation of the grievance, he/she shall first present and render his decision in writing not later than on the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2tenth (I calendar day following above mentioned hearing. If the decision of the Director of Flight Operations Support or his designated representative is not acceptable to the or is not rendered ten calendar days, then the shall be submitted in writing to the Vice-President of Flight Operations or his designated representative within calendar days of receipt of the or as the case may be, within twenty-five calendar days the ‘time the hearing in Step took place. Vice-President of Flight Operations, or his designated representative: shall hold a hearing upon the grievance at a mutually convenient time within calendar days of the receipt of the grievance, and shall render decision in writing not later than on the tenth calendar day following the grievance hearing. Step Three ii If the of the ‘Vice-President of Flight Operations or his designated representative acceptable to the or is not within ten calendar days, then the grievance shall be submitted in to the President or his designated representative within fifteen calendar days of the receipt of the decision, or as the case may be, within twenty-five calendar days from the the Hearing at Step 2 took place. The President or his designated representative shall hold a hearing upon the at a mutually convenient time fifteen calendar days of the receipt of the-- grievance, and shall render his decision in writing no later than on the tenth calendar day following the grievance hearing. the time limits outlined in above are not complied with, the Association may proceed to Arbitration. It is agreed by the parties hereto that the period of time for submission of grievances, holding of hearings and rendering of decisions in this Article shall be considered as maximum periods unless extensions shall have been agreed upon. When grievances, hearings, and decisions can be handled in a time period of less than the maximum stipulated, every effort will be made to so expedite the cases(s). A grievance which has-not been filed in writing in accordance with Step One, Step Two, or Step Three shall be deemed to be abandoned. At any hearing throughout these grievance procedures, the shall have the right to be represented by not more than two Company employee representatives of the Association, plus advisors as required. The and the Company shall be given every opportunity to adduce evidence, make representations and present, examine and cross-examine witness. Throughout these procedures, the may, together with their representative(s) review any information contained in his (their) personal files(s) or document which the Company has introduced at any step in these procedures. On request, the Company shall provide the and the Association two copies each of all such documents. At any hearing(s) held throughout the procedures, all reasonably required witnesses and one Association representative who of the Company shall be given time off, subject to the requirements of service and space available Pilots appearing as reasonably required witnesses will not lose basic salary as in Appendix A. The result of a hearing or grievance shall be as mutually agreed and failing such agreement the may be referred to arbitration, grievance is not settled at in accordance with the first step procedures set forth Articles through then such grievance may be referred by Association or the Company to Arbitration as provided for in through provided it has been initiated within ten (10) days, it the limits provided and taken through the required steps of the Grievance Procedure. The ‘Notice of Intention to proceed to Arbitration shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply made in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work Flight Operations Support or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved his designated representative within fifteen (15) ten calendar days either party may submit of the decision at Step Three or within ten calendar days from the date that such decision should have been rendered. Such Notice shall state the matter in dispute, the section(s) alleged to Step 4 within five (5) calendar days following have been violated, and the expiration nature of the fifteen (15 days aforesaid, relief or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governremedy sought. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving 8.01 For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement or related legislation. 8.02 The grievance shall identify the nature of this Agreementthe grievance, the remedy sought, and should, where possible specify the provisions of the Agreement or a claim by an employee, employees related legislation which are alleged to have been violated. 8.03 At the time formal discipline is imposed or Association that at any stage of the grievance procedure an employee has been discriminated against or treated unfairly or arbitrarily by shall have the Employer by any action taken in right to the exercise presence of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association their ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance. 8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate supervisor or designate the opportunity of adjusting their complaint. The griever may have the assistance of a Union ▇▇▇▇▇▇▇ if they so desire. Step 2. If 1 The employee shall submit the grievance is not settled in writing on the appropriate form, and signed by them, to their immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate Supervisor or designate will deliver their decision in writing within five (5) days following the day on which the written grievance was presented to them. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step 2 Within five (5) days following the first step decision in the immediately preceding step, the grievance shall be submitted in writing to the Manager, Emergency Services. A meeting will then be held between the Manager, Emergency Services and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Employer shall be delivered in writing within ten (10) daysdays following the date of such meeting. Failing settlement, it then: Step 3 Within five (5) days following the decision in the immediately preceding step, the grievance shall be reduced to submitted in writing and presented to the SheriffManager, Human Resources of the Employer or the designated Employer representative. If not resolved A meeting will then be held between the Manager, Human Resources or the designated Employer representative and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) working days, days of the Sheriff shall furnish submission of the employee a reply in writing. grievance at Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be unless extended by mutual agreement of the parties. The decision of the Employer shall be delivered in writingwriting within ten (10) days following the date of such meeting.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving Where an employee feels himself to be aggrieved by the interpretation, applicationinterpreta- tion or application in respect of him of a provision of a statute, or enforcement a by-law, direction, or other instrument made or dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter his his terms and conditions of in respect of which no administrative procedure for redress is pro- vided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has the written consent of the Association respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall apply: Step One: Within twenty days after the alleged grievance has arisen or a claim the employee aware of the grievance, the employee may present his grievance in writing either by an employeepersonal service or by mailing by registered mail, employees on the form authorized by the Public Service Labour Relations Board to his immediate super- visor or Association that an employee has been discriminated against or treated unfairly or arbitrarily to the person designated by the Employer by any action taken as the first level in the exercise grievance procedure. If the employee receives no reply or does not receive satisfactory settlement within ten working days from the date on which he presented his grievance to his im- mediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. Step Two: Within ten working days from the expiration of its rights or powers, may become a grievance. Grievances must be presented the ten day period referred to in Step 1 One, the employee may present his grievance in writing at the second level of the grievance process, either by personal service or by mailing by registered mail to his immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure. If the employee does not receive a reply or satisfactory settlement of his grievance from the person designated by the Employer as the second level in the grievance process within ten working days from the date on which he presented his grievance at the second level, the employee may proceed to Step Three. Step Three: Within ten working days from the expiration of the ten day period referred to in Step Two, the employee may present his grievance in writing at the third level of the grievance process either by personal service or by mailing it by registered mail to his immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which he is employed. Any settlement proposed by the Employer at the levels One and Two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within fifteen (1015) work- ing days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory set- tlement of his grievance within fifteen (15) working days of from the date on which he presented his grievance at the final level, the employee may refer his grievance to Adjudication as provided in Article (1Adjudication) the occurrence of the event causing the grievance; or hereof. within fifteen (2) within ten (1015) working days of the date on which he have received a reply from the person designated as the final level. In any case where the employee presents his grievance in person or in any case in which a hearing is held on a grievance at any level of the grievance process the employee may be accompanied by a representative or agent of the Association. determining the time that in which any step under the foregoing pro- ceedings is to be taken, Saturdays, Sundays, and recognized shall be excluded. If advantage of the provisions of this Article have not been taken within the time limits specified herein the alleged grievance shall be deemed to have been abandoned and cannot be pursued except as pro- vided in Regulation The Parties may mutually agree to extend the time limits specified herein. Any matter giving rise to a dispute directly between the Associa- tion and the Employer shall be processed at Step Three of the grievance procedure within twenty (20) days of the occurrence thereof. Should the matter not be settled, either party may refer its differences to the Public Service Labour Relations Board pursuant to the Public Service Labour Rela- tions Act. Where an employee reasonably should have known of presents a grievance at the events causing final level in the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If process and the grievance is one that may not settled be referred to Ad- judication, the Employer shall be upon request being made in writing at the first step within ten (10) daystime of filing the grievance at the final level, it shall be reduced to writing and presented have a hearing of the giving rise to the Sheriff. If not resolved within five (5) working daysgrievance, the Sheriff shall furnish the employee a reply in writingat that level. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving Where a teacher or the Union has a with the Board or its representative regarding interpretation, application, operation or enforcement of the terms any alleged violation of this Agreement, the dispute shall constitute a grievance and shall be processed according to procedure set forth in this article. Within ten (IO) working days after the alleged grievance has come to the attention of the the with or a claim by an employeewithout the Grievance Committee, employees may present the grievance in writing to the Director of Human Resources or Association that an employee has been discriminated against or treated unfairly or arbitrarily to some person designated by the Employer by any action taken in Director or Human Resources, and shall forthwith provide the exercise Grievance Committee with a copy of its rights or powers, may become a the grievance. Grievances must be presented Within ten working days of receipt of the grievance by the Director of Human Resources, or by the person designated by the Director of Human Resources, shall reply in Step 1 writing to the and forthwith provide the Grievance committee with a copy of the reply. If the reply is not acceptable to the the Grievance Committee and the Director of Resources shall meet within ten (10) working days of (1) the occurrence of the event causing and shall endeavour to settle the grievance; or (2) . If the Grievance Committee and the Director of Human Resources are unable to settle the grievance, the Grievance Committee, at its discretion, may within ten (10) working days of the time that an employee reasonably should have known meeting with the Director of Human Resources deliver notice in writing to the Superintendentrequesting a meeting with the Superintendent (together with the Board if the Superintendent so determines). Within ten (10) working days of the events causing referral of the grievance or else to the same Superintendent, the Superintendent and the Grievance Committee shall be barred meet and endeavour to settle the grievance. The Superintendent may have present the Director of Human Resources as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2resource person. If the parties are unable to settle the grievance is not settled at as a result of the first step meeting held pursuant to Article hereof, then the Union may, within ten (10) daysworking days of the meeting, it shall be reduced to writing and presented to advise the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply Board in writing from the Sheriff, that the grievance shall be presented referred to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governarbitrator. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Regional Agreement

Grievance. Any matter involving A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, applicationapplica- tion or alleged violation' of the Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. - - Gr-ie-va-nc-e Where a number of have identical grievances, and each one would be entitled to grieve separately, they may pre- sent a group grievance, in writing identifying each employee who is grieving, to the Department Head, or enforcement of his designate within ten days after the terms circumstances giving rise to the grievance have occurred. The grievance shall then be treated as initiated at Step 2 and the applicable provisions of this Agreement, or a claim by Article shall then apply with respect to the handling of such grievance. - - - - - If an employee, employees or Association who has completed his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer by any action taken in the exercise of its rights or powersemployee, who may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association a union ▇▇▇▇▇▇▇. Step 2. If , or 'by the union ▇▇▇▇▇▇▇ at 3 of the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented pro- cedure to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of date the fifteen (15 days aforesaiddischarge is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the matter will employee With up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be deemed waived just and finally settledequitable. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.submitted to arbitration as hereinafter pro- ten

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms If it is believed that a contravention of this AgreementAgreement has occurred, or a claim by an employee, employees or Association that an the employee has been discriminated against or treated unfairly or arbitrarily by must discuss the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 complaint with his/her immediate Supervisor within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) three working days of the time that an alleged incident. When making the complaint, the employee reasonably should have known of the events causing the grievance or else the same shall may be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association zone ▇▇▇▇▇▇▇. Step 2. STEP 1 If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance complaint is not resolved within fifteen (15) calendar one working day, the grievance be invoked reducing the complaint to writing on a form supplied by STEP 2 The Manager, Industrial Relations shall convene a meeting with the appropriate management personnel, together with the aggrieved employee, Zone ▇▇▇▇▇▇▇, and the Plant Chairperson, within two working days either party may submit of the presentation of the formal grievance. The department head representative involved must reply in writing to the grievance within two working days of the hearing at this step. STEP 3 If the answer is not satisfactory to the Union at Step two then the matter may be referred immediately to Step 4 the Manager, Industrial Relations. A meeting will be convened within five (5) calendar three working days following receipt of the grievance, with the aggrieved employee, Zone ▇▇▇▇▇▇▇, Plant Chairperson, National Representative or the President of the together with such other persons as management may desire. The Manager, Industrial Relations shall render a decision in writing within three working days following the expiration of hearing at Step three If the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled as a result of this meeting, then at the request of either party the grievance may be referred to Arbitration. If Arbitration is to invoked, the request for Arbitration must be made within fifteen working days after the grievance has been dealt with at Step three of the grievance procedure. Nothing in Step 3 above and timely noticed for appeal this article is to Step 4 in writing served on be interpreted as restricting the opposite party to include number of witnesses that may requested by either the Sheriff Company or the Union. Failure by the party appealing, shall be subject Union to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member observe its time limits will constitute withdrawal of the staff grievance, while failure of the Company to serve as observe its time limits will result in the arbitrator. The Arbitrator shall make a decision on granting of said grievance, provided it properly arises under this section and provided further that the circumstances giving rise to the alleged incident occurred or originated not more than five days before the filing of the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.at Step one

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged violation Agreement including any question as to whether a matter is arbitrable. A t the time formal discipline is imposed or at any stage of the terms grievance procedure, including the stage, a nurse entitled to be represented by her nurse representative. In case of or discharge, the Hospital shall notify the nurse of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by right advance. It the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence mutual desire of the event causing the grievance; or (2) within ten (10) working days parties hereto that complaints of the time that an employee reasonably should have known of the events causing the grievance or else the same nurses shall be barred adjusted as a grievance. Step 1quickly as. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2▇, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. If Such complaint shall be discussed with her supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within nine (9) calendar days, shall then be taken up as grievance within nine (9) days following advice of her immediate decision in the following manner and The may submit a written signed by the nurse, to her immediate supervisor. The grievance shall be on form in Article and shall Of the grievance is not settled and the identify the provisions of the are alleged to be violated. The will deliver decision in writing days following the day on which or her who nine (9) the written may, if they trance at a time and suitable to both parties. Failing Settlement, Within nine (9) calendar fallowing the decision in Step the be submitted in writing her .designate. A then be the Hospital that a of the Association and the be at the first step within ten (10) days, it shall be reduced to writing meeting. is or her she may A or grievance arising directly between the Hospital and presented to the SheriffAssociation .concerning the application or alleged violation of the Agreement originated at Step No. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration circumstances giving rise to complaint or grievance. A grievance Where a number of nurses have identical grievances and each nurse would be entitled to separately, they may a group grievance writing by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14) calendar days after the ,circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the fifteen (15 days aforesaid, or the matter will The grievance shall then be deemed waived and finally settledas being initiated at Step No. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section applicable of this Article shall govern. Step 4then apply with respect to the processing of such grievance. Any grievance The release of a probationary nurse shall not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationthe‘grievance procedure unless the probationary nurse is released for exercising under this Agreement. The parties shall request the Wisconsin Employment Relations Commission to appoint A claim by a Commissioner nurse who has completed her probationary period that she has been unjustly discharged or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which suspended shall be final and binding on both partiestreated as a grievance if a written statement of ouch grievance lodged by the nurse with the Hospital at Step No. TIME LIMITS: Time limits set forth above within seven (7) calendar days after the date the discharge or effected. Such special grievance may be extended by mutual agreement in writing.settled under the Grievance or Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving (continued) The filing of a grievance shall in no way interfere with the interpretationright of the Board to proceed in carrying out its management responsibilities subject to the final decision on the grievance. In the event the alleged grievance involves an order, applicationrequirement, or enforcement other directive, the grievant shall fulfill or carry out such order, requirement, or other directive, pending the final decision on the grievance. Nothing contained herein will be construed as limiting the right of any grievant to discuss a grievance informally with his/her immediate administrator or to have the grievance adjusted, prior to Level II, without intervention of the Association, provided that the adjustment is not inconsistent with the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member Any formal resolution shall not be affiliated with agreed upon by the grievant’s department of employmentDistrict and the grievant until the Association has been provided a copy and allowed an opportunity to respond. The GHC filing of a grievance shall meet at a time when not reflect unfavorably upon the grievant is not scheduled or upon the administrator with whom it may be filed. The grievant and immediate administrator shall have the right to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If include in the grievance is not resolved within fifteen (15) calendar days hearings such witnesses as they deem necessary to develop facts pertinent to the grievance. Each party shall bear the cost of its own witnesses. Such witnesses shall be in addition to the conferee that either party may submit the matter to Step 4 within five (5) calendar days following the expiration select. Although a specific time period is provided for administrative decisions at each level of the fifteen (15 days aforesaidgrievance procedure, or it is recognized that multiple grievance claims must be processed in a sequential manner. Consequently, at each level of the matter procedure, grievance claims shall be assigned consecutive numbers, based upon the time and date on which written grievances are received. Administrative personnel shall process such numbered grievances in a sequential manner, following a pattern that the first filed will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governfirst considered. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application, applica- tion or enforcement alleged violation of the terms Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. by-passed. Where the grievance is a Hospital grievance it' shall be filed with the Grievance Committee. Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may have occurred. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Agreement, or a claim by Article shall then apply with respect to the handling of such grievance. - - -Gr-iev-anc-e If an employee, employees or Association who has completed his probationary period, claims that an employee he has been discriminated against or treated unfairly or arbitrarily unjustly discharged, such claim must be submitted by the Employer by any action taken in the exercise of its rights or powersemployee, who may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association a union ▇▇▇▇▇▇▇. , the union ▇▇▇▇▇▇▇ at Step 23 of the grievance pro- cedure to the Hospital within five days following the date the is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be deemed just and . equitable. settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If the grievance no written request for arbitration is not settled at the first step received within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffdecision under Step 3 is given, the grievance shall be presented deemed to have been abandoned. All agreements reached, under the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to grievance procedure, the Sheriff. The GHC shall be comprised representatives of the County HR Director, the Director of Administration Hospital and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representatives of the fifteen (15 days aforesaid, or the matter Union will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both partiesupon the Hospital, the Union and the . TIME LIMITS: Time limits set forth above When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other to this and at the same time appoint a nominee, Within five thereafter other party appoint its pro- vided however, that if party fails to appoint its nominee as herein required, the Minister of for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration proce- dure. The two nominees shall to agree upon a chairman of the Arbitration Board, If they are unsuccessful in agreeing upon such a chairman within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be extended appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the ▇▇▇▇- ▇▇▇▇▇. The Arbitration Board shall not be to make any decision inconsistent with the provisions this Agreement,, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by mutual agreement the parties hereto and the decision of the majority, and where there is no the decision of the Chairman, will be final and binding upon the parties hereto and the or employees concerned. Each of the parties hereto bear the expense of the nominee appointed by it and the parties share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, and Holidays are not to be counted in writing--the time limits as set out in this Article.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving shall consist of a dispute concerning interpretation and application of any clause in this Agreement, alleged violations of the interpretationAgreement, applicationand alleged abuses of discretion in the treatment of employees by supervision, or enforcement of contrary to the terms of this Agreementthe If any question arises as to whether a particular dispute is or is not a within the meaning of these provisions, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action question may be taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing up through the grievance or else the same procedure and determined, if necessary, by arbitration. There shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievance promptly, through the following steps: By a conference between the aggrieved employee and the Branch Manager or his (7) calendar days from the date the alleged of the Agreement or from the date the alleged violation became known to the but, in no case, more than thirty (30) days. The seven (7)days and thirty (30) days limitation provided above shall not deprive an employee or the Union of the right to register a retroactive claim for Health and Welfare or premiums where such premiums or contributions have not been paid in line with the provisions of this Agreement. Nor, shall the limitation apply to laid-off employees claiming that they have not been recalled in line with the provisions of Article The shall be accompanied by a Union . Step 2▇▇▇▇▇▇ and, if deemed necessary by the Union, he shall also be accompanied by a Business Representative of the Union. If Failing settlement at the above step, the Branch Manager will render his decision in writing and shall refer the grievance is not settled at to and arrange a meeting between the first step Union and the General Manager or his within ten seven (107) daysdays of the date that the grievance was registered in writing. This meeting shall be held in the locale of the terminal involved unless otherwise agreed. The General Manager or his designate shall render his decision within seven (7)days from the date the grievance was referred to him. In the event the Union or the Company has a grievance, it shall be reduced the responsibility of the to advise the other party in writing and presented to within seven (7) calendar days of the Sheriff. If not resolved within five (5) working daysalleged violation of the Agreement and, the Sheriff shall furnish the employee by such notification, arrange a reply in writing. Step 3. If the grievance is not settled at the second step and meeting within fourteen (14) calendar days after between the employee receives General Manager or his designate and a reply in writing from duly accredited Principal Officer of the SheriffLocal union or his designate. Should the fail to reach a satisfactory settlement, the grievance may be submitted to a single impartial Arbitrator. Grievances dealing with discharges and suspensions shall be presented registered in writing within seventy-two (72) hours (Saturdays, Sundays and general holidays excluded) from the time of the discharge or suspension. Should the parties fail to reach satisfactory settlement in the Grievance Hearing Committee (GHC) and notice preceding steps, the final settlement of such appeal the grievance may be submitted to a single impartial Arbitrator, as outlined below. It shall be given to the Sheriff. The GHC shall be comprised responsibility of the County HR Director, party desiring arbitration to so inform the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either other party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on in the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.case of:

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving Step 3 - Three-Member Panel. Grievances not disposed of under the interpretationprocedure prescribed in Section 10.2 of this Article, applicationbecause of a deadlock, or enforcement failure of such Board to act, may be ap- pealed jointly or by either party to a panel consisting of one (1) representative appointed by the terms of this Agreement, Union and one (1) representative appointed by the Employer’s Associ- ation or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in involved if said Employer is not a member of the exercise Employers’ Association. The panel representatives of its rights the Union, and of the Employers’ As- sociation or powers, may become Employer which is not a grievancemember of the Em- ployers’ Association shall come from Cook or Lake Counties. Grievances must be presented in Step 1 This panel will then select an impartial third party to sit as the third member of the panel. If the two representatives are unable to select an impartial third party within ten (10) working days of meeting, then they will im- mediately jointly apply to the American Arbitration As- sociation for a panel of five impartial arbitrators’ names. The representatives will then alternately strike names from the panel. The person whose name remains shall be the impartial third party. Before such name striking procedure commences, both representatives shall have the right to reject one complete panel. Notice of appeal to the panel shall be given within thirty (130) the occurrence days after termination of the event causing procedures pre- scribed in Section 10.2 of this Article. Such notice will be in writing and will be forwarded by certified mail to the grievance; or (2) within ten (10) working days President of the time that an employee reasonably should have known Union, the President of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Employers Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriffother party involved (Employer or Union, as the case may be). If not resolved within five (5) working daysThe panel shall meet promptly to select the impar- tial third party, the Sheriff shall furnish the employee a reply but in writing. Step 3. If the grievance is not settled at the second step and within no event more than fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration receipt of such appeal, unless such time is extended by mutual agreement of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationpanel members. The parties three-member panel shall request the Wisconsin Employment Relations Commission promptly schedule a hearing at which each party shall have a right to appoint pres- ent evidence, examine and cross-examine witnesses, make a Commissioner or member of the staff to serve as the arbitratorrecord and file arguments. The Arbitrator shall make a panel’s duly rendered decision on the grievance which shall be final and binding on both partiesthe Employer(s), Union and employees in- volved. TIME LIMITS: Time limits set forth above may In the event a majority decision is not rendered, the Step 3 procedure will be extended commenced again. The fees and expenses of the third party (arbitrator) and the hearing room shall be shared equally by mutual agreement in writingthe Em- ployer(s) and the Union. All other expenses shall be borne by the party incurring them.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving by an employee with seniority that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the interpretation, application, employee with the Administrator or enforcement his designate within five (5) days after the employee has received his discharge notice. Such grievance shall be taken up at a special meeting with the Union Committee and the Employer. Such special grievances may be settled by confirming the Employer's action in dismissing the employee or by reinstating the employee with or without compensation or in such other manner as is deemed just and equitable in the opinion of the terms conferring parties. Such compensation, however, shall not exceed the amount which the employee would normally have earned, calculated on standard time during the period of discharge. Failing settlement of such special grievance under the foregoing procedure the grievance may be referred to arbitration for final and binding settlement upon the parties. The Employer may institute a grievance consisting of an allegationof a general misinterpretationor violation of this Agreement (by the Union or any employee covered by this Agreement), in writing, at Step Number of the grievance procedure, by forwarding a written statement of said grievance to the Union Representative, providing it is presented within ten 0) working days after the circumstances giving rise to the grievance have originated or a claim by an employeeoccurred; the Union Representative shall give his decision in writing within five (5) working days after receiving the written grievance and failing settlement, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily the grievance may be referred to Arbitration by the Employer in accordance with Step Number of the grievance procedure. The Union may institute a grievance consisting of an allegation of a general misinterpretationor a violation by any action taken the Employer of this Agreement in writing at Step Number of the exercise of its rights or powersgrievance procedure, may become a grievance. Grievances must be presented in Step 1 within providingthat it is presentedwithin ten (10) working days after the circumstances giving rise to the grievance have originated or occurred. However, it is expressly understood that the provisions of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that this clause may not be used to institute a grievance directly affecting an employee reasonably should or employeeswhich such employee or employees could themselves initiate as an individual or group grievance and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have known of the events causing the similar grievances and each employee would be entitled to grieve separately, they may present a group grievance or else the same shall be barred as a grievance. Step 1. If an identifying each employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance who is not settled at the first step within ten (10) days, it shall be reduced to writing and presented grieving to the Sheriff. If not resolved Department Head or designate within five seven (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (147) days after the employee receives a reply in writing from the Sheriff, circumstances giving rise to the grievance shall be presented had occurred, or ought reasonably to have come to the Grievance Hearing Committee (GHC) attention of the employees. The grievance shall then be treated as being initiated at Step Number and notice the applicable provisions of this Article shall then apply with respect to the processing of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governgrievance. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving It is the interpretation, application, or enforcement mutual desire of the terms parties hereto that complaints of this Agreementemployees shall be adjusted as quickly as possible, or a claim by an employee, employees or Association and it is understood that an employee has been discriminated against or treated unfairly or arbitrarily by no grievance until he has first given his supervisor an opportunity to adjust his com- plaint. An employee who has a complaint must bring that complaint to the Employer by any action taken in attention of the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 immediate supervisor within ten five (105) working days of (1) when the employee became, or ought reasonably to have become, aware of the occurrence of which gave rise to the event causing complaint. It is understood that no employee has a grievance until the grievance; or immediate supervisor has been given an opportunity to adjust the complaint and verbally reply which shall be done within five (25) within ten (10) working days of the presentation of the complaint. The employee may take the matter up as a grievance within five (5) days after the supervisor's verbal as follows: Step No. Failing settlement at step number one, the union representative may, within ten days of receipt of the Administrator's reply, request a meeting between the parties. The Administrator shall reply in writing within five (5) days of the date of the meeting set out herein. Failing settlement at step number two, the grievance may be submitted to arbitration as hereinafter provided if the request is made in writing to the other party within five (5) days after the decision has been given at step number two. If the grievance is not forwarded to arbitration within those five (5) days, the grievance will be deemed to have been settled or abandoned. Any and all time limits may at any time be extended by written agreement between the Employer and the Union. The parties recognize that the grievance and arbitration procedures form a vitally important part of this Collective Agreement. Failure by the party having the carriage of the grievance to abide strictly by the terms of those procedures shall mean the grievance shall be deemed to be abandoned. A claim by an employee reasonably should have known who has been unjustly discharged from his employment will be treated as a special grievance and will commence at Step No. of the events causing Grievance Procedure. For the grievance to be arbitrable, the discharged person must submit his written grievance, dated and signed, within five (5) days after the discharge occurs. Such special grievances may be settled by confirming the discharge, or else by reinstating the same shall discharged person with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties. It is agreed that the Union will be barred as a grievance. Step 1notified of the dismissal of any employee in the bargaining unit. If When an employee has completed any continuous month period without any disciplinary action being placed against her record, her record prior to the month period shall not be used as a grievancebasis for any subsequent disciplinary action taken against the employee; except in the cases of incidents involving third party interface, he/residents and families, where the record will remain on file. An employee subject to disciplinary action which is to be recorded in the employee’s personnel file, shall have the right, if she shall first present so requests, to the grievance orally to his/her immediate supervisor, or presence of the Sheriff either alone or accompanied by the Association Union ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days▇ or Union committee member or, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised if either of the County HR Directorabove are not available, the Director of Administration and an “at-large” a member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration representative of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served employee’s choice who is working on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingcurrent shift.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving An employee who is employment, suspended, laid off or from employment the interpretation, application, or enforcement of right end file a grievance with through the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise Union within five days of its rights to the procedure outlined herein. on Standard Grievance Form available) to Captain or powers, may become a grievance. Grievances must be presented in Step 1 Chiof engineer with copy to the within ten (10) working days of (1) the occurrence of the event causing the grievance; Tho Captain or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇ Engineer receipt and reply to the grievance by completing and returning to the a duly Standard Form to tho Union immediately. If not upon receipt by the of the Captain'. or Chief reply, the shall the Standard Grievance to the Union immediately. Within thirty day8 of the Captain's or Chief reply, the of the Vice-President of the Union Within thirty of the date tho grievance is by the Union to the Company'. head office, the Company shall reply enclosing a copy of the duly completed Standard Grievance Form. The Union ahall have the right to grievance in writing to the Company on behalf of all the employee8 in the bargaining unit or a group category thereof within thirty day8 of the giving to grievance or on behalf of an individual member not employed aboard a at time within thirty of the giving to the In both these above the Company reply to a& per clause above. Should the not be within the thirty period provided in above, the matter be referred to within thermafter. Any involving the or alleged violation of any provision of this agreement which ha8 not been settled to the of the and the Union by or negotiation for a modification of agreement or which are not covered by agreement shall not be to arbitration. Arbitration Board of one arbitrator who shall be jointly by the Union and the Company. be made within ten after for arbitration been by party to In the event that the fail within the said ton day to agree upon selection of an arbitrator, the be by either party to the Minister of Labour who and Arbitrator. In the event the Board is by of death, incapacity or rerignation or for any other vacancy ahall filled in is provided herein for the of the Board in the be by both jointly or separately to the arbitrator within day8 of hi6 appointment. The Arbitration Board shall convene within ten following the appointment of the arbitrator of the Board be to the or contained in the or to it by The decision of the Arbitration Board not change, add to, vary or any conditione of agreement. The of arbitrator which the authority of thio arbitration article shall be and binding upon the Company, the Union and all The fee6 and the arbitrator be paid of the grievance or, if the arbitrator the grievance also establish the proper split of the the two in the proportion appropriate to the of that had in the production of the OFFICERS VESSELS for the purpose8 of with member6 aboard of the Company by agreement. of the Union shall be allowed on board at the principal porte by the provided that he shall hi8 pa88 on boarding the Captain or the in the or Officers-in-Charge of the in The Union to the Company the name and relevant particular8 of the bona fide Union authorized by the Union to act a waiver in form to Company claim for any from any accident or in or about Company property thereupon issue a to each enabling him on Company in porte for the herein In the event that privilege is withdrawn from the designated Union the Union will undertake to notify tho Company to revoke Union representative not violate any of agreement or interfere with the aboard the or retard the work of the subject to penalty or revocation of the granted herein. Any revocation shall be to the grievance procedure. The no for passes or through property owned or controlled by others but the Company to with the Union in to such on probation and if found by the Company will in ita A copy of the Seniority ahall be forwarded to tho Union annually thirty compiled. It that in any pronotione to within bargaining Company will on the of ability, An ahall receive vacation pay equal to five percent of earned during the period since payment of An employee having more than full of with the Company receive vacation pay equal to six percent warned during the period payment of of service with tho Company receive pay equal to percent of hi6 earned during the period since payment of accrued vacation pay. right of an employee to receive vacation pay to above ahall not be affected i n any where All vacation pay will be paid out at the of December on separate crew or or €or of or rendering to or ahall be performed at any on immediate all employee6 and notwithstanding any of which might to the contrary no ahall overtime paid for the work in with emergency duties Of which Captain be the Judge. The Captain ▇▇▇. Step 2, whenever he deems it adviaable, require any to In boat or other Such drills not be called upon to do any painting or general maintenance work on deck, their being confined to the duties normally to cook cooking, cleaning taking and placing on board galley and In the event any of the foregoing holidays on a Saturday or a Sunday the following be and at the rate Statutory Holiday. The work performed on a holiday be that on a Sunday. If the grievance is an on a tour of duty but does not settled at the first step within ten (10) days, it shall work on a Statutory he will receive usual wage. If an required to work on a Statutory Holiday he will be reduced to writing and presented paid for each hour worked double one-half basic hourly rate. any statutory during an crew of leave he will be paid a pay. In addition to the Sheriff. If not resolved within five (5) working daysforegoing if an is on board hie for either Day or New Year8 he be paid a bonus of one hundred dollars are kept clean, the Sheriff shall furnish tidy, lighted and ventilated i s practical to do The Company and the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented cooperate to the Grievance Hearing Committee (GHC) and notice of such appeal shall The following be given supplied to the Sheriff. The GHC shall be comprised unlicensed personnel employed on board of the County HR DirectorCompany: A suitable of clean for employee; available, the Director an electric dryer and, where for drying will be made Company to pay coot of Administration maintenance of there by normal wear and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work Any member6 willfully or when scheduling arrangements can be madelinen, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration and/or any of the equipment for or recreational be work be to who are to in cold AND FOR be a6 follows, unless otherwise directed by but in no the hours be altered more than one hour in direction, in an emergency. Supper from to A fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or coffee break allowed member of the staff on each watch, and for crew on day work morning and afternoon. Such coffee for ohall be at the hours of and when the nature of the work as as to serve as For watchkeepere such coffee breaks ohall be taken to the arbitrator. The Arbitrator shall make middle of the watch, and coffee must be Where coffee be allowed every ahall be given in a decision on way that the grievance which shall Night lunches be final available for crews changing and binding on both parties. TIME LIMITS: Time limits set forth above may those called to work fruit and In and to in full nutritional and plentiful quantity at meal such meals ohall fresh Atlantic in once a once per month and that all beef to will be extended by mutual agreement in writing.Canada Grade Red Brand

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving It is the interpretation, application, or enforcement mutual desire of the terms parties that complaints of this Agreementthe employees be adjusted as promptly as possible. Before it can be considered a grievance, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily any complaint must first be discussed by the Employer employee with the appropriate Principal or Supervisor concerned. Such discussion may take place either in person or by any action taken in tele- phone and take place within eight (8) days of the exercise upon which the complaint is based. Where the complaint i s based on events which are outside the jurisdiction of its rights the Principal of the school or powersthe Supervisor where the employee works, may become a grievance. Grievances must be presented in Step 1 discussion shall take place with the appropriate Principal or Supervisor within ten (10) working days of (1) the occurrence of the event causing upon which the grievance; or (2) within ten (10) working days of is based. Where such discussion is in person, the time that an employee reasonably should have known of the events causing the grievance or else the same shall may, if he wishes, be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association his ▇▇▇▇▇▇▇. Step 2. The Principal or Supervisor concerned shall reply to the employee within three days of such discussion taking place. If the grievance complaint is not settled at resolved as a result of the first step within ten (10) days, it discussion in Article the employee shall be reduced to then his grievance in writing and presented to the Sheriff. If not resolved Principal or Supervisor concerned as determined in within five (5) days of the discussion referred to in Article The grievance shall specify in detail the facts of the matter and the article which is alleged to be violated. The Principal or Supervisor shall, i f requested by the employee, arrange for the presence of his ▇▇▇▇▇▇▇. The Principal or Supervisor concerned w i l l give his decision in writing to the employee within three (3) working days. If not then settled in Step the employee may within three (3) working days submit his grievance in writing to the Area Superintendent concerned or his representative or the Superintendent of Business or his representative. The employee accompanied, i f he so wishes, by the Chief ▇▇▇▇▇▇▇ and/or the appropriate ▇▇▇▇▇▇▇ shall be given an opportunity to discuss the grievance with the Area Superintendent concerned or his representative or the Superintendent of Business or his representative within five working days of submission of the grievance. The Area Superintendent concerned or his representative or the Superintendent of Business or his representative shall give his decision in writing within four working days of the discussion. The grievance shall specify the facts and the Section or Sections claimed to be violated or relied upon and the decision shall specify the facts and reasons upon which the decision is based. If not then settled the grievance may, within three (3) working days, be in writing by the Sheriff Union to the Superintendent of Business. ten working days of the the Superintendent of Business w i l l convene a meeting between the Union and a ▇▇▇▇ appointed by the Board for purpose of dealing with the grievance. Not less than two days prior to the meeting the Union shall furnish notify the employee Board in writing of the names of the members of the Union and the Board shall also advise the Union in writing of the names of the officials and/or Board representatives of the Board A t Step there may be present a reply representative of the Union. The decision of the Board or the Union in writing. Step 3. If the case of a Board grievance is not settled at the second step and shall be given in writing within fourteen seven (147) working days after the employee receives a reply in writing from meeting at which it was discussed and shall specify the Sheriff, facts and reasons upon which the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant decision is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governbased. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her or his union representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this Agreementright in advance. The Hospital also agrees, or as a claim by an employeegood labour relations practice, employees or Association in most circumstances it will also notify the local Union. The Hospital agrees that an employee has been discriminated against or treated unfairly or arbitrarily by where a nurse is required to attend a meeting with the Employer by any action taken in Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence nurse of the event causing the grievance; or (2) within ten (10) working days purpose of the time that an employee reasonably should have known meeting. It is the intent of the events causing the grievance or else the same parties that complaints of nurses shall be barred adjusted as quickly as possible, and it is understood that a grievance. Step 1nurse has no grievance until she or he has first given her or his immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse. This discussion may include consultation, advice and assistance from others. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance there is not settled at the first step no settlement within ten nine (109) calendar days, it shall then be reduced taken up as a grievance within nine (9) calendar days in the following manner and sequence: The nurse may submit a written grievance, through the Union, signed by the nurse, to the Chief Nursing Officer or designate. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Chief Nursing Officer or designate will deliver her or his decision in writing and within nine (9) calendar days following the day on which the grievance was presented to her or him. Failing settlement, then: Within nine (9) calendar days following the Sheriffdecision under Step No. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance may be submitted in writing to the Hospital Administrator or designate. A meeting will then be held between the Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step unless extended by agreement of the parties. It is not settled understood and agreed that a of the Ontario Nurses’ Association and the may be present at the second step meeting. It is further understood that the Hospital Administrator or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Hospital shall be delivered in writing to the Labour Relations Officer and the local Union representative within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Bargaining Unit President or designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Chief Nursing Officer or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the fifteen (15 days aforesaid, or the matter will The grievance shall then be deemed waived and finally settledtreated as being initiated at Step No. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section applicable provisions of this Article shall govern. Step 4then apply with respect to the processing of such grievance. Any grievance The release of a probationary nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.procedure unless the probationary nurse is released for:

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving The release of a probationary employee shall not be the interpretationsubject of a or arbitration. The Hospital agrees that it will not discharge, applicationwithout just cause, an employee who has completed his period. A claim by an employee who his period that he has unjustly discharged shall be treated as a grievance. Such shall be submitted the signed by the the or io the CEO of the Hospital, within seven (7)calendar days after the date the discharge is effected. Such grievance may settled by: the in dismissing the employee, or enforcement reinstating the employee with or without loss of seniority and with or without full for the time lost, or any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as herein provided. no written request for is received within fourteen (14) calendar days after the decision under the foregoing procedure is given, the grievance shall be deemed to have been abandoned. All agreements reached under the grievance procedure between the representatives of the terms Hospital, the representatives of the Union and the will be final and binding upon the parties. When either party requests that any matter be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within seven (7)calendar days thereafter, the other party shall appoint its nominee, provided if such party fails to appoint its nominee as herein required, the of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon a Chair of the Arbitration Board. If they are unable to agree upon such a Chair within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chair. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided. No matter may be Submitted to arbitration which has not been carried through all requisite steps of the grievance procedure. The Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, or a claim by an employeeto alter, employees modify, add to or Association that an employee has been discriminated against or treated unfairly or arbitrarily amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the Employer by any action taken in the exercise of its rights or powers, may become a grievanceparties. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence The of the event causing majority, and where there is the grievance; or (2) within ten (10) working days decision of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievanceChair, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time the parties hereto and the Each of the parties will bear the expense of its nominee, the parties will share equally the fees and expenses of the Chair of the Arbitration The time limits set forth above may be extended out in this Article are mandatory and failure to comply strictly with such time limits, except by mutual the written agreement of the parties, shall result in writing.the grievance being deemed to have been abandoned. The parties to this agreement wish to encourage the settlement of grievances as soon as is possible and. wherever possible, without resort to arbitration. For these reasons:

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving Employees shall have the right, upon request, to the presence of a Union ▇▇▇▇▇▇▇ at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement. It is the mutual desire of this Agreementthe parties hereto that complaints shall be adjusted as quickly as possible, or a claim by an employee, employees or Association and it is understood that an employee has been discriminated against no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7)calendar days from the event giving rise to the grievance, or treated unfairly or arbitrarily by from when the Employer by any action taken in the exercise of its rights or powers, may employee should have reasonably become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence aware of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing giving rise to the grievance or else the same and, failing settlement within seven (7) calendar days, it shall then be barred taken up as a grievance. Step 1. If an grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee has a grievance, he/she shall first present must submit the grievance orally in writing signed by him to his/her his immediate supervisorsupervisor and may be accompanied, or the Sheriff either alone or accompanied if he so desires, by the Association his union ▇▇▇▇▇▇▇. Step 2. If The grievance shall identify the grievance is not settled at nature of the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working daysgrievance, the Sheriff shall furnish remedy sought, and should specify the employee a reply in writing. Step 3provisions of the Agreement which are alleged to have been violated. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply The immediate supervisor will deliver his decision in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee within seven (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (57) calendar days following the expiration day on which the grievance was presented to him. Failing settlement, then: Within seven (7) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union ▇▇▇▇▇▇▇, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the fifteen (15 days aforesaid, Hospital or his designate. A meeting will then be held between the matter will be deemed waived and finally settled. In matters where suspension Chief Executive Officer or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes his designate and the rules set forth in Grievance Committee within seven (7)calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is further understood that Section either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 be delivered in writing served on within fourteen (14)calendar days following the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member date of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingsuch meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving difference concerning the dismissal, discipline or suspension of any employee or the interpretation, application, application or enforcement of the terms operation of this AgreementAgreement or any alleged violation thereof, or a claim by an employeeincluding any question as to whether any matter is arbitrable, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken shall be dealt with without stoppage of work in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten following manner: Within fifteen (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (1015) working days of the time that an employee reasonably should have known date on which the incident giving to the grievance occurred or of the events causing date when the grievance first became aware of the incident, whichever is later, the aggrieved up the matter with their immediate supervisor. or else in the same shall be barred as a grievance. Step 1absence the Division Head or Department Head. If an employee has a Within ten working days of receiving the grievance, he/she the immediate supervisor and the shall first present meet to attempt to resolve the grievance orally to his/her immediate supervisormatter, or At the Sheriff either alone or accompanied by option of the Association aggrieved employee a Shop ▇▇▇▇▇▇▇ or Union representative may be present at the meeting. If the matter is not resolved within ten days of the meeting date set out in step one above, the aggrieved employee together with a Shop . Step 2▇▇▇▇▇▇ or other Union representative shall, within ten (10) days, meet and discuss the matter with the Department Head. If the grievance is not settled at within ten (10) days of the first step meeting with the Department Head, the shall, within ten (10) days, it shall be reduced to writing and presented referred to the Sheriff. If not resolved within five (5) working days, Personnel Administrator and the Sheriff shall furnish the employee a reply in writing. Step 3Union Business Representative. If the grievance is not settled within ten (10) days of being referred to the Personnel Administrator and the Union Business Representative the matter shall, within ten (10) working days, be referred to the Manager. If the matter is not settled in Step above within ten days of being referred to the Regional Manager, the matter may be referred by either party to a Board of Arbitration as provided for in Clause for and conclusive determination. If the grievance has not advanced to the next stage under Step or within the stated time limits and the onus for delay is upon the Union, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the grievance has not advanced to the next stage under Steps or within the stated time limits and the onus for the delay is on the Employer, then the grievance will be deemed to have succeeded and all appropriate steps to remedy the matter shall be taken forthwith by the Employer. Extensions to the time limits as contained herein may be made by mutual consent of the parties. The Employer agrees not to introduce as evidence in any hearing any document from the tile of an employee, the existence of which the employee was not aware of at the second time of filing. When a “dispute”, as defined in the industrial Relations Act, arises between the parties, including any concerning the interpretation, application, operation or alleged violation of this Agreement which does not specifically involve an employee, the Union may submit the matter, in to the Personnel Administrator. if a satisfactory settlement is not reached with the Personnel Administrator within ten days, such matter may be referred to the Manager at step of Clause if a satisfactory settlement is not reached with the Regional Manager within ten (10) days, such matter may be referred to Arbitration under Clause step and as provided for in Clause A Board of Arbitration shall consist of one person to be appointed by the Employer and the unless either party indicates that they want a three (3) person Board of Arbitration which shall consist of one (1) person appointed by each party and a to be selected by the two so appointed. Where the parties are using a one person Board of Arbitration, the Employer and the shall mutually agree on the person within fourteen (14) calendar days after of the employee receives referral under Clause Step Where the parties are using a reply in writing from the Sheriffthree (3) person Board of Arbitration, the grievance Employer and the Union shall be presented to the Grievance Hearing Committee appoint their respective representative within seven (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (157) calendar days of the referral under Clause Step The two representatives shall select a chairperson within a further seven (7) calendar days Where the parties are unable to agree on a person to be a Arbitrator or a chairperson, as the case may be, either party may submit apply to the matter Minister of Labour to Step 4 within five (5) calendar days following make the expiration appointment. In all other respects, the provisions of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee Industrial Relations Act shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. apply The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member decision of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which Board of Arbitration shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended parties Each party shall bear the expenses of the arbitrator appointed by mutual agreement in writingsuch party and pay half the expenses of the chairperson.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving For the purpose Of this Agreement, a grievance or complaint is defined as a arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or enforcement alleged the Agreement. The grievance shall identify the nature of the terms grievance, the remedy sought, and should, where possible specify the pro- visions of this Agreement, the Agreement which are alleged to have been At the formal. discipline is imposed or a claim by an employee, employees or Association that at. any stage of the grievance procedure an employee has been discriminated against or treated unfairly or arbitrarily by shall have the Employer by any action taken in right, upon request, to the exercise presence of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If In the case of suspension or discharge, the Hospital shall of his right in advance. notify the Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as and it is understood that an employee has no grievance is not settled at he has first given his immediate supervisor the first step opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if so desires. Such complaint shall. be discussed his immediate super- visor within ten (10) five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be reduced taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence. step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇,. The immediate supervisor will deliver his decision in writing and within days following the day on which the written grievance was presented to him. Failing settlement then: step Within five days following the Sheriff. If not resolved decision under Step 1 the employee, accompanied union ▇▇▇▇▇▇▇, or the union Head, who will deliver his decision in writing within five (5) working daysdays following the day on which the grievance was to him. This step may be omitted where the employee's supervisor and Department Head are the same person. Failing settlement then: Within five days following the decision in the preceding step, grievance be submitted in writing to the Chief Executive Officer of the Hospital or the designated Hospital representative. A. meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the union representatives who may be accompanied the gen- eral of the Union within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties, The decision of the Hospital shall be delivered in writing within ten days following the of such meeting. -Po-licy Grievanc-e- A complaint or arising directly between the Hospital and the Union concerning the interpretation, applica- tion or alleged violation of the Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. It is expressly understood,, however, the Sheriff provisions of this may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall furnish the employee a reply in writing. Step 3. If not be thereby by-passed Where the grievance is not settled at a Hospital grievance it shall be filed with the second step Grievance Committee. Gr-o-u-p Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may sent a group grievance, in identifying each employee who is grieving, to the Head , or his within fourteen ten (14IO) days after the employee receives a reply in writing from the Sheriff, circumstances giving rise to the grievance have occurred. The grievance shall then be presented treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the Grievance Hearing Committee (GHC) and notice handling of such appeal shall grievance. - - -Gri-eva-nce- an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be madeemployee, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above who may be extended accompanied by mutual agreement in writing.a union the discharge is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by:

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving A grievance shall be a difference of interpretation of this Agreement or an alleged violation concerning the interpretationmeaning, application, application or enforcement administration of the terms provisions of this Agreement. Every grievance shall be subject to the grievance and arbitration procedures set out in this Article. STEP 1 When a Nurse has a grievance she may, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 within ten seven (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (107) working days of the time that an employee reasonably should have known discovery or occurrence of the events causing incident giving rise to the grievance, first discuss the grievance or else with the same Director of Nursing, who shall be barred as a grievance. Step 1. If provide her with an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step answer within ten seven (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (57) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If STEP 2 Should the grievance is verbal answer given by the Director of Nursing or her representative not settled at be acceptable to the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffgrievor, the grievance shall be presented submitted in writing to the Grievance Hearing Committee Administrator or designate within seven (GHC7) working days of the receipt of the grievance. The Administrator or designate shall give a decision in writing within seven (7) working days of the receipt of the grievance. (a) If the decision of the Administrator is not acceptable to the grievor, the grievance shall be referred to the Union; and, if supported by the Union, shall be referred to the Operations Manager or designate within seven (7) working days of the grievance. (b) The Administrator, or designate and notice Operations Manager shall convene a meeting as soon as reasonably possible with the Union if requested to do so by either party. The Administrator or Operations Manager shall reply in writing within seven (7) working days of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingmeeting. If the grievance decision of the Administrator or Operations Manager is not resolved acceptable to the Union, the Union shall notify the Operations Manager in writing within fifteen (15) calendar working days either party may submit that the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter grievance will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall governproceeding to arbitration. Step 4. Any grievance not settled in Step 3 above 14.01 For the purpose of Article 14, “working day” excludes Saturday, Sunday and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingHolidays.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or enforcement alleged violation of the terms Agreement including any question as to whether a matter is . It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar days following advice of her immediate supervisor's decision in following manner and sequence: -No. 1- The nurse may submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought should identify the provisions of the Agreement which are all to be violated. The immediate supervisor will deliver her decision in writing within ‘calendar days the day on which the grievance was presented to her. Failing settlement, then: Within nine calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine calendar days from the date on which the written grievance was presented to her, The parties may, if they so desire, meet to discuss grievance at a time suitable to both parties. settlement, Step N-o. -3 Within nine calendar days following the in Step No. the grievance may be submitted in writing to the Hospital Administrator her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine calendar days of the submission of the grievance Step No. 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the may be present at the meeting. It-is further understood that the Hospital Administrator or her designate may have such counsel and assistance as she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine calendar days the date of such meeting. A complaint or Hospital and arising directly between interpretation, or alleged Agreement shall be originated at Step No. fourteen calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if written statement of such grievance is lodged by the nurse with the Hospital at Step No. 3 within seven days after the date the discharge or suspension is effected. special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital action in dismissing the nurse; or reinstating the nurse or without loss of seniority and with or without full compensation for the time lost; by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse who has her period, without just cause. Failing grievance interpretation, application, or alleged violation of this Agreement, or including any question as to whether a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, matter is such grievance may become a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred submitted to arbitration as a grievance. Step 1hereinafter provided. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step no written request for arbitration Is received within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) eighteen calendar days after the employee receives a reply in writing from the Sheriffdecision under Step No. 3 given, the grievance shall be presented deemed to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffhave been abandoned. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from Where a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant written request is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) postmarked sixteen calendar days either party may submit after the matter to decision under Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter No. it will be deemed waived to have been received within the time limits. All agreements reached under the grievance procedure between the representatives of the and finally settledthe representatives of the Association will e final and blinding upon the Hospital and the Association and the nurses. In matters where suspension or dismissal without pay or benefits are an issueAssociation grievances shall be on the form set out in Appendix When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, that if such party fails to name a nominee as herein required, the Finance, Personnel and Economic Development Committee Minister of Labour for the Province of Ontario shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal have power to Step 4 in writing served on the opposite party to include the Sheriff effect such appointment upon application thereto by the party appealing, shall be subject to arbitrationinvoking the arbitration procedure. The parties nominees shall attempt to select by agreement a chairman of the Arbitration Board. they are unable 'to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Wisconsin Employment Relations Commission Minister of Labour for the Province of Ontario to appoint a Commissioner chairman. No grievance. may be appointed as an arbitrator who has been in an attempt to or member settle the No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the staff to serve as the arbitratorGrievance Procedure. The Arbitrator shall make a Arbitration Board be to decision on inconsistent the grievance which shall Agreement,, nor to alter, modify, add to or amend any part of this Agreement, The proceedings of the Arbitration will be expedited by the parties hereto and the decision of the majority and there is no majority the decision of the chairman will be final and binding on both partiesupon the parties and the nurse or nurses concerned. TIME LIMITS: Time Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set forth above out in the Grievance and Arbitration Procedures herein are mandatory and to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever the Arbitration Board is referred to in the Agreement, the parties may be extended by mutual agreement mutually agree in writingwriting to substitute a single Arbitrator for the Board at the time of reference to arbitration and other provisions referring to the Board appropriately apply.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any A complaint or between the Agency and the Union concerning the interpretation,, application or alleged violation Agreement may be submitted in writing by either party within days following the circumstances giving rise to the complaint or grievance. grievances will be submitted to .the Executive Director or to designate. such a grievance cannot be resolved within ten 0) working days, by discussion between Agency and the Union, such grievances be referred to arbitration under Article of this Collective Agency grievances will be submitted to the Local's President or to designate. such a grievance cannot be resolved within ten (IO) working days, by discussion between the Union and Agency, such may be referred to arbitration under Article this Collective Should any grievance fail to be satisfactorily settled in the foregoing procedure, either party may, within fifteen 5) working days following receipt of the reply at Step notify the other party, in writing, of its desire to submit the grievance to arbitration. If a grievance is unresolved after Step and prior to applying to arbitration, either party may, with the consent of the other party, apply to the Ministry of Labour to request the assistance of a Grievance Mediator to help resolve the grievance. The results will be non-binding. If a grievance is unresolved, the Union and the Agency may agree upon a sole arbitrator to hear the matter, and for this purpose will exchange nominations. Failing agreement between the Union and the Agency within thirty (30) working days, as to a sole arbitrator to be appointed, either party may refer the matter, within four (4) working days thereafter, to a Board of composed of three (3) members, and either the Union or the Agency may inform the other in writing of its desire to submit the matter involving to arbitration a three- person Board, and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice, shall, within thirty (30) working days advise the other party of the name of appointee to the Arbitration Board. The two appointees so selected shall within thirty (30) working days of the appointment of the second of them, appoint a third person who shall be Chairman. If either party fails to make the required appointments within the time designated, either or both parties may request the Minister of Labour for Ontario to fill the vacancies.. person may an arbitrator who is or the Agency or an employee of either the Union Agency involved in attempts to negotiate or settle the grievance. I shall and ne h a 'by The the decision Arbit oa there of th e hai an I I The decision Arbitration Board Arbitration before it is the parties involved, It not .referred to working the 'have been grievance may be processed 'to arbitration has been processed through the grievance procedure and within the time by this collective agreement. Time shall be by excluding Saturdays, Sundays holidays listed in this agreement. If a grievance has into the grievance procedure is not processed any of the limits set this this is Failure ofthe to its shall permit the aggrieved employee to to succeeding step, provided the grievance ai this step within ten days after expiration of the said The time limits fixed in both the grievance and arbitration procedures may be extended by consent of the parties in writing. It is understood and agreed that the Arbitration Board shall have authority only to settle disputes under the terms of this agreement and may interpret and apply this agreement to the facts of the particular grievance involved. grievances arising from the interpretation, application, administration or enforcement of the terms alleged violation of this Agreementagreement, or including a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become question as to whether a grievance. Grievances must be presented in Step 1 within ten (10) working days of (1) the occurrence of the event causing the grievance; or (2) within ten (10) working days of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance matter is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealingarbitrable, shall be subject to arbitrationarbitrable. The parties Board of Arbitration shall request have no power to alter, add to, subtract from, modify or amend this agreement, nor to give any decision inconsistent with it, nor shall any practices or customs become binding unless they are acknowledged in writing between the Wisconsin Employment Relations Commission to appoint a Commissioner or member of Executive Director and the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writingUnion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievance. Any matter involving An Employer grievance shall be defined as a grievance initiated by the interpretationEmployer. An Employer grievance shall be set forth in writing, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily signed by the Employer by any action taken in and presented to the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 Union within ten (10) working days from the date of (1) the occurrence of the event causing circumstance giving rise to the grievance; or (2) within . The Union shall have ten (10) working days from date of receipt of the time that grievance in which to reply in writing to the Employer. If the reply provided by the Union does not resolve the grievance and the Employer wishes to proceed with the grievance, then within ten working days of receipt of the Union's reply, the grievance may be referred to arbitration in accordance with the provisions of Clause A Union grievance shall be defined as a grievance initiated by the Union. A Union grievance shall be set forth in writing, signed by the Union and processed in accordance with the grievance procedure as outlined in Clause An employee grievance shall be defined as a grievance initiated by an employee reasonably should have known or group of employees. An employee grievance shall be set in writing and processed in accordance with the grievance procedure as outlined in Clause First Within five (5) working days of the events causing employee becoming aware of a possible grievance, a grievance statement shall be prepared, signed by the employee and taken with or without the ▇▇▇▇▇▇▇ involved, directly to their immediate Supervisor. Alternatively the employee may request the ▇▇▇▇▇▇▇ to present the signed grievance to the Supervisor on the employee’s behalf. The Supervisor may request the presence of the employee in any further process of the grievance. If a settlement is not reached within five (5) working days of the grievance or else being filed at the same shall be barred as a grievance. Step 1. If an employee has a grievanceFirst Stage, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2, either alone or accompanied by a member of the Union Committee, may take a copy of the signed grievance statement to the Administrative Head of the Department concerned. Third If no settlement is reached at the second stage of the grievance is not settled at the first step within ten (10) daysprocedure, it shall be reduced to writing and presented to the Sheriff. If not resolved then within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If days of the grievance is not settled at having been referred to the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriffstage, the grievance shall may be presented referred to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised third stage of the County HR Director, the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of grievance procedure. Within five (5) department headsworking days of the grievance being referred to the third stage a meeting will be arranged for between the Union representatives and the President (Administration) or designate. The participating “at large” member shall not be affiliated with the grievant’s department date of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved within fifteen (15) calendar days either party may submit the matter to Step 4 within five (5) calendar days following the expiration of the fifteen (15 days aforesaid, or the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, such meeting shall be subject to arbitration. The parties shall request the Wisconsin Employment Relations Commission to appoint a Commissioner or member of the staff to serve as the arbitrator. The Arbitrator shall make a decision on the grievance which shall be final and binding on both parties. TIME LIMITS: Time limits set forth above may be extended by mutual agreement in writing.between the Union and the Employer. In any subsequent meetings arranged by the Vice-president

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving Where more employees have identical grievances each employee would be entitled to grieve all such employees shall sign a grievance and submit the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily by the Employer by any action taken in the exercise of its rights or powers, may become a grievance. Grievances must be presented in grievance at Step 1 within ten (10) working calendar days of (1) the occurrence of the event causing giving rise subject to all applicable Grievance Procedure. procedure. cases, for the grievance; or (2) within ten (10) working days purpose of the time that an employee reasonably should have known of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and within fourteen (14) days after the employee receives a reply in writing from the Sheriff, the grievance shall be presented considered have to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriff. The GHC shall be comprised requirements of the County HR DirectorProcedure. Similarly, if the Director of Administration and an “at-large” member selected by Union does not proceed to next step within the HR Director from a rotating list of five (5) department heads. The participating “at large” member shall not time is deemed to be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearingwithdrawn. If the Union requests that a grievance is not resolved within fifteen (15) be arbitration, as hereinbefore provided, make such request in writing addressed party to this agreement, and at the same name a nominee. Within ten calendar days either cays thereafter the other party may submit name a nominee, provided, however that if such party fails to name a as herein required, the matter to Step 4 within five (5) calendar days following the expiration Office of Arbitration of the fifteen (15 days aforesaid, or Ministry of Labour of the matter will be deemed waived and finally settled. In matters where suspension or dismissal without pay or benefits are an issue, the Finance, Personnel and Economic Development Committee Province of shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal have power to Step 4 in writing served on the opposite party to include the Sheriff effect such upon application hereto by the party appealinginvoking the arbitration procedure. nominees shall to by a chairman of the Arbitration Board. If are unable to upon such a chairman a period of fourteen calendar days, they shall then request the Office of Arbitration of Ministry of Labour of the Province of Ontario appoint a No person may be subject appointed as an arbitrator who has been involved in an attempt to arbitrationnegotiate or settle the grievance. No matter may be submitted to arbitration which not been properly carried through all requisite steps of the grievance procedure. The parties Board of Arbitration shall request the Wisconsin Employment Relations Commission not have any power to appoint a Commissioner amend, alter, modify or member add to any of the staff provisions of this agreement or to serve as substitute any new for any existing provisions, nor to give any decision inconsistent with the arbitratorterms and of agreement. The Arbitrator shall make a of the Arbitration Board will be expedited hereto and the decision on of the grievance which shall where there is no majority, the of the chairman will be final and binding on upon hereto and the employees or employees Each will bear the of the by it and the parties will share equally fees and expenses, if any, of the of Board. The time in both the grievance and procedures herein are mandatory and by failure to comply strictly with such limits except written agreement of the parties, shall abandoned to the provisions of Section of Labour Such time limits shall Sundays and paid holidays. TIME LIMITS: Time limits set forth As an to the above provision if the Hospital or Union requests that a grievance be submitted the parties may mutually agree to a sole arbitrator. The parties agree to share fees and expenses related to the sole arbitrator. days a! A new employee will be extended by mutual agreement considered or. of work from of last hire (337.5 hours of work for employees whose regular hours of work are other than the standard work day). Upon completion such probationary period, the employee shall be credited with seniority from date of last hire. The dismissal of a probationary employee shall not be the subject of a grievance and is at the sole discretion of the Hospital unless the probationary employee is released for reasons which are arbitrary, discriminatory, in writingbad faith or for exercising a right under this agreement.

Appears in 1 contract

Sources: Collective Agreement

Grievance. Any matter involving the interpretation, application, or enforcement of the terms of this Agreement, or a claim by an employee, employees or Association that an employee has been discriminated against or treated unfairly or arbitrarily Grievance Filed by the Employer Union or by any action taken the Board. The Union or the Board may lodge a grievance in writing against the exercise of its rights or powers, may become a grievance. Grievances must be presented in Step 1 other within ten fourteen (10) working 14)calendar days of (1) the occurrence after detection of the event causing which gave rise to the grievance; . The Board or (2) within ten (10) working days a representative committee of the time that an employee reasonably should have known Board shall meet with the Executive of the events causing the grievance or else the same shall be barred as a grievance. Step 1. If an employee has a grievance, he/she shall first present the grievance orally to his/her immediate supervisor, or the Sheriff either alone or accompanied by the Association ▇▇▇▇▇▇▇. Step 2. If the grievance is not settled at the first step within ten (10) days, it shall be reduced to writing and presented to the Sheriff. If not resolved within five (5) working days, the Sheriff shall furnish the employee a reply in writing. Step 3. If the grievance is not settled at the second step and Union within fourteen (14) calendar days from the date the grievance was received by the opposite party. The decision of the Board or the Union shall be forwarded in writing together with the reasons therefore to the party lodging the grievance within seven (7)calendar days after the employee receives a reply meeting. If the rejects the decision, the shall notify the opposite party in writing from accordingly within seven (7)calendar days after receiving the Sheriff, the grievance shall be presented to the Grievance Hearing Committee (GHC) and notice of such appeal shall be given to the Sheriffdecision. Note: The GHC shall be comprised of the County HR Director, Union will notify the Director of Administration and an “at-large” member selected by the HR Director from a rotating list of five (5) department headsEducation. The participating “at large” member shall not Board will notify the President of the Union. Group grievances may only be affiliated with the grievant’s department of employment. The GHC shall meet at a time when the grievant is not scheduled to work or when scheduling arrangements can be made, allowing the grievant to attend the hearing. If the grievance is not resolved filed within fifteen fourteen (1514) calendar days of either party may submit becoming aware of the matter circumstances giving rise to Step 4 the complaint, or within five fourteen (514) calendar days following after the expiration of event when the fifteen (15 days aforesaid, or event could reasonably have been detected. It is understood that the matter will be deemed waived and finally settledparties may mutually agree in writing to submit the grievance to a mutually agreed upon single arbitrator in Step Three rather than an arbitration board. In matters where suspension or dismissal without pay or benefits the event the parties are an issueunable to agree upon a single arbitrator having previously mutually agreed to proceed to a single arbitrator, the Financeparties may request the Minister of Labour to make the appointment. Grievance Mediation At any stage in the grievance procedure, Personnel and Economic Development Committee shall act as the GHC under S.59.26 (8)(b) Wisconsin Statutes and parties by mutual consent in writing, may elect to resolve the rules set forth in that Section shall govern. Step 4. Any grievance not settled in Step 3 above and timely noticed for appeal to Step 4 in writing served on the opposite party to include the Sheriff by the party appealing, shall be subject to arbitrationusing grievance mediation. The parties shall request agree on the Wisconsin Employment Relations Commission individual to appoint a Commissioner or member of be the staff mediator and the frame in which the resolution is to serve as the arbitratorbe reached. The Arbitrator shall make a decision on timelines outlined in the grievance which procedure shall be final and binding on both partiesfrozen at the time the parties mutually agreed in writing to use the grievance mediation procedure. TIME LIMITS: Time limits set forth above may be extended by mutual agreement Upon written notification of either party to the other party indicating that the grievance mediation is terminated, the timelines in writingthe grievance procedure shall continue from the point at which they are frozen.

Appears in 1 contract

Sources: Collective Agreement