Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps: Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising. Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance. a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day. b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager. c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance. d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union. Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Procedure. An employee A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate Supervisor administrator shall attempt confer with a view to resolve arriving at a potential mutually satisfactory resolution. If the grievance as defined in Clause 16.1 before it is submitted not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the formal Step 1 administrator within five (5) school days, but in no event should the grievance procedure outlined belowremain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. HoweverPSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and Supervisor are unable to resolve time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such potential grievance, it meeting shall be finally held and conclusively settled without stoppage a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of work the foregoing step may be appealed in writing by the following steps:
grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The employee Step 2 administrator or his/her designated representative shall formally take up the grievance meet with the Supervisor from whose grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it arose may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) working school days after the completion of the grievance arising.
Step 2 If hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the employee wishes Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to pursue the grievance further Board. The findings of the employee shallHearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) working school days of having taken after it has received the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, responses to the Department HeadHearing Officer's findings. The Department Head will provide a reply to If no responses are received, the employee in writing Board shall render its final decision within five (5) working school days of after receipt of the grievanceHearing Officer's findings.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor A. Step I A grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up first discuss the grievance with the Supervisor from whose decision it arose appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) working days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance arisingprocedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step 2 II If the employee wishes grievance is not resolved by the informal procedure Step I, or if the grievant elects not to pursue use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance further form, the employee shallgrievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days after such meeting by completing Step II of having taken the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance up with at Step II, the Supervisor in grievant shall complete Grievance Report Form, Step 1III, present such grievance in writing, on a form to be approved by the City and the Union, submit same to the Department Head. The Department Head will provide a reply to the employee in writing Superintendent within five (5) working days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance.
a) If, having received a reply from the Department Headgrievance form, the employee wishes to pursue Superintendent shall meet with the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Managergrievant. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within Within ten (10) working days from of the time meeting, the Superintendent shall write his/her disposition of receiving the grievancegrievance by completing his/her portion of Step III, communicate in writing any mutually agreed findings and recommendations as forwarding a copy to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committeegrievant, the Union wishes to pursue and the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenimmediate supervisor.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and Level 1 With the immediate Supervisor shall attempt to resolve Principal Any teacher may present a potential grievance as defined grievance, in Clause 16.1 before it is submitted writing, to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose building principal within ten (10) working school days after the event or decision upon which the grievance is based comes to the attention of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, teacher. The principal shall set a date within five (5) working school days of having taken the grievance up which is mutually agreeable with the Supervisor in Step 1grievant for a hearing of the grievance. Following the hearing of the grievance, present such grievance in writingthe principal shall give the grievant a written decision and rationale within the next five school days.
Level 2 With the Superintendent If the grievant is not satisfied with the decision of the principal, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee he/she may appeal in writing within five (5) working school days of the receipt of the decision to the superintendent for a hearing of the grievance. The superintendent shall hear the grievance within five school days after the receipt of the request for hearing. Those attending the hearing with the superintendent shall include the grievant, a representative of the grievant, if desired, the building principal, if involved, and the superintendent. The superintendent shall give the grievant a written decision and rationale within five school days of the hearing. If the grievant wishes to meet with the superintendent rather than the designee, the parties will determine a mutually agreeable time.
aLevel 3 With the Board of Education In the event the grievant is not satisfied with the decision of the superintendent, he/she may appeal the decision to the board by notifying the superintendent in writing at least five (5) If, having received a reply from school days prior to the Department Headnext regular meeting of the board. The superintendent shall place the grievance hearing on the agenda. The board may make its decision immediately following the hearing; however, the employee wishes board shall make a decision no later than the conclusion of their next regular board meeting. The clerk of the board will provide the grievant written notification as to pursue the decision of the board and their rationale. Level 4 – Arbitration
a. If the grievance furtherinvolves a claim by the grievant that there has been a violation, misapplication or misinterpretation of the employee shallagreement, and he/she is not satisfied by the decision at level three, he/she may submit to the association a request, in writing, within five (5) working school days of receiving said reply, forward the completed grievance form to the Office receipt of the City Manager. The Manager's Office shall refer board’s decision that the association submit the grievance to arbitration. The association may, by written notice to the board within ten (10) school days after receipt of the request from the aggrieved person, submit the grievance to arbitration if they feel the grievance involves a Grievance Sub-Committee within one (1) working dayviolation misapplication, or misinterpretation of the agreement.
bb. Within ten school days after such written notice of submission to arbitration, the board or its designee, and the association or its designee, will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within ten (10) The Grievance Sub-Committee school days, a request for a list of five arbitrators shall consist be made by either party to the American Association of an appointee Arbitrators in accordance with its procedures. Upon receipt of the Union and an appointee of list, the City Manager.
c) The Grievance Sub-Committee parties shall determine by lot which party shall have the right to jointly investigate all aspects strike the first name from the list. The party having the right to remove the first name shall do so within two (2) school days, and the parties shall have alternately strike until one name remains. The striking process shall take no more than three (3) school days. The person whose name remains on the list shall be the arbitrator.
c. The arbitrator, so selected, will confer with the representatives of the board and the association. If the board contends that the grievance and to interview does not involve a violation, misapplication or misinterpretation of the Grievoragreement, the Supervisorarbitrator will determine whether an arbitrable issue exists. If an arbitrable issue exists, the Department Head arbitrator will hold hearings promptly and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working will issue his/her decision no later than 20 school days from the time date of receiving the grievanceclose of such hearings, communicate or if oral arguments have been waived, then from the date of submission of the final statements and proofs. Neither party shall assert in writing the arbitration proceedings any mutually agreed findings and recommendations as evidence which was not submitted to the definition and resolution other part in prior hearings on this grievance. The arbitrator may not make any decision which requires the commission of an act prohibited by law or which is in violation of the grievance, or its failure to agree, terms of the negotiated agreement. The decision of the arbitrator will be submitted to the Grievor board and the Department Head involvedassociation and will be final and binding upon the parties of interest. Neither the board nor the association shall appeal the ruling of the arbitrator to the district court or any other formal body.
d. The cost of the services of the arbitrator, including per diem, travel and hearing room expenses will be borne equally by the City Manager board and the President of association. All other expenses will be borne by the Unionparty incurring them.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 4 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. An Step 1 - The parties in interest acknowledge that it is usually most desirable for an employee and the immediate Supervisor shall attempt his/her immediately involved supervisor to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowproblems through free and informal communications. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten Within twenty (1020) working days of the last occurrence or incident which is the basis of the complaint, the grievant may present the grievance arisingin writing to the immediately involved supervisor, who will arrange for a meeting to take place within four (4) days after receipt of the grievance. The grievant and/or the Association and the supervisor shall be present for the meeting. The supervisor shall provide the aggrieved party and the Association with a written answer to the grievance within three (3) days after the meeting. Such answer shall include the reasons upon which the decision was based.
Step 2 - If the employee wishes to pursue grievant is not satisfied with the disposition of his/her grievance at Step 1, or if no decision has been rendered within six (6) school days after the presentation of the grievance, then the grievance further may be referred to the employee shall, Superintendent or his/her official designee within five (5) working days of having taken his/her receipt of the grievance up appeal. The Superintendent shall arrange for a hearing with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by grievant and/or the City and the UnionAssociation, to the Department Head. The Department Head will provide a reply to the employee in writing take place within five (5) working days of his/her receipt of the appeal. The parties in interest shall have the right to include in the representation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Upon conclusion of the hearings the Superintendent will have five (5) days to provide his/her written decision to the Association.
a) If, having received a reply from Step 3 - If the Department Head, grievant is not satisfied with the employee wishes to pursue the disposition of his/her grievance further, the employee shall, at Step 2 or if no decision has been rendered within five (5) working days of receiving said reply, forward the completed grievance form to the Office presentation of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) the Superintendent the grievance may be referred to the school board. The Grievance Sub-Committee shall consist of an appointee grievant may present the grievance in writing to the Secretary of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, Board within five (5) working days after the time limit of receiving said reply, Step 2 has been exhausted. The grievant shall state in writing if the Board hearing is to be open or closed. The Board hearing and disposition of the hearing shall be concluded no later than fifteen (15) days after notification of grievance appeal has been received by the Secretary of the Board. Either party reserves the right to refuse to hold a hearing and refer the matter grievance to Step 4.
Step 4 - Binding Arbitration
a. If the grievant is not satisfied with the disposition of his/her grievance at Step 3, or if the Board or grievant has waived Step 3, he/she may within five (5) school days after a decision by the Board, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance involves the interpretation or application of the terms of this agreement, it may by written notice to the City Manager. The City Manager or his designate shall provide a written response to the Union Superintendent, within tenfifteen
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential Level One. A grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance lodged with the Supervisor from whose decision it arose Transportation Director or the appropriate administrator must be within ten (10) working days after the grievant knew or should have known of the event or action giving rise to the alleged grievance. Continuing grievances shall be recognized but any relief afforded may be limited to the time period within which grievances are to be filed. The grievance arising.
Step 2 If the employee wishes to pursue conference shall occur within five (5) work days after the grievance further is filed. The grievant shall be accompanied by the employee shalllocal Representative and/or any other OAPSE agent. Level Two. In the event a grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) working work days of having taken the Transportation Director's or of the appropriate administrator's written decision at Level One, a copy of the grievance up with the Supervisor in Step 1Superintendent. Within five (5) work days after such written grievances is filed, present such grievance in writingthe grievant, on a form to be approved by the City Association Representative and the UnionPrincipal, Superintendent and/or his designee shall meet to attempt to resolve the Department Headgrievance. The Department Head will provide a reply to the employee in writing Superintendent or his designee shall submit his decision within five (5) working days of receipt the Level Two meeting and to the grievant and the Association. For all grievances except those protesting an employee’s termination the decision of the grievance.
a) If, having received a reply from Superintendent at Level Two shall be the Department Head, the employee wishes to pursue final decision in the grievance further, procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the employee shall, within five (5) working days of receiving said reply, forward aggrieved is not satisfied with the completed grievance form to the Office disposition at Level Two of the City Managergrievance procedure, he/she may initiate Level Three of this procedure. The Manager's Office shall Association may refer the grievance to a Grievance Sub-Committee the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within one thirty (130) working day.
b) The Grievance Sub-Committee shall consist of an appointee days of the Union date on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and an appointee Conciliation Service (FMCS) or Arbitration Mediation Services (AMS). The Board and the Association shall split the cost of the City Manager.
clist. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) The Grievance Sub-Committee submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the arbitrator has the right and duty to jointly investigate all aspects of apportion the grievance and costs to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievanceeach party as that arbitration case dictates.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An A. Level One
1. As soon as the employee and becomes aware of an event, which leads to a grievance, the immediate Supervisor employee or one designated member of a group having a grievance, shall request that a meeting be held with the particular administrator involved. The purpose of this meeting shall be an attempt to resolve a potential the matter informally. Persons proper to be present at this meeting shall include the particular administrator involved, the aggrieved teacher and/or teachers, and their representatives.
2. If the grievance as defined in Clause 16.1 before it is submitted to not resolved by the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievanceparticular administrator involved, it shall be finally and conclusively settled without stoppage of work reduced to writing, signed by the following steps:
Step 1 The employee shall formally take up grieving, and submitted to the grievance with the Supervisor from whose decision it arose administrator within ten five (105) working school days of the informal conference. The administrator shall give to the grievant his decision within five (5) school days after the grievance arisinghas been submitted to him, in written form, with his conclusion and reasons for such conclusion clearly written thereon.
Step 2 If B. Level Two (Superintendent)
1. In the employee wishes to pursue event the administrator's written decision, as set forth in Level One, shall be unsatisfactory, the grieving shall appeal the grievance further to the employee shallSuperintendent, in writing, within five (5) working school days of having taken after the grievance up with the Supervisor Principal's decision has been given in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department HeadLevel One. The Department Head will provide Superintendent or designee shall schedule a reply to the employee in writing meeting within five (5) working school days of receipt with the aggrieved teacher, the teacher’s representative, and the administrator involved, to discuss the appealed grievance. The Superintendent or designee shall submit, to the grieving, a decision, in writing, on the grievance form within five (5) school days after the meeting. The written decision of the grievanceSuperintendent must contain reasons for the conclusion.
a) If, having received a reply from C. Level Three (Board of Education)
1. If the Department Headdecision of the Superintendent shall be unsatisfactory, the employee wishes grieving shall have the right to pursue appeal to the grievance furtherBoard of Education for a hearing of the case. Request for such a hearing before the Board must be made to the President of the Board, the employee shallin writing, within five (5) working school days of receiving said reply, forward after the completed grievance form decision has been submitted by the Superintendent to the Office grieving in Level Two of the City ManagerGrievance Procedure. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee President of the Union and an appointee Board shall arrange a meeting of the City Manager.
c) The Grievance Sub-Committee shall have Board of Education to hear the right to jointly investigate all aspects of appealed grievance at the grievance and to interview the Grievorearliest possible date, however, the Supervisor, hearing with the Department Head and any other person who may have knowledge Board of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, Education shall be scheduled to be held within ten (10) working school days from the time date the President receives the request for appeal hearing from the grieving.
2. The Board of receiving the grievanceEducation shall submit its decision, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agreewriting, to the Grievor and the Department Head involved, the City Manager and grieving(s) with a copy to the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, Association within five (5) working school days following the closing of receiving said replythe appealed hearing, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenand affix their signature thereto.
Appears in 4 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. An employee 5.2.1 Level One
5.2.1.1 A grievance will be discussed with the aggrieved’s principal or immediate supervisor with the objective of resolving the matter informally, at which time, the principal and the aggrieved may discuss the grievance personally, or, if the aggrieved desires, the aggrieved shall be represented and/or accompanied by a member of the Association. The principal may be accompanied by a representative of the Administration.
5.2.1.2 If the principal or immediate Supervisor shall attempt supervisor determines that he or she does not have the authority to resolve a potential deal with the grievance, he or she shall, within two days of the initial discussion of the grievance, refer the grievance as defined in Clause 16.1 before it is submitted writing to the formal grievance procedure outlined belowappropriate administrator with a copy to the aggrieved. The appropriate administrator shall comply with the procedures set forth in this Article.
5.2.1.3 Prior to, at, or within five days of the informal discussion, the aggrieved shall identify to the principal or immediate supervisor that the discussion of that subject matter is or may become a grievance. Within five days of said identification or the informal discussion, whichever is later, the principal or immediate supervisor and the aggrieved shall complete the Grievance Resolution Form (Appendix K-1). However, if the employee principal or immediate supervisor and Supervisor are unable the aggrieved may mutually agree to resolve such potential grievancenot complete the Grievance Resolution Form. The principal or immediate supervisor shall maintain the original completed Grievance Resolution Form and a copy shall be provided to the aggrieved, the Association Grievance Representative, and the Assistant Superintendent of Human Resources or designee.
5.2.2 Level Two
5.2.2.1 If the grievance is not addressed to the satisfaction of the aggrieved within five days of its discussion at Level One, it shall be finally and conclusively settled without stoppage of work stated in writing, on the approved SVVEA Grievance Form (Appendix K-2), signed by the following steps:aggrieved, and filed with the Assistant Superintendent of Human Resources. A copy of any completed Grievance Resolution Form shall be attached to the grievance form, along with any other pertinent documents for the grievance. A copy of the Level Two SVVEA Grievance Form, including any attachments, shall be provided to the principal or immediate supervisor involved in the Level One grievance.
Step 1 The employee 5.2.2.2 Within five days after receiving the grievance, the appropriate administrator shall formally take up communicate a written decision to the aggrieved.
5.2.2.3 A grievance brought forth by the Association may begin on Level Two.
5.2.3 Level Three
5.2.3.1 If the aggrieved is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within five days after the written grievance is filed with the principal, the aggrieved may, within five days thereafter, file the grievance in writing with the Association.
5.2.3.2 If the Association deems the grievance meritorious, the Association will file the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, Superintendent within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of after its receipt of the grievance. A copy of the Level Two SVVEA Grievance Form and attachments, along with any Level Two written response shall be attached to the Level Three grievance form and the grievance shall specify the affected teacher, teachers, or building involved.
a) If, having received 5.2.3.3 The Superintendent and/or a reply from representative will meet with the Department Head, aggrieved and the employee wishes to pursue the grievance further, the employee shall, Association representative within five (5) working days after the Superintendent’s receipt of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right hear and, if possible, to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of resolve the grievance.
d) The Grievance Sub-Committee shall5.2.3.4 Meetings will be scheduled through the Association representative as designated in the Level Three grievance procedure, within ten (10) working days from the time of receiving the grievance, communicate in writing any at a mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionconvenient time.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee A. Step One:
(1) A grievance may be initiated in one (1) of the following ways:
(a) The teacher may approach the building principal concerned and discuss the matter on his own behalf.
(b) The teacher may request that a representative of the Association accompany the teacher and in such case, the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
B. Step Two:
(1) In the event the grievance is not resolved in Step 1, the grievant may file a formal grievance, in writing, with the building principal on the form shown in Appendix A.
(2) The grievance form shall be filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and the immediate Supervisor school central office.
(3) The grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted (1) name the employee(s) involved, (2) state the facts giving rise to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall (3) identify the specific provisions of this Contract allegedly violated, misinterpreted, or misapplied, (4) state the contention of the grievant with respect to the grievance, (5) indicate the specific relief requested, and (6) be finally and conclusively settled without stoppage of work signed by the following steps:employee(s).
(4) The form of grievance should be filed as soon as possible, but any grievance not presented, in writing, in Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose 2 within ten thirty (1030) working days of the grievance arisingtime the grievant knew, or reasonably should have known of the grievance, shall be deemed waived and shall not proceed.
Step 2 (5) At the time of submission, the teacher may request a meeting with the building principal and the Association representative may accompany the grievant. If the employee wishes to pursue the grievance further the employee shallrequested, such meeting shall take place within five (5) working days of having taken after the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Headrequest is made. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and In any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallevent, within ten (10) working days from after receiving the written grievance, the building principal shall communicate his answer, in writing, to the grievant and the Association representative, and said answer shall be attached to the grievance.
C. Step Three:
(1) If the grievance is not resolved in Step 2, the teacher may, within ten (10) days of receipt of the building principal’s answer, appeal to the superintendent, or his designee, by filing the grievance and the principal’s answer, along with a written response of the teacher, if desired, with the Office of the Superintendent, which shall issue receipt thereof. Any such response by the grievant shall be attached to the grievance.
(2) At the time of receiving such appeal, the grievanceteacher may request a meeting with the superintendent, communicate in writing any mutually agreed findings and recommendations as to or his designated representative, the definition and resolution Association representative may accompany the grievant. Such meeting, if requested, shall take place within ten (10) days of the grievancerequest. The superintendent, or its failure to agreehis designated representative, to the Grievor and the Department Head involvedshall give his answer, the City Manager and the President of the Union.
Step 4 Ifin writing, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within no later than five (5) working days after such meeting is held, or if no meeting is held within ten (10) days after the receipt of receiving said reply, refer the matter in writing written appeal properly filed with the Office of the Superintendent. Such answer shall be attached to the City Managergrievance.
D. Step Four:
(1) Within twenty (20) days after receipt of the decision in Step 3, the Association, upon written notice, may submit the grievance to advisory arbitration pursuant to the following procedure:
(a) The two (2) parties shall attempt to select an arbitrator by mutual agreement. If they cannot agree on an arbitrator within ten (10) days after notification is given, the arbitrator shall be selected by the American Arbitration Association in accord with its Rules, which shall likewise govern the arbitration hearing. The City Manager decision of the arbitrator shall be advisory only. The Board shall fully consider the advisory award at a regular or his designate special meeting following the Association’s request and will render a decision regarding the evidence.
(b) The Board and the Association agree that neither party shall provide a written response be permitted to assert in such arbitration preceding any ground or to reply on any evidence not previously disclosed to the Union within tenother party.
(c) The costs of the arbitration under this article shall be divided equally between the Board and the Association.
(d) The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any terms of this Contract.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Master Contract
Procedure. An The parties hereto acknowledge that it is usually most desirable for an employee and the immediate Supervisor shall attempt immediately involved supervisor to resolve problems through free and informal communication. Therefore, nothing contained herein shall be construed as limiting the right of any employee having a potential grievance as defined to discuss the matter informally with his/her supervisor and having the grievance adjusted, provided the adjustment is not inconsistent with the terms of this Agreement. If any adjustment is made, a second meeting will be held if the grievant so requests to discuss said adjustment in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowpresence of an Association representative. However, if such informal processes fail to satisfy the employee and Supervisor are unable to resolve such potential grievanceemployee, it shall a grievance may be finally and conclusively settled without stoppage of work by processed in the following steps:
5.3.1 Step 1 The employee grievant or Association shall formally take up present the grievance with in writing within thirty (30) days of the Supervisor from whose decision it arose time the grievant or Association knew or should have known the occurrence of the event, specifying the Article and clause alleged to have been violated and stating the remedy sought, to the supervisor immediately involved. The supervisor shall provide a written answer to the grievance of the aggrieved teacher within ten (10) working days of after the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from 5.3.2 Step 2 If the Department Headgrievance is not resolved in Step 1, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall grievant or Association may refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, Superintendent or official designee within ten (10) working days from after receipt of the time Step 1 answer. The Superintendent shall arrange a meeting to take place within ten (10) days of receiving his/her receipt of the grievanceappeal. Within ten (10) days of the meeting, communicate in writing any mutually agreed findings and recommendations as the grievant shall be provided with the Superintendent’s response.
5.3.3 Step 3 If the grievant, or Association, is not satisfied with the disposition of the grievance at Step 2, the grievant may submit the grievance to the definition and resolution Board within ten (10) days after the receipt of the grievance, or its failure Superintendent’s written response. The Board shall allow the grievant to agree, present his/her case to the Grievor and Board, in executive session, at the Department Head involvednext regularly scheduled Board meeting, provided the Board had at least ten (10) days notice of the appeal before said regularly scheduled meeting. If the Board has less than ten (10) days’ notice of said appeal, the City Manager and the President grievance shall be heard at a Special meeting to be called within fifteen (15) days of the Union.
Step 4 If, having received filing of said appeal. If the response appeal to the Board is not filed within ten (10) days of the Grievance Sub-CommitteeStep 2 response, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenbe deemed withdrawn.
Appears in 3 contracts
Sources: Negotiations Agreement, Negotiations Agreement, Negotiations Agreement
Procedure. An employee and 5.1 A grievance by a member or group of members will be handled in the immediate Supervisor shall attempt following manner: Step One - The member or group of members, who wish to resolve voice a potential grievance as defined in Clause 16.1 before it is submitted grievance, may address the concern to the formal NKAAA Executive Board. If the board supports the concern, the member may proceed to Step Two. Step Two - The grievant may address the grievance procedure outlined belowto the respective school athletic coordinator or that person’s school designee. HoweverUpon learning of the grievance the school athletic coordinator, if or designee, will set up a meeting within three days. After meeting with the employee and Supervisor are unable grievant, the school athletic coordinator, or designee, will deliver a decision within four days. Should the athletic coordinator and/or designee not resolve the grievance to resolve such potential grievancethe satisfaction of the grievant, it shall be finally and conclusively settled without stoppage of work by the following steps:
grievant has three days to proceed to Step 1 Three. Step Three A - (Procedure for Middle School Grievance) - The employee shall formally take up the grievant may file a grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department HeadDistrict Athletic Director. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution Upon learning of the grievance, or its failure to agreethe District Athletic Director will schedule a meeting within three days. After meeting with the grievant, the District Athletic Director will deliver a decision within four days. Should the District Athletic Director not resolve the grievance to the Grievor and satisfaction of the Department Head involvedgrievant, the City Manager and grievant has three days to proceed to Step Four. Step Three B - (Procedure for High School Grievance) - The grievant may file a grievance with the President school administrator or designee. Upon learning of the Union.
Step 4 Ifgrievance, having received the response school administrator or designee will schedule a meeting within three days. After meeting with the grievant, the school administrator or designee will deliver a decision within four days. Should the school administrator or designee not resolve the grievance to the satisfaction of the Grievance Sub-Committeegrievant, the Union wishes grievant has three days to pursue proceed to Step Four. Step Four – The grievant may file a grievance with the District Athletic Director. Upon learning of the grievance, the District Athletic Director will schedule a meeting within three days. After meeting with grievant, the District Athletic Director will deliver a decision within four days. Should the District Athletic Director not resolve the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response satisfaction of the grievant, the grievant has three days to the Union within tenproceed to Step Five.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An The parties acknowledge that it is usually most desirable for an employee and the his immediate Supervisor shall attempt supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any Employee who has a potential grievance as defined shall submit the grievance in Clause 16.1 before it is submitted writing to the formal Deputy Police Chief specifically indicating that the matter is a grievance procedure outlined belowunder this Agreement. HoweverThe grievance shall contain a complete statement of facts, if the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. Preparation of these written materials shall not be done during the employee's hours of work. All grievances must be presented no later than seven (7) calendar days from the event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The Deputy Police Chief, or the Deputy Chief’s designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Deputy Police Chief or the Deputy Chief’s designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 2: If the grievance is not settled at Step 1 and the employee and Supervisor are unable wishes to resolve such potential grievanceappeal the grievance to Step 2 of the grievance procedure, it shall be finally and conclusively settled without stoppage submitted in writing to the Police Chief within seven (7) calendar days after receipt of work by the following steps:
City's answer at Step 1 1. The employee grievance shall formally take up specifically state the basis upon which the grievant believes that the grievance was improperly denied at the previous step in the grievance procedure. Preparation of these written materials shall not be done during the employee's hours of work. The Police Chief, or the Police Chief's designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven (7) calendar days with the Supervisor from whose decision it arose within ten (10) working days grievant and an authorized representative of the Union at a time mutually agreeable to the parties. If no settlement of the grievance arisingis reached, the Police Chief, or the Police Chief's designee, shall provide a written answer to the grievant and the Union within seven (7) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 If and the employee wishes Union desires to pursue appeal, it shall be referred by the grievance further Union in writing to the employee shallCity Manager within seven (7) calendar days after receipt of the City's answer at Step 2. Thereafter, within five (5the City Manager or the City Manager's designee and the Police Chief or other appropriate individual(s) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved as desired by the City Manager (not to exceed three (3)) shall meet with the grievant and a Union representative and other appropriate individuals as desired by the Union, Union representative (not to the Department Head. The Department Head will provide a reply to the employee in writing exceed three (3)) within five seven (57) working calendar days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City ManagerUnion's appeal. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involvedIf no agreement is reached, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to or the City Manager. The City Manager or his designate 's designee shall provide submit a written response answer to the grievant and Union within tenseven (7) calendar days following the last meeting with the City Manager, or from which all supporting information requested from the Union is received, whichever is later.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Step I, Class A & B: An employee and shall first present his/her grievance to his/her supervisor for settlement. Such presentation shall be made within thirty (30) days following the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted occurrence of the event giving rise to the formal grievance procedure outlined belowor first becoming known to the employee. HoweverThe supervisor shall, if within seven (7) days thereafter, provide to the employee and Supervisor are unable his/her answer to resolve such potential the grievance. Step II, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up Class A & B: If the grievance is not resolved to the grievant's satisfaction in accordance with the Supervisor preceding sub-section, the grievant has seven (7) days from whose decision the answer in Step I or seven (7) days from the time an answer should have been provided in Step I, to move the grievance forward by submitting it arose within in writing to the grievant's supervisor. A statement of the grievance shall contain the following: (1) the facts on which the grievance is based; (2) a reference to the specific provisions in this Agreement which have been allegedly violated; (3) the remedy sought. The parties have ten (10) working days from submission of the written statement of grievance to resolve it through meeting(s). A written statement indicating a disposition of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to shall be approved by the City and the Union, furnished to the Department Headaggrieved. The Department Head will provide a reply to Step III, Class A & B: If no settlement has been reached within the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days referred to in Step II, and the grievant believes the grievance to be valid, the grievant shall submit a written statement of his/her grievance to the District's Superintendent or his/her designee within fifteen (15) days of the written disposition in Step II, or fifteen (15) days from the time of receiving such disposition should have been due. After such submission, the grievance, communicate in writing any mutually agreed findings and recommendations as parties will have fifteen (15) days to resolve the definition and resolution grievance through meetings. A written statement indicating a disposition of the grievancegrievance shall be furnished the aggrieved. Step IV, Class B Only: If no settlement is reached in Step III, Class B, within a specified or its failure to agree, to the Grievor agreed time limit and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue grievant believes the grievance furtherto be valid, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide then a written response to the Union statement of grievance shall be submitted within tenfifteen
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An Procedure for Verbal and Written Reprimands
A) For Verbal and Written Reprimands, if an employee commits an infraction and a counseling is not utilized, he or she will be given a Verbal Reprimand and be placed in Step One of the disciplinary procedure. A copy of the reprimand will be given to the employee, the Union representative, and the immediate Supervisor shall attempt Union President. A Verbal Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. the employee will be notified in writing of the pending charges and the date, time and location of the meeting to resolve discuss the infraction. The reprimand It should be served done in a potential grievance as defined in Clause 16.1 before it is submitted private manner which would not cause embarrassment to the formal grievance procedure outlined below. Howeveremployee.
B) For Written Reprimands, if an employee commits an infraction within twelve (12) months of a Verbal Reprimand, he or she will be given a Written Reprimand and be placed in Step Two of the employee disciplinary procedure. A copy of the reprimand will be given to the employee, the Union representative, and Supervisor are unable the Union President. A Written Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. The reprimand should be served in a private manner which would not cause embarrassment to resolve such potential grievancethe employee. The Local 2058 President, it Vice President, or Chief ▇▇▇▇▇▇▇ or designee shall be finally notified of the meeting at which the reprimand is to be discussed and conclusively settled without stoppage served. Preferably the meeting should occur within five (5) workdays after knowledge of work by the following steps:infraction is gained; but in no case more than fifteen (15) workdays thereafter.
Step 1 C) The Union President, Vice President, Chief ▇▇▇▇▇▇▇, or designee is to be present along with the employee, the Division head and any other necessary management personnel. The employee shall formally take up may not waive the presence of the Union President, Vice President, Chief ▇▇▇▇▇▇▇, or designee. CD) Reprimands may be appealed to Step Two of the grievance with procedure. A meeting to review the Supervisor from whose decision it arose matter is to be held within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallworkdays, with a decision due within five seven (57) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionworkdays thereafter. No further appeal is permitted.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential A grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by processed in the following stepsmanner:
Step 1 1. An employee, with or without their ▇▇▇▇▇▇▇ (or in the ▇▇▇▇▇▇▇'▇ absence, their designated alternate), who has a grievance shall submit it to their immediate non-union supervisor, in writing on the approved grievance form. No adjustment shall be reached without the ▇▇▇▇▇▇▇ that may be inconsistent with this Agreement. The employee supervisor shall formally take up give their written answer in the grievance with appropriate place on the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, form within five (5) working business days of having taken after such presentation.
Step 2. If the grievance up with the Supervisor is not settled in Step 1, present such grievance in writing, on a form to be approved by the City 1 and the Unionemployee wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall be referred in writing to the Department Head. The employee’s Department Head will provide a reply to the employee in writing or their designated representative within five (5) working business days after the City’s answer in Step l, and shall be signed on the same approved grievance form used in Step l, by both the employee and the Union ▇▇▇▇▇▇▇. The appropriate Department Head or their representative shall discuss the grievance within five (5) business dayswith the Union ▇▇▇▇▇▇▇ at a time mutually agreeable to the parties. Theappropriate Department Head or their representative shall give the City's written answer to the Union within three (3) business days following their meeting.
Step 3. If the grievance is not settled in Step 2, and the Union desires to appeal, it shall be referred by the Union in writing on the same approved form submitted at Step 1 with all answers attached, to theAdministrative Officer or their representative within five (5} business days after the City's answer in Step 2. A meeting between the Administrative Officer or their representative and the Chairperson of the Union Grievance Committee shall be scheduled for the purpose of attempting to adjust the grievance at a time mutually agreeable to the parties within five (5) business days of receipt of the grievance.
a) If, having received a reply from . The Administrative Officer or their designee shall give the Department Head, City's written answer to the employee wishes to pursue the grievance further, the employee shall, Union within five (5) working business days of receiving said reply, forward following the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working daymeeting.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and Informal As soon as a teacher becomes aware of an event, which may lead to the immediate Supervisor submission of a written grievance, the teacher or one designated member of a group having a grievance, shall request that a meeting be held with the particular administrator involved. The purpose of this meeting shall be an attempt to resolve a potential the matter informally. Level II - Administration A copy of the written grievance as defined in Clause 16.1 before it is shall be submitted to the formal grievance procedure outlined belowaggrieved’ s immediate administrator within thirty (30) days of becoming aware of the alleged violation. However, if the employee and Supervisor are unable to resolve such potential grievance, it A meeting shall be finally mutually agreed upon between the aggrieved and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose administrator within ten five (105) working days of the filing of the grievance. Either the aggrieved or the administrator may have present such people who may provide information related to the grievance. Discussion at this meeting shall be confined to the issues as stated in the grievance arising.
Step 2 and the relief sought. Within five (5) days of the meeting the administrator shall provide the aggrieved with a written response stating his position and suggestion for resolvement of the grievance. Level III - Superintendent If the employee wishes aggrieved is not satisfied with the suggestion for resolvement received in Level I, he may within five (5) days of receipt of such written response, submit his written grievance to pursue the grievance further superintendent and request a meeting to discuss the employee shallgrievance. The meeting shall be within five (5) days of the request. The meeting shall be conducted in a manner as stated in Level I. Within five (5) days of the meeting the superintendent shall provide the aggrieved with a written response stating his position and suggestion for resolvement of the grievance. Level IV - School Board If the aggrieved is not satisfied with the suggestion for resolvement received in Level II, he may, within five (5) working days of having taken the receipt of such written response, submit his written grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department HeadBoard of Education and request a meeting to discuss the grievance. The Department Head will provide a reply to the employee in writing meeting shall be within five (5) working days of receipt of the grievance.
a) If, having received request. The meeting shall be conducted in a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within manner as stated in Level I. Within five (5) working days of receiving said reply, forward the completed grievance form to meeting the Office Board of Education shall provide the City Manager. The Manager's Office shall refer the grievance to aggrieved with a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union written response stating their position and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances suggestion for resolvement of the grievance.
d) . The Grievance Sub-Committee shall, within ten (10) working days decision of the Board does not necessarily mean concurrence by the Commerce Association of Classroom Teachers or the aggrieved and no other hearing shall prevent the aggrieved from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as securing legal counsel or seeking whatever further legal recourse that is available to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionaggrieved.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Commerce Association of Classroom Teachers Agreement, Commerce Association of Classroom Teachers Agreement, Commerce Association of Classroom Teachers Agreement
Procedure. An a. A requesting person will initiate the review process by submitting a completed reclassification request form to the administrator and employee involved, Human Resources, the Association President, and the immediate Supervisor shall ▇▇▇▇/Executive Director for the employee’s area. The reclassification request form will be made available on the College share drive and will contain inquiries about the employee’s duties and responsibilities, amount of time spent on each duty or responsibility, changes in duties and responsibilities since the position was last classified, and other relevant information. The reclassification request form must be accompanied by a current job description.
b. Within ten business days of receiving the request, the ▇▇▇▇/Executive Director will convene a meeting with the employee, administrator, Association President or designee and the ▇▇▇▇/Executive Director or designee. The purpose of the meeting is to discuss and attempt to resolve reach agreement on facts about the employee’s actual job duties and responsibilities, amount of time spent on each duty or responsibility, changes in duties and responsibilities since the position was last classified, and other relevant information. Within five business days after such meeting, the ▇▇▇▇/Executive Director will issue a potential grievance proposed report of the meeting, setting forth the facts as defined in Clause 16.1 before it is submitted disclosed at the meeting and will circulate the report to the formal grievance procedure outlined belowindividuals who participated in the meeting. However, if Each participant can add comments to the employee report and Supervisor are unable return it to resolve such potential grievance, it shall be finally the ▇▇▇▇/Executive Director within five business days. The ▇▇▇▇/Executive Director will finalize and conclusively settled without stoppage of work by forward the following steps:
Step 1 The employee shall formally take up the grievance final fact report (including comments and all documents submitted in connection with the Supervisor from whose decision it arose request) to the review panel consisting of Vice President for the employee’s area, Human Resources, and the Association President.
c. The Vice President will convene a meeting of the review panel within ten (10) working five business days of receiving the grievance arisingfact report, unless otherwise agreed. The meeting will be for consideration, discussion and recommendation on the question of reclassification. Within five business days after the meeting, the Human Resources representative will draft a written, proposed recommendation to approve or disapprove the reclassification, supported by an explanation of the facts and reasoning supporting the panel’s recommendation. The draft will be circulated to the participants on the review panel, who may add comments and return the draft to the Human Resources representative within five business days. The Human Resources representative will then finalize and forward the recommendation (including comments and all documents submitted in connection with the request) to the Executive Director of Human Resources (or the Senior Vice President for Administration in the absence of the Executive Director).
Step 2 If the employee wishes to pursue the grievance further the employee shall, within d. Within five (5) working business days of having taken receiving the grievance up with recommendation, the Supervisor Executive Director of Human Resources (or the Senior Vice President for Administration in Step 1the absence of the Executive Director) shall make a final decision (approving or disapproving the request), present such grievance in writing, on a form explaining the basis for the decision. Copies of the final decision will be forwarded to be approved by each participant in the City and the Union, procedure leading up to the Department Headfinal decision. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt Time limits may be extended only by mutual written agreement of the grievanceAssociation and Human Resources.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor shall The parties agree to act in good faith to attempt to resolve the grievance promptly and expeditiously. All grievances must be submitted in writing using the grievance form found in Appendix H, stating the facts of the complaint, the section(s) of this Agreement involved and the relief requested at the appropriate initial step. All grievances must progress through the appropriate steps in order to be considered unless the parties mutually agree in writing to file a potential grievance as defined in Clause 16.1 before it is submitted to the formal at an advanced step. A grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by processed in the following stepsmanner:
Step 1 The employee - After verbal notification to their immediate supervisor, any grievant who has a grievance shall formally take up submit the grievance with same in writing to the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, supervising Lieutenant within five (5) working calendar days after the grievant knows, or through the exercise of having taken reasonable diligence, should have known of the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, event giving rise to the Department Headgrievance. The Department Head will provide supervising Lieutenant shall give a reply to the employee in writing written answer within five three (53) working scheduled work days of after receipt of the grievance.
aStep 2 - If the grievance is not settled in Step 1 and an Officer or the Association wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the Police Chief within three (3) Ifcalendar days of the response, having received a reply from the Department Headsupervising Lieutenant. Each Step 2 grievance shall be signed by the Police Officer or Association ▇▇▇▇▇▇▇. The Police Chief, or designated representative, shall discuss the grievance with the Officer, the employee wishes to pursue Association's designated representative and any additional persons the grievance further, the employee shall, parties deem necessary within five (5) working calendar days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances after receipt of the grievance.
d) . The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as Police Chief shall give a written answer to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working calendar days of receiving said replythe meeting.
Step 3 - If the grievance is not settled in Step 2 and the Association wishes to appeal, refer the matter it shall be referred in writing to the City Manager and/or a designated representative within three (3) calendar days after the Association Grievance Committee's approval of an appeal but in no event more than ten (10) days after the Police Chief's answer at Step 2. A meeting between the City Manager and/or representative, the Police Officer, and the Association's designated representative shall be held at a time mutually agreeable to the parties. This meeting shall be held not later than ten (10) calendar days after the grievance has been filed with the City Manager. Should the Association fail to attend the scheduled meeting, the grievance will be considered waived. If the grievance is settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the City Manager, or his representative, and the Association. The City Manager or his designate shall provide give a written response to within five (5) calendar days of the Union within tenmeeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee Grievances as defined in Section 1 shall be settled in the following manner and the immediate Supervisor steps set forth must be followed in the order listed within the time limit prescribed:
Step 1 - The grievance shall be orally presented to the Community Education Manager within ten days after the Coordinator knew or should have known of violation. No settlement in this Step 1 shall be made in violation of the written contract. If a settlement is not reached within two days after oral presentation to the manager, the grievance shall be reduced in writing on a form specified by the Labor Relations and Benefits Department with a clear statement of the issues involved. This shall be presented to the Director who shall promptly transmit the written grievance to the General Counsel for handling in accordance with Step 2.
Step 2 - The General Counsel shall establish a Step 2 hearing with the aggrieved and the Community Education Director. The Step 2 meeting will be held within five days after the Coordinator has filed the written grievance. The time and place for meetings under Step 2 shall be at the discretion of the General Counsel. Counsel and the Director shall prepare a report of the meeting together with a written disposition of the matter and forward copies to the Coordinator and to the Association within five days after the Step 2 hearing. If settlement is not reached in Step 2 within three days of the date of disposition, the grievance is referred to Step 3. Step 3 - Grievances referred to Step 3 shall be discussed between the Association and the General Counsel. This discussion shall take place within five days after the grievance has been referred to Step 3. If agreement is reached as a result of this meeting, Counsel shall issue a disposition of the matter which shall be final and binding. If agreement is not reached, the grievance shall, within three days after the Step 3 meeting, notify in writing the General Counsel that arbitration is required. Step 4 - Arbitration. In cases referred to Step 4, the parties shall attempt to resolve agree on an arbitrator. If agreement is not reached within three days, the petitioning party shall petition the Bureau of Mediation Services for assistance under the rules of the PELRA-71 as amended. The arbitrator shall set the time and place for the Step 4 hearing, the method of procedure, and issue all necessary rulings. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the agreement or of any agreement made supplementary hereto, and shall only be allowed to rule on those cases that apply to the definition of a potential grievance as defined in Clause 16.1 before it is submitted to this article. The decision of the formal grievance procedure outlined below. Howeverarbitrator, if within the employee and Supervisor are unable to resolve such potential grievancescope of his/her power, it shall be finally binding on both parties with the limitations of PELRA-71 as amended. The expense and conclusively settled without stoppage fees of work the arbitrator shall be born jointly by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City Board and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievanceAssociation.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A. Step One: An employee and the immediate Supervisor attempt shall attempt be made to resolve a potential any grievance as defined in Clause 16.1 before it is submitted to informal, verbal discussion between complainant and his or her immediate supervisor.
B. Step Two: If the formal grievance procedure outlined below. Howevercannot be resolved informally, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The aggrieved employee shall formally take up file the grievance with the Supervisor from whose decision it arose in writing within ten (10) working 25 days of the grievance arising.
Step 2 If occurrence of the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Headevent. The Department Head will provide a reply to written grievance shall state the employee in writing within five (5) working nature of the grievance, shall note the specific clause or clauses of the agreement allegedly violated and shall state the remedy requested. Within 15 days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes immediately involved supervisor will arrange for a meeting to pursue take place with the grievant and, if desired, a local Association representative. The immediate supervisor who has authority to make a decision on the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union make such decision and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manageremployee and superintendent within 15 days after the Step Two meeting with the employee.
C. Step Three: In the event a grievance has not been satisfactorily resolved at Step Two, the aggrieved employee shall within 10 days of the immediate supervisor’s written decision or answer at Step Two, file a copy of the grievance with the superintendent. The City Manager aggrieved employee may send a copy of such grievance to the Association president. Failure to file an appeal with 10 days shall be deemed a waiver of the right to appeal. Within 10 days after such written grievance is filed, the aggrieved, a representative of the aggrieved as desired, the principal and the superintendent or his designate designee, shall provide a written response meet to resolve the grievance. The superintendent or his designee shall file an answer within 10 days of the Step Three grievance meeting and communicate it in writing to the Union within tenemployee, the immediate supervisor, and the Association president.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee A. All officers eligible for extra-duty overtime shall be listed on an Overtime Distribution List, with the most senior member of the department on top and the immediate Supervisor shall attempt least senior member on the bottom.
B. The extra-duty assignment communications will be distributed via e-mail to resolve department e-mail addresses and/or cellular phone text message addresses from a potential grievance as defined designated department e-mail address, currently titled “OT Desk.”
C. Upon determining there is a need to fill an extra-duty assignment, the extra-duty assignment will be distributed to all officers on the Overtime Distribution List, via e-mail and/or text message from the designated department e-mail address (OT DESK). Any officers interested in Clause 16.1 working the extra-duty assignment must respond before it is submitted the specified deadline. The extra-duty assignment will then be distributed to the formal grievance procedure outlined belowhighest available position on the Overtime Distribution List. HoweverThe officer will be notified via e-mail or text message he/she has been given the assignment. The officer must acknowledge the assignment before the specified deadline. The acknowledgment deadlines will depend upon the available time for communication, if as follows: For extra-duty assignments more than seven (7) days out, notification from the employee and Supervisor are unable designated department e-mail address will be with 48-hours to resolve such potential grievance, it shall be finally and conclusively settled without stoppage respond. The designated department e-mail address will notify the officer of work the extra-duty assignment within 8-hours of the response deadline. The officer must acknowledge the assignment within 24-hours. If the officer does not acknowledge the assignment by the following steps:
Step 1 response deadline, the extra-duty assignment will be given to the next eligible officer from the response list. For extra-duty assignments three (3) to seven (7) days out, notification from the designated department e-mail address will be made with 24-hours to respond. The employee shall formally take up designated department e-mail address will notify the grievance with the Supervisor from whose decision it arose within ten (10) working days officer of the grievance arising.
Step 2 extra-duty assignment within 8-hours of the response deadline. The officer must acknowledge the assignment within 24-hours. If the employee wishes to pursue officer does not acknowledge the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved assignment by the City and response deadline, the Union, extra-duty assignment will be given to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply next eligible officer from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Managerresponse list. The Manager's Office shall refer the grievance to a Grievance SubFor extra-Committee within duty assignments one (1) working dayto three (3) days out, notification from the designated department e-mail address will be made with 2-hours to respond. The designated department e-mail address will notify the officer of the extra-duty assignment via direct communication within 2-hours of the response deadline. If direct communication is not possible (officer does not immediately answer phone, e-mail or text), the extra-duty assignment will be given to the next eligible officer from the response list.
b) The Grievance SubD. Officers not assigned an extra-Committee shall consist duty assignment will maintain their position on the Overtime Distribution List, regardless of an appointee their response or lack of the Union and an appointee of the City Managerresponse.
c) The Grievance SubE. When an officer is awarded an extra-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievorduty assignment, the Supervisor, officer will not be awarded another extra-duty assignment until all officers next on the Department Head and any other person who may list have knowledge of by-passed (i.e. did not respond to) the circumstances of the grievanceextra-duty assignment opportunity.
dF. The Overtime Distribution List will maintain six (6) The Grievance Sub-Committee shallcolumns of eligibility, within ten representing six (106) working days from opportunities for overtime before the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionlist resets.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee In the event of a recall, affected employees shall be recalled in the order and manner described below.
1. First, employees who have exercised seniority within their classification by accepting another position equal to or lower than the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted position from which they were laid off shall, on the basis of seniority accrued within the classification, have the option of returning to the formal grievance procedure outlined below. Howeverposition they held at the time of layoff, if the employee and Supervisor are unable to resolve such potential grievanceposition is reinstated.
2. Second, it employees shall be finally and conclusively settled without stoppage recalled to the classification from which they were laid off in reverse order of work by the following steps:layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid off from the classification, as well as to employees who were also laid off from the classification, but who exercised their accrued seniority in another classification in which they had previously worked. Employees being recalled in accordance with this provision shall be eligible for any position within the classification which is lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified for the position when it is different from the position they held at the time of layoff.
Step 1 3. The recall of employees from layoff shall be subject to the applicable provisions of Article XIII, Section A.4, dealing with return from leaves of absence.
a. An employee shall formally take have a right to recall for a period of time equal to his/her accumulated seniority at the time of layoff up to a maximum period of two (2) years.
b. In the grievance with event an employee fails to report his/her intent to return to work, or fails to submit a written refusal of recall pursuant to Section 6 below, within seven (7) calendar days following the Supervisor from whose decision it arose date of delivery of a written notice of recall, the employee shall be considered to have quit. Further, such an employee shall also be considered to have quit, in the event he/she fails to report to work within ten three (103) working days of after the grievance arisingdate he/she is scheduled to return to work.
Step 2 If the employee wishes to pursue the grievance further the employee shall4. In certain circumstances, within five (5) working days employees may refuse recall by providing written notification of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, refusal to the Department Head. The Department Head will provide Board within the time limits set forth in Section 5 above.
a. In the event a reply secretary is laid off from a full time position and is recalled to a part-time position, or in the event the secretary is laid off from a part-time position and is recalled to a position of lesser time than that part-time position, the affected secretary may refuse the recall, and still retain his/her recall rights as provided in this Agreement if another laid-off secretary returns to the employee in writing within five (5) working days of receipt of position. If it is necessary for the grievancedistrict to hire a secretary to fill the vacancy, the laid-off secretary will either need to return to the position or resign.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance b. A paraprofessional may refuse recall to a Grievance Sub-Committee within position of lesser time than the position from which he/she was laid off, provided that the time difference between the two positions is an average of more than one (1) working hour per day. A paraprofessional refusing recall in accordance with this provision shall retain his/her recall rights as provided in this Agreement if another laid-off paraprofessional returns to the position. If it is necessary for the district to hire a paraprofessional to fill the vacancy, the laid-off paraprofessional will either need to return to the position or resign.
b) The Grievance Subc. In the event a technology specialist is laid off from a full time position and is recalled to a part-Committee shall consist time position, or in the event the technology specialist is laid off from a part-time position and is recalled to a position of an appointee of lesser time than that part-time position, the Union affected technology specialist may refuse the recall, and an appointee of still retain his/her recall rights as provided in this Agreement if another laid-off technology specialist returns to the City Managerposition. If it is necessary for the district to hire a technology specialist to fill the vacancy, the laid-off technology specialist will either need to return to the position or resign.
c) The Grievance Subd. If an employee refuses recall to a part-Committee time or lesser time position, he/she shall have not be eligible to displace the right to jointly investigate all aspects of employee granted the grievance part-time or lesser time position, even if such position becomes full time or the hours are increased for such position unless the position becomes vacant and to interview is available for employees on the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievancerecall list.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An employee and 1. Level One A grievance lodged with a principal or the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall appropriate administrator must be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days after the grievant could reasonably be assumed to have known of the event or action giving rise to the alleged grievance. Continuing grievances shall be recognized. The grievance arisingconference shall occur within five (5) working days after the grievance is filed. The grievant shall be accompanied by the local Representative and/or any other OEA/NEA agent.
Step 2 If 2. Level Two In the employee wishes to pursue event a grievance has not been satisfactorily resolved at Level One, the grievance further the employee shallAssociation may file, within five (5) working days of having taken the Principal’s or of the appropriate administrator’s written decision at Level One, a copy of the grievance up with the Supervisor in Step 1Superintendent. Within five (5) working days after such written grievance is filed, present such grievance in writingthe grievant, on a form to be approved by the City Association Representative and the UnionPrincipal, Superintendent and/or his designee shall meet to attempt to resolve the Department Headgrievance. The Department Head will provide a reply to the employee in writing Superintendent or his designee shall file his decision within five (5) working days of receipt the Level Two filing and communicate it to the grievant and the Association.
3. Level Three If the aggrieved is not satisfied with the disposition at Level Two of the grievance.
a) Ifgrievance procedure, having received he/she/they may initiate Level Three of this procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall file a reply joint request for a list of arbitrators from the Department Head, the employee wishes to pursue the grievance further, the employee shall, Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five (5) working days of receiving said reply, forward the completed grievance form appeal to the Office arbitration. The cost of the City Managerlist or obtaining the panel shall be split by the parties. The Manager's Office arbitrator shall refer be chosen from a list provided by the grievance to a Grievance Sub-Committee Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the receipt of the FMCS list of arbitrators. Either party may reject one (1) working day.
b) list by notifying the other party prior to striking names. The Grievance Sub-Committee party requesting the new list shall consist of an appointee be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the Union FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and an appointee issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the City Manager.
c) The Grievance Sub-Committee arbitrator shall have be binding on both the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor Board and the Department Head involved, the City Manager and the President of the UnionAssociation.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An The parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the employee, a CMAGE/CWA representative may accompany the employee and to assist in the immediate Supervisor informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance shall attempt be processed according to the following procedure.
(1) If the employee or CMAGE/CWA is unable to resolve a potential grievance as defined in Clause 16.1 before it is submitted informally, a written statement of the grievance shall be prepared, signed by the Grievant and delivered to the formal aggrieved employee's Appointing Authority or designee within fourteen (14) days after the first event giving rise to the grievance procedure outlined below. However, if or within fourteen (14) days after the employee and Supervisor or CMAGE/CWA, through the use of reasonable diligence, could have obtained knowledge of the first event giving rise to the grievance. An employee grievant shall deliver a copy of the written grievance to the CMAGE/CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are unable to resolve such potential grievanceallegedly violated, it shall be finally and conclusively settled without stoppage of work by misinterpreted, or misapplied, the following steps:
Step 1 The employee shall formally take up full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the Supervisor from whose decision it arose grievant within ten (10) working days after receipt of the grievance arising.
grievance. A CMAGE/CWA representative will be allowed to attend the First Step 2 If hearing. By mutual agreement of the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City Department representative and the Union, two CMAGE/CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee President of the Union and an appointee of within ten (10) days after the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of hearing. Second Step: If the grievance and to interview is not satisfactorily resolved at the GrievorFirst Step, the Supervisor, grievant and/or the Department Head and any other person who Union may have knowledge submit the grievance in writing to the Director of the circumstances of the grievance.
d) The Grievance Sub-Committee shallHuman Resources or designee, within ten (10) working days from after receipt of the time City's First Step answer, or within ten (10) days of receiving when the grievanceFirst Step answer was due, communicate in writing any mutually agreed findings whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of Human Resources or designee shall meet with the grievant and recommendations as to the definition and resolution Union President or the Vice-President, and/or a representative of CWA within ten (10) days after receipt of the grievance. The Director of Human Resources or designee, after consultation with the grievant's Appointing Authority or its failure designee, shall give a written answer to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenten (10) days after the hearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee The parties acknowledge that it is usually most desirable for the teacher and the their immediate Supervisor shall attempt supervisor to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowproblems through free and informal communications. However, if should such informal processes fail to satisfy the employee teacher, then a grievance may be processed as follows:
STEP I - The VAFT shall present the grievance in writing stating the alleged violation (including the provision of this Agreement alleged to have been violated), the date(s) of the alleged violation, all pertinent information and Supervisor are unable the resolution sought to resolve the teacher's supervisor. The supervisor will arrange a meeting with the teacher which will take place within five (5) days after receipt of the teacher's grievance statement. The supervisor shall then, within five (5) days following the meeting, give a written answer to the teacher which states the decision, all pertinent information and rationale supporting the response. Each party shall have the right to include in its representation such potential witnesses and counselors as it deems necessary to develop facts pertinent to the grievance, it and this right shall be finally and conclusively settled without stoppage of work by the following steps:apply to each succeeding step in this grievance procedure.
Step 1 The employee shall formally take up STEP II - If the grievance is not resolved at Step I, then the VAFT may refer the grievance in writing, stating alleged violation, all pertinent information, and the supervisor's response, to the Superintendent within five (5) days after its receipt of the Step I decision. The Superintendent shall arrange for a meeting with the Supervisor from whose decision it arose grievant to take place within ten (10) working days after his receipt of the grievance arisingappeal. Upon conclusion of the meeting, the Superintendent will have five (5) days in which to provide a written decision to the grievant.
Step 2 STEP III - If the employee wishes to pursue grievance is not resolved at Step II, the VAFT may refer the grievance further in writing, setting forth the employee nature of the grievance, all available pertinent information and the basis for appeal from the decision of the Superintendent, to the President of the School Board (copy to the Superintendent) within ten (10) days after receipt of the Step II decision. The President of the School Board shall, within five (5) working days days, appoint a panel of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on three Board members to conduct a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, hearing within ten (10) working days days. All information used as evidence in the grievance shall be made available to both parties. The hearing shall be informal and technical rules of evidence will not be observed. The hearing will be in Executive Session. Upon conclusion of the hearing, the panel shall present its findings and make recommendations to the Board. Within ten (10) days, in the presence of the grievant, the Board will hold an executive session and deliberate. At the deliberations, a vote will be called by the Board to agree or disagree in a public meeting. It is not the intent to deprive the Board of its right to discuss matters of grievance in private executive session. The grievant shall be rendered a decision in writing from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union Board within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Negotiated Contract
Procedure. An employee Step 1: The aggrieved employees shall present his/grievance orally to his/her immediate non-bargaining unit supervisor. The aggrieved employees may request that a Union ▇▇▇▇▇▇▇ be present. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner.
Step 2: If the immediate Supervisor grievance is not settled at the first step, the aggrieved employees shall attempt reduce the grievance to resolve a potential grievance writing, as defined in Clause 16.1 before described above, sign it is submitted and present it to the formal department head within ten (10) working days. The department head shall investigate the alleged grievance procedure outlined belowand have a meeting with the aggrieved employees within ten (10) working days of receipt of the written grievance. HoweverThe department head shall notify the aggrieved employees of his/her decision, if in writing, not later than ten (10) working days following the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:meeting date.
Step 1 The employee shall formally take up 3: If the grievance with is not settled at the Supervisor from whose decision it arose 2nd step, the aggrieved employees shall forward the written grievance to the City Manager within ten (10) working days of the grievance arising.
Step 2 If decision of the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Headdepartment head. The Department Head will provide City Manager shall make a reply to the employee decision in writing within five ten (510) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue Step 4: If the grievance furtheris not satisfactorily settled at Step 3, the employee shall, it may be submitted to arbitration within five thirty (530) working days of receiving said reply, forward the completed last grievance form to the Office period. The arbitrator shall be selected by mutual agreement of the City Managerparties. If the parties fail to agree in the first instance on appointment, the Federal Mediation and Conciliation Service or American Arbitration Association, the option resting with the grievant, shall be requested to provide a panel of arbitrators from which a selection shall be made. Hearings before the arbitrator under the preceding sentence shall be conducted in accordance with Federal Mediation and Conciliation Service or American Arbitration Association rules. The Managerexpense for the arbitrator's Office service shall refer be borne equally by the grievance parties. The arbitrator’s decision shall be final and binding but shall have no power to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee alter, modify, amend, add to, or detract from the terms of the Union and an appointee of the City Managercontract.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and Informal Step 1
1. If the immediate Supervisor complaint is not resolved in the informal Step 1 of this procedure, the administrator shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted submit to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage Assistant Superintendent of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallHuman Services, within five fourteen (514) working days following the grievable occurrence, a statement of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City facts and the Union, all relevant materials giving rise to the Department Headgrievance. The Department Head will provide a reply to the employee in writing within five Within fourteen (514) working days of receipt of the alleged grievance, the Superintendent, Assistant Superintendent of Human Services, the administrator whom the grievance is being filed against, the aggrieved and an Association Representative shall meet to discuss the grievance. Within ten (10) days of this meeting, the Superintendent shall respond in writing to the Grievant.
2. If the grievance is not resolved at Step 2 (a) If, having received a reply from the Department Head), the employee wishes grievant may choose to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer take the grievance to Step 3 of this procedure or request through the association that a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of mediator be assigned by the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right Michigan Employment Relations Commission to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of hear the grievance.
d3. If the grievant chooses to go to mediation, the grievance procedure ends at this Step 2, except for cases of dismissal or suspension, which may go to Step 4.
1. If the Superintendent receives no further correspondence within fourteen (14) The Grievance Sub-Committee shalldays after the Step 2 written response, within ten (10) working days from the time grievance will be considered resolved on the basis of receiving the grievanceStep 2 response.
2. If the grievance remains unresolved at the conclusion of Step 2, communicate the Grievant shall notify the Superintendent in writing any mutually agreed findings and recommendations as within fourteen (14) days following the Step 2 written response. The Superintendent shall submit the grievance to the definition and Board’s Personnel Committee for review at its next regularly scheduled meeting. The Board’s Personnel Committee shall make a recommendation for resolution of the grievance within fourteen (14) days of its meeting to review the grievance, or its failure to agree, . A copy shall be provided to the Grievor and the Department Head involved, the City Manager and the President of the UnionGrievant.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and 1. Level One – INFORMAL THEN WRITTEN A teacher shall first discuss the immediate Supervisor shall attempt to resolve a potential alleged grievance as defined in Clause 16.1 before it with the principal personally or accompanied by the teacher’s Association Representative. If the grievance is submitted to not resolved, the teacher may invoke the formal grievance procedure outlined below. Howeverthrough the Association on the proper form, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work furnished by the following steps:
Step 1 Board, within thirty (30) calendar days. Extensions of the time to file will be freely granted upon the first request. The employee grievant shall formally take up the grievance with the Supervisor from whose decision it arose within ten deliver one (101) working days copy of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide principal and a reply second copy to the employee in writing within five Association President. Within one (51) working days calendar week of receipt of the written grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office principal shall meet with a designated representative of the City ManagerAssociation. The Manager's Office principal shall refer the grievance to a Grievance Sub-Committee indicate his/her disposition in writing within one (1) working daycalendar week of such meeting.
b2. Level Two - SUPERINTENDENT If the Association is not satisfied with the disposition, or if no disposition has been made within two (2) The Grievance Sub-Committee calendar weeks, from the date the written grievance was filed or thirty (30) days after the alleged violation, whichever is later, the grievance shall consist of an appointee be transmitted to the Superintendent. If the grievance is not forwarded to the Superintendent within thirty (30) calendar days after the teacher or Association knew or should have known of the Union act or condition on which the grievance is based, then the grievance shall be considered as waived. Within one (1) calendar week from receipt, the Superintendent or designee shall meet with the Association to hear the grievance. If school is not in session, the time lines will automatically be extended to either two (s) calendar weeks or, at either party’s choice, extended until school days are back in session. During the School year, disposition to the Association in writing will be within one (1) calendar week following the meeting. If the Association is not satisfied with the Superintendent’s or Designee’s answer, or no answer is received within two (2) calendar weeks from the date of filing with the Superintendent/Designee, the grievance may be submitted to the next level within two (2) additional calendar weeks.
3. Level Three - MERC MEDIATION If either party requests, the services of MERC mediator will be sought and used in an appointee attempt to resolve the grievance short of arbitration. If the MERC mediator cannot meet within 3 weeks, the moving party may insist that MERC mediation step is skipped and file for arbitration. Level 4 timelines begin after Mediation is concluded or skipped.
4. Level Four – ARBITRATION If the Association elects to submit the grievance to arbitration, it shall notify the Superintendent in writing within three (3) calendar weeks following the disposition at Level Two or Level Three, if applicable.
a. An Arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding.
b. The Arbitrator so selected shall confer with representatives of the City Manager.
cBoard and Association; shall hold hearings promptly; and shall issue a decision not later than Thirty (30) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working calendar days from the time date of receiving the grievanceclose of the hearings or, communicate if oral hearings have been waived, then from the date the final statements and proofs are submitted to the Arbitrator. The Arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power and authority to make any mutually agreed findings and recommendations as decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement.
c. The parties shall usually not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the definition other party. If however, such ground or evidence is asserted or relied upon, the other party may elect to postpone the hearing in order to have time to investigate and resolution submit a rebuttal to that new evidence or ground.
d. The Arbitrator shall have no power to alter, add, to or subtract from the terms of this Agreement.
e. Both parties agree to be bound by the Arbitrator’s award and agree that judgment thereon may be entered in any court of competent jurisdiction for the enforcement of the grievance, or its failure to agree, to the Grievor Arbitrator’s award.
f. The fees and the Department Head involved, the City Manager and the President expenses of the UnionArbitrator shall be shared equally by the parties.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowprocess. HoweverAll grievances, if the employee support of grievances, answers, and Supervisor are unable to resolve such potential grievance, it decisions shall be finally in writing beginning with Level II, and conclusively settled without stoppage of work by must be submitted on the Grievance Form. The Grievance Report Form shall be available in the following steps:
Step 1 places: Superintendent’s office, High School Principal's office, Elementary Principal's office, Community Ed office, Local Association President’s office and Middle School Office. All grievances must follow the steps described in this agreement starting with level one (I) and ending with level (V), with the exception of class or group grievances which have their own procedures (see Section C on Class or Group Grievances). In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be deemed an acceptance of the decision at that level and further proceeding of the case shall be prohibited. The employee shall formally take up teacher has at his/her disposal three (3) procedures for handling his/her grievance: 1) he/she may proceed to process the grievance by himself/herself, 2) with the Supervisor from whose decision it arose Association agent, 3) he/she may elect to have the Association agent confer for him/her.
a. Level One - Oral - Immediate Supervisor: The aggrieved believing that there has been a violation shall within ten (10) working school days of the alleged occurrence of the grievance, orally discuss the grievance arisingwith the Building Principal and the representative of the Local Association in an attempt to resolve the matter. If no resolution is obtained following the discussion, the grievance will continue in accordance with Level Two, on the Grievance form as shown in the Appendix. An oral grievance must contain the following:
1. A synopsis of the facts giving rise to the alleged violation.
Step 2 If 2. Specific sections or subsections of the employee wishes contract alleged to pursue have been violated.
3. Specific relief requested.
b. Level Two - Written - Immediate Supervisor: Any written grievance filed by the grievance further aggrieved must be received within twenty (20) school days from the employee shallalleged violation and no later than ten (10) days after the Level I meeting. The Board hereby designates for its representatives for such purposes, within the Principal in each school building and the program administrator for programs not having a principal. Within five (5) working school days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance, the grievant and/or local association representative shall meet with the building principal or program administrator in an effort to resolve the grievance. The written grievance must include:
1. The signature of the Association President or Grievance Chair.
a) If, having received a reply from 2. A synopsis of the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form facts giving rise to the Office alleged violation.
3. Specific sections or subsections of the City Manager. The Manager's Office shall refer the grievance contract alleged to a Grievance Sub-Committee within one (1) working dayhave been violated.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An Pre-grievance meeting: No grievance shall be entertained or processed unless it is submitted within five (5) business days after the pre-grievance meeting. Within five (5) business days of an alleged violation of the contract, or within five (5) business days after the employee through the use of reasonable diligence should have obtained knowledge of the occurrence of the event giving rise to the grievance and prior to initiating Step 1 by the filing of a grievance, the Union and the grievant shall meet with the Fire Chief or the Chief’s designee to discuss the potential grievance. The discussion shall include the facts and events in the context of the specific contract provisions, and why the Union believes the challenged interpretation or application violates the contract.
Step 1: No grievance shall be entertained or processed unless it is submitted within five (5) business days after the pre-grievance meeting. Any employee covered by this Agreement who has a grievance shall submit it to the supervisor who is designated for that purpose by the City, provided that said grievance shall be in writing on the standard grievance form and signed by both the aggrieved employee and the immediate Supervisor appropriate Union Representative. The supervisor shall attempt to resolve a potential give his/her written answer within five (5) business days after such presentation.
Step 2: If the grievance as defined is not settled in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if Step l and the employee and Supervisor are unable wishes to resolve such potential grievanceappeal the grievance to Step 2 of the Grievance Procedure, it shall be finally referred in writing on the same standard grievance form submitted at Step l to the Fire Chief within five (5) business days after the designated supervisor's answer in Step l and conclusively shall be signed by both the Employee and Union Representative. The Fire Chief, or his/her representative, shall discuss the grievance within five (5) business days with the Union Representative at a time mutually agreeable to both parties. The Fire Chief, or his/her representative, shall respond in writing to the Union within five (5) business days following their meeting.
Step 3: If the grievance is not settled without stoppage of work in Step 2 and the Union desires to appeal, it shall be referred by the following steps:
Union in writing to the Mayor or his/her designated representative on the same standard grievance form submitted in Step 1 l within five (5) business days after the City's answer in Step 2. A meeting between the Mayor or his/her representative and the Chief Union Representative shall be held at a time mutually agreeable to the parties. The employee Mayor or his/her representative shall formally take up give the grievance with City's written answer to the Supervisor from whose decision it arose Union within ten (10) working business days of following the grievance arisingmeeting.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee If the Deputy Secretary deems the Claim Settlement Conference is necessary, the Deputy Secretary or a designee may convene the Claim Settlement Conference.
1. The Claim Settlement Conference shall not be subject to 2 Pa. C.S. (relating to administrative law and procedure).
2. Neither audio recording nor videotaping will be allowed during the immediate Supervisor Claim Settlement Conference.
3. No transcripts will be taken but attendees are free to take their own notes.
4. The Deputy Secretary or a designee will allow all parties a reasonable time to present and discuss the issues.
5. The Professional’s representative shall attempt to resolve present a potential grievance as defined description of the issue, including:
a. the factual background of the issue;
b. the Time Schedule impacts, which may only be presented using the current Time Schedule in Clause 16.1 before it is submitted the Agreement; and
c. the proposed solution to the formal grievance procedure outlined belowdispute, including:
i. Time Schedule modifications;
ii. HoweverDamages attributed to the dispute;
iii. Change Order cause modification; and
iv. If applicable, if identify the employee and Supervisor are unable party the Professional believes is responsible for creating the dispute.
6. The Department’s representative shall present a description of:
a. a response to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work the dispute(s) raised by the following stepsProfessional, including:
Step 1 i. the Department’s view of the Time Schedule impact, which may only be presented using the current Time Schedule; and
ii. the Department’s response to the Professional’s proposed solution(s); and
iii. the identity of the party the Department believes is responsible for creating the dispute.
7. The employee shall formally take up Deputy Secretary may render a final determination on the grievance with contents of the Supervisor from whose decision it arose Claim within ten (10) working 120 days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) Ifclaim by the Deputy Secretary. The parties may, having received a reply from during the 120-day period, mutually agree to extend the 120-day deadline. Department Head, will confirm all agreements to extend the employee wishes to pursue 120-day deadline in writing. If no decision is rendered within the grievance further, the employee shall, within five (5) working 120 days of receiving said reply, forward the completed grievance form to the Office receipt of the City Manager. The Manager's Office shall refer claim by the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the GrievorDeputy Secretary, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involvedhas not confirmed in writing the parties agreement to extend the 120-day deadline, the City Manager and claim is deemed to be denied on the President 120th day. The determination of the UnionDeputy Secretary shall be the final order of the Department with regard to the contents of the Claim.
Step 4 If14.1. 104 STEP 3: FILING A CLAIM AT THE BOARD OF CLAIMS. The third step in the dispute resolution process is filing a Statement of Claim with the Board of Claims, having received which is a more formal step in the response process and is described in general in §1712.1 and §1721 et seq. of the Grievance Sub-CommitteeCommonwealth Procurement Code. To the extent that this language conflicts with §1712.1 or §1721 et seq,, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenstatutory language controls.
Appears in 3 contracts
Sources: Professional Services, Professional Services, Professional Services
Procedure. An employee and the immediate Supervisor
A. Level I – Administration – A copy of a written grievance shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is be submitted to the formal grievance procedure outlined below. However, if aggrieved’s immediate administrator within thirty (30) days of the employee and Supervisor are unable to resolve time the aggrieved became aware or should have been aware upon the exercise of reasonable diligence of the alleged violation or such potential grievance, it shall be finally deemed to have been waived and conclusively settled without stoppage no longer to exist. A meeting shall be mutually agreed upon between the aggrieved and the administrator within four (4) days of work by the following steps:
Step 1 The employee shall formally take up filing of the grievance. No more than four (4) people may provide information related to the grievance at any one meeting. Discussion at the meeting shall be confined to the issues as stated in the grievance and the relief sought. Within five (5) days of the meeting, the administration shall provide the aggrieved with a written response stating his position and/or suggestion for resolution of the grievance.
B. Level II – Superintendent – If the aggrieved is not satisfied with the Supervisor from whose decision it arose suggestion for resolution received in Level I, he may within five days of receipt of such written response, submit his written grievance to the Superintendent and request a meeting to discuss the grievance. The meeting shall be within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within request. The meeting shall be conducted in a manner as stated in Level I. Within five (5) working days of having taken the grievance up meeting, the Superintendent shall provide the aggrieved with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt written response stating his position and/or suggestion for resolution of the grievance.
a) IfC. Level III – Arbitration – If the grievant is not satisfied with the disposition at Level II, having received a reply from the Department Headhe/she may demand, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office upon written approval of the City ManagerAssociation, that the issue be submitted to arbitration. The Manager's Office Such demand shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, be made within ten (10) working days after receipt of the written notice of the action taken by the Superintendent. The Arbitrator shall be selected through the Voluntary Rules of the American Arbitration Association, or through some other method or other mediation service provider agreed upon by the Superintendent and the Association. The Arbitrator shall have no power to alter, add to, or subtract from the time terms of receiving the grievanceAgreement, communicate in writing or to make any mutually agreed findings award which is inconsistent with the terms of the Agreement or contrary to law. The arbitrator shall make his report and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involvedgrievant, the City Manager Superintendent, and the President of the Union.
Step 4 If, having received Association. His decision shall be binding upon the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerparties. The City Manager or his designate said report shall provide a written response to the Union be within tenthirty
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An Step 1. Any employee and who believes he/she has a grievance must submit the grievance orally to his immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if supervisor within five (5) days after the employee and Supervisor are unable to resolve such potential reasonably should have had knowledge of the grievance. The supervisor shall render his verbal decision within five (5) days after the grievance is submitted.
Step 2. If the grievance is not settled in Step 1, it shall be finally reduced to writing, state the facts upon which it is based and conclusively settled without stoppage when they occurred, specify the section of work the Agreement which is alleged to have been violated, be signed by the following steps:grieving employee and an Association Representative, and be submitted to the immediate supervisor or his designee within fifteen (15) days after the employee reasonably should have had knowledge of the grievance. The supervisor shall make a written reply within five (5) days after receipt of the written grievance.
Step 1 The employee shall formally take up 3. If the grievance is not settled in Step 2, the Association may submit a written request for a meeting with the Supervisor from whose decision it arose Superintendent or his designee, which request shall be made within five (5) days after the Association's receipt of the Step 2 decision. The Superintendent or his designee and the Association representative, together with such additional representatives as either party may desire, shall meet and discuss the grievance within five (5) days after the grievance is presented at this step. The Superintendent or his designee shall give a written answer to the Association within five (5) days after the date of such meeting.
Step 4. If the grievance is not settled in Step 3, the Association may within ten (10) working days after the Employer's Step 3 decision, appeal the grievance to the Board of Education. The Board of Education will meet to consider the grievance at the next regularly scheduled Board meeting and will give its written decision within ten (10) days of the grievance arisingthat meeting.
Step 2 5. If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor is not settled in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head4, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallAssociation may, within ten (10) working days from after the time Employer's Step 4 decision, submit the grievance to binding arbitration in accordance with the American Arbitration Association's Voluntary Labor Arbitration Rules. The arbitrator shall have no authority to alter, add to, subtract from, or disregard the expressed terms of receiving this Agreement or to substitute his/her judgment for that of the grievance, communicate in writing any mutually agreed findings and recommendations Employer or Association as to the definition and resolution reasonableness of the grievance, provisions of this Agreement. The arbitrator shall have no power to rule on an issue excluded from the grievance procedure or its failure to agreearbitration by the terms hereof, to establish salaries or wage schedules different than those provided in this Agreement or to award damages other than back pay. The arbitrator shall also have no authority to interpret law or issue a ruling on a subject where there is a procedure available under law for seeking relief. The cost of the Grievor arbitrator shall be borne by the losing party. An arbitrator's award shall not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based and the Department Head involved, arbitrator shall have no power to issue a back pay award for a period to exceed ten (10) days prior to the City Manager and date the President written grievance was filed. The decision of the Unionarbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee A. Grievances shall be handled in the following manner:
Step 1: A Bargaining Unit Member who has had an alleged grievance may discuss such grievance with his/her immediate supervisor in the hope that the problem may be resolved through free and informal communication. When requested by the immediate Supervisor grievant, an Association representative may accompany the grievant to assist in the informal resolution of the grievance. Nothing contained herein shall attempt be construed to resolve prohibit the Principal from adjusting the grievance provided that the adjustment is not inconsistent with the terms of the Agreement. If the informal process fails to rectify the problem, Steps 2 and 3 below may be followed. If however, after the grievant had knowledge of or within fifteen (15) work days of the time that a potential grievance as defined in Clause 16.1 before it reasonably alert person should have had knowledge of the action or condition which is submitted to the formal grievance procedure outlined below. However, if basis of the employee and Supervisor are unable to resolve such potential alleged grievance, it shall not be finally and conclusively settled without stoppage of work by the following steps:considered actionable.
Step 1 2: The employee grievant shall formally take up present the grievance with in writing specifying the Supervisor from whose decision it arose Article and clause alleged to have been violated and state the remedy sought, to the building principal who will arrange for a meeting to take place within ten (10) working work days after receipt of the said grievance. The Association’s representative, with the grievant, and the principal shall be present for the meeting. Within ten (10) work days of the grievance arisingmeeting, the grievant and the Association shall be provided with the principal’s written response.
Step 2 3: If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up grievant is not satisfied with the Supervisor decision rendered in Step 12, present such grievance in writing, on a form to written appeal may be approved by the City and the Union, forwarded to the Department Head. The Department Head will provide a reply to the employee in writing Superintendent/Assistant Superintendent of schools within five ten (510) working work days of after receipt of the grievance.
a) Ifanswer in Step 2. A meeting, having received a reply from if requested, shall be conducted by the Department Head, Superintendent/Assistant Superintendent and action shall be taken on the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office appeal of the City Manageralleged grievance within ten (10) work days after receipt of such appeal. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee Each party shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within include in its representation such witnesses or advisors as it deems necessary. Within ten (10) working work days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievancemeeting, or its failure to agreethe grievant shall be provided with the superintendent’s written response.
B. A grievance may, to by mutual agreement between the Grievor grievant and the Department Head involvedsuperintendent, the City Manager and the President of the Unionbe presented initially at Step 3.
Step 4 If, having received C. If the response Association is not satisfied with the disposition of the Grievance Sub-Committeeat Step 3 or ten (10) days pass without the issuance of the Superintendent’s decision, the Union wishes to pursue Association may submit the grievance furtherto final and binding arbitration. Following the request for arbitration, it shall, the Association shall request the services of an arbitrator from the American Arbitration Association. If a demand for arbitration is not filed within five thirty (530) working days of receiving said replythe date for the Step 3 decision, refer then the matter grievance shall be deemed withdrawn.
D. The arbitrator’s decision shall be binding upon the parties. The arbitrator shall not, however, have the power to add to or to subtract from, alter, or modify in writing any manner any of the terms of this agreement. Any grievance appealed to arbitration and on which the arbitrator determines has no jurisdiction or power to rule, shall be referred back to the City Manager. The City Manager parties without decision or his designate recommendation and the superintendent’s disposition as determined under Step 3 of the grievance procedure shall provide then be final.
E. No reprisals shall be taken by the district against any Bargaining Unit Member because of the Bargaining Unit Member’s participation in a grievance.
F. All records related to a grievance shall be filed separately from the personnel files of the Bargaining Unit Members.
G. A grievance may be withdrawn at any level without establishing a precedent.
H. If no written response decision has been rendered within the time limits indicated by a step, the grievance may be processed to the Union within tennext step.
I. The fees and the expense of the arbitrator shall be shared equally by the parties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within One Within ten (10) working days of the grievance arising.
Step 2 If time that the employee wishes to pursue grievant knew, or reasonably should have known of the grievance, the grievant, who may be accompanied by an association representative, shall present the grievance further to the employee shallbuilding principal during non- teaching hours. Within three (3) working days after the presentation of the grievance, within the building principal shall orally answer the grievant, who may be accompanied by an association representative. Step Two
1. Within five (5) working days of having taken the oral answer, if the grievance up with the Supervisor in Step 1is not resolved, present such grievance it shall be stated in writing, signed by the grievant and submitted to the building principal on a the form provided by the administration.
2. The grievance shall (a) name the employee involved, (b) state the facts giving rise to the grievance, (c) identify the specific provisions of this agreement alleged to be approved by violated, (d) state the City and contention of the Union, grievant with respect to the Department Headgrievance, and (e) indicate the specific relief requested.
3. The Department Head will provide Within five (5) working days after receiving the written grievance, the principal may request a reply meeting with the grievant. Within five working days after this meeting, or with five working days after receipt of the grievance if no meeting is held, the principal shall communicate his answer in writing to the employee grievant. Step Three
1. If the grievance is not resolved in writing Step Two, the grievant may, within five (5) working days of receipt of the grievance.
a) Ifprincipal's answer, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form appeal to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of superintendent by filing the grievance and to interview the Grievor, the Supervisor, the Department Head and principal's answer along with any other person who may have knowledge written response of the circumstances grievant to the answer of the grievanceprincipal, with the office of the superintendent, which shall receipt therefore.
d) 2. The Grievance Sub-Committee superintendent, or his designated representative, shall, within ten (10) working days from after the time receipt of receiving a grievance, meet with the grievant, who may be accompanied by an association representative, to discuss the grievance.
3. The superintendent, communicate or his designated representative, shall give the grievant an answer in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five no later than ten (510) working days of receiving said reply, refer after meeting with the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tengrievant.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Contract Agreement, Contract Agreement
Procedure. An employee and 1. Level One A grievance lodged with a principal or the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall appropriate administrator must be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days after the grievant could reasonably be assumed to have known of the event or action giving rise to the alleged grievance. Continuing grievances shall be recognized. The grievance arisingconference shall occur within five (5) working days after the grievance is filed. The grievant shall be accompanied by the local Representative and/or any other OEA/NEA agent.
Step 2 If 2. Level Two In the employee wishes to pursue event a grievance has not been satisfactorily resolved at Level One, the grievance further the employee shallAssociation may file, within five (5) working days of having taken the Principal’s or of the appropriate administrator’s written decision at Level One, a copy of the grievance up with the Supervisor in Step 1Superintendent. Within five (5) working days after such written grievance is filed, present such grievance in writingthe grievant, on a form to be approved by the City Association Representative and the UnionPrincipal, Superintendent and/or his designee shall meet to attempt to resolve the Department Headgrievance. The Department Head will provide a reply to the employee in writing Superintendent or his designee shall file his decision within five (5) working days of receipt the Level Two filing and communicate it to the grievant and the Association.
3. Level Three If the aggrieved is not satisfied with the disposition at Level Two of the grievance.
a) Ifgrievance procedure, having received he/she/they may initiate Level Three of this procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall file a reply joint request for a list of arbitrators from the Department Head, the employee wishes to pursue the grievance further, the employee shall, Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five fifteen (515) working days of receiving said reply, forward the completed grievance form appeal to the Office arbitration. The cost of the City Managerlist or obtaining the panel shall be paid by the losing party. The Manager's Office arbitrator shall refer be chosen from a list provided by the grievance to a Grievance Sub-Committee Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the receipt of the FMCS list of arbitrators. Either party may reject one (1) working day.
b) list by notifying the other party prior to striking names. The Grievance Sub-Committee party requesting the new list shall consist of an appointee be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the Union FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and an appointee issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the City Manager.
c) The Grievance Sub-Committee arbitrator shall have be binding on both the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor Board and the Department Head involved, the City Manager and the President of the UnionAssociation.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and may institute a grievance on their own or may request the immediate Supervisor assistance of the Union. The proper procedure for pursuing adjudication of alleged grievances is as follows: Prior to filing a grievance at Step 1, the grievant shall attempt first meet with their supervisor to try to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowgrievance. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up may ask a union representative to be present at the meeting. If the grievance with the Supervisor from whose decision it arose cannot be resolved informally, within ten thirty (1030) working calendar days of the time a grievance arising.
Step 2 If arises, the employee wishes to pursue grievant will commit the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, to writing on a form Grievance Review Request Form (Appendix D), sign it, and submit it to their immediate supervisor. This written grievance shall include: 1) the nature of the grievance; 2) the section(s) that allegedly have been misinterpreted or misapplied; and 3) the recommended solution to the grievance. A copy of the Grievance Review Request Form also shall be approved by sent to the City Assistant Superintendent of Human Resources. Within fourteen (14) calendar days after receipt of the written grievance, the appropriate administrative supervisor shall communicate their written response to the grievant and the Union. If the grievant is not satisfied with the resolution at Step One, he/she may, within fourteen (14) calendar days after receipt of the written response from Step One, submit the grievance to the Department HeadAssistant Superintendent of Human Resources. The Department Head will provide a reply Assistant Superintendent of Human Resources or their designee shall meet with the grievant in an effort to resolve the employee in writing grievance within five fourteen (514) working calendar days after receipt of the second step. Within fourteen (14) calendar days after receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days Assistant Superintendent of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office Human Resources or their designee shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the grievant and the Union. At the conclusion of Step Two, either the Union or District may request voluntary mediation in an attempt to resolve the grievance. Both parties must agree to mediation. In the event mediation occurs, the parties agree to suspend the timelines for submission to Step Three should there be no settlement at mediation. The parties will select an agreed upon mediator, which may utilize the Public Employees Relations Commission or another accepted entity. The parties will evenly split the cost of the mediator, if any and bear their own costs and expenses for mediation. Should the parties reach an agreed upon mediated settlement, the grievance shall be considered resolved. If the grievance is not satisfactorily resolved at Step Two, within tenfourteen (14) calendar days after receipt of the written response in Step Two or failure to reach a mediated resolution, the Union may submit the grievance to the American Arbitration Association for arbitration under their voluntary labor arbitration rules and within the following guidelines:
1. The arbitrator shall limit their decision strictly to disputes involving the application or interpretation of the express terms of this Agreement. The arbitrator shall have no power to change, alter, detract from, or add to the provisions of this Agreement.
2. The arbitrator’s decision shall be final and binding on the Union, the employee(s) involved, and the District.
3. The fees and expenses of the arbitrator shall be shared equally by the District and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. (A) Step One. An employee and may present her complaint to the immediate Supervisor appropriate administrator within fifteen (15) working days, after the incident or condition, which is the basis of the grievance has occurred. The administrator shall schedule a conference to attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, complaint within five (5) working days of having taken after he has received such complaint. A written decision on the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to matter will be approved by the City and the Union, to the Department Head. The Department Head will provide a reply given to the employee in writing and FEDERATION within five (5) working days of receipt of after the grievanceconference.
a(B) If, having received a reply from Step Two. If the Department Head, the aggrieved employee wishes desires to pursue the grievance her compliant further, she must appeal in writing to the employee shall, Superintendent or their designated representative within five (5) working days of after receiving said reply, forward the completed grievance form to the Office a copy of the City Managerdecision rendered under Step One of this procedure. The Manager's Office Superintendent or his designated representative shall refer schedule a conference to attempt to resolve the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, compliant within five (5) working days of receiving said reply, refer after the appeal is received. A written decision on the matter in writing shall be given to the City Manageremployee and FEDERATION within five (5) days following the conference.
(C) Step Three. If the Superintendent’s or their designated representative’s answer is not satisfactory to the grievant, she may appeal to the Executive Board of the FEDERATION for arbitration. If such grievance does proceed to arbitration, the following rules shall be observed.
(1) The FEDERATION shall file with the BOARD a demand for arbitration within thirty (30) calendar days after receiving a copy of the decision rendered under Step Two (Article VIII, Section 2. Subsection (B)) of the Grievance Procedure. Within ten (10) working days after filing with the BOARD, if a mutually acceptable arbitrator cannot be selected by the BOARD and the FEDERATION, the FEDERATION shall file with the BOARD and the American Arbitration Association a demand for arbitration.
(2) The Arbitrator shall render his award, which shall include a written opinion, not later than thirty (30) days after the date on which the hearings were conducted, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the Arbitrator.
(3) The award of the Arbitrator shall be accepted as final and binding on the FEDERATION, its members, the employee or employees involved, and the BOARD. There shall be no appeal from an Arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The City Manager FEDERATION shall not then, by any other means, attempt to bring about a different resolution of the grievance.
(4) It shall be the function of the Arbitrator, and she shall be empowered, except as her powers are limited below, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or his designate misapplication of any of the excess terms of this Agreement.
a) She shall provide have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. Her powers shall be limited to deciding whether the BOARD has violated, misinterpreted, or misapplied any of the express terms of this agreement. It is understood that any matter which is not specifically set forth in this Agreement shall not be subject to arbitration.
b) She shall have no power to decide any question which under this Agreement is within the authority of the BOARD to decide.
c) She shall have no power to award monetary damages.
d) She shall have no power to render a written response decision based upon law, as expressed by the legislative bodies, the courts, or administrative agencies.
e) She shall have no power to substitute her judgment for that of the BOARD.
(5) If the BOARD disputes the arbitrability of any grievance under the terms of this Agreement, the Arbitrator shall first determine whether she has jurisdiction to act, and if she finds that she has no such power the grievance shall be referred back to the Union within tenparties without decision or recommendation on its merits.
(6) The BOARD shall not be required to pay back compensation for more than eleven (11) days prior to the date the grievance was filed.
a) No decision in any one case shall require a retroactive adjustment in compensation in any other case.
(7) The fees and expenses of the Arbitrator shall be shared equally by the BOARD and the FEDERATION. All other fees and expenses including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Federation.
(8) Any grievance occurring during the period between the termination date of this Agreement and effective date of a new agreement shall not be arbitrable.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and a) The employee(s) and/or the immediate Supervisor union representative involved shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up discuss the grievance with the Supervisor from whose decision it arose within ten (10) working days of immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved has been filed by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working dayan employee.
b) The Grievance Sub-Committee If no agreement is reached in the above grievance meeting, the grievance shall consist of an appointee be reduced to writing and submitted to the Director of the Union and an appointee Department within seven (7) calendar days from the date of the City Managergrievance meeting with the immediate supervisor.
c) The Grievance Sub-Committee Director of the Department or his/her designee shall have the right to jointly investigate all aspects of study the grievance and to interview respond in writing within seven (7) calendar days. This response from the Grievor, Director or his/her designee will be the Supervisor, the Department Head and any other person who may have knowledge final position of the circumstances of the grievanceDepartment.
d) The Grievance Sub-Committee shall, within ten (10) working days from If the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, grievant or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue appeal from the grievance furtherdecision of the Department, it shallshall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
e) The Campus Chancellor, or his/her designee, shall fully investigate the grievance, including conducting a hearing if so requested by the Union or grievant. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within five seven (57) working calendar days after receipt of receiving said replythe appeal if no hearing is conducted, refer or within fourteen (14) calendar days from the matter close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or the Union wishes to appeal from the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writing writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the City ManagerDirector of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The City Manager time limits for a grievance shall toll for the duration of a leave of absence or his designate shall provide a written response to the Union within tenlayoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate STEP I-Immediate Supervisor The grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten twenty-one (1021) working days of the occurrence or knowledge of the act or condition which is the basis of the complaint, present the grievance arising.
Step 2 in writing to the immediately involved supervisor. The grievance shall be written on the appropriate grievance form (Appendix C) and shall include a concise statement of the grievance, which articles are in dispute, and the requested remedy. If the employee wishes to pursue grievance is of a repeat or recurrent nature, the remedy of the grievance further shall only extend back to the employee shall, within five (5) working days beginning of having taken the fiscal year in which the grievance up was filed. The immediate supervisor will arrange for a meeting with the Supervisor in Step 1, present such grievance in writing, on a form grievant to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing take place within five seven (57) working days of after receipt of the grievance.
a) If, having received . The supervisor shall provide the grievant and the Organization with a reply from the Department Head, the employee wishes written answer to pursue the grievance further, within seven (7) days after the employee shall, within five (5) working days of receiving said reply, forward meeting. STEP II-Superintendent If the completed grievance form to grievant is not satisfied with the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects disposition of the grievance and to interview the Grievorat Step I, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
dor if no decision has been rendered within seven (7) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution after presentation of the grievance, or its failure to agree, then the grievance within seven (7) days may be referred to the Grievor superintendent of the superintendent’s designee. The superintendent shall arrange for a meeting with the grievant to take place within seven (7) days after receipt of the appeal. Upon conclusion of the meeting, the superintendent will have seven (7) days to provide the grievant and the Department Head involvedOrganization with a written decision. STEP III-Board If the grievant is not satisfied with the disposition of the grievance at Step II, or if no decision has been rendered within seven (7) days after presentation of the grievance, then the grievance within seven (7) days may be referred to the Board. The Chairman of the Board or designee shall arrange for a hearing with the grievant to take place at the next regularly scheduled meeting. Upon conclusion of the hearing, the City Manager Board will have fourteen (14) days to provide the grievant and the President Organization with a written decision. Step IV-Binding Arbitration If the Organization is not satisfied with the disposition of the Union.
grievance at Step 4 IfIII, having or if no disposition has been made within the time period provided, the grievance, only at the option of the Organization, may be submitted before an impartial arbitrator. The Organization shall exercise its right of arbitration by giving the Superintendent written notice of its intent to arbitrate within twenty-one (21) days after it has received the response decision at Step III or expiration of the Grievance Sub-Committeetime lines specified in Step III. Within seven (7) days after notice of submission to arbitration, the Union wishes Organization shall, in writing, request from the Montana Board of Personnel Appeals a list of qualified arbitrators. Within fourteen (14) days of receipt, each party shall alternately strike names from the list, and the name remaining shall be the arbitrator. The arbitrator shall not consider any argument or evidence that the grievant, Organization or Board did not submit to pursue the other side seven (7) days before arbitration. The arbitrator shall consider the grievance further, it shall, and render a decision within five sixty (560) working days of receiving said replythe hearing or final submission of briefs, refer the matter in writing to the City Managerwhichever is later. The City Manager or his designate arbitrator’s decision shall provide be final and binding upon the parties. Each party shall bear its own costs of arbitration except that the fees and charges of the arbitrator shall be shared equally by the parties. If one of the parties wants a written response to transcript of the Union within tenarbitration proceedings, the party requesting the transcript will pay the costs of the transcript. If both parties request transcripts, they shall share equally the costs.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and 1. LEVEL ONE - Any teacher will first discuss the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance problem with the Supervisor from whose decision it arose appropriate administrator within ten (10) working days workdays of the alleged act with the objective of resolving the matter informally. Said teacher may be accompanied or represented by an Association representative.
2. LEVEL TWO - In the event the teacher is not satisfied with the disposition of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallat Level One, or if no decision has been rendered within five (5) working work days of having taken the presentation of the grievance, said teacher may file the grievance up in writing with the Supervisor in Step 1Association's Grievance Committee with a copy to the appropriate administrator. The appropriate administrator shall initial and date the form. If a dispute shall arise as to the time of filing, present such grievance in writing, on a form to initialing shall be approved conclusive evidence of the date of its receipt. The filing with the Grievance Committee and initialing of the copy by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing appropriate administrator must occur within five (5) working days of receipt workdays of the grievance.
a) If, having received a reply from decision rendered at Level One or the Department Head, the employee wishes to pursue expiration of time limit at Level One. The appropriate administrator shall meet on the grievance further, the employee shall, within five (5) working days workdays of receiving said replyreceipt of the written grievance at Level Two. This meeting may be attended by not more than the grievant, forward two representatives of the completed grievance form Association and two representatives of the Board. Within five (5) workdays from the meeting the appropriate administrator shall render a decision in writing to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working daygrievant.
b) The Grievance Sub-Committee shall consist of an appointee of 3. LEVEL THREE - In the Union and an appointee of event the City Manager.
c) The Grievance Sub-Committee shall have Association is not satisfied with the right to jointly investigate all aspects disposition of the grievance and to interview at Level Two, or in the Grievorevent no decision has been rendered within five (5) work days after the meeting at Level Two, the Supervisorgrievance procedure may be further invoked by presenting the written grievance through the Grievance Committee to the Superintendent of Schools or designated representative. Such action must be taken within five (5) workdays of receipt of the decision at Level Two or of the expiration of the time limit for rendering such decision. Within ten (10) workdays from receipt of the grievance at Level Three, the Department Head and any other person who may have knowledge of Superintendent or designee shall hold a meeting with the circumstances of Association to discuss the grievance.
d) The Grievance Sub-Committee shall, . A decision shall be rendered by the District within ten (10) working workdays of the meeting held at Level Three.
4. LEVEL FOUR - In the event the Association disagrees with the decision of the Superintendent at Level Three, such grievance may be appealed to arbitration. Written notice of such appeal is to be given to the Superintendent or designee within ten (10) work days from of the time decision at Level Three.
a. If the parties are unable to mutually agree upon an arbitrator within ten (10) days after the written request for arbitration, the dispute shall be processed under the auspices of receiving the grievanceAmerican Arbitration Association; the conduct of said hearing shall be controlled by its rules. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not disclosed to the other side at least by the third step.
b. The arbitrator shall have no power or authority to add to, communicate in writing subtract from, alter or modify the terms of this Agreement nor to change any mutually agreed findings and recommendations practice, policy, or rule of the Board, nor to substitute his/her judgment as to the definition and resolution reasonableness of any such practice, policy or rule. The arbitrator shall be limited to deciding whether or not there has been a violation of the grievanceterms of the Articles, and sections of this Agreement and any binding past practices which exist between the parties. The Arbitrator shall not create obligations and conditions binding on the parties from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board.
c. The decision of the arbitrator shall be final and binding upon all parties within the arbitrator's jurisdiction. The arbitrator shall be requested to issue his written decision within thirty (30) calendar days after conclusion of testimony and argument. Both parties agree to be bound by the decision of the arbitrator. The fees of the American Arbitration Association and the fees and expenses of the arbitrator will be paid one-half (1/2) by the Association and one-half (1/2) by the Board, and all other expenses shall be borne by the party incurring them.
5. EXPEDITED ARBITRATION - Both parties to this Agreement may mutually agree to process a grievance at Level Four to expedite arbitration. The arbitration shall be conducted under the auspices of the American Arbitration Association; the conduct of said hearing shall be controlled by its rules.
a. Neither party shall be permitted to assert in such arbitration proceeding any ground or its failure to agree, rely on any evidence not disclosed to the Grievor other side by the Level Three.
b. The arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of this Agreement.
c. The decision of the arbitrator shall be final and binding upon all parties within the arbitrator's jurisdiction. The arbitrator shall be requested to issue his written decision within thirty (30) calendar days after conclusion of testimony and argument. Both parties agree to be bound by the decision of the arbitrator. The fees of the American Arbitration Association and the Department Head involvedfees and expenses of the arbitrator will be paid one-half (1/2) by the Association and one-half (1/2) by the Board, and all other expenses shall be borne by the City Manager party incurring them.
A. District Level Meetings:
ARTICLE V IMPLEMENTATION PROCEDURES
1. Implementation meetings shall be held between representatives of the Board and the President Association negotiating teams, when requested by either team, however, neither party shall be required to meet more than one (1) meeting per month.
2. The purpose of these meetings will be to review the administration of the Unioncontract and resolve any problems that are not of a grievance nature. It is intended that these meetings will produce a high level of mutual understanding and that problems will be resolved on an equitable basis.
Step 4 If, having received 3. All meetings between the response parties regularly scheduled to take place as promptly as possible at a time when the teachers involved are free from assigned instructional responsibilities unless otherwise requested by either the Association or the Board. The rescheduling will take place within ten (10) days of the Grievance Sub-Committee, request from the Union wishes to pursue Association or the grievance furtherBoard at other than instructional time unless otherwise mutually agreed.
4. When a mutually acceptable amendment of the Agreement results, it shall, within five (5) working days will become valid when ratified by the general membership of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenAssociation.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An employee and the immediate Supervisor INFORMAL LEVEL - A grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up discuss the grievance with his/her principal with the Supervisor from whose objective of resolving the grievance informally. If the issue is the result of a district level decision it arose the dispute should be discussed directly with the appropriate personnel at that level. FORMAL LEVEL 1 - If the grievant is not satisfied with the informal disposition or in the event that no decision is rendered within ten five (105) working days after presentation of the informal claim, he/she may then submit a written grievance to the building principal, and shall file a copy with the Association. The building principal or designee shall submit to the grievant and the Association a written answer to the grievance within five (5) days of receipt. (In the event the cause of the grievance arisingis an action that occurs at the school corporation level, then the teacher may skip the preceding levels and move directly to Formal Level 2.
Step ) FORMAL LEVEL 2 - If the employee wishes to pursue grievant is not satisfied with the grievance further the employee shalldisposition of Formal Level 1, within five (5) working days of having taken receipt of the principal's answer or within ten (10) days of the submission of the grievance up to the principal in the event the principal has failed to give a written answer, the grievant or the Association may submit the written grievance to the Superintendent, or designee and so notify the Association. Within ten (10) days after receipt of the written grievance, the Superintendent or designee shall meet with the Supervisor in Step 1, present such grievance in writing, on a form grievant and thereafter shall submit to be approved by the City grievant and the Union, Association a written answer to the Department Head. The Department Head will provide a reply to the employee in writing grievance within five (5) working days of receipt of days. FORMAL ▇▇▇▇▇ ▇ - If the grievance.
a) If, having received a reply from grievant is not satisfied with the Department Head, the employee wishes to pursue the grievance further, the employee shalldisposition at Formal Level 2, within five (5) working days of receiving said reply, forward the completed grievance form to the Office receipt of the City Manager. The ManagerSuperintendent's Office shall refer answer or within twenty (20) days of the grievant’s submission of the grievance to the Superintendent in the event the Superintendent has failed to give a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee written answer, submit the written grievance to the Secretary of the Union Board, and an appointee so notify the Association. At its next regularly scheduled meeting, the Board shall designate a committee to meet with the grievant for the purpose of resolving the grievance. This committee shall be comprised of three (3) Administrators appointed by the Board and three (3) members appointed by the Association and two (2) members of the City Manager.
c) Board. The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as committee must submit a recommendation to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, Board within five (5) working days of after meeting with the grievant. Within ten (10) days after receiving said replythe committee’s recommendation, refer the matter in writing Board shall submit to the City Manager. The City Manager or his designate shall provide grievant and the Association a written response answer to the Union within tengrievance or decide to hear the grievance.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 1. Level One (1) - Within twenty-one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An employee and the immediate Supervisor shall attempt to resolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a potential decision within seven days of the co-mediated discussion.
2. Level Two (2) - If the grievance as defined is not resolved at Level One (1), the decision may be appealed in Clause 16.1 before it writing on the appropriate form to the office of the Superintendent or designee within seven days of the receipt of the Level One (1) decision. If the grievance is properly appealed, the Superintendent or designee shall meet with the aggrieved party, Association representative, and the parties of interest within seven days to discuss and attempt to resolve the grievance. The decision reached in Level Two (2) shall be issued in writing to the aggrieved party if not represented by the Association and to the Association no later than fourteen (14) days following the Level Two (2) meeting.
3. Level Three (3) - If the grievance has not been resolved at Level Two (2), the decision may be appealed to the Board for consideration within seven(7) days of the receipt of the Level Two (2) decision or within fourteen (14) days of the date of the meeting in the event no decision has been rendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The Board or a committee thereof shall meet with the aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)-
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work Board by the following steps:
Step 1 The employee shall formally take up Association for binding arbitration, provided written notice of the grievance with request for submission to arbitration is delivered to the Supervisor from whose decision it arose Clerk of the Board and to the Superintendent or designee within ten fourteen (1014) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days date of receipt of the grievance.
adecision at Level Three (3) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, or within five twenty-one (521) working days of receiving said reply, forward the completed grievance form to the Office date of the City Manager. The Manager's Office shall refer Level Three (3) meeting in the grievance to a Grievance Sub-Committee within one (1) working dayevent no decision has been rendered.
b) The Grievance Sub-Committee If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall consist be called upon to submit a list of an appointee seven (7) names of arbitrators. Within seven (7) days of the Union and an appointee receipt of the City Managerlist, the parties shall select an arbitrator by striking names from the list in alternate order, and the name thus remaining shall be forwarded to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his/her selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Board and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator.
c) The Grievance Sub-Committee Rules of procedure to govern the hearing shall have be fixed by the right arbitrator, and the award, when signed by the arbitrator and submitted to jointly investigate all aspects of the grievance Association and to interview the GrievorBoard within the prescribed time limits, the Supervisor, the Department Head shall be final and any other person who may have knowledge binding and shall be subject to rulings in a court of the circumstances of the grievancecompetent jurisdiction.
d) The Grievance Subarbitrator shall have no power to add to, subtract from, or alter or vary in any way the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall have no authority to rule on a non-Committee shallgermane issue of law.
e) The fees and expenses of the arbitrator shall be shared jointly and equally between the Board and the Association. Neither party shall be required to pay any part of the cost of a stenographic record without its consent, within ten (10) working days from provided that failure of a party to share the time cost of receiving such record shall be deemed a waiver of the grievance, communicate in writing any mutually agreed findings and recommendations as party's right of access to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionrecord.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee Class or group grievances will follow the steps and time lines specific to them, beginning at the immediate Supervisor Superintendent level. In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall attempt be deemed an acceptance of the decision at that level and further proceeding of the case shall be prohibited.
a. Level One - Oral - Superintendent The Association President or Grievance Chair must meet with the Superintendent or designee within five (5) days of the perceived contract violation in an effort to resolve a potential grievance as defined in Clause 16.1 before it is submitted the problem. The oral discussion must include:
1. A synopsis of the facts giving rise to the formal alleged violation.
2. Specific sections or subsections of the contract alleged to have been violated.
3. Specific relief requested. If no resolution is obtained following the discussion, the grievance procedure outlined below. However, if will continue in accordance with Level II on the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work grievance form shown in the appendix.
b. Level Two - Written - Superintendent Any written grievance filed by the following steps:
Step 1 The employee shall formally take up Association must be received by the grievance with the Supervisor from whose decision it arose Superintendent within ten (10) working school days from the alleged violation. The written grievance must include:
1. The signature of the Association President or Grievance Chair.
2. A synopsis of the facts giving rise to the alleged violation.
3. Specific sections or subsections of the contract alleged to have been violated.
4. Specific relief requested. The Superintendent shall respond to the Association within ten (10) days of the receipt of the written grievance arisingform. If the response at this level is not satisfactory, the Association may request the grievance move to the next level.
Step 2 If c. Level Three - Board The Superintendent must receive the employee wishes request to pursue the grievance further the employee shall, move to Level III within five (5) working days of having taken the grievance up with date of the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department HeadLevel II response. The Department Head will provide a reply Association request to the employee in writing within move to Level III must be received at least five (5) working days of receipt prior to the next regular Board meeting in order to be considered at that meeting. When the Board considers the grievance it may:
1. Hold a hearing, or
2. Designate one or more members to hold a hearing, or
3. Otherwise investigate the grievance or prescribe such procedure as it may deem appropriate for consideration of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, Final Board level response must be within ten (10) working days from of the time of receiving Board meeting in which the grievance, communicate in writing any grievance was heard unless an extension is mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionupon.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An employee and A. STEP ONE Within twenty (20) school days of the immediate Supervisor time that the grievant knew, or reasonably should have known, of the grievance, the grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted present the grievance, either personally or accompanied by the local Area 30 Certified Employee Organization representative, to the formal grievance procedure outlined belowDirector orally. HoweverWithin three (3) working days after the oral presentation of the grievance, the Director shall orally answer the grievant.
B. STEP TWO
1. Within three (3) school days of the oral answer, if the employee and Supervisor are unable to resolve such potential grievancegrievance is not resolved, it shall be finally and conclusively settled without stoppage of work stated in writing, signed by the following steps:grievant and submitted to the Director on the form provided in Appendix A.
Step 1 2. The grievance shall (1) name the employee shall formally take up involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of the Agreement alleged to be violated, (4) state the contention of the grievant with respect to the grievance with and, (5) indicate the Supervisor from whose decision it arose within ten specific relief requested.
3. Within Five (105) working school days after receiving the written grievance, the Director shall communicate his answer in writing to the grievant.
4. If, in the judgment of the Area 30 Employee Organization, a grievance arisingaffects a group or class of teachers, the Area 30 Certified Employee Organization may submit such grievance in writing to the Director or his designee directly and the processing of such grievance shall be commenced at step two of the formal grievance procedure.
Step 2 C. STEP THREE
1. If the employee wishes to pursue grievance is not resolved in Step Two, the grievance further the employee shallgrievant may, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working school days of receipt of the grievance.
a) IfDirector's answer, having received a reply from appeal to the Department Head, the employee wishes to pursue Board by filing the grievance furtherand the Director's answer, along with any written response of the employee shallgrievant to the answer of the Director, within five (5) working days of receiving said reply, forward the completed grievance form to with the Office of the City Manager. The Manager's Office Director, which shall refer the grievance to issue a Grievance Sub-Committee within one (1) working dayreceipt thereof.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within 2. Within ten (10) working days from days, after the time of receiving grievant has filed his written grievance with the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution Office of the grievanceDirector as specified in Step Three, Item 1 above, the Board shall hold a hearing on the Grievance at a regular or special meeting.
3. The Board may not consider any material or allegation that was not presented in Step Two.
4. Within ten (10) days after the hearing of the Board with the grievant, the Board or its failure to agree, to designated representative shall give the Grievor and the Department Head involved, the City Manager and the President of the Uniongrievant its decision in writing.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Tentative Agreement, Master Contract, Tentative Agreement
Procedure. An employee and the immediate Level One - Immediate Supervisor The grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up first discuss the grievance with the Supervisor from whose decision it arose within immediate supervisor with the objective of resolving the grievance. Within thirty (30) days after the date of the occurrence of the act or omission giving rise to the grievance, the grievant shall formally present his or her grievance in writing to his or her immediate supervisor. The written grievance shall include a clear, concise statement of the grievance, the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) working days after receipt of the grievance arising.
Step 2 written grievance, the immediate supervisor shall meet with the grievant, and the grievant’s representative if so desired. Within five (5) days thereafter, a written decision shall be given to the grievant. Level Two - Superintendent If the employee wishes to pursue grievant is not satisfied with the grievance further the employee shalldecision at Level One, he or she may, within five (5) working days days, appeal the decision in writing to the Superintendent or his or her designee. The written grievance shall include a clear, concise statement of having taken the grievance up and the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days after receipt of the written grievance, the Superintendent or designee shall meet with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City grievant and the Union, to the Department Headgrievant's representative. The Department Head will provide a reply to the employee in writing within Within five (5) working days thereafter, a written decision shall be given to the grievant. When the Association is considered to be the grievant, as defined in Section 1, Level Two shall be the initial step in the procedure. The Association shall formally present its grievance in writing to the Superintendent within thirty (30) days of receipt the date of the grievance.
a) If, having received a reply from occurrence of the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form act or omission giving rise to the Office of the City Managergrievance. The Manager's Office written grievance shall refer the grievance to include a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects clear, concise statement of the grievance and the circumstances involved, a listing of the provisions of the Agreement which are alleged to interview have been violated, and a statement of the Grievoraction(s) requested of the District to resolve the grievance. The remaining time limits shall be the same as for all other grievances filed at Level Two. Level Three - Arbitration If the grievance is not resolved at Level Two, the Supervisorgrievant may present a request for arbitration, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agreewriting, to the Grievor Superintendent, within fifteen (15) days of the date the decision was rendered at Level Two. As soon as practicable thereafter, or as otherwise agreed to by the parties, an arbitrator shall hear the grievance. The parties shall either sign a joint issue submission statement or execute and sign separate alternate issue statements after discussion of the issue(s). The fees and expenses of the arbitrator shall in all cases be shared equally by the District and the Department Head involvedAssociation. Arbitration hearings shall be in private. The arbitrator shall be selected by the mutual agreement of the parties. If the parties cannot agree upon an arbitrator, a list of seven (7) names shall be requested from the American Arbitration Association (AAA), and selection shall proceed by AAA rules. Should this process fail to yield a selection, the City Manager and the President parties shall request a second list of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenseven
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. Step 1. An employee and his union representative having a grievance must meet with his immediate supervisor for a simple direct decision, if possible. If “Step 1” does not resolve the grievance, the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted supervisor will issue his written answer to the formal grievance procedure outlined belowwithin seven (7) City business days. However, if Nothing in this agreement prohibits the employee and Supervisor are unable Union from filing a grievance on a member’s behalf.
Step 2. If the grievant desires to resolve such potential further process the grievance, it shall be finally referred in writing to the Fire Chief, or his designee, within seven (7) City business days of receipt of the “Step 1” response. The Fire Chief, or his designee, shall meet with the grievant and conclusively settled without stoppage his union representative within seven (7) City business days of work by receipt of the following steps:
Step 1 referral. The employee Fire Chief, or his designee, shall formally take up issue his written answer to the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working business days of receipt of the grievancegrievance referral.
a) If, having received a reply from Step 3. If the Department Head, the employee wishes grievant desires to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving further process the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter may be referred in writing to the City Manager, or his designee, within seven (7) City business days of the receipt of the “Step 2” response. The City Manager Manager, or his designate designee, shall provide meet with the grievant and/or his representatives within seven (7) City business days of receipt of the referral. The City Manager, or his designee, shall issue a written response answer to the Union grievance within tenten (10) City business days of receipt of the grievance referral. If the Fire Chief, or the City Manager, appoints a designee under this Section, the designee shall not be the same supervisor who issued the prior written answer at the previous step, provided, however, that the informal meeting provided for in Section 5.2 does not prohibit any supervisor from participating in the later grievance procedure steps.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An (a) When an employee and is to be disciplined, the immediate Supervisor Division Head or Department Head shall attempt have the charges against the employee reduced to resolve a potential grievance as defined in Clause 16.1 before it is submitted writing, with one (1) copy to the formal grievance procedure outlined below. However, if be delivered to the employee and Supervisor are unable one (1) copy to resolve such potential grievancebe delivered to the Chief ▇▇▇▇▇▇▇, it and one (1) copy to be delivered to the local Union business agent's office. Delivery to the employee shall be finally defined to have occurred if the charges are hand-delivered, or mailed to the employee's residence. Where resort to U.S. mail occurs, the date of the posting shall control and conclusively settled without stoppage a written certification shall be provided to the hearing officer stating the date of work by the following steps:
Step 1 mailing and address to which mailed. The employee employee's last known address shall formally take up the grievance with the Supervisor from whose decision it arose be utilized. Charges must be brought and delivered as described above within ten (10) working days workdays (Monday through Friday) from the first day after the City had knowledge of the grievance arisinginfraction, unless an employee's work related activities are being challenged through litigation, any disciplinary action that could be considered by the City may be deferred pending the conclusion of litigation. The hearing shall be held by the City's designated hearing officer on a date and time mutually agreed upon but no more than ten (10) workdays (Monday through Friday) after the charges have been served on the employee. In the event the City hearing cannot be held because of the absence of the employee, business agent, division or department head, then it shall be held within five (5) ten (10) workdays (Monday through Friday) after the return of the employee, business agent, and/or division or department head.
Step 2 If (b) Charges shall be preferred by the individual originally lodging them, and the Designee of the City shall serve as the Hearing Officer.
(c) The employee wishes shall have the right to pursue be represented at such hearing by the grievance further Union. The bargaining representative shall have the right to attend any such hearing held where an employee shallincluded in the jurisdiction of the bargaining unit is involved.
(d) The employee shall be presumed to be innocent and the burden shall be on the employer to show fault by the evidence presented at the hearing. The employee or his representative shall have the right to confront and question the accuser, the right to call and examine witnesses in the employee's behalf, the right to have all pertinent records made available and the right to file a written answer to the charges, within five (5) working work days of having taken (Monday through Friday) following the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt day of the grievancehearing.
a(e) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office The designee of the City Managershall hear only the evidence in support of the charges and only the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee designee of the City Manager.
c) The Grievance Sub-Committee shall have make a recommendation to the right to jointly investigate all aspects of Mayor on the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, case within ten (10) working days from workdays (Monday through Friday) following the time closing of receiving the grievancehearing.
(f) In appropriate cases, communicate in writing any mutually agreed findings and recommendations as referral to the definition and resolution Employee's Service Program may be considered as an alternative to immediate disciplinary action.
(g) If the recommendation of the grievancedesignee of the City is for dismissal or demotion, or its failure to agree, to the Grievor Mayor shall then review the matter with the parties and render a fair and just decision based on the discussion at that hearing.
(h) Penalties imposed as a result of the hearing shall be in compliance with the Progressive Disciplinary Procedure in Section 2121.27 (Progressive Disciplinary Procedures).
(i) An employee and the Department Head involved, Union has the City Manager and option to go directly to arbitration or the President of the UnionCivil Service Commission.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee Step 1. Informal Discussion The supervisor shall meet and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up discuss the grievance with the Supervisor from whose decision it arose grievant and the grievant’s representative, within ten (10) working days after the receipt of the grievance arisinggrievance.
Step 2 If 2. In the employee wishes to pursue event the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor is not resolved in Step 1, present such grievance in writing, on a form to the decision may be approved by the City and the Union, appealed to the Department Head, provided such appeal is made within ten (10) days after receipt of the decision in Step 1. If a grievance is properly appealed to the Department Head, he/she shall set a time to hear the grievance within ten (10) days. The Department Head will provide a reply to the employee shall issue his/her decision in writing within five (5) working days of after the meeting.
Step 3. In the event the grievance is not resolved in Step 2, the decision rendered may be appealed to the County Board, or its representative, provided such appeal is made within ten (10) days after receipt of the grievance.
a) Ifdecision in Step 2. If a grievance is properly appealed to the County Board, having received or its representative, they shall set a reply from time to hear the Department Headgrievance within 20 days after the appeal is received. After the meeting, the employee wishes to pursue the grievance further, the employee shall, County Board or its representative shall issue its decision in writing within five ten (510) working days of receiving said reply, forward the completed grievance form to the Office parties involved. Step 3A. Upon completion of the City Manager. The Manager's Office shall refer the grievance previous’ procedure and prior to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of requesting arbitration the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects Employer, by mutual agreement may request mediation of the grievance by the Bureau of Mediation Services. Such request must be made within ten (10) days following the decision in Step 3. The time limit for requesting mediation is tolled during mediation and to interview if mediation does not resolve the Grievorgrievance within 30 days, the Supervisor, the Department Head and any other person who arbitration may have knowledge of the circumstances of the grievancecommence as hereafter provided in Step 4.
d) Step 4. If the grievance remains unresolved, The Grievance Sub-Committee shallUnion may, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received after the response of the Grievance Sub-CommitteeCounty Board, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union. If the parties fail to mutually agree upon an arbitrator within seven (7) days, either party may request the Bureau of Mediation Services to submit a panel of 5 arbitrators. Both the Employer and the Union wishes shall have the right to pursue strike two names from the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerpanel. The City Manager or his designate party requesting arbitration shall provide a written response to strike the Union within tenfirst name; and the other party shall then strike one name. The process will be repeated, and the remaining person shall be the arbitrator.
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
Procedure. An The parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the employee, a CMAGE/CWA representative may accompany the employee and to assist in the immediate Supervisor informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance shall attempt be processed according to the following procedure. First Step:
(1) If the employee or CMAGE/CWA is unable to resolve a potential grievance as defined in Clause 16.1 before it is submitted informally, a written statement of the grievance shall be prepared, signed by the Grievant and delivered to the formal aggrieved employee's Appointing Authority or designee within fourteen (14) days after the first event giving rise to the grievance procedure outlined below. However, if or within fourteen (14) days after the employee and Supervisor or CMAGE/CWA, through the use of reasonable diligence, could have obtained knowledge of the first event giving rise to the grievance. An employee grievant shall deliver a copy of the written grievance to the CMAGE/CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are unable to resolve such potential grievanceallegedly violated, it shall be finally and conclusively settled without stoppage of work by misinterpreted, or misapplied, the following steps:
Step 1 The employee shall formally take up full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the Supervisor from whose decision it arose grievant within ten (10) working days after receipt of the grievance arising.
grievance. A CMAGE/CWA representative will be allowed to attend the First Step 2 If hearing. By mutual agreement of the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City Department representative and the Union, two CMAGE/CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee President of the Union and an appointee of within ten (10) days after the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of hearing. Second Step: If the grievance and to interview is not satisfactorily resolved at the GrievorFirst Step, the Supervisor, grievant and/or the Department Head and any other person who Union may have knowledge submit the grievance in writing to the Director of the circumstances of the grievance.
d) The Grievance Sub-Committee shallHuman Resources or designee, within ten (10) working days from after receipt of the time City's First Step answer, or within ten (10) days of receiving when the grievanceFirst Step answer was due, communicate in writing any mutually agreed findings whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of Human Resources or designee shall meet with the grievant and recommendations as to the definition and resolution Union President or the Vice-President, and/or a representative of CWA within ten (10) days after receipt of the grievance. The Director of Human Resources or designee, after consultation with the grievant's Appointing Authority or its failure designee, shall give a written answer to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenten (10) days after the hearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and All employees who have problems concerning their job or its activities shall refer them to their immediate superior for any initial action of adjustments. If the immediate Supervisor shall attempt to resolve a potential problem cannot be resolved, the alleged grievance should be discussed at the Grievance Committee. If the Committee deems the grievance meritorious, the grievance should be processed as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following stepsfollows:
Step Level 1 The employee aggrieved party shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days school business of when he/she knew or should have know of an alleged violation of the Agreement, orally present his/ her grievance arising.
Step 2 to his/her immediate supervisor who in turn shall in turn render his/her decision or take appropriate action with three (3) school days. If the employee wishes grievance is still not resolved, the aggrieved party should proceed to pursue the Level 2. Level 2 The aggrieved party shall present a written grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, report to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, superintendent within ten (10) working days school business of orally presenting his/her grievance pursuant to Level 1. The Superintendent shall in turn have seven (7) school business days to render his/her decision or take appropriate action. The superintendent shall also furnish a written report of his/her action or disposition of the case. If the grievance is still not resolved at Level 2, the aggrieved party should proceed to level 3. Level 3 If the grievance is not settled at Level 1 or Level 2 a written request from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as grievance shall be made to the definition and resolution superintendent requesting that the grievance be heard by the Board of Education. The grievance shall be presented to the Board of Education for their consideration no earlier than two weeks from the date of the grievance, request or its failure to agree, at the next regular meeting of the Board of Education. A written summary of the Board’s action shall be given to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, aggrieved party within five ten (510) working school business days of receiving said reply, refer consideration by the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenBoard.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee (A) Upon receipt of all applications, the Vice-President, Academic and Research shall forward the application(s), to the Committee on Status and Affairs, which will meet by October 30 to review them. Upon reviewing the application(s) the Committee may request additional information from the applicant(s).
(B) The Committee shall forward its assessment and recommendation in writing to the President on or before November 15 with a copy to the applicant. In the case of a negative recommendation, the Committee shall state its reasons.
(C) For the purposes of this Article, the Library shall be deemed equivalent to a Teaching Unit and the immediate term “Division Chair” shall be deemed to include the Vice-President, Academic and Research as Supervisor for the Library. If the Committee on Status and Affairs has recommended that more than one Sabbatical Leave be granted from the Library or from any Teaching Unit, or as a result of deferral(s), more than one employee from the Library or from any Teaching Unit is scheduled for Sabbatical Leave, the following shall attempt apply:
(i) unless otherwise necessitated as per Article 22.05 (F) (iv) no more than one (1) Full- Time or Pro-Rated employee from any one Teaching Unit or the Library shall be on Sabbatical Leave at the same time;
(ii) if, in any year, two (2) or more individuals from the same Teaching Unit or the Library have applied for Sabbatical Leave during the same semester, the Vice- President, Academic and Research shall direct the Division Chair, or Vice-President, Academic and Research in the case of the Library, to meet with the members of the Teaching Unit or Library. This meeting shall take place no later than December 1;
(iii) the purpose of the meeting shall be to resolve collegially a potential grievance as defined schedule of Sabbatical Leaves and to ensure that the needs of the Teaching Unit/Library are met during periods of such leave. The Division Chair, or Vice-President, Academic and Research in Clause 16.1 before it is submitted the case of the Library, shall, by December 15, forward to the formal grievance procedure outlined below. HoweverVice-President, Academic and Research a written report which includes a resolution on the Sabbatical Leave schedule; and
(iv) if collegial resolution is not achieved, the Vice-President, Academic and Research shall determine the sabbatical schedule considering the following:
(a) prior deferrals, if any;
(b) accruals, if any; and
(c) the employee needs of the Teaching Unit/Library, determined in consultation with the Division Chair or Vice-President, Academic and Supervisor are unable Research in the case of the Library.
(D) The Vice-President, Academic and Research may ask the applicant’s Division Chair, or Chair of the Art History and Critical Studies Division, in the case of the Library, for a statement commenting on the impact of the Sabbatical Leave on the program requirements of the Division. A copy of this statement shall be forwarded to resolve such potential grievancethe applicant by the Division Chair.
(E) The President shall review the recommendation of the Committee on Status and Affairs, and the Division Chair’s report, if any, the scheduling recommendations of the Vice-President, Academic and Research, if any, and shall no later than March 1 notify the applicant in writing of the President’s decision on the granting of the Sabbatical Leave. If an approved Sabbatical Leave is deferred, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance done in accordance with the Supervisor from whose decision it arose within ten Article 22.05 (10) working days of the grievance arisingF).
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below1. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten Level One (101) working - Within twenty-one (21) days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution occurrence of the grievance, or its failure within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to agreeresolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a decision within seven days of the co- mediated discussion.
2. Level Two (2) - If the grievance is not resolved at Level One (1), the decision may be appealed in writing on the appropriate form to the Grievor office of the Superintendent or designee within seven days of the receipt of the Level One (1) decision. If the grievance is properly appealed, the Superintendent or designee shall meet with the aggrieved party, Association representative, and the Department Head involved, parties of interest within seven days to discuss and attempt to resolve the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five grievance. The decision reached in Level Two (52) working days of receiving said reply, refer the matter shall be issued in writing to the City Manageraggrieved party if not represented by the Association and to the Association no later than fourteen (14) days following the Level Two (2) meeting.
3. Level Three (3) - If the grievance has not been resolved at Level Two (2), the decision may be appealed to the Board for consideration within seven(7) days of the receipt of the Level Two (2) decision or within fourteen (14) days of the date of the meeting in the event no decision has been rendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The City Manager Board or his designate a committee thereof shall provide a written response meet with the aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the Union aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within tenfourteen (14) days of the date of receipt of the decision at Level Three (3) or within twenty-one (21) days of the date of the Level Three (3) meeting in the event no decision has been rendered.
b) If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of seven
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee In the event of a recall, affected employees shall be recalled in the order and manner described below.
1. First, employees who have exercised seniority within their classification by accepting another position equal to or lower than the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted position from which they were laid off shall, on the basis of seniority accrued within the classification, have the option of returning to the formal grievance procedure outlined below. Howeverposition they held at the time of layoff, if the employee and Supervisor are unable to resolve such potential grievanceposition is reinstated.
2. Second, it employees shall be finally and conclusively settled without stoppage recalled to the classification from which they were laid off in reverse order of work by the following steps:layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid off from the classification, as well as to employees who were also laid off from the classification, but who exercised their accrued seniority in another classification in which they had previously worked. Employees being recalled in accordance with this provision shall be eligible for any position within the classification which is lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified for the position when it is different from the position they held at the time of layoff.
Step 1 3. The recall of employees from layoff shall be subject to the applicable provisions of Article XIII, Section A.4, dealing with return from leaves of absence.
a. An employee shall formally take have a right to recall for a period of time equal to his/her accumulated seniority at the time of layoff up to a maximum period of two (2) years.
b. In the grievance with event an employee fails to report his/her intent to return to work, or fails to submit a written refusal of recall pursuant to Section 6 below, within seven (7) calendar days following the Supervisor from whose decision it arose date of delivery of a written notice of recall, the employee shall be considered to have quit. Further, such an employee shall also be considered to have quit, in the event he/she fails to report to work within ten three (103) working days of after the grievance arisingdate he/she is scheduled to return to work.
Step 2 If the employee wishes to pursue the grievance further the employee shall4. In certain circumstances, within five (5) working days employees may refuse recall by providing written notification of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, refusal to the Department Head. The Department Head will provide Board within the time limits set forth in Section 5 above.
a. In the event a reply secretary is laid off from a full time position and is recalled to a part-time position, or in the event the secretary is laid off from a part- time position and is recalled to a position of lesser time than that part-time position, the affected secretary may refuse the recall, and still retain his/her recall rights as provided in this Agreement if another laid-off secretary returns to the employee in writing within five (5) working days of receipt of position. If it is necessary for the grievancedistrict to hire a secretary to fill the vacancy, the laid-off secretary will either need to return to the position or resign.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance b. A paraprofessional may refuse recall to a Grievance Sub-Committee within position of lesser time than the position from which he/she was laid off, provided that the time difference between the two positions is an average of more than one (1) working hour per day. A paraprofessional refusing recall in accordance with this provision shall retain his/her recall rights as provided in this Agreement if another laid-off paraprofessional returns to the position. If it is necessary for the district to hire a paraprofessional to fill the vacancy, the laid-off paraprofessional will either need to return to the position or resign.
b) The Grievance Subc. In the event a technology specialist is laid off from a full time position and is recalled to a part-Committee shall consist time position, or in the event the technology specialist is laid off from a part-time position and is recalled to a position of an appointee of lesser time than that part-time position, the Union affected technology specialist may refuse the recall, and an appointee of still retain his/her recall rights as provided in this Agreement if another laid-off technology specialist returns to the City Managerposition. If it is necessary for the district to hire a technology specialist to fill the vacancy, the laid-off technology specialist will either need to return to the position or resign.
c) The Grievance Subd. If an employee refuses recall to a part-Committee time or lesser time position, he/she shall have not be eligible to displace the right to jointly investigate all aspects of employee granted the grievance part-time or lesser time position, even if such position becomes full time or the hours are increased for such position unless the position becomes vacant and to interview is available for employees on the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievancerecall list.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An 2.1 Step 1: Within twenty-one (21) calendar days workdays after the act or omission which gives rise to the grievance or an employee becomes aware or should have reasonably become aware that he/she has a grievance, the employee and/or his/her representative shall present the grievance in writing to his/her department or agency head. The writing shall state the nature of the grievance and the remedial action requested. The department or agency head or his/her representative may meet with the employee and/or his/her representative and shall provide the employee and his/her representative with his/her decision in writing within twenty-one calendar days of receipt of the immediate Supervisor grievance at this Step 2.
2.2 Step 2: If the grievance is not resolved at Step1, within fourteen (14) calendar days after receipt of the written decision of the department or agency head the employee and/or his/her representative may appeal to the State Chief Counsel Office of Employee Relations by filing with him/her a written notice of appeal, together with copies of the written grievance and the Step 1 decision. The Chief Counsel Office of Employee Relations or his/her representative may meet with the employee and/or his/her representative and shall provide the employee and/or his/her representative with a written decision within twenty-one (21) calendar days of receipt of the appeal; or, if a meeting is held, within fourteen (14) calendar days after the conclusion of such meeting.
(a) If the grievance has not been satisfactorily resolved at Step 2, then FOP/MSLES may submit the grievance to arbitration by submitting a request for arbitration to the Chief Counsel Office of Employee Relations as well as a statement of the grievance specifying the Article, section or clause of the contract alleged to have been violated, along with the concise statement of facts surrounding the issue and the remedial action requested. The request for arbitration shall be received by the Chief Counsel Office of Employee Relations through personal service, fax, email or by mailing by registered or certified mail within fifteen (15) workdays of the receipt of the Step 3 decision.
(b) Upon receipt by the Chief Counsel Office of Employee Relations of a request for arbitration, the parties shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowmutually agree upon an arbitrator. However, if the employee and Supervisor are If unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, agree upon an arbitrator within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days workdays of receipt of the grievancerequest for arbitration, the arbitrator shall be selected through the Labor Relations Connection (“LRC”) in accordance with the LRC rules then in effect.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee decision of the arbitrator shall be binding consistent with applicable law and this Agreement. The arbitrator shall have the right no authority to jointly investigate all aspects add to, subtract from or modify any provisions of this Agreement. The arbitrator shall have no authority to award interest on any award. All costs of arbitration, including fees and expenses of the grievance arbitrator, shall be divided equally between the parties, except as provided in section 2.3(b) of this Article, and to interview except that each party shall bear the Grievor, the Supervisor, the Department Head costs of preparing and any other person who may have knowledge of the circumstances of the grievancepresenting its own case.
(d) The Grievance Sub-Committee shallarbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The arbitrator shall be requested to issue a written decision within ten thirty (1030) working days from after completion of the proceedings. The arbitrator shall be bound by the rules of the LRC which are applicable to labor relations arbitrations and which are in effect at the time of receiving the grievancearbitration. In the event of a disagreement regarding the arbitrability of an issue, communicate in writing any mutually agreed findings and recommendations the arbitrator shall make a preliminary determination as to whether the definition and resolution issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed to determine the merits of the grievancedispute.
(e) In grievances involving discharge of an employee and/or discipline which has led to a discharge, or its failure the arbitration hearing shall be held within twelve (12) months of the submission of the demand for arbitration, unless the parties mutually agree to agreewaive this requirement. Subsequent hearing dates, if necessary, shall be held at the earliest date(s) offered by the assigned arbitrator and which is mutually acceptable to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerparties. The City Manager or his designate parties agree that in the event of a conflict in the scheduling of grievance arbitrations, grievances involving discharge and/or discipline which has led to a discharge shall provide a written response to have priority over all other pending grievance arbitration matters between the Union within tenparties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance Grievances, as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. Howeverby Section 7.1, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by resolved in conformance with the following stepsprocedure:
Step 1 1. An EMPLOYEE who feels that the City has misinterpreted or misapplied any section of the AGREEMENT in dealing with that Employee, should discuss their claim with the Employee's immediate supervisor. This shall be done within fourteen (14) calendar days from the occurrence of the believed violation or from when the EMPLOYEE became aware of it. The employee EMPLOYEE shall formally take up submit the grievance in writing to the supervisor at the time of the discussion with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallsupervisor. The supervisor shall respond, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving date the grievancegrievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an EMPLOYEE from seeking guidance from the UNION at this step.
Step 2. If the dispute is not solved at Step 1 between the EMPLOYEE and the supervisor, communicate then the EMPLOYEE should meet with the UNION and the dispute should be put in writing any mutually agreed findings and recommendations as to writing, stating the definition and resolution nature of the grievance, the name or its failure to agree, to names of the Grievor and the Department Head EMPLOYEES involved, the City Manager provisions of this AGREEMENT believed violated and the President remedy requested. This shall be submitted to the EMPLOYER-designated Step 2 Representative within ten (10) calendar days of the UnionStep 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the EMPLOYEE and the UNION.
Step 4 If3. If the dispute is not solved by the Step 2 process, having received the response written grievance with the information required in Step 2, shall be presented to the EMPLOYER-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Grievance Sub-CommitteeStep 2 answer. The Step 3 EMPLOYER- designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the EMPLOYEE and the UNION. Where no EMPLOYER Step 3 Representative is appointed, the Union wishes grievance shall progress from Step 3 to pursue Step 4.
Step 4. A grievance unresolved in Step 3 may be appealed by the grievance further, it shall, EMPLOYEE and the UNION to Step 4. Notification of intent to appeal to Step 4 shall be made within five ten (510) working days of receiving said reply, refer receipt of EMPLOYER'S Step 3 answer. The UNION shall notify the Bureau of Mediation Services within ten (10) calendar days of the notice of appeal to the EMPLOYER that the UNION is submitting the matter in writing to the City Managermediation. The City Manager UNION or his designate the EMPLOYER may elect to participate in mediation prior to arbitration.
Step 5. A grievance unresolved in Step 4 through mediation may be appealed by the EMPLOYEE and THE UNION to Step 5. Notification of intent to appeal to Step 5 and filing for arbitration shall provide a written response to be made within ten (10) days of the Union within tenconclusion of mediation. The selection of an arbitrator shall be made in accordance with the rules and regulations as established by the Bureau of Mediation Services or applicable law.
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before A. Since it is submitted important that grievances be processed as rapidly as possible, the number of days indicated at each level is maximum, and every effort should be made to expedite the formal grievance procedure outlined belowprocess. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall time limits may be finally and conclusively settled without stoppage extended by mutual agreement of work the parties.
B. No grievance need be considered by the following steps:Board unless the procedure set forth below is followed: Step One
Step 1 a. All grievances, except Association grievances, shall begin as verbal complaints with the employee's immediate supervisor. The employee shall formally be entitled to have an Association representative present, if desired. Such discussion must take up the grievance with the Supervisor from whose decision it arose place within ten (10) working days of the alleged infraction or within ten (10) working days of the discovery thereof.*
b. Within five (5) working days after the discussion of the alleged grievance arisingthe administrator shall give his/her answer orally to the aggrieved employee. All grievances not settled orally shall be reduced to writing on forms mutually agreed upon by the Board and the Association. The grievance shall state the nature of the complaint in reasonable detail, including reference to the section number or numbers of this Agreement alleged to have been violated. This written grievance shall be presented to the employee's immediate supervisor within five (5) working days after the verbal response. The immediate supervisor shall within five (5) working days after receiving the grievance give the aggrieved person his/her written answer.
Step 2 a. If the employee wishes to pursue the grievance further is not resolved in Level Two, the employee shallmay, within five (5) working days of having taken the immediate supervisor's answer submit the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. Assistant Superintendent of Human Resources.
b. The Department Head will provide Assistant Superintendent of Human Resources or a reply to designated representative shall give the employee in writing within a written answer no later than five (5) working days of after the receipt of the written grievance.
a) If. If further investigation is needed, having received a reply from additional time may be allowed by mutual agreement of the Department HeadAssistant Superintendent of Human Resources and the Association. If the Association is not satisfied with the disposition of the grievance at Step III, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer Association may submit the grievance to a Grievance Sub-Committee binding arbitration within twenty (20) days of the response from the administration. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding.
1. It is expressly agreed that the scope and authority of the arbitrator shall be limited in each case to the resolution of the question submitted to him.
2. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.
3. The decision of the arbitrator shall be binding on both parties.
4. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
5. No advice in any one (1) working daycase shall require a retroactive adjustment in any other case.
b) The Grievance Sub-Committee 6. Paid leave time, not deductible from Association leave time, shall consist of an appointee of be provided any bargaining unit member identified as the Union and an appointee of aggrieved party whose presence is necessary at the City Manager.
c) The Grievance Sub-Committee arbitration hearing. *If the alleged grievance involves a single building, it shall have be initiated with the right to jointly investigate all aspects of building principal or supervisor. If the alleged grievance and to interview the Grievorinvolves more than a single building, the Supervisor, aggrieved person(s) may elect to institute the Department Head and any other person who may have knowledge of the circumstances of the grievanceinformal discussion at Level Three.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee 1. All grievances as defined herein shall be processed in accordance with this procedure. The Union may refuse to represent a grievance and the immediate Supervisor District may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure.
Step 1: Within twenty (20) days of the acts and/or omissions giving rise to the grievance or within twenty (20) days of the time the employee or the Union should reasonably have been aware of said acts and/or omissions, the grievance shall attempt be discussed informally with the supervisor(s) most directly responsible for the circumstances which gave rise to resolve a potential the grievance. If the grievance as defined in Clause 16.1 before is not resolved within twenty (20) days of the date on which it is submitted first presented at Step 1, the grievance may proceed to Step 2.
Step 2: The grievance may be presented to the formal grievance procedure outlined below. However, if District’s Human Resources Manager on the employee form provided for this purpose and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work incorporated herein by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose reference as Appendix A within ten (10) working days of the grievance arisingconclusion Step 1.
Step 2 If 3: A request for binding arbitration at Step 3 of this procedure shall be made in writing by the employee wishes Union to pursue the Human Resources Manager within fifteen (15) days of the date of which the grievance further received a copy of the employee shallwritten determination at Step 2. An arbitrator may be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator, within they shall make a joint request to the grievance a joint request to the Mediation and Conciliation Service of the State of California for a list of five (5) working days of having taken 5)-qualified arbitrators. Each party shall alternative strike one name from the grievance up with list and the Supervisor in Step 1, present such grievance in writing, on last remaining name shall serve as arbitrator. The first party to strike a form to name shall be approved determined by the City toss of a coin. It shall be understood in disputes involving interpretation of the MOU, that the arbitrator will only interpret this MOU and will not have the power to add, to delete from, or amend any part of this agreement. The arbitrator’s decision shall be final and binding on the District, the Union, to and the Department Headgrievance. All fees and costs or the arbitrator and court reporter, if any, will be borne by the losing party. The Department Head will provide a reply union has the authority to settle grievances at any step in the employee in writing within five (5) working days process on behalf of receipt members of the grievancebargaining unit.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Procedure. 1) Level One - An employee and employee, or an Association Representative on behalf of an employee, alleging a violation of the immediate Supervisor express provisions of this contract shall within forty-five (45) days of its alleged occurrence (or knowledge of the occurrence not to exceed one calendar year, whichever comes first) orally discuss the grievance with his/her supervisor. An Association Representative shall be present at this discussion in an attempt to resolve a potential grievance as defined in Clause 16.1 before it the problem. If no resolution is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose obtained within ten three (103) working days of the discussion the employees shall reduce the grievance arisingto writing and proceed within seven (7) days of said discussion to Level Two.
Step 2 If 2) Level Two - A copy of the employee wishes to pursue written grievance shall be filed with the grievance further Superintendent or his designated agent in Level One with the employee shall, within endorsement thereon of the approval or disapproval of the Supervisor. Within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and the Association representative to discuss the grievance. With in five (5) days of the discussion, the Superintendent or his designated agent shall render his decision in writing.
a3) If, having received a reply from Level Three - If the Department Head, grievant is not satisfied with the employee wishes to pursue disposition of the grievance furtherby the Superintendent or his designated agent, the employee shall, or if no disposition has been made within five (5) working days of receiving said replysuch meeting (or the ten days from the date of filing, forward whichever shall be later) the completed grievance form shall be transmitted to the Office Board by filing a written copy thereof with the Secretary or other designee of the City ManagerBoard. The Manager's Office Board, no later than its next regular meeting or ten (10) days, whichever shall refer be later, may hold a hearing on the grievance, or give such other consideration as it shall deem appropriate. Disposition of the grievance by the Board shall be made no later than ten (10) days thereafter. A copy of such disposition shall be furnished to the Association President.
4) Level Four - Individual employees shall not have the right to process a Grievance Sub-Committee grievance at Level Four.
a) If the Association is not satisfied with the disposition of the grievance at Level Three, it may within one thirty (130) working daydays after the decision of the Board, notify the Board of the intent to submit the matter to arbitration. The parties will then meet to select an arbitrator. If the parties cannot agree upon an arbitrator within ten (10) days, the matter will be referred to the American Arbitration Association, in writing.
b) The Grievance Sub-Committee Neither party may raise new defense or grounds at Level Four not previously raised or disclosed at other written levels. Each party shall consist of submit to the other party not less than three (3) weeks prior to the hearing a rehearing statement alleging facts ground and defenses which will be proven at the hearing and hold a conference at that time, in an appointee of attempt to settle the Union and an appointee of the City Managergrievance.
c) The Grievance Sub-Committee decision of the arbitrator shall have be final and conclusive and binding upon employees, the Board and the Association. Subject of the right to jointly investigate all aspects of the grievance Board and the Association to interview the Grievorjudicial review, the Supervisor, the Department Head and any other person who may have knowledge lawful decision of the circumstances of the grievancearbitrator regarding disciplinary matters shall be forthwith placed into effect.
d) The Grievance Sub-Committee shallPowers of the arbitrator are subject to the following limitations:
1) He shall have no power to add to, within ten (10subject from, disregard, alter or modify any terms of this Agreement.
2) working days He shall have no power to establish salary scales.
3) He shall have no power to decide any questions which, under Article III of this Agreement, is reserved as the responsibility of this management to decide.
4) He shall have no power to interpret state or federal law.
5) He shall not hear any grievance previously barred from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution scope of the grievancegrievance procedure.
6) More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and than only if they are of similar nature.
7) Where no monetary loss has been caused by the action of the Board complained of, or its failure the Board shall be under no obligation to agree, to the Grievor make monetary adjustments and the Department Head involved, arbitrator shall have no power to order one.
8) Arbitration awards or grievance settlements will not be made retroactive beyond the City Manager and the President date of the Union.
Step 4 If, having received the response occurrence or nonoccurrence of the Grievance Sub-Committee, the Union wishes to pursue event upon which the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenis based.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. An EASMC and the Board shall bear its own expenses in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance submitted to them.
a. Step 1 - The parties acknowledge that it is most desirable for an employee and the immediate Supervisor shall attempt administrator who made the decision on the issue being grieved to resolve a potential grievance as defined in Clause 16.1 before it is submitted any problem relating to the formal grievance procedure outlined belowterms of the Agreement through free and informal communications. However, if such informal processes fail to satisfy the employee and Supervisor are unable to resolve such potential grievanceemployee, it shall the problem may be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up further processed as a grievance provided that the grievance with the Supervisor from whose decision it arose is submitted in writing within ten (10) working 20 days of the grievance arisingalleged grievance.
b. Step 2 If the employee wishes to pursue - The grievant must submit the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, writing to the Department Headadministrator who made the decision on the issue being grieved. The Department Head administrator will provide arrange for a reply meeting to the employee in writing take place within five (5) working four days of after receipt of the grievance. The grievant and the administrator shall be present for the meeting. EASMC and/or the Board’s representative may be present at this step and any step thereafter. The administrator shall provide the grievant with a written answer on the grievance within four days after the meeting.
a) Ifc. Step 3 - If the grievant is not satisfied with the decision rendered by the administrator at Step 2, having received then they may appeal to the Superintendent within six days of the receipt of the decision of the administrator. The Superintendent shall arrange for a reply from meeting with the Department Head, the employee wishes grievant to pursue the grievance further, the employee shall, take place within five (5) working days of receiving said reply, forward the completed grievance form to the Office their receipt of the City Managerappeal. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee Each party shall have the right to jointly investigate all aspects include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the grievance and to interview the Grievorhearing, the SupervisorSuperintendent will have ten days in which to provide their written decision to the grievant.
d. Step 4 - If the grievant is not satisfied with the decision of the Superintendent in Step 3, or if the Superintendent fails to render a decision within the prescribed time, the Department Head and any other person who grievance may have knowledge within 15 days be submitted to arbitration by EASMC under the Voluntary Labor Rules of the circumstances American Arbitration Association. The arbitrator shall have no authority to add to, alter, amend or modify any provision of this Agreement or to make any award which will in any way deprive the Board of any of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as powers delegated to the definition and resolution Board by law. The award, in writing, of the grievancearbitrator, or its failure to agreeexcept as noted in the above statement, to shall be final and binding on the Grievor aggrieved and the Department Head involved, the City Manager and the President of the UnionBoard.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee The parties acknowledge that it is most desirable for any Para-Educator and the immediate Supervisor shall attempt Para-Educator’s immediately involved supervisor to resolve a potential grievance as defined problems through free and informal communications. When requested by the Para-educator, the Association representative may intervene to assist in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowthis resolution. However, if should such informal processes fail to satisfy the employee and Supervisor are unable to resolve such potential grievancePara-educator or the Association, it shall then a grievance may be finally and conclusively settled without stoppage of work by the following stepsprocessed as follows:
Step 1 The employee Association shall formally take up present the grievance grievance, in writing, setting forth the problem(s) being grieved, citing any alleged contract violation, and stating the redress sought, to the school Principal, who will arrange to meet within seven (7) days with the Supervisor from whose parties. The Association’s representative, the aggrieved Para-educator, and the Principal (all with or without representation) shall be present for the meeting. The Principal shall provide to the grievant and the Association a written decision within seven (7) days after such meeting, setting forth the reasons for the decision. No grievance will be given formal consideration unless it arose is filed at Step 1 within ten twenty-eight (1028) working days after the grievant had knowledge of the grievance arisingoccurrence that gave rise to the grievance.
Step 2 If the employee wishes to pursue grievance is not resolved at Step 1 or if a Step 1 time limit expires without the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt issuance of the grievance.
a) IfPrincipal’s written decision, having received a reply from then the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall Association may refer the grievance to the Superintendent or official designee within seven (7) days after the Step 1 decision was due or received. The Superintendent shall arrange for a Grievance Sub-Committee within one (1meeting with the grievance representative(s) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union Association and an appointee the aggrieved Para- educator(s) to take place within fourteen (14) days of the City Manager.
c) The Grievance Sub-Committee receipt of the appeal. Each party shall have the right to jointly investigate all aspects include in its representation such witnesses and counselors as it deems necessary to establish facts pertinent to the grievance. Upon conclusion of the grievance and to interview the Grievorhearing, the Supervisor, Superintendent will have seven (7) days in which to provide the Department Head and any other person who may have knowledge of Superintendent’s written decision to the circumstances of respective parties to the grievance.
dStep 3 If the grievance is not resolved at Step 2 or if a Step 2 time limit expires without the issuance of the Superintendent’s written decision, the Association may refer the grievance to the governing School Board or Boards within fourteen (14) days after the Step 2 decision was due or received. The Grievance Sub-Committee shallBoard shall arrange for a meeting within fourteen (14) days after the receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon completion of the meeting, the School Board will provide a written decision to the Association within fourteen (14) days.
Step 4 Arbitration - If the grievance is not resolved at Step 3, or the Step 3 time limits expire without the issuance of the School Board’s written answer, then the Association on behalf of the grievant may submit the grievance to arbitration. If a demand for arbitration is not filed with the Superintendent of Schools within twenty- one (21) days of the date that the School Board’s Step 3 decision was due or received, then the grievance will be deemed to be withdrawn. The Association or its representative and the Board or its representative shall seek to mutually agree upon the person of an arbitrator. If agreement cannot be reached within ten (10) working days, the Association may refer the matter to the American Arbitration Association (AAA) under their Voluntary Labor Arbitration Rules. Referral to the AAA must occur no later than twenty-one (21) days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution date of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Uniondemand for arbitration.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 3 contracts
Sources: Master Agreement, Collective Bargaining Agreement, Master Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it All grievances shall be finally presented for adjustment and conclusively settled without stoppage of work by handled in accordance with the following stepsprocedure:
Step 1 The 1. Any employee shall formally take up who believes they have a grievance, must submit the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes orally to pursue the grievance further the employee shall, their immediate supervisor within five (5) working days after the employee has knowledge of having taken the grievance, or within five days (5) after the employee reasonably should have had knowledge of the grievance. A representative of the Association may be present at such a meeting. The supervisor shall render their verbal decision within twenty-four (24) hours after the grievance up with is submitted.
Step 2. If the Supervisor grievance is not settled in Step 1, present such grievance in it shall be reduced to writing, on a form state the facts upon which it is based and when they occurred, specify the section of the Agreement which is alleged to have been violated and the relief sought, be approved signed by the City grieving employee and an Association representative, and be submitted to the immediate supervisor or their designee and the Unionbuilding principal, to if not the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallimmediate supervisor, within ten (10) working days from after the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution employee has knowledge of the grievance, or its failure to agree, to within ten (10) days after the Grievor and the Department Head involved, the City Manager and the President employee reasonably should have had knowledge of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, grievance. The supervisor shall make a written reply within five (5) working days after receipt of receiving said replythe written grievance.
Step 3. If the grievance is not settled in Step 2, refer the matter Association may submit a written request for a meeting with the Superintendent or their designee, which request shall be made within five (5) days after the Association's receipt of the Step 2 decision. The grievance report form (Appendix B) shall serve as such written request and shall be submitted by the Association to the Superintendent. The Superintendent or their designee and the Association representative, together with such additional representatives as either party may desire, shall meet and discuss the grievance within five (5) days after the grievance is presented at this step. The Superintendent or their designee shall give a written answer to the Association within five (5) days after the date of such meeting.
Step 4. If the grievance is denied by the Superintendent or their designee and no agreement is reached, the grievance shall be submitted to the Secretary of the Board by the Association within ten (10) days after the disposition by the Superintendent or their representative. The Board, no later than at its next regular meeting or ten (10) days, whichever shall be later, may hold a meeting on the grievance. Disposition of the grievance in writing by the Board shall be made no later than ten (10) days thereafter.
Step 5. If the grievance is not settled in Step 4, the Association may within twenty (20) days after the Employer's Step 4 decision, submit the grievance to binding arbitration in accordance with the American Arbitration Association's Voluntary Labor Arbitrator's Rules. The arbitrator shall have no power or authority:
a. to alter, add to, subtract from, or disregard the expressed terms of this Agreement;
b. to substitute their judgment for that of the Employer or Association as to the City Managerreasonableness of the provisions of this Agreement;
c. to rule on an issue excluded from the grievance procedure or arbitration by the terms hereof;
d. to award damages other than back pay; or
e. to interpret law or issue a ruling on a subject where there is a procedure under law for such relief. The City Manager arbitrator's decision shall be final and binding upon the Association, its members, the employee or his designate employees involved, and the Employer. The expense and fees of the arbitrator shall provide a written response to be paid by the Union within tenlosing party.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. An employee 1. FIRST STEP If the complaint cannot be resolved informally, the aggrieved party shall file the grievance in writing and, at a mutually agreeable time, discuss the matter with the Principal. If the immediate supervisor is the Superintendent, Steps 1 and 2 may be combined in the procedure. The written grievance shall state the nature of the grievance, that it is a grievance, shall note the specific clause or clauses of the Agreement allegedly violated, and shall state the remedy requested. The filing of the formal, written grievance at the first step must be within twelve (12) calendar days from the date of the occurrence of the event giving rise to the grievance. The principal shall make a decision on the grievances and communicate it in writing to the party and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose Superintendent within ten twelve (1012) working calendar days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of after receipt of the grievance.
a) If, having received 2. SECOND STEP In the event a reply from grievance has not been satisfactorily resolved at the Department HeadFirst Step, the employee wishes to pursue the grievance further, the employee shallaggrieved Teacher shall file, within five seven (57) working calendar days of receiving said replythe Principal’s written decision at the First Step, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects copy of the grievance and to interview with the GrievorSuperintendent. Within twelve (12) calendar days after such written grievance is filed, the Supervisor, aggrieved and the Department Head and any other person who may have knowledge Superintendent shall meet to resolve the grievance. The Superintendent shall file an answer within twelve (12) calendar days of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, Second Step grievance meeting and communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerparty and the Principal.
3. THIRD STEP In the event a grievance has not been satisfactorily resolved at the Second Step, the aggrieved teacher shall file, within four (4) calendar days of the Superintendent’s written decision at the Second Step, a copy of the grievance for review with the Board of Education. Within eighteen (18) calendar days after such written grievance is filed, the aggrieved and the Board of Education shall meet to resolve the grievance. The City Manager or his designate Board of Education shall provide a written response file an answer within eighteen (18) calendar says of the Third Step grievance meeting and communicate it in writing to the Union within tenparty, the Principal and the Superintendent. The association and/or the Teacher(s) shall not present any material, allegation, or remedy that was not presented in Step Two.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Professional Negotiations Agreement
Procedure. An Level One
1. Any employee and the immediate Supervisor having a grievance shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up discuss the grievance with the Supervisor from whose decision it arose his/her immediate supervisor within ten (10) working work days of his/her knowledge of the grievance arisingevent or occurrence which is the basis for the complaint.
Step 2 If 2. The immediate supervisor shall render an oral decision to the employee wishes to pursue the grievance further the employee shall, grievant(s) within five (5) working days of having taken the above discussion.
1. If the Level One decision is not satisfactory, the oral grievance up shall be reduced to writing on the Grievance Report Form and shall be presented to the immediate supervisor and the Association within seven (7) work days of the receipt of the Level One answer.
2. The immediate supervisor shall hold a meeting with the Supervisor in Step 1, present such grievance in writing, on grievant and/or the grievant’s Association Representative within seven (7) work days of the receipt of the grievance.
3. The immediate supervisor shall render a form to be approved by the City and the Union, written decision to the Department Head. The Department Head will provide a reply to the employee in writing grievant within five (5) working work days of said meeting.
1. If the Level Two decision is not satisfactory, the grievance shall be presented to the Superintendent or the Superintendent’s designee within five (5) work days of receipt of the grievance.
a2. The Superintendent or the Superintendent’s designee shall hold a meeting with the grievant and/or the grievant’s Association Representative at a time mutually agreeable to them, but within (7) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working work days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances receipt of the grievance.
d) 3. The Grievance Sub-Committee shall, Superintendent or the Superintendent’s designee shall render a written decision to the grievant within ten (10) working work days from of the time meeting.
4. The Association Grievance Chairperson may initiate a grievance directly at Level Three when either of receiving the grievance, communicate following conditions apply:
a. A grievance involves a group of employees in writing any mutually agreed findings and recommendations as more than one building or an issue applies to the definition and resolution of the grievanceunit as a whole, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.or
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue b. The action precipitating the grievance further, it shall, within five (5) working days of receiving said reply, refer was initiated by management at a level higher than the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenimmediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee Before a grievance is filed, a sincere attempt should be made to resolve any grievances by oral interview between the aggrieved and the immediate Supervisor shall attempt to resolve a potential grievance supervisor before differences become formalized as defined in Clause 16.1 before it is submitted to grievances. At this meeting, the formal grievance procedure outlined belowUnion Representative may attend at the request of the aggrieved. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage FIRST STAGE: The filing of work by the following steps:
Step 1 The employee shall formally take up the grievance with at the Supervisor from whose decision it arose first stage must be within ten (10) working school days of either the occurrence of the grievance, or the Union becoming aware of the grievance. However, the Initial filing must be no later than six (6) months following the occurrence. The meeting with the supervisor and/or appropriate District representative will take place within four (4) school days of the receipt of the written grievance. The supervisor and/or appropriate District representative, who has authority to make a decision on the grievance, shall make such decision and communicate it in writing within four (4) school days after the meeting, to the grievant, Superintendent, and the Union President. SECOND STAGE: In the event a grievance arising.
Step 2 If has not been satisfactorily resolved at the employee wishes to pursue first stage, the grievance further the employee shallaggrieved employee, or his/her Union designee, will file, within five (5) working school days of having taken the receipt of the supervisor’s written decision or answer of the first stage, a letter to the Assistant Superintendent for Human Resources requesting a meeting. Within four (4) school days after such written grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved is received by the City Assistant Superintendent for Human Resources, the aggrieved, the Union Representative, the Supervisor, the Assistant Superintendent for Human Resources, and appropriate District representative will meet to resolve the Union, to the Department Headgrievance. The Department Head Assistant Superintendent for Human Resources will provide a reply to the employee in writing file an answer within five (5) working school days of receipt of the grievance.
a) Ifsecond stage grievance meeting, having received and communicate it in writing to the grievant, Union President and Superintendent. THIRD STAGE: In the event a reply from grievance has not been satisfactorily resolved at the Department Headsecond stage, the employee wishes to pursue the grievance furtheraggrieved, the employee shallor his/her Union designee, will file, within five (5) working school days of receiving said replythe receipt of the Assistant Superintendent for Human Resource’s written decision or answer at the second stage, forward the completed grievance form a letter to the Office of the City ManagerSuperintendent, or appropriate District representative, requesting a meeting time for all parties involved. The Manager's Office Superintendent or appropriate District representative, the aggrieved and a Union representative shall refer meet within ten (10) school days after receipt of said letter. The Superintendent or appropriate District representative shall submit a written answer to the grievant and the Union within ten (10) school days following the meeting. FOURTH STAGE: If the grievance cannot be settled at the third stage the grievance shall be submitted to a Grievance Sub-Committee within one the Board of School Inspectors no later than seven (17) working day.
b) The Grievance Sub-Committee shall consist of days before its next regularly scheduled meeting unless an appointee of earlier or later date is agreed to by all parties. FIFTH STAGE: If the grievance is not resolved satisfactorily to the Union and an appointee after the hearing before the Board (Fourth Stage), there shall be a fifth stage of the City Manager.
c) impartial arbitration. The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who Union may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallsubmit in writing, within ten (10) working days from of the Board hearing and/or decision, a request to enter into such arbitration. The parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit to them a list of seven (7) arbitrators’ names and qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such list, the parties shall alternately strike names with the party requesting arbitration making the first strike. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties with respect to setting up a time of receiving the grievance, communicate in writing any mutually agreed findings for a hearing. All expenses incurred shall be shared equally by Board and recommendations as Union. It is understood that such expenses will be limited to the definition Arbitrator’s fee. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and resolution singly to interpretation and implementation of the grievanceterms of this contract, both parties agree to abide by the results of the finding of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President modify in any way any of the Union.
Step 4 If, having received the response terms or conditions of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenagreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and a. Level One: Before filing a formal grievance, the immediate Supervisor grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted by an informal conference with his/her immediate supervisor.
b. Level Two: Within twenty (20) days after the grievant knew or should have reasonably known of the act or omission giving rise to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it the grievant must present the grievance in writing on the district grievance form to his/her immediate supervisor, with a copy to the Superintendent and the Association. This shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt statement of the grievance.
a) If, having received a reply from including the Department Headspecific provision of the Agreement allegedly violated, the employee wishes to pursue the grievance furthercircumstances constituting such alleged violation, the employee shalldecision rendered at the informal conference, within five (5) working days of receiving said reply, forward and the completed grievance form specific remedy sought. The immediate supervisor shall communicate his/her decision to the Office of grievant, Superintendent and the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallAssociation in writing, within ten (10) working days from after receiving the formal grievance. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level.
c. Level Three: If the grievant believes the decision at Level Two to be incorrect, he/she may within ten (10) days appeal the decision on the appropriate district grievance appeal form to the Superintendent or his/her designee. Within ten (10) days after the receipt of receiving the written grievance by the Superintendent, the Superintendent or his/her designee will meet the grievant and/or the grievants representative to resolve the grievance, . The Superintendent or his/her designee shall communicate in writing any mutually agreed findings and recommendations as his/her decision to the definition grievant, the immediate supervisor, and resolution the Association within fifteen (15) days. If the Superintendent or his/her designee does not respond within the time limits provided, the grievant may appeal to the next level.
d. Level Four: If not satisfied with the disposition of the grievancegrievance at Level Three, or its failure if there has been no written decision, the Association may submit the grievance to agreearbitration within twenty (20) days. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of submission of the grievance to arbitration, the grievance shall be submitted to the Grievor State Conciliation and Mediation Service. The arbitrator’s decision will be in writing. The arbitrator will be without power or authority to alter, amend or modify this Agreement, or to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator will be submitted to the Superintendent, grievant and the Department Head involvedAssociation, and shall be binding to all parties. All costs for the City Manager services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the President cost of any hearing room, will be borne equally by the UnionDistrict and the Association. All other costs will be borne by the party incurring them. Expedited arbitration may be used by mutual agreement.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An [a] Step 1 - Informal Discussion Should an employee and the immediate Supervisor shall attempt to resolve believe that there is basis for a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it he/she shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up discuss the grievance with his/her immediate supervisor with the Supervisor from whose decision it arose objective of resolving the matter. To initiate the grievance process, the employee must inform the supervisor that the complaint is a grievance. The grievance shall be initiated no later than ninety (90) calendar days following knowledge of the event or action being grieved. Proceedings should be kept as informal and confidential as may be appropriate for determination. [b] Step 2 - Written Grievance
(i) If, after the required informal discussion with the supervisor a grievance still exists, the employee shall submit to the supervisor the grievance in a written statement explaining the grievance, identifying the provision or policy in question, and stating the remedy desired with the objective of resolving the matter. The written statement shall be submitted no later than ninety (90) calendar days following knowledge of the event or action being grieved, be identified as a grievance, be dated and signed by the grievant.
(ii) Within ten (10) working days, the supervisor shall meet with the grievant. The supervisor shall indicate his/her disposition of the grievance in writing within ten (10) working days of the meeting and shall furnish a dated copy thereof to the employee. [c] Step 3 - School Principal or Department Director
(i) This step is not applicable if the grievance arising.
was heard in Step 2 If by the Building Principal or Department Director. Otherwise, if the employee wishes to pursue is not satisfied with the disposition of the grievance further at Step 2, or if no decision has been rendered within ten (10) additional working days, the employee shalldated complaint shall be forwarded by the grievant, within five ten (510) more working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Uniondays, to the Building Principal or Department Head. Director.
(ii) The Building Principal or Department Head will provide a reply to Director shall meet with the employee in writing within five ten (510) working days of receipt of the written grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office Building Principal or Department Director shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, render his/her written decision within ten (10) working days from of the time meeting. [d] Step 4 - District Liaison Meeting If the employee is not satisfied with the disposition of receiving the grievancegrievance at the last applicable step, communicate in writing any mutually agreed findings and recommendations as he/she may ask, with the objective of resolving the matter, that the grievance be submitted to the definition and resolution District Liaison Meeting held with the recognized collective bargaining agent for classified employees. Submission to the Liaison Meeting is not mandatory. [e] Step 5 – Superintendent
(i) If the employee is not satisfied with the disposition of the grievancegrievance at the last applicable step, or its failure to agreeif no decision has been rendered within ten (10) additional working days, the dated complaint shall be forwarded by the grievant within ten (10) more working days, to the Grievor and the Department Head involved, the City Manager and the President Superintendent of the UnionSchools or his/her designee.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, (ii) The Superintendent or designee shall render his/her written decision within five ten (510) working days of receiving said replyreceipt of the written grievance. [f] Step 6 - Board of Education
(i) If the employee is not satisfied with the decision rendered in Step 5, refer the matter in writing employee and/or his/her representative may submit a written summary of the grievance to the City ManagerBoard of Education within ten (10) working days following delivery of the decision by the superintendent or his/her designee. The City Manager employee may request or his designate the Board may decide that the grievance be heard by a hearing examiner.
(ii) The Board may resolve the issue, conduct its own hearing or appoint an impartial third party hearing examiner. The Superintendent or his/her representative and the employee or his/her representative shall provide mutually agree upon a hearing examiner who is a resident of the State of Utah.
(iii) The hearing examiner shall ascertain whether there was compliance with provisions in this agreement or applicable policy and ascertain the reasonableness of the grievance and resolution requested. The written response recommendation of the hearing examiner shall include findings of fact and shall be subject to the Union within tenfinal decision of the Board.
(iv) The expense of the hearing examiner shall be borne equally by the District and the employee if the employee requested the grievance be heard by a hearing examiner. The expenses of the hearing examiner shall be borne by the District if the Board decides to have the grievance heard by a hearing examiner unless the examiner finds that the grievance is without merit. In that case, the expenses of the hearing examiner shall be borne equally by the District and the employee.
Appears in 2 contracts
Sources: Classified Agreement, Classified Agreement
Procedure. An employee Applicants for full-time leave for professional development shall prepare a proposal for leave which describes the prospective activity and indicates the contribution it will make to the individual concerned and the immediate Supervisor college, utilizing a form established by the employer. This proposal shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted be presented to the formal grievance procedure outlined belowPresident six (6) months in advance of the requested leave. HoweverThe President shall seek the recommendation of the supervisor. In making this recommendation, if the employee and Supervisor are unable to resolve such potential grievance, it supervisor shall be finally and conclusively settled without stoppage of work guided only by the following stepscriteria contained in this Article. Prior to making his/her recommendation to the President, the supervisor shall meet with the applicant and discuss his/her intended recommendation with the applicant. The President shall also seek the recommendation of the Professional Development Committee which shall be completed by December 15. In making its recommendation, this committee shall be guided only by the criteria contained in this Article. Prior to making his/her recommendations for professional development leave to the President of the Connecticut State Colleges and Universities, the President or his/her designee shall meet and discuss his/her intended recommendations with the committee. Where there are differences between the President and the committee, the committee may forward a statement of the reasons for its position to the President of the Connecticut State Colleges and Universities, with a copy to the President. In addition, the President may consult with and/or seek the recommendations of other representatives of the employer, provided, however, that the President shall inform persons under consideration of any formal recommendation process and any such recommendation shall be guided only by the criteria contained in this Article. Formal recommendations made to the President by other employees of the college shall be consistent with the following:
Step 1 (a) Recommendations shall be limited to bargaining unit members for whom the management personnel have direct supervisory responsibility;
(b) Management recommendations shall be guided by the criteria contained in this Article and management personnel shall give consideration to all materials specified and the recommendationsof the supervisors and the Professional Development Committee. The employee foregoing shall formally take up not be deemed to limit the grievance with the Supervisor from whose decision it arose within ten (10) working days right of the grievance arising.
Step 2 If the employee wishes President to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor consult others as provided in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Headthis paragraph. The Department Head will provide a reply professional staff member shall be entitled to know the employee formal recommendations at each level in writing within five the decision of the President, which shall be final. Within ninety (590) working days of receipt of the grievance.
a) If, having received a reply from the Department Headproposal, the employee wishes President shall forward his recommendations to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response Connecticut State Colleges and Universities for final determination. The President of the Grievance Sub-Committee, Connecticut State Colleges and Universities shall act on the Union wishes to pursue the grievance further, it shall, recommendations within five sixty (560) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tendays.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and To promote better relations, the immediate Supervisor shall attempt parties agree to resolve a potential grievance settle any disputes as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage meaning of work interpretation of this contract by the following stepsprocedures:
Step 1 The employee shall formally take up 1. After first attempting to resolve the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallinformally, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, or any employee with notice to the Department HeadUnion, may claim a breach of this Agreement in writing to the employee's immediate supervisor within fourteen (14) calendar days from the occurrence thereof, or the employee's knowledge thereof. The Department Head will provide a reply to notice shall be completed on the employee in writing within five approved Official Statement of Grievance form and shall include:
(5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects A statement of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge relevant facts;
(b) Provision of the circumstances of contract violated;
(c) Remedy sought The supervisor or designee shall respond to the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate grievance in writing any mutually agreed findings and recommendations as within fourteen (14) calendar days, with a copy to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 2. If after fourteen (14) calendar days from the date of submission of the grievance to the supervisor, the grievance remains unresolved, the grievance may be submitted within fourteen (14) calendar days to the department head. The department head or designee may meet with the aggrieved party, who may request Union representation at the hearing. The department head or designee shall respond to the grievance in writing within fourteen (14) calendar days, with a copy to the Union.
Step 3. If, having received after fourteen (14) calendar days from the response date of submission of the Grievance Sub-Committeegrievance to the department head, the Union wishes to pursue grievance remains unresolved, the grievance furthermay be submitted within fourteen (14) calendar days to the City Manager or designee, it shall, within five (5) working days of receiving said reply, refer who shall meet with the matter aggrieved party and Union representatives and shall respond to the grievance in writing within fourteen (14) calendar days, with a copy to the Union.
Step 4. If the grievance is not resolved within fourteen (14) calendar days from submission of the grievance to the City Manager, the Union may notify the City of its intent to submit the matter to an arbitrator within fourteen (14) calendar days from the time the grievance response was received or due. The City Manager or his designate arbitrator shall provide a written response be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within twenty-five (25) calendar days of the submission of the grievance to the City Manager, he/she shall be chosen in the following manner:
(a) A list of eleven (11) Oregon/Washington arbitrators from the Oregon Employment Relations Board shall be requested and the parties shall alternately strike one (1) name from the list until only one (1) is left. The Union shall strike the first name. The one (1) remaining shall be the arbitrator.
(b) The arbitrator shall render a decision in writing within tenthirty (30) days of the close of the hearing. The powers of the arbitrator shall be limited to interpretation of this Agreement, determining whether a specific provision of this Agreement has been violated, and establishing an appropriate remedy provided such remedy is within the scope of this Agreement. The decision of the arbitrator shall be binding on both parties.
(c) The cost of the arbitration shall be borne by the losing party. Each party shall be responsible for the costs of presenting its own case to the arbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and the immediate Supervisor The grievant shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. Howeverbe entitled, if the employee and Supervisor are unable he/she so requests, to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work represented by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days Association at all steps of the grievance arisingprocedure.
1. Step 2 1
2. Step 2
3. Step 3
4. Step 4
a. If the employee wishes to pursue grievant and/or the grievance further the employee shall, within five (5) working days of having taken the grievance up Association is not satisfied with the Supervisor decision in Step 13, present such grievance in writing, on a form to be approved by the City and grievant may request that the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt Association pursue mediation of the grievance.
a) If, having received a reply from b. If the Department HeadAssociation concurs with the grievant’s request, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee Association shall, within ten (10) working days from of receipt of the time decision in Step 3, provide the District with a written request to submit the grievance to mediation. Within five (5) days of receiving the grievancerequest, communicate the District shall notify the Association whether or not mediation is acceptable.
c. If the Association and the District mutually agree to submit the grievance to mediation, the Association shall request that a mediator from the California State Mediation and Conciliation Service be assigned to assist the parties in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance. The parties will set a meeting with the assigned mediator as soon as reasonably possible for all parties.
(1) The grievant and not more than two (2) other teachers relevant to the mediation shall be released from duty for mediation meetings.
d. The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance. If such is achieved, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District.
e. In the event that no satisfactory resolution of the grievance is reached, or its failure if either party wishes to agreeterminate the mediation, the grievant and/or the Association may proceed to Step 5.
f. Any statement or offer of settlement made by either party during the mediation process shall not be introduced or relied upon to establish any interpretation of this Agreement in subsequent proceedings.
5. Step 5
a. If the grievant and/or the Association is not satisfied with the disposition of the grievance at Step 4, the grievant may request that the Association submit the grievance to arbitration.
b. If the Association proceeds to arbitration, it shall so notify the District in writing within twenty (20) days of the termination of Step 4. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified time, the Association shall file a Demand to Arbitrate to the Grievor American Arbitration Association. The selection of the arbitrator and the Department Head involvedarbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association.
c. The arbitrator’s decision shall be in writing and shall set forth the findings of act, reasoning and conclusions of the issues submitted. If the parties cannot agree upon a submission agreement, the City Manager arbitrator shall determine the issues by referring to the written grievance documents and presentations of the parties at the hearing.
d. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or to add to, subtract from, or modify the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator shall be submitted to the Association and the President District and will be final and binding upon the parties. If any question arises as to the arbitrability of the Uniongrievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance.
Step 4 If, having received e. All costs for the response services of the Grievance Sub-Committeearbitrator, including, but not limited to per diem expenses, his/her travel and subsistence expenses and the Union wishes to pursue cost of any hearing room, will be borne equally by the grievance furtherDistrict and Association. All other costs will be borne by the party incurring them, it shallexcept for released time for the grievant(s), within five (5Association representative(s) working days of receiving said reply, refer and witnesses which shall be provided by the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenDistrict.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Should a dispute arise between the Employer and any employee or employees regarding the interpretation, application, operation or an alleged violation of this agreement, including any question as to whether a matter is arbitrable, the dispute shall be considered a grievance and an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following manner: An employee and may, subject to the immediate Supervisor shall attempt to resolve time limits in (c) below, initiate a potential grievance as defined in Clause 16.1 before it is submitted follows:
(a) Step 1 - Informal Step - Subject to the formal grievance procedure outlined time limits in (c) below. However, if in the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days first step of the grievance arisingprocedure, every reasonable effort shall be made to settle the dispute with the immediate supervisor. The aggrieved employee shall have the right to have a ▇▇▇▇▇▇▇ present at such a discussion. If the grievance is not settled at this step, it may be presented in writing at Step 2.
(b) Step 2 If - First Formal Step - Subject to the time limits in (c) below, an employee wishes to pursue may present a grievance at this level by: • Recording the grievance further on the employee shallappropriate grievance form, within five (5) working days setting out the nature of having taken the grievance up with and the Supervisor in circumstances from which it arose; • Stating the article(s) or clause(s) of the agreement infringed upon or alleged to have been violated and the remedy or correction required; and • Transmitting the grievance to the next level of management through the union ▇▇▇▇▇▇▇. Time Limits to Present at Step 1, present such 2 - An employee may initiate the written grievance at Step 2 of the grievance procedure not later than 30 days after the date: • On which he/she was notified orally or in writing, on of the action or circumstances giving rise to the grievance; • On which he/she first became aware of the action or circumstances giving rise to the grievance. Time Limit to Reply at Step 2 The Employer’s Step 2 designate shall reply in writing to the ▇▇▇▇▇▇▇ (with a form copy to be approved by the City grievor and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing staff representative) within five (5) working 21 days of receipt of the grievancegrievance at Step 2.
a(c) If, having received a reply from Step 3 - Second Formal Step - The staff representative may present the grievance at Step 3 or meet with the Manager of Human Resources and/or the Department Head, the employee wishes Manager or Director to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of discuss the grievance and the proposed remedy at Step 3: • Within 21 days after the Step 2 reply has been received by the staff representative; or • Within 21 days after the Employer’s Step 2 reply was due. Time Limit to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) Reply at Step 3 The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter employer designate will respond in writing to the City Managerstaff representative within 21 days of receipt of the grievance at Step 3.
(d) Where the attendance of the aggrieved employee at either the Step 2 or Step 3 meeting does not delay the timelines noted above, the aggrieved employee will be afforded the opportunity to attend. The City Manager or his designate shall provide a written response Union will encourage the aggrieved employee to attend the Union within tenStep 2 and Step 3 meeting.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. Step 1 An employee and the is expected to discuss any grievance initially with his/her immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose supervisor within ten fourteen (1014) working days of the grievance arisingalleged inequitable treatment or when the employee becomes reasonably aware of the alleged inequitable treatment.
Step 2 Beginning with this step, a written grievance is required and at all steps thereafter shall contain the following information: delivered to the Fire Marshal, District Chief, or their replacement(s) having proper jurisdiction.
1. A statement of the grievance date of occurrence and the details and facts upon which the grievance is based.
2. The Article and Section of the Labor Agreement alleged to have been violated.
3. The action, remedy, or solution requested by the employee.
4. The signature of the aggrieved employee and Union representative if applicable.
5. The date submitted. Grievances submitted which do not contain all of the above information and subsequent replies shall be considered inappropriate and shall be declared null and void and returned to the employee or to the Union as applicable. If the matter is not settled with the employee’s immediate supervisor, the aggrieved employee wishes or his/her Union representative may submit a written grievance and relief sought to pursue the grievance further the employee shall, within five Fire Chief no later than fourteen (514) working days of having taken from the meeting with the immediate supervisor. The Fire Chief shall respond to the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five fourteen (514) working days of receipt of the grievanceit.
a) If, having received a reply from the Department Head, Step 3 If the employee wishes to pursue feels that the grievance furtherhas not been satisfactorily adjusted by the Fire Chief, a written grievance and/or documentation shall be submitted to the employee shallCity Manager, or his/her designee within five fourteen (514) working days of receiving said the Fire Chief’s reply. The City Manager may conduct hearings, forward investigations, and/or reviews necessary to determine the completed grievance form facts and issue a written finding to the Office Union no later than fourteen (14) days of receipt of the written grievance.
Step 4 If the employee feels the findings of the City ManagerManager does not provide for a satisfactory answer to this grievance within fourteen (14) working days a written appeal may be submitted to the City Manager within the fourteen (14) working days and sent to the address at City Hall via return receipt mail. The Manager's Office parties hereto acknowledge the importance of both the time limitations and the requirements for written grievances and appeals expressed in this Article, and no grievance shall refer be considered or deemed to exist that is not reduced in writing in the manner specified, timely filed and pursued at each step of the grievance procedure, and timely submitted to arbitration. A timely filed grievance not answered by management within the time limit prescribed shall be treated as a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects denial of the grievance and the grievance may be pursued to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge next step of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerprocedure. The City Manager or his designate shall provide Time limits may not be extended except by a written response to the Union within tenmutual agreement signed by representatives of both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An During the term of this Agreement, any difference concerning the discipline, suspension or dismissal of an employee or the interpretation, application, operation or any alleged violation of the Agreement, including any question as to whether any matter is arbitrable, shall without stoppage of work, be the subject of collective bargaining between the Union and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. HoweverCorporation, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work under and by the following stepsprocedure:
Step 1 The employee grievance shall formally take up the grievance with the Supervisor from whose decision it arose be stated in writing, within ten (10) working days of and shall state that the matter is a grievance arisingin accordance with this Article and shall be submitted to the Department Head concerned.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will shall review the matter and provide a reply to the employee in writing written response within five seven (57) working days of receipt of the grievance.
a. Should the matter be unresolved, the Union may refer the grievance to Step 3 within seven (7) If, having received a reply from working days of receipt of the Department Head's written response. Within seven (7) working days of the referral to Step 3, the employee wishes grievance shall be discussed between the Grievance Committee of the Corporation, the aggrieved employee, the Grievance Committee of the Union and/or the Official Representative of the Union. Should the parties be unable to pursue settle the matter during the seven (7) working days, either party may refer the grievance furtherto Step 4, Arbitration, within a further seven (7) working days. A Board of Arbitration shall be formed to hear the Grievance. Either party shall notify the other, in writing, of the question(s) to be arbitrated and the name and address of its chosen representative on the Arbitration Board. After receiving such notice and statement, the employee shall, other party shall within five (5) working days appoint its representative on the Arbitration Board and give notice in writing of receiving said reply, forward the completed grievance form such appointment to the Office of other party. Such representatives shall endeavour to select a third member who shall be Chairperson. Should the City Manager. The Manager's Office shall refer the grievance representatives fail to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, select such third member within five (5) working days from the appointment of receiving said replythe last representative, refer either party may request the matter in writing Minister of Labour of the Province of British Columbia to the City Managerappoint a Chairperson. The City Manager or his designate expenses and compensation of the representatives selected by the parties shall provide a written response to be borne by the Union within tenrespective parties. The expenses and compensation of the Chairperson shall be shared equally between the parties. Within fourteen (14) days following the establishment of the Board of Arbitration, it shall report its decision on the Grievance. The majority decision of the Board shall be final and binding on all persons bound by this Agreement. By mutual agreement between the Corporation and the Union, the above time limits may be extended.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. An A. Step One - (IMMEDIATE SUPERV ISOR, WRITTEN) If the alleged grievance cannot be settled informally with the employee's immediate supervisor, then the employee will reduce the grievance to writing (see Appendix C). Within five (5) days of the receipt of the grievance, the supervisor will schedule a meeting with the employee and the immediate Supervisor shall attempt to resolve Association Representative at a potential grievance as defined in Clause 16.1 before it is submitted time and place agreeable to the formal grievance procedure outlined belowparticipants. However, if After the employee meeting and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken days, the grievance up with supervisor will put in writing on the Supervisor in Step 1appropriate form (see Appendix C), present such grievance in writing, on a form to be approved by his/her decision. If the City employee and the UnionAssociation do not accept the decision of the supervisor, to the Department Head. The Department Head then they will provide a reply to the employee in writing make this decision known within five (5) working days of the receipt of the grievancedecision from the supervisor and forward it to Step Two.
aB. Step Two - (SUPERIN TENDEN T/D ESIGNEE, WRITTEN) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects Upon receipt of the grievance and to interview the Grievorfrom Step One, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallSuperintendent/designee will, within ten (10) working days, schedule a meeting with the employee and the Association Representative at a time and place agreeable t o the participants. Members of the administration who may be involved in the alleged grievance may also be in attendance at the request of either party. Within ten (10) days from of this meeting the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as Superintendent/designee will make his decision known to the definition and resolution Association. If the decision is not acceptable by the Association, then the grievance may be forwarded to Step Three.
C. Step Three - (ARBITRATION - WRITTEN) If the grievance is still not settled, the Association may, within fifteen (15) days after the Superintendent/designee's answer, submit the grievance to arbitration. The rules of the grievanceAmerican Arbitration Association will govern the filing of the demand for arbitration, or its failure to agreethe selection of the arbitrator, to the Grievor and the Department Head involvedconducting of the hearing, and all other matters surrounding the City Manager arbitration process. The cost for the services of the arbitrator, including per diem expenses, and the President American Arbitration Association filing fees will be borne equally by the District and AAES. All other expenses will be borne by the parties incurring them; and neither party will be responsible for the expense of witnesses called by the other, except the grievant(s), grievance committee members, and Association member(s) who are witnesses involved in the grievance will be released without loss of pay to participate in the arbitration hearing. The decision of the Unionarbitrator will be final and binding on the District, AAES, and employee.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. An Grievances shall be presented and adjusted according to the following procedure: Any employee and the immediate Supervisor shall attempt to resolve with a potential grievance as defined in Clause 16.1 before it is submitted to herein may informally discuss the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work matter directly or accompanied by the following steps:
Step 1 The employee shall formally take up the grievance a Union representative with the Supervisor from whose decision it arose within ten (10) working days appropriate member of the grievance arisingadministration.
Step 2 If 1. In the employee wishes to pursue event the matter is not resolved informally, a written grievance further may be filed with the employee shall, Director of Transportation within five (5) working days of having taken workdays1 following the grievance up with day the Supervisor in Step 1grievant learned or reasonably should have known about the violation, present such grievance in writingmisapplication or misinterpretation, on a form to be approved by which is the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt basis of the grievance.
aa. Within five (5) Ifworkdays after receipt of the written grievance, having received the Director shall communicate his/her decision, in writing, together with the supporting reasons to the aggrieved party.
Step 2. Within five (5) workdays after receiving a reply, if the employee or the Union still feels aggrieved, he/she may appeal to the Director of Human Resources. The appeal must be in writing and must include a statement of the grievance and the reply of the Director of Transportation.
a. Within five (5) workdays after receipt of the appeal, the Director of Human Resources shall communicate his/her decision, in writing, together with the supporting reasons, to the aggrieved party.
Step 3. Within ten (10) workdays after receiving a reply from the Department HeadDirector of Human Resources, if the employee wishes to pursue or the grievance furtherUnion still feels aggrieved, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form he/she may appeal to the Office of the City ManagerSuperintendent. The Manager's Office shall refer the grievance to appeal must be in writing and must include a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects statement of the grievance and to interview the GrievorDirector of Resources reply.
a. Within thirty (30) workdays after receiving an appeal, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of Superintendent shall hold a hearing or meeting concerning the grievance.
d) The Grievance Sub-Committee shall, within which the Union may attend, if they choose. Within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution date of the grievancehearing or meeting, or its failure to agreethe Superintendent shall communicate his/her decision, in writing, together with the supporting reasons, to the Grievor Union and the Department Head involvedaggrieved party.
Step 4. If the Superintendent and the Union are unable to resolve any grievance, the City Manager and grievance may be submitted to arbitration within twenty-(20) work days after the President decision of the Superintendent. The grievance shall be considered submitted to arbitration when written notice is submitted to the District by the Union informing the Superintendent of the Union.
Step 4 If, having received ’s intent to arbitrate the response grievance. AFSCME Council 25 Arbitration Department shall send a list of the Grievance SubAd-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing Hoc arbitrators to the City Manager. The City Manager or his designate shall provide a written response District to see if the Union within tenparties can mutually accept an Arbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An 2.1 Step 1: Within twenty-one (21) calendar days after the act or omission which gives rise to the grievance or an employee becomes aware or should have reasonably be- come aware that the employee has a grievance, the employee and/or the employee’s representative shall present the grievance in writing to the employee’s department or agency head. The writing shall state the nature of the grievance and the remedial action requested. The department or agency head or their representative may meet with the employee and/or the employee’s representative and shall provide the employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance employee’s representative with the Supervisor from whose their decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five twenty-one (521) working calendar days of receipt of the grievancegrievance at this Step 1.
2.2 Step 2: If the grievance is not resolved at Step 1 within fourteen (14) calendar days after receipt of the written decision of the department or agency head the employee and/or the employee’s representative may appeal to the State Chief Counsel, Office of Employee Relations, by filing with them a written notice of appeal, together with copies of the written grievance and the Step 1 decision. The Chief Counsel, Office of Employee Relations, or their representative may meet with the employee and/or the employee’s representative and shall provide the employee and/or the employee’s representative with a written decision within twenty-one (21) calendar days of receipt of the appeal; or, if a meeting is held, within fourteen (14) calendar days after the conclusion of such meeting.
(a) If, having received a reply from the Department Head, the employee wishes to pursue If the grievance furtherhas not been satisfactorily resolved at Step 2, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer then MSEA- SEIU may submit the grievance to arbitration by submitting a Grievance Sub-Committee request for arbitration to the Chief Counsel, Office of Employee Relations, as well as a statement of the grievance specifying the Article, section or clause of the contract alleged to have been violated, along with the concise statement of facts surrounding the issue and the remedial action requested. The request for arbitration shall be received by the Chief Counsel, Office of Employee Relations, through personal service, fax, email, or by mailing by registered or certified mail within one (121) working daycalendar days of receipt of the Step 2 decision.
(b) The Grievance Sub-Committee Upon receipt by the Chief Counsel, Office of Employee Relations, of a request for arbitration, the parties shall consist attempt to mutually agree upon an arbitrator. If unable to agree upon an arbitrator within fourteen (14) calendar days of an appointee receipt of the Union and an appointee of request for arbitration, the City Managerarbitrator shall be selected through the Labor Relations Connection (“LRC”) in accordance with the LRC rules then in effect.
(c) The Grievance Sub-Committee decision of the arbitrator shall be binding consistent with applicable law and this Agreement. The arbitrator shall have the right no authority to jointly investigate all aspects add to, subtract from or modify any provisions of this Agreement. The arbitrator shall have no authority to award interest on any award. All costs of arbitration, including fees and expenses of the grievance arbitrator, shall be divided equally between the parties, except as provided in section 2.4(b) of this Article, and to interview except that each party shall bear the Grievor, the Supervisor, the Department Head costs of preparing and any other person who may have knowledge of the circumstances of the grievancepresenting its own case.
(d) The Grievance Sub-Committee shallarbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The arbitrator shall be requested to issue a written decision within ten thirty (1030) working days from after completion of the proceedings. The arbitrator shall be bound by the rules of the LRC which are applicable to labor relations arbitrations and which are in effect at the time of receiving the grievancearbitration. In the event of a disagreement regarding the arbitrability of an issue, communicate in writing any mutually agreed findings and recommendations the arbitrator shall make a preliminary determination as to whether the definition and resolution issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed to determine the merits of thedispute.
(e) In grievances involving discharge of an employee and/or discipline which has led to a discharge, the arbitration hearing shall be held within twelve (12) months of the grievancesubmission of the demand for arbitration, or its failure unless the parties mutually agree to agreewaive this requirement. Subsequent hearing dates, if necessary, shall be held at the earliest date(s) offered by the assigned arbitrator and which is mutually acceptable to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerparties. The City Manager or his designate parties agree that in the event of a conflict in the scheduling of grievance arbitrations, grievances involving discharge and/or discipline which has led to a discharge shall provide a written response to have priority over all other pending grievance arbitration matters between the Union within tenparties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level are maximums and every effort should be made to expedite the process. However, the time limits may be extended by mutual agreement of the parties.
A. Level One
1. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However▇▇▇▇▇▇▇, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work requested by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee employee, shall, within five (5) working days of having taken the grievance up occurrence of the grievance, orally discuss the matter with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by immediate supervisor with the City and objective of resolving the Union, to the Department Headmatter informally. The Department Head will provide a reply to the employee All grievances of disciplinary action shall begin at level two in writing within five on the proper form. However, the foregoing time limit shall be waived up to twenty (520) working days of receipt of in those cases where the grievance.
a) If, having received grievant could not have been reasonably expected to know that a reply contract violation had taken place. If the aggrieved is not satisfied with the disposition from the Department Head, the employee oral discussion and wishes to further pursue the matter, he/she shall file the grievance further, in writing on a grievance form provided by the employee shallBoard. The written grievance must be submitted to the Director of Buildings and Grounds or Supervisor of Transportation whichever is appropriate, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances discussion of the grievance.
d) The Grievance Sub-Committee shall, within ten 2. Within three (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (53) working days of receiving said replythe filing date, refer the matter Director of Buildings and Grounds or the Supervisor of Transportation or his/her representative shall meet with the aggrieved and the grievance committee* in writing an effort to resolve the grievance. A written answer shall be given within three (3) working days after such meeting.
B. Level Two
1. If the aggrieved is not satisfied with the disposition of the grievance at Level One, the proper form as provided by the Board, shall be forwarded within three (3) working days thereafter by the employee to the City ManagerAssistant Superintendent for Human Resources or designee, stating a desire to pursue grievance to Level Two. At this level, the grievance form must be co-signed by the aggrieved and the Association and one signed and dated copy retained by the Association. *The City Manager grievance committee shall consist of no more than three persons.
2. Within seven (7) working days of receipt of such grievance, the Assistant Superintendent for Human Resources or his designate designee, will meet with the aggrieved and the grievance committee to discuss the issue. A written answer shall provide a written response be given to the Union aggrieved and the N.I.E.A. representative within tenfifteen (15) working days after receipt of such grievance.
C. Level Three The grievance shall be deemed settled on the basis of the answer given by the Assistant Superintendent for Human Resources or designee, unless within thirty (30) calendar days after receipt of the answer of the Assistant Superintendent for Human Resources or designee, or the expiration of the time for him/her to answer, whichever is earlier, the grievance is appealed to arbitration by the N.I.E.A. Any such appeal shall be made within that period by written demand for arbitration served upon the Assistant Superintendent for Human Resources. An exception to the foregoing shall be a grievance which does not fall within the jurisdiction of the arbitrator, as provided below, in which event the parties shall have recourse to their rights provided by law with respect to any answer given by the Assistant Superintendent for Human Resources which is not accepted as satisfactory settlement of the grievance. An exception to this procedure will be a mutually agreed upon meeting two weeks prior to an arbitration date for the parties to meet for a final attempt to settle before arbitration. If there is no agreement at this final meeting the arbitration procedure will continue.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee It is the intention of the parties that this procedure shall provide a just and peaceful method of adjusting grievances and the immediate Supervisor shall attempt parties agree to resolve a potential grievance as defined act in Clause 16.1 before it is submitted to good faith in the formal grievance procedure outlined belowsettlement of grievances in accor- dance with the provisions of this Article. HoweverAny complaint, if disagreement, or difference of opinion between the employee Company and Supervisor are unable to resolve such potential grievancethe Union or the Hourly Employees and Owner Operators covered by this Agreement which concerns the applica- tion or interpretation of the terms and provisions of this Agreement, it shall be finally and conclusively settled without stoppage of work by considered a grievance. Any Hourly Employee or Owner Operator, the following steps:
Union or the Company may present a grievance. A grievance concerning a dis- missal shall be submitted at Step 1 The employee shall formally take up the Any grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, which is not presented within five (5) working days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties. A policy grievance filed on behalf of having taken the Union or the Company shall be submitted at Step of the grievance up with the Supervisor in procedure.
Step 1: Any Hourly Employee or Owner Operator having a com- plaint should first orally discuss the matter with a Supervisor or General Manager. Should such discussion not result in a satisfac- tory resolution of the problem, present such the following steps will be followed. Should any Hourly Employee or Owner Operator not feel comfort- able with this first step then they may proceed to Step
Step 2: The Hourly Employee or Owner Operator and shop ▇▇▇▇▇▇▇ shall submit formal grievance in writingwriting to General Manager, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a who shall give reply to the employee in writing within five (5) working days. If a satisfactory settlement cannot be reached, then;
Step 3: Within Thirty (30) working days of receiving the decision under Step the Local Chairperson of the Local Union, or designate or the Local Union representative, may appeal, orally or in writing, to the of the Company who have been designat- ed as the of the Company with regards to Union matters who shall give their reply in writing within seven (7) working days. Failing a satisfactory settlement, the grievance may then be referred to a Board of Arbitration, as established in Article of this Agreement. Any Hourly Employee or Owner Operator subject to discipline and/or investigation will receive the assistance of the Union Representative of their choice at their home depot. The Union Representative will be required to sign, to acknowledge receipt of the grievance.
a) Ifdiscipline. The Local Chairperson will be given a copy of all dis- ciplinary notices. Any disciplinary notice unsigned as a result of no Union representation will be null and void. No Hourly Employee or Owner Operator shall be subject to investigation and/or questioning from or by corporate security or any representative of the Company without the presence of the Local Chairperson or designate. Any Hourly Employee or Owner Operator shall be allowed to inspect own personnel file in the presence of the Company, having received a reply during normal business hours. Any officer of the Union, on behalf of the Hourly Employee or Owner Operator, may accompany the Hourly Employee or Owner Operator to inspect personnel file, subject to written authorization of the Hourly Employee or Owner Operator. A copy of all disciplinary notices will be withdrawn from the Department HeadHourly Employee’s and Owner Operator’s file after one (I)year, except if there is a recurrence of a same or similar infraction within that year. Any violation concerning a criminal or civil matter, or matters affect- ing driving records, will remain on the employee wishes disciplinary record indefinitely. Said files to pursue the grievance further, the employee shall, be removed shall not be considered to be removed but shall be physically removed and destroyed. Any discipline which is not imposed within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the date of knowledge will be deemed null and void. In the event that the Company is required to investigate a matter prior to discipline being imposed, this time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as limit shall be increased to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenfifteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. An For the purpose of this Article, an “informal discussion between the parties” may be satisfied by a discussion between the employee and the immediate Supervisor Principal or between the employee and the Human Resources Manager regarding the dispute or difference. Where a dispute or difference has not been resolved following informal discussion between the parties, the agreed procedure for the resolution of all grievances, except for dismissals which shall attempt to resolve be initiated at Step 2, shall be as follows:
(a) In the event of a potential grievance as defined arising, the grievance specifying the offended Article and the remedy sought shall be presented in Clause 16.1 before it is submitted writing, within thirty (30) working days of the event giving rise to the formal grievance procedure outlined below. Howevergrievance, to the Principal and a copy presented to the Human Resources Manager on the same day or as soon as practicable.
(b) The employee concerned, a representative of SEIU -West, and if the employee desires, a member of the local bargaining unit shall meet with the Principal and Supervisor are unable the Director of Education or designate to resolve such potential grievance, it shall be finally and conclusively settled without stoppage discuss the grievance within ten (10) working days of work its receipt by the Human Resources Manager.
(c) The Principal or Human Resources Manager, as applicable, shall render a written decision to the employee, with a copy to the Union, within ten (10) working days of such discussion.
(d) The parties may agree to a single arbitrator.
(a) Failing agreement under Step 1, a written application for a hearing may be made by the Union through the Human Resources Manager to the Employer within ten (10) working days of receipt of the decision at Step 1.
(b) The hearing shall occur at the next regular meeting of the Employer following steps:receipt of the application, when the Employer meeting occurs within three (3) working days following receipt of the application. Otherwise such hearing shall occur at the next subsequent regular meeting of the Employer.
Step 1 (c) The employee Employer shall formally take up send its decision, in writing, to the grievance employee, with a copy to the Supervisor from whose decision it arose Union, within ten (10) working days of the grievance arisinghearing.
(a) Grievances which cannot be resolved through the above may be referred to a Board of Arbitration within twenty (20) working days following receipt of the Employer’s decision at Step 2 If 2.
(b) The Board of Arbitration shall consist of one (1) member appointed by the employee wishes Union, one (1) member appointed by the Employer, and a chairperson, jointly named by the two (2) members so appointed.
(c) Where the appointees of the parties fail to pursue the grievance further the employee shallagree, within five twenty (520) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writingsecond nominee’s appointment, on the appointment of a form to be approved by chairperson either party may request the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt chairperson of the grievanceLabour Relations Board to appoint the chairperson.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. An employee The parties acknowledge that it is usually most desirable for a teacher and the immediate Supervisor shall attempt his/her immediately involved supervisor to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowproblems through free and informal communications. However, if such informal processes fail to satisfy the employee teacher, a grievance may be processed as follows: The Teachers and Supervisor are unable to resolve such potential grievance, it Building Representative shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up present the grievance with in writing to the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes Building Principal who will arrange for a meeting to pursue the grievance further the employee shall, take place within five (5) working days of having taken the receipt of the written grievance. Within five (5) days of the meeting, the principal shall provide the grievants(s) with a written decision. In the event the grievance up is not satisfactorily resolved in Step One, the grievant(s) may file the grievance with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing Superintendent or his/her official designee within five (5) working days of the receipt of the Step One answer or eight (8) days of the Step One meeting, whichever is later. Upon receipt of the grievance, the Superintendent shall arrange for a meeting with the grievant to take place within five (5) days. Within five (5) days of the Step Two meeting, the Superintendent shall provide the grievant(s) with a written decision. In the event the grievance is not satisfactorily resolved in Step Two, the grievant(s) may file the grievance with the Board of Education within five (5) days of receipt of the Step Two answer or eight (8) days of the Step Two meeting, whichever is later. Upon receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes Board President or his/her official designee shall arrange for a meeting with the grievant to pursue the grievance further, the employee shall, take place within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Managerdays. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within Within five (5) working days of receiving said replythe Step Three meeting, refer the matter Board President shall provide the grievant(s) with a written decision. If the grievance is not resolved in writing Step Three, the grievant(s) may submit the grievance to final and binding arbitration within 10 days of the City Managerreceipt of the Step Three answer. Arbitration is limited solely and simply to interpretation and implementation of the terms of this Agreement. The City Manager arbitrator shall not have the power to add to, subtract from, alter or his designate modify in any way, the terms or conditions of this Agreement. The arbitrator shall provide have no power to alter the terms of this Agreement. Each party shall bear the full costs for its representation in the arbitration. The costs of the arbitrator and the AAA shall be divided equally between the parties. If either party requests a written response to transcript of the Union within tenproceeding, that party shall bear the full cost for that transcript. If both parties order a transcript, the cost of the (2) transcripts shall be divided equally between the parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and or HTEA shall first discuss his/her or its grievance with the immediate Supervisor shall Superintendent in an attempt to resolve a potential grievance the matter informally. The right to grieve must be exercised within 45 days of the occurrence as defined in Clause 16.1 before Section A. Beyond 45 days it is submitted will be deemed waived. If the matter cannot be resolved informally to the formal grievance procedure outlined below. Howevermutual satisfaction of both parties, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by then the following stepsshall apply:
Step 1 1. The employee or HTEA shall formally take up set forth the grievance with in writing and deliver it to the Supervisor from whose decision it arose Superintendent within ten (10) working calendar days after the failure of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor informal procedure described in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. Paragraph B. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office Superintendent shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter his decision in writing to the City Manageremployee or HTEA within five school days after filing.
2. If dissatisfied, the employee or HTEA may appeal the Superintendent's decision to the Board, in writing, within ten school days after receipt by the employee or HTEA of the Superintendent's written decision. The City Manager or his designate shall provide a written response Board will communicate its decision in writing to the Union employee or HTEA within tenten school days.
3. If the employee or HTEA is dissatisfied with the decision of the Board, he/she or HTEA may, within ten school days following receipt of the Board's decision, give notice that he/she or HTEA wishes advisory arbitration. If the employee or HTEA fails to appeal the decision rendered at this or a prior step within the time limits specified, the original grievance and any appeals of it shall be null and void. Non-binding arbitration of any grievance shall be conducted by one person, mutually acceptable to both the employee or HTEA and Board, who shall be chosen promptly following the employee's or HTEA's notice of appeal.
4. The arbitrator can add nothing to nor subtract anything from this Agreement. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The decision of the arbitrator shall not be binding upon the Board. The costs and services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the employee or HTEA. The party incurring them shall pay any other expenses incurred.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An A. A grievance shall be defined as any controversy or dispute involving the application or interpretation of the terms of this Agreement arising between the Union or an employee or employees and the immediate Supervisor shall Employer. The parties agree that they will promptly attempt to resolve a potential grievance adjust all grievances arising between them. The Union or the aggrieved employee or employees shall use the following procedure as defined the sole means of settling grievances, except where alternative dispute resolution and appeal procedures have otherwise been agreed to in Clause 16.1 before it is submitted this Collective Bargaining Agreement, in which case the applicable alternative procedure shall be the exclusive appeal process available to the formal employee or employees.
B. Any grievance procedure outlined below. Howevermust be brought to the attention of the Employer, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance consistent with the Supervisor from whose decision it arose procedures set forth in this Article, within ten fifteen (1015) working days of the grievance arisingeffective date of the disputed action or inaction or the date the employee is made aware of the action or inaction, whichever is later.
Step 2 C. If the employee wishes Employer fails to pursue render a decision in the allotted time frame, the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to may be approved by the City and the Union, advanced to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt next step of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of procedure by the Union.
D. Allotted time frames may be extended by mutual agreement. Deadlines for submission of a grievance at Step 4 IfTwo and above shall be counted from the date of receipt of a response from the Employer, having received or the date the response is due, whichever is earlier. Date of receipt of a grievance or response shall be either seven (7) calendar days following date of postmark or the date of a signed verification of receipt. All mailed material relating to Steps Two, Three, and Four of a grievance shall be accomplished through a proof of receipt method.
E. Grievances shall be processed on forms provided by the Employer. The grievance shall state the facts giving rise to the grievance, the provisions of the Grievance Sub-CommitteeAgreement that have been violated, and the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter remedy requested.
F. Grievances settled in writing at Step One found to be contradictory to statute or the City Manager. The City Manager or his designate shall provide Alaska Administrative Code may be reopened through a written response notice to the Union within tenthirty (30) calendar days from the date of the written settlement. Grievances reopened in this manner shall proceed immediately to Step Two of the grievance procedure.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 7-9 The following grievance procedure shall be the sole and exclusive means for processing grievances: STEP ONE - ORAL (Immediate Supervisor)
7-10 An aggrieved employee or union representative should promptly notify their immediate supervisor (in writing), of a grievance. If the aggrieved employee wishes, the employee may refrain from discussing it with their immediate supervisor at that time and may have their ▇▇▇▇▇▇▇ represent them in an oral presentation of the documented facts. The oral presentation shall be scheduled as promptly as practicable, but in any event during the employee’s and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to supervisor’s next common, regular working hours following the formal grievance procedure outlined belowrequest for the ▇▇▇▇▇▇▇, or at any other time if mutually convenient. However, if Before the employee and Supervisor are unable to resolve such potential joint oral presentation of the grievance, it the ▇▇▇▇▇▇▇, at the ▇▇▇▇▇▇▇’▇ request, shall be finally and conclusively settled without stoppage of work by have the following steps:
Step 1 The employee shall formally take up opportunity to discuss the grievance with the Supervisor from whose decision employee for a reasonable period of time at a place provided by the immediate supervisor.
7-11 If the aggrieved employee does not receive a satisfactory written response, or if the employee does not receive any answer, at Step One within three (3) working days following the day of the oral presentation, the employee may forward the grievance to the department head (or equivalent level of supervisor), or a designated representative, for written answer, provided the employee submits it arose within the fifteen (15) calendar day period following the day on which the employee had knowledge of the facts giving rise to the employee’s grievance.
7-12 The grievance shall be dated and signed by the aggrieved employee and the employee’s ▇▇▇▇▇▇▇ and shall set forth the facts, including dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired.
7-13 The grievance shall not be considered submitted until the supervisor, or designated representative receives a written grievance. At the time it is received it shall be dated and a copy returned to the aggrieved employee. STEP TWO (Department Head)
7-14 Upon receipt of the written grievance, the employee’s department head (or equivalent level of supervisor), or designated representative, shall set a place and time during working hours, or at the end of the shift if mutually convenient, within the next three (3) mutual working day period for a hearing of the grievance with the aggrieved employee and either the employee’s ▇▇▇▇▇▇▇ or a COAM representative, or both, who shall have the opportunity to represent the employee in the hearing.
7-15 The department head (or equivalent level of supervisor), or a designated representative, shall make arrangements for the ▇▇▇▇▇▇▇ and/or the COAM representative to be present for the hearing. A COAM representative may decide on a case by case basis who will represent the employee.
7-16 If the aggrieved employee does not receive a satisfactory written answer, or if the employee does not receive a written answer within the ten (10) working days calendar day period following the day the written grievance was submitted at Step Two, or following the hearing, whichever time is later, COAM or a ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ or a representative of the local Union may submit the written grievance arising.
Step 2 If to University Human Resources for written answer, provided it is submitted within the employee wishes to pursue fifteen (15) calendar day period following the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days day of receipt of an unsatisfactory answer at Step Two. STEP TWO AND A HALF (2.5) (Applies only to non-disciplinary Layoff grievances on the grievance.▇▇▇ Arbor Campus)
a) If7-17 If the aggrieved employee does not receive a satisfactory written answer, having received a reply from the Department Head, or if the employee wishes to pursue does not receive a written answer within the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from calendar day period following the day the written grievance was submitted at Step Two, or following the hearing, whichever time is later, COAM or a ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ or a representative of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as local Union may appeal face-to-face to the definition and resolution Executive Director for written answer, provided it is submitted within the fifteen (15) calendar day period following the day of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President receipt of the Union.
an unsatisfactory answer at Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City ManagerTwo. The City Manager or his designate shall Executive Director will provide a written response to the appeal within 10 working days. STEP THREE (University Review Committee)
7-18 Upon receipt of the written grievance, the University Review Committee shall set a place and time during working hours, or outside of working hours if mutually convenient, within the next fifteen (15) calendar day period for a hearing of the grievance with the employee, the ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ and/or a representative of the local Union within tenand/or a representative of COAM.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee Step 1: Within ten (10) school days of the occurrence or knowledge of the occurrence, an attempt shall be made to resolve any grievance by means of an informal, verbal discussion between the grievant and the immediate Supervisor shall attempt lowest person in the administrative hierarchy who has the authority to resolve a potential grievance as defined in Clause 16.1 before it is submitted to make decisions on the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:matter.
Step 1 The employee shall formally take up 2: If the grievance with cannot be satisfactorily resolved at Step 1, the Supervisor from whose decision it arose grievant shall reduce the grievance to writing within ten (10) working school days of the Step 1 conference and present it to the Step 1 administrator. The written grievance arising.
Step 2 If shall specify the employee wishes facts giving rise to pursue the grievance further grievance, the employee shall, within five (5) working days clause or clauses of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City contract allegedly violated and the Union, to the Department Headremedy requested. The Department Head will provide administrator shall afford the grievant and/or his/her union representative a reply to the employee in writing meeting within five ten (510) working school days of receipt of the written grievance. Within ten (10) school days of the conference, the administrator shall render a written decision to the grievant.
a) If, having received a reply from Step 3: If the Department Headgrievance is not satisfactorily resolved at Step 2, the employee wishes to pursue grievant may appeal the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form decision to the Office of first step administrator (unless the City Manager. The Manager's Office shall refer first step administrator is the Superintendent - which moves the grievance to a Grievance Sub-Committee within one (1the fourth step) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working school days from of receipt of the Step 2 answer. The Superintendent shall afford the grievant a meeting within ten (10) school days of receipt of the appeal. The aggrieved, the union representative, the Superintendent or his designee, and such other representatives of the District as either party deems necessary shall meet at a mutually agreeable time of receiving to discuss the grievance. Within ten (10) school days of the meeting, communicate in writing any mutually agreed findings and recommendations as the Superintendent shall render a written decision to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Uniongrievant.
Step 4 If, having received 4: If the response of the Grievance Sub-Committeegrievance is not satisfactorily resolved at Step 3, the Union wishes may appeal the decision to pursue final and binding arbitration within twenty (20) school days of receipt of the Step 3 answer or twenty (20) days if Step 3 is not required. The American Arbitration Association shall serve as administrator of the proceedings. If the demand for arbitration is not filed within twenty (20) school days, the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenbe deemed denied.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and A. Level I - Within fifteen (15) calendar days, excluding holidays scheduled during the immediate Supervisor shall attempt to school year, of learning of the occurrence of an event, a staff member(s) may resolve a potential grievance as defined in Clause 16.1 before it is submitted by:
1. Going to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance principal with the Supervisor from whose decision it arose problem, or
2. Asking the Staff Member Communication Committee to discuss the problem with the principal, or
3. Going with the Staff Member Communication Committee to discuss the problem with the principal. The principal shall respond to a request for communication within ten (10) working calendar days of such request. If the problem is not concluded to the satisfaction of the staff member(s) the principal shall provide the staff member(s) with a written answer within ten (10) calendar days.
4. Each of the options (1, 2, 3 above) shall include submitting the grievance arising.in writing using the form in Appendix A.
Step 2 B. Level II - If the employee wishes problem is not concluded to the satisfaction of the staff member(s) after he/she has followed Level I above, he/she must within ten (10) calendar days file the problem with the Chairman of the Professional Rights and Responsibilities Committee (PR&R) of the Association. Within ten (10) calendar days of such filing, the PR&R Committee shall notify the Superintendent of the intention to pursue the grievance further the employee shall, within five at Level II. Within ten (510) working calendar days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt receiving written notice of the grievance, the Superintendent shall provide the aggrieved person(s) with a hearing. The PR&R Committee shall, together with the staff member who has filed the problem, meet with the Superintendent to resolve the differences. Within ten (10) calendar days of the hearing the Superintendent shall provide a written reply.
a) If, having received a reply from the Department Head, the employee wishes to pursue C. Level III - If the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shallis not resolved at Level II, within ten (10) working calendar days from the time of receiving staff member(s), PR&R Committee and the grievance, communicate in writing any mutually agreed findings Board or its representative(s) shall discuss the problem and recommendations as to the definition and resolution arrive at a solution. The Superintendent shall provide a written reply of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the Board’s response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working calendar days.
D. Level IV - If an aggrieved person(s) is not satisfied with the decision at Level III, the grievance shall be submitted to the Board of Personnel Appeals for arbitration within thirty (30) calendar days of receiving said reply, refer the matter in writing to Superintendent’s response provided this action is approved by both the City Manager. The City Manager or his designate shall provide a written response to aggrieved person(s) and the Union within tenPR&R Committee of the Association.
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
Procedure. An 2.1 Step 1. Within fifteen (15) work days after the act, occurrence or omission which gives rise to the grievance or an employee and becomes aware or should have reasonably become aware that she or he has a grievance, the employee and/or the employee’s representative shall present the grievance orally to the immediate Supervisor supervisor. In the case of a non-selection grievance, such grievance shall attempt be presented to the selecting authority. The immediate supervisor or selecting authority shall be responsible for taking such steps as are advisable, including consultation with superiors with authority to resolve a potential grievance as defined the grievance, in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable an effort to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose and shall respond within ten (10) working days of work days.
2.2 Step 2. If the grievance arising.
is not resolved at Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, 1 within ten (10) working work days after the receipt of the written decision of the supervisor, the employee may appeal to the appropriate court administrator by filing with the administrator a written notice of appeal, with a statement of facts surrounding the issue. The administrator shall meet with the employee and the representative and provide the employee and the representative with a written decision within fifteen (15) work days of the receipt of the appeal.
2.3 Step 3. If the grievance is not resolved at Step 2 within ten (10) work days after the receipt of the written decision of the court administrator, the employee and/or the representative may appeal to the Human Resources Director by filing a written notice of appeal, together with copies of the original written grievance and copies of the Step 2 decision. The Human Resources Director shall expeditiously hold a hearing on the matter involving the employee and the representative and other involved parties. The Human Resources Director will issue a written opinion on the grievance within fifteen (15) work days from the time date of receiving the grievancereceipt of the appeal at the Step 3 level.
2.4 Step 4. If the grievance has not been satisfactorily resolved at Step 3, communicate in writing any mutually agreed findings then MSEA may submit the grievance to arbitration by notifying the permanent arbitrator and recommendations as simultaneously providing a copy of said notice to the definition and resolution Human Resources Director as well as a statement of the grievancegrievance specifying the article, section, or its failure clause of the contract alleged to agreehave been violated, to along with a concise statement of facts surrounding the Grievor issue and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, remedial action requested. Such submission shall occur within five twenty (520) working days of receiving said reply, refer the matter in writing to date the City Manager. The City Manager or his designate shall provide a written response to MSEA receives the Union within tenStep 3 decision from the Human Resources Director.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An Step 1 It is acknowledged that it is usually most desirable for an employee and the immediate his/her immediately involved Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined belowgrievances through free and informal communications. HoweverTherefore, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten fifteen (1015) working days after the occurrence of the cause of the alleged grievance arisingthe employee shall present the grievance in writing to the immediately involved supervisor who will arrange for a meeting to take place within five (5) days after receipt of the written grievance. The supervisor shall provide the grievant with a written decision, together with reasons to the grievance within five (5) days after this meeting. If a grievance affects the Association or employees at more than one building level, the grievant(s) may initiate such a grievance at Step Two, provided any such grievance must be initiated at Step Two within the filing timelines established above for Step One.
Step 2 If the employee wishes to pursue Grievant and/or the Association is not satisfied with the disposition of the grievance further at STEP 1, or if no decision is rendered within five (5) days after presentation of the employee shallgrievance, then the grievance may, within five (5) working days of having taken work days, be referred to the grievance up Superintendent or his/her official designee. The Superintendent shall arrange for a hearing with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Uniongrievant and/or Association, to the Department Head. The Department Head will provide a reply to the employee in writing take place within five (5) working days of his/her receipt of the grievanceappeal. The Association shall have the right to include in the representation such witnesses and counselors as is deemed necessary to develop facts pertinent to the grievance upon conclusion of the hearing, the Superintendent will have five (5) days to provide his/her written decision, together with reasons for the decision to the Association.
a) If, having received a reply from Step 3 If the Department Head, Grievant and/or Association is not satisfied with the employee wishes to pursue disposition of the grievance furtherat STEP 2, the employee shall, or if no decision is rendered within five (5) working days of receiving said replythe discussion in STEP 2, forward the completed grievance form to the Office Association may within five (5) days (of receipt of the City Manager. The Manager's Office shall refer STEP 2 decision or within 5 days of the date the decision was due) appeal the grievance to a Grievance Sub-Committee within one the Board of Directors by filing such written grievance along with the decision of the Superintendent, with the officer of the Board in charge of setting the Board agenda. Upon proper filing the Board will meet with the grievant and his or her Association representatives and consider the grievance at its next regularly scheduled meeting. Within five (15) working daydays from the Board hearing of the grievance, the Board shall render its decision in writing. A copy of the decision shall be forwarded to the Superintendent for permanent filing, to the building principal in whose building the grievance arose, and to the grievant and/or the Association.
b) The Grievance Sub-Committee shall consist of an appointee of A. If the Union and an appointee of Association is not satisfied with the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects disposition of the grievance and at STEP 3, it may request arbitration in writing to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, Superintendent within ten (10) working days from after a decision by the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievanceBoard, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee Step One: A grievance may be initiated in one (1) of the following ways:
1. The teacher shall meet with the building principal concerned and discuss the matter in his/her own behalf.
2. The teacher may request that a representative of the Association accompany the teacher and in such case the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
3. A grievance must be presented to the building principal within twenty (20) days of the date the grievant knew or should have known of the facts giving rise to the grievance. Failure to timely present the grievance constitutes a waiver of the right to grieve the alleged contract violation or misapplication.
1. In the event that the grievance is resolved in Step One, the grievant may file a formal grievance in writing with the building principal. The grievance form shall be filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and the immediate Supervisor school central office.
2. The grievance form shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted (1) name the teacher(s) involved, (2) state the facts giving rise to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall (3) identify the specific provisions of this Master Contract alleged to have been violated or misinterpreted, (4) state facts giving rise to grievance, (5) indicate the specific relief requested, and (6) be finally and conclusively settled without stoppage of work signed by the following steps:teacher(s).
3. The grievance form should be filed as soon as possible, but any grievance not presented in writing in Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose Two within ten (10) working days following completion of the grievance arisingStep One shall be deemed waived and shall not be processed.
Step 2 If 4. The teacher may request a meeting with the employee wishes building principal and the Association representative may accompany the grievant. In such case the building principal shall not initiate any consultation with the grievant prior to pursue any scheduled meeting at which the grievance further representative is to be present. In the employee shallevent the principal does not meet with the grievant and his/her Association representative, the principal must provide a written response to the grievant within five (5) working days of having taken after receiving the grievance up written grievance. In the event the principal meets with the Supervisor in Step 1grievant and his/her Association representative, present such grievance in writing, on the principal must provide a form to be approved by the City and the Union, written response to the Department Head. The Department Head will provide a reply to the employee in writing grievant within five (5) working days after the meeting date.
1. If the grievance is not resolved in Step Two, the teacher may within five (5) days of receipt of the grievance.
a) Ifbuilding principal's answer, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form appeal to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of Superintendent by filing the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge principal's answer along with a written response of the circumstances of teacher, if desired, attached to the grievance.
d) 2. The Grievance Sub-Committee shallSuperintendent may, within ten (10) working school days from the time of receiving the grievance, communicate in writing any mutually agreed findings hold a meeting to investigate facts, allegations, exhibits, and recommendations as remedy requested. Within ten (10) school days of such meeting, the Superintendent shall respond and answer the grievance submitted. If no meeting is held at the Superintendent's Step, the Superintendent shall respond within ten (10) school days of the filing at his Step.
3. If the grievant is not satisfied with the Superintendent's answer at Step Three; he/she must file a written appeal to the definition Board not later than ten (10) days after receiving the Superintendent’s answer. The Board level grievance shall be heard in executive session on the day of a regularly scheduled Board meeting if such meeting is to be held within thirty (30) days and resolution of appropriate public notice can be given in advance. In the event that such meeting is not held within such timeline, the Board or its designated representative and the Association Representative and the Grievant(s) shall mutually establish a date and time for such hearings within the thirty (30) days. The Board or its designated representatives' written answer shall be transmitted to the grievant and the Association within ten (10) days after the meeting and attached to the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate Board’s decision shall provide a written response to the Union within tenbe final and binding.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. HoweverStep 1: Informally, if between the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 Building Principal. The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, Building Principal will give his/her answer within five (5) working days of having taken the grievance up with the Supervisor in Step 1days. If no settlement is reached at this Step, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing then within five (5) working days of receipt of the grievanceBuilding Principal’s answer, the grievance will be reduced to writing and submitted to Step 2.
a) IfStep 2: Between the participants of Step 1 and the Special Education Director and/or Director of Human Resources, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, they will give an answer within five (5) working days. If no settlement is reached at this Step with the Special Education Director and/or the Director of Human Resources, then the matter may be referred to the Superintendent of Schools, referenced in Step 3.
Step 3: If the grievance is referred to Step 3, then discussion will take place between the Superintendent and the Union. The Superintendent will give his/her answer in writing within ten (10) working days. If the matter is not satisfactorily settled at this level, then either party may refer it to the School Board in Step 4.
Step 4: Within ten (10) working days of receiving said reply, forward the completed a grievance form being referred to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievorthis Step, the SupervisorSchool Board will hold a hearing with the participants in Steps 2, 3 and 4 and examine the Department Head and any other person who may have knowledge of the circumstances facts of the grievance.
d) . The Grievance Sub-Committee shallSchool Board will, thereafter, within ten (10) working days from of such hearing, give its answer. If the time of receiving grievance is still not settled, the grievance, communicate matter may be referred to arbitration as set forth in writing any mutually agreed findings and recommendations as to the definition and resolution Step 5 of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Unionprocedure.
Step 4 If5: Except as otherwise provided in this Article VIII, having received the response of the Grievance Sub-Committee, the Union wishes to pursue if the grievance furtherremains unsettled, it shall, then the matter may be referred to arbitration within five twenty (520) working days days. Any grievance not submitted is considered withdrawn. Either party shall have the right to refer to an impartial arbitrator any difference concerning the interpretation and application of receiving said replythis Agreement, refer which have not been satisfactorily adjusted by the matter Steps established in writing to the City Managerthis Grievance and Arbitration Procedure. The City Manager or his designate impartial arbitrator shall provide a written response be appointed by mutual agreement of both parties and, if the parties are unable to the Union agree within tenfifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. An employee and Informal Step 1
(a. If the immediate Supervisor complaint is not resolved in the informal Step 1 of this procedure, the administrator shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted submit to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage Assistant Superintendent of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallHuman Services, within five fourteen (514) working days following the grievable occurrence, a statement of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City facts and the Union, all relevant materials giving rise to the Department Headgrievance. The Department Head will provide a reply to the employee in writing within five Within fourteen (514) working days of receipt of the alleged grievance, the Superintendent, Assistant Superintendent of Human Services, the administrator whom the grievance is being filed against, the aggrieved and an Association Representative shall meet to discuss the grievance. Within ten (10) days of this meeting, the Superintendent shall respond in writing to the Grievant.
(b. If the grievance is not resolved at Step 2 (a) If, having received a reply from the Department Head), the employee wishes grievant may choose to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer take the grievance to Step 3 of this procedure or request through the association that a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of mediator be assigned by the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right Michigan Employment Relations Commission to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of hear the grievance.
d(c. If the grievant chooses to go to mediation, the grievance procedure ends at this Step 2, except for cases of dismissal or suspension, which may go to Step 4.
(a. If no further correspondence is received by the Superintendent within fourteen (14) The Grievance Sub-Committee shalldays after the Step 2 written response, within ten the grievance will be considered resolved on the basis of the Step 2 response.
(10) working days from b. If the time grievance remains unresolved at the conclusion of receiving Step 2, the grievance, communicate Grievant shall notify the Superintendent in writing any mutually agreed findings and recommendations as within fourteen (14) days following the Step 2 written response. The Superintendent shall submit the grievance to the definition and Board’s Personnel Committee for review at its next regularly scheduled meeting. The Board’s Personnel Committee shall make a recommendation for resolution of the grievance within fourteen (14) days of its meeting to review the grievance, or its failure to agree, . A copy shall be provided to the Grievor and the Department Head involved, the City Manager and the President of the UnionGrievant.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Level One: An employee and or the Association, believing there has been a violation of this Agreement, shall within fifteen (15) days of the alleged violation orally discuss the grievance with his/her immediate Supervisor shall supervisor or designee in an attempt to resolve a potential the matter. If the grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievanceinvolves more than one department, it may be filed with the Superintendent or his/her designee. If no resolution is obtained, the grievance shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose reduced to writing within ten five (105) working days of the grievance arising.
Step 2 Level One discussion and forwarded to Level Two. Level Two: If the employee wishes to pursue grievance is not resolved at Level One, a copy of the written grievance further shall be filed with the employee shallimmediate supervisor or designee, within five (5) working days of having taken the discussion at Level One. Copies of the written grievance up shall be given to the Local Association Representative and the Superintendent or designee. Within five (5) days after receiving the written grievance, the immediate supervisor or his/her designee will meet with the Supervisor grievant(s) and not more than two (2) Association representatives from the local Association in Step 1an effort to resolve the grievance. Within five (5) days of the discussion, present such grievance the immediate supervisor or designee shall render a decision in writing, on transmitting a form copy of the decision to be approved by the City grievant(s), the Local Association President, and the Union, to the Department HeadSuperintendent. The Department Head will provide a reply to the employee in writing If no decision is rendered within five (5) working days of receipt the meeting or the decision is unsatisfactory to the grievant(s) or the Association, the grievance may be appealed at Level Three. Any Level Three appeal must be made by filing a copy of the written grievance.
a) If, having received a reply from along with any previous responses, with the Department Head, the employee wishes to pursue the grievance further, the employee shall, Superintendent. Any such appeal must be made within five (5) working days of receiving said reply, forward the completed grievance form to the Office Level Two meeting. Level Three: A copy of the City Managerwritten grievance shall be filed with the Superintendent as specified in Level Two. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within Within ten (10) working days from after receipt of the time of receiving the written grievance, communicate the Superintendent or designee shall meet with the grievant(s) and not more than two (2) Association Representatives in writing any mutually agreed findings an effort to resolve it. Within ten (10) days of the meeting, the Superintendent or designee shall render a written decision and recommendations as forward copies to the definition and resolution of grievant(s), the grievance, or its failure to agree, to the Grievor Local Association President and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Managerimmediate supervisor. The City Manager or his designate shall provide a written response to the Union If no decision is rendered within ten
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. Grievances, as defined by Article 13.1, shall be resolved in conformance with the following procedure:
STEP 1. An employee and claiming a violation concerning the immediate Supervisor interpretation or application of this AGREEMENT, shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve within fourteen (14) calendar days after such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten alleged violation has occurred (10) working days or actual knowledge of the grievance arising.
Step 2 If alleged violation or the employee wishes to pursue time when the grievance further occurrence of the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1alleged violation should reasonably has been known), present such grievance grievance, in writing, on a form to be approved the employee's immediate supervisor as designated by the City and the Union, to the Department HeadEMPLOYER. The Department Head EMPLOYER-designated representative will provide a reply meet with the UNION and discuss and give, in writing, an answer to the employee such Step 1 grievance within fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing within five (5) working days of receipt of setting forth the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution nature of the grievance, or its failure to agree, to the Grievor and the Department Head involvedfacts on which it is based, the City Manager and the President provision or provisions of the Union.
Step 4 If, having received the response of the Grievance Sub-Committeethis AGREEMENT allegedly violated, the Union wishes remedy requested, and shall be appealed to pursue Step 2 within fourteen (14) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance further, it shall, within five (5) working days of receiving said reply, refer the matter not appealed in writing to Step 2 by the City ManagerUNION within fourteen (14) calendar days shall be considered waived.
STEP 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The City Manager or his designate EMPLOYER-designated representative shall provide give the UNION the EMPLOYER'S Step 2 answer in writing within fourteen (14) calendar days after receipt of such Step 2 grievance. Such meeting shall be held within fourteen (14) calendar days. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen (14) calendar days following the EMPLOYER-designated representative's final Step 2 answer.
STEP 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. Such meeting may be waived by agreement of the parties. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within fourteen (14) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within fourteen (14) calendar days following the EMPLOYER-designated representative final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION, within fourteen (14) calendar days shall be considered waived.
STEP 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration and a written response request shall be made to the Union Bureau of Mediation Services for a panel of arbitrators (unless the UNION and the EMPLOYER agree on an Arbitrator) within tennine (9) months following the EMPLOYER designated representative’s final answer in Step 3, subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services.
Appears in 2 contracts
Procedure. An employee and By mutual agreement, the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted following timelines on any level may be extended.
Level 1. The grievant must request an informal conference with the administrator most reasonably related to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose matter in dispute within ten (10) working days after becoming aware of the grievance. At this conference, the grievant shall directly seek to resolve the matter informally. At this level, neither party may have representation. At all other levels, each side shall be entitled to representation. If the grievant is not satisfied with the disposition of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shallat Level 1, or if no decision has been rendered within five (5) working days after presentation of having taken the grievance, the grievant may file the grievance up with the Supervisor in Step 1Director or, present such at the Director’s discretion, the Associate Director.
Level 2. Such grievance in writing, on a form to must be approved by filed with the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing Director within five (5) working days of the decision at Level 1. Within the five (5) days after receipt of the written grievance by the Director, the Director will meet with the aggrieved person and a representative (if the grievant chooses to have representation) in an effort to resolve it. If the Director or the grievant is unable to meet within the specified time frame, a mutually agreed upon date for such a meeting, no later than an additional ten (10) days shall be determined. If the grievant is not satisfied with the disposition of the grievance at Level 2, or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievant may file the written grievance with the Clerk of the Board.
a) If, having received a reply from Level 3. Such grievance must be filed with the Department Head, Clerk of the employee wishes to pursue the grievance further, the employee shall, Board within five (5) working days of receiving said reply, forward the completed grievance form to the Office decision at Level 2. Within twenty-five (25) days after receipt of the City Managerwritten grievance by the Clerk of the Board, the Board will meet with the aggrieved person and a representative (if the grievant chooses to have representation) in an effort to resolve it. The Manager's Office Board shall refer the grievance to render a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, written decision within five (5) working days following said meeting.
Level 4. The grievant may appeal the decision of receiving said reply, refer the matter in writing Board to the City Manager. The City Manager or his designate shall provide a written response District Court pursuant to the Union within tenK.S.A. 60-2101(d.)
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance Grievances as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it Section 1 shall be finally and conclusively settled without stoppage of work by in the following stepsmanner and the steps set forth must be followed in the order listed within the time limits prescribed:
Step 1 1. The employee grievance shall formally take up be orally presented to the grievance with the Supervisor from whose decision it arose employee's first level supervisor within ten (10) working days after employee knew or should have known of violation. No settlement in this Step 1 shall be made in violation of the "written contract." If a settlement is not reached within two (2) days after oral presentation to the first level supervisor the grievance shall be reduced to writing on a form No. G-l with a clear statement of the issues involved. This shall be presented to the First Level Supervisor who shall promptly transmit the written grievance to the General Counsel for handling in accordance with Step 2.
Step 2. The General Counsel shall establish a Step 2 with the aggrieved and the appropriate Second Level Supervisor. The Step 2 meeting shall be held within ten (10) days after employee has filed the grievance. The time and place for meetings under Step 2 shall be at the discretion of the General Counsel. The employee shall be allowed a maximum of three representatives at the meeting. The General Counsel shall prepare a report of the meeting, together with a written disposition of the matter and forward copies thereof to the employee and to the employee's exclusive representative organization within ten (10) days after the Step 2 hearing. If settlement is not reached in this Step 2 within five (5) days of the date of the disposition, the grievance arisingis referred to Step 3.
Step 2 If 3. Grievances referred to Step 3 shall be discussed between the employee wishes to pursue employee's exclusive representative and the General Counsel. This discussion shall take place within ten (10) days after the grievance further has been referred to Step 3. If agreement is reached as a result of this meeting the employee General Counsel shall issue a disposition of the matter which shall be final and binding. If agreement is not reached, the aggrieved shall, within five (5) working days of having taken after the grievance up with the Supervisor in Step 13 meeting, present such grievance notify, in writing, the General Counsel that arbitration is required.
Step 4. ARBITRATION: In cases referred to Step 4 the parties shall attempt to agree on a form to be approved by the City and the Unionan arbitrator, to the Department Head. The Department Head will provide a reply to the employee in writing if agreement is not reached within five (5) working days the parties shall petition the Bureau of receipt Mediation Services for assistance under the rules of the grievance.
a) If, having received a reply from PELRA. The arbitrator shall set the Department Headtime and place for the Step 4 hearing, the employee wishes method of procedure and make all necessary rulings. The arbitrator shall have no power to pursue the grievance furtheradd to, the employee shallsubtract from, within five (5) working days of receiving said reply, forward the completed grievance form to the Office or modify any of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee terms of the Union written agreement or to any agreement made supplementary hereto, and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right only be allowed to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as rule on those cases that apply to the definition and resolution of a grievance as described in this article. The decision of the grievancearbitrator, or its failure to agreeif within the scope of his power, to shall be binding on both parties within the Grievor limitations of the PELRA. The expense and fees of the arbitrator shall be borne jointly by the school district and the Department Head involved, the City Manager and the President of the Unionemployee organization.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the grievance.
a) If, having received a reply from the Department Head, the employee wishes to pursue the grievance further, the employee shall, within five (5) working days of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. An employee Step One
1. A grievance may be initiated in one (1) of the following ways:
A. A teacher shall approach the building principal concerned and discuss the immediate Supervisor shall attempt to resolve matter on his/her own behalf.
B. The grievance may be filed at an appropriate level above the principal if the grievance does not involve a potential violation individually at the building level.
C. The grievance as defined in Clause 16.1 before it is submitted to may be filed by the formal grievance procedure outlined below. HoweverAssociation President at an appropriate level on behalf of teachers, if the employee contractual violation involves three or more teachers.
2. The teacher shall have a representative of the Association accompany him or her, and Supervisor are unable in such case the building principal shall not initiate any consultation with the grievant prior to resolve such potential grievance, it any scheduled meeting at which the representative is to be present.
3. The informal step of the grievance procedure shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose initiated within ten twenty (1020) working days of the grievance arisingtime the teacher knew or should have known of the contractual violation.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within 4. Within five (5) working days after presentation of having taken the grievance up with at the Supervisor informal step, the principal shall give his written answer to the teacher. In the event the grievance is not resolved in Step 1One, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing grievant within five (5) working days of receipt of this answer, may file a formal grievance in writing with the appropriate administrator. Any grievance not so presented in writing in Step Two shall be deemed waived and shall not be processed.
1. The grievance form shall be filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal if appropriate, and the School Central Office.
2. The grievance shall (1) name the employee(s) involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Agreement alleged to have been violated or misinterpreted, (4) state the contention of the grievant with respect to the grievance, (5) indicate the specific relief requested, and (6) be signed by the employee(s).
a) If3. The teacher may request a meeting with the appropriate administrator, having received a reply from and the Department Head, Association representative may accompany the employee wishes to pursue the grievance further, the employee shallgrievant. In any event, within five (5) working days of receiving said replyreceipt of the answer, forward the completed teacher may appeal to the Superintendent, or his/her designee, by filing the grievance form to and the answer, along with a written response of the teacher, if desired, with the Office of the City ManagerSuperintendent. The Manager's Office Any such response by the grievant shall refer be attached to the grievance. This section is waived if the grievance to a Grievance Sub-Committee within one (1) working daywas filed initially with the Superintendent.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of 1. If the grievance and to interview the Grievoris not resolved in Step Two, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shallteacher may, within five (5) working days of receiving said replyreceipt of the answer, refer the matter in writing appeal to the City Manager. The City Manager Superintendent, or his designate shall provide his/her designee, by filing the grievance and the answer, along with a written response of the teacher, if desired, with the Office of the Superintendent. Such answer shall be attached to the Union within tengrievance.
2. The teacher shall request a meeting with the Superintendent or his/her designated representative, and the Association representative shall accompany the grievant. The Superintendent or his/her designated representative, shall give the teacher an answer in writing no later than five (5) days after receipt of the written grievance properly filed with the Office of the Superintendent. Such answer shall be attached to the grievance.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedure. An employee and Subsection 1. Step One The aggrieved person may first discuss the problem with his/her principal and/or other immediate Supervisor supervisor. During this discussion the aggrieved person, either directly or through the Association’s grievance representative, shall attempt seek to resolve a potential grievance as defined in Clause 16.1 before it the matter informally.
Subsection 2. Step Two
a. If the aggrieved person is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance not satisfied with the Supervisor from whose disposition of his/her grievance at Step One or if no decision it arose within ten (10) working days of the grievance arising.
Step 2 If the employee wishes to pursue the grievance further the employee shall, has been rendered within five (5) working school days after discussion of having taken the grievance, he/she should file the grievance up using the form in Appendix I: Grievance Report Form, simultaneously with the Supervisor in Step 1, present such Association or its designee and the principal.
b. Within five (5) school days after receipt of the written grievance in writing, on a form to be approved by the City principal, the principal will meet with the aggrieved person and/or his/her representative of the Association if the aggrieved person so desires in an effort to resolve the grievance. The principal shall submit his/her decision in writing to the aggrieved person and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing Association within five (5) working school days of receipt of after the grievancemeeting.
a) If, having received a reply from Subsection 3. Step Three
a. If the Department Head, aggrieved person is not satisfied with the employee wishes disposition of his/her grievance file the grievance with the Superintendent and the Association or its designee at Step Two and chooses to pursue the grievance further, the employee shall, he/she may within five (5) working school days.
b. Within five (5) school days after receipt of receiving said replythe written grievance by the Superintendent, forward the completed grievance form Superintendent or his/her designee will meet with the aggrieved person and his/her representative from the association in an effort to resolve the grievance. The Superintendent or his/her designee shall submit his/her decision in writing to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other aggrieved person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, Association within five (5) working school days of receiving said replythe meeting.
c. The superintendent will notify the Board of Education concerning the receipt of the grievance, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within tenits nature, and his/her proposed solution.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedure. An During the term of this Agreement, any difference concerning the discipline, suspension or dismissal of an employee or the interpretation, application, operation or any alleged violation of the Agreement, including any question as to whether any matter is arbitrable, shall without stoppage of work, be the subject of collective bargaining between the Union and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. HoweverEmployer, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work under and by the following stepsprocedure:
Step 1 The employee grievance shall formally take up the grievance with the Supervisor from whose decision it arose be stated in writing, within ten (10) working days of and shall state that the matter is a grievance arisingin accordance with this Article and shall be submitted to the Department Head concerned.
Step 2 If the employee wishes to pursue the grievance further the employee shall, within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will shall review the matter and provide a reply to the employee in writing written response within five seven (57) working days of receipt of the grievance.
a. Should the matter be unresolved, the Union may refer the grievance to Step 3 within seven (7) If, having received a reply from working days of receipt of the Department Head's written response. Within seven (7) working days of the referral to Step 3, the employee wishes grievance shall be discussed between the Grievance Committee of the Employer, the aggrieved employee, the Grievance Committee of the Union and/or the Official Representative of the Union. Should the parties be unable to pursue settle the matter during the seven (7) working days, either party may refer the grievance furtherto Step 4, Arbitration, within a further seven (7) working days. A Board of Arbitration shall be formed to hear the Grievance. Either party shall notify the other, in writing, of the question(s) to be arbitrated and the name and address of its chosen representative on the Arbitration Board. After receiving such notice and statement, the employee shall, other party shall within five (5) working days appoint its representative on the Arbitration Board and give notice in writing of receiving said reply, forward the completed grievance form such appointment to the Office of other party. Such representatives shall endeavour to select a third member who shall be Chairperson. Should the City Manager. The Manager's Office shall refer the grievance representatives fail to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, select such third member within five (5) working days from the appointment of receiving said replythe last representative, refer either party may request the matter in writing Minister of Labour of the Province of British Columbia to the City Managerappoint a Chairperson. The City Manager or his designate expenses and compensation of the representatives selected by the parties shall provide a written response to be borne by the Union within tenrespective parties. The expenses and compensation of the Chairperson shall be shared equally between the parties. Within fourteen (14) days following the establishment of the Board of Arbitration, it shall report its decision on the Grievance. The majority decision of the Board shall be final and binding on all persons bound by this Agreement. By mutual agreement between the Employer and the Union, the above time limits may be extended.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. An STEP 1: The aggrieved employee shall present his/her grievance orally to his/her immediate supervisor. The aggrieved employee may request that an Association representative be present. Discussions will be informal for the purpose of settling differences in the simplest and the most direct manner. The immediate Supervisor supervisor shall attempt to resolve reach a potential grievance as defined in Clause 16.1 before decision and communicate it is submitted orally to the formal grievance procedure outlined below. However, if the aggrieved employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten five (105) working days of from the date the grievance arisingwas heard by the Supervisor.
Step 2 STEP 2: If the grievance is not settled at the first step, the aggrieved employee wishes to pursue shall reduce the grievance further to writing on the employee shallstandard Grievance Form, sign it and present it to the Department Head within five (5) working days of having taken the grievance up with response of the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department HeadSupervisor. The Department Head will provide shall investigate the alleged grievance and have a reply to meeting with the aggrieved employee in writing within five (5) working days of receipt of the written grievance. The Department Head shall notify the aggrieved employee of his/her decision, in writing, not later than seven (7) working days following the meeting date.
a) If, having received a reply from STEP 3: If the Department Headgrievance is not settled at the second step, the aggrieved employee wishes shall forward the written grievance to pursue the grievance further, the employee shall, City Manager within five (5) working days of receiving said reply, forward the completed grievance form to the Office decision of the City ManagerDepartment Head. The Manager's Office City Manager shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of meet with the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, only on class action grievances within five (5) working days of receiving said reply, refer receipt of the matter in writing to the City Managerwritten grievance. The City Manager or his designate may meet with an individual employee who has filed a grievance at the City Manager's discretion. The City Manager shall have ten (10) workdays from the date of receipt to provide a written response on any grievance.
STEP 4: If a grievance, as defined in this Section, has not been satisfactorily resolved within the Grievance Procedure, the Union may request arbitration or to advance the grievance to the Union Personnel Board no later than ten (10) working days after the City Manager's response is provided in STEP 3 of the Grievance Procedure. This request shall be in the form of a request to the Federal Mediation and Conciliation Service, for a list of seven (7) arbitrators or a letter received by the Human Resources Director requesting to utilize the procedures established in the Personnel Code to appeal the City Manager's decision. Once the list is secured from FMCS, the parties shall have a maximum of twenty (20) workdays to alternately strike names from the list until only one name remains; the party requesting the list shall have the first strike. Each party shall have two working days to implement each strike except for the first strike which shall have five (5) workdays. The First strike shall be made within tenfive (5) workdays of the certified date that both parties are in receipt of the FMCS list. The second strike shall occur within two (2) workdays of receipt of the first strike and each strike shall be made within two (2) workdays of receipt of the preceding strike until all strikes are completed. A party who fails to make its' strike within the prescribed time frames shall forfeit its' right to make that strike, and the opposing party shall then have two strikes. Nothing contained in this Article shall prevent any employees covered by this Agreement from processing his/her own grievance unassisted through the Grievance Procedure.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. An The grievance/arbitration procedure shall be subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the foregoing procedure shall be foreclosed for all contractual and legal purposes. No employee shall be entitled to use the grievance procedure until the employee has completed their required probationary period. This includes employees who wish to grieve the Drug-Free Workplace Last Chance Agreement. The FOPE shall not be required to process grievances for employees who are not members in good standing of the FOPE. Time limits set in this Article shall not include Saturdays, Sundays or paid Holidays or days off on a School Board calendar. Grievances filed during the period of June 15 to August 15 may be held in abeyance until the first week of the school year if grievant, witnesses and/or supervisor are on leave. Timeline for grievances held in abeyance will begin the first day students return. Failure of administrator to respond to a grievance within the prescribed time limits will allow FOPE to automatically move the grievance to the next step. Nothing herein shall preclude the earlier settlement of any grievance directly by agreement between the Employer and the immediate Supervisor FOPE; however, such settlement shall attempt to resolve not constitute an admission that the contract was violated, nor shall it be used as a potential precedent for future contract interpretation. Any dispute or grievance as defined in Clause 16.1 before it is submitted to arising between the formal grievance procedure outlined below. However, if employer and the employee and Supervisor are unable to resolve such potential grievance, it FOPE or any bargaining unit member over the interpretation or application of this Agreement shall be finally and conclusively settled without stoppage of work by in the following steps:
Step 1 The employee shall formally take up the grievance with the Supervisor from whose decision it arose within ten manner: Within seven (107) working days after the occurrence could have reasonably been known or the grievant became aware of the grievance arising.
Step 2 If event giving rise to the employee wishes to pursue grievance, the grievance further employee, with or without the employee shallassistance of the on-site representative, shall take it up with the Manager/Designee who shall render a decision within five (5) working days of having taken and, if the grievant is not satisfied with the response then: Within seven (7) working days following the decision at Step One, the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form shall be reduced to be approved writing and signed by the City aggrieved employee and the Union, FOPE Business Representative and a copy given to the Department Headappropriate administrator, as determined by the Superintendent or his designee. The FOPE representative, the grievant, and a representative designated by the employer shall meet and attempt to resolve the dispute. The Department Head will provide or Director shall render a reply decision within seven (7) working days. If, after reviewing the contractual language, the grievance is not resolved in Step Two, then the grievant and the FOPE may proceed to the employee in writing within five Step Three: Within seven (57) working days of receipt of following the grievance.
a) If, having received a reply from the Department Headdecision at Step Two, the employee wishes written grievance will be processed by the Employee & Labor Relations Department. The FOPE Representative, the grievant and a representative designated by the employer shall meet and attempt to pursue resolve the dispute. The response to the grievance further, the employee shall, shall be rendered within five thirty twenty (5320) working days of receiving said replythereafter. If the FOPE is not satisfied with the response in Step Three, forward then: If the completed grievance form to FOPE is not satisfied with the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievorresponse in Step Three, the SupervisorFOPE may request such dispute or grievance be submitted to Arbitration, the Department Head and any other person who may have knowledge of the circumstances of the grievancepursuant to Article 6.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to pursue the grievance further, it shall, within five (5) working days of receiving said reply, refer the matter in writing to the City Manager. The City Manager or his designate shall provide a written response to the Union within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement