Procedure. a) The employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee. b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor. c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department. d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or parties hereto acknowledge that it is usually most desirable for an employee and the union representative 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 grievance to discuss the matter informally with his/her supervisor and having the grievance adjusted, provided the adjustment is not inconsistent with the immediate supervisorterms of this Agreement. If any adjustment is made, a second meeting will be held if the grievant so requests to discuss said adjustment in the presence of an Association representative. However, if such informal processes fail to satisfy the employee, a grievance may be processed in the following steps:
5.3.1 Step 1 The grievant or Association shall present the grievance in writing within thirty (30) days of the 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 Union ▇▇▇▇▇▇▇ may attend this grievance meeting if supervisor shall provide a written answer to the grievance has been filed by an employeeof the aggrieved teacher within ten (10) days after the receipt of the grievance.
b5.3.2 Step 2 If the grievance is not resolved in Step 1, the grievant or Association may refer the grievance to the Superintendent or official designee within ten (10) days after receipt of the Step 1 answer. The Superintendent shall arrange a meeting to take place within ten (10) days of his/her receipt of the appeal. Within ten (10) days of the meeting, the grievant shall be provided with the Superintendent’s response.
5.3.3 Step 3 If no agreement the grievant, or Association, is reached not satisfied with the disposition of the grievance at Step 2, the grievant may submit the grievance to the Board within ten (10) days after the receipt of the Superintendent’s written response. The Board shall allow the grievant to present his/her case to the Board, in executive session, at the above grievance next 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 grievance shall be reduced heard at a Special meeting to writing and submitted be called within fifteen (15) days of the filing of said appeal. If the appeal to the Director Board is not filed within ten (10) days of the Department within seven (7) calendar days from the date of Step 2 response, the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resourcesdeemed withdrawn.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Sources: Negotiations Agreement, Negotiations Agreement, Negotiations Agreement
Procedure. a) The employee(s) and/or parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the union employee, a CMAGE/CWA representative involved shall discuss may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance with the immediate supervisorprocedure. The Union ▇▇▇▇▇▇▇ may attend this If such informal discussions do not lead to a satisfactory resolution of a grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingas defined herein, the grievance shall be reduced to writing and submitted processed according to the Director of following procedure. First Step:
(1) If the Department within seven (7) calendar days from the date employee or CMAGE/CWA is unable to resolve a grievance informally, a written statement of the grievance meeting with shall be prepared, signed by the immediate supervisor.
c) The Director of Grievant and delivered to the Department aggrieved employee's Appointing Authority or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed first event giving rise 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, grievance or within fourteen (14) calendar days from after the close employee or CMAGE/CWA, through the use of any hearing which is conducted by reasonable diligence, could have obtained knowledge of the Campus Chancellorfirst 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 allegedly violated, misinterpreted, or his designeemisapplied, the full facts on which the grievance is based and the specific relief requested.
f(2) If After the written grievance is submitted, the Appointing Authority or designee shall meet with 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, within seven ten (710) calendar days from date of after receipt of the decisiongrievance. A CMAGE/CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the 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 request shall be directed answer to the President of the Union within ten (10) days after the hearing. Second Step: If the grievance is not satisfactorily resolved at the First Step, the grievant and/or the Union may submit the grievance in writing to the Director of Labor Human Resources or designee, within ten (10) days after receipt of the City's First Step answer, or within ten (10) days of when the First Step answer was due, whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of Human Resources or designee shall meet with the grievant and Employees Relations – Staff Human Resources.
gthe Union President or the Vice-President, and/or a representative of CWA within ten (10) The foregoing time limits may be extended by mutual written agreement between days after receipt of the appropriate partiesgrievance. The time limits for Director of Human Resources or designee, after consultation with the grievant's Appointing Authority or designee, shall give a grievance shall toll for written answer to the duration President of a leave of absence or layoffthe Union within ten (10) days after the hearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. aGrievances shall be resolved in conformance with the following procedure:
Step 1: An EMPLOYEE claiming a violation concerning the interpretation or application of the Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE’S supervisor as designated by the EMPLOYER. The employee(s) and/or the union representative involved shall supervisor will discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this and give an answer to such Step 1 grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven ten (710) calendar days from after receipt. To appeal a grievance not resolved in Step 1 to Step 2, the date UNION must set forth in writing the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee shall study Agreement allegedly violated, and the grievance and respond in writing within seven (7) calendar daysremedy requested. This response from written appeal to Step 2 must be presented to the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing EMPLOYER within fourteen ten (1410) calendar days after the Department's decision is received or duesupervisor’s final answer in Step 1. Any grievance not appealed by the UNION in writing to Step 2 within ten (10) calendar days shall be considered waived.
Step 2: If appealed, the written grievance shall be presented by the UNION and discussed with the Chief of Police. The appeal Chief of Police shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER’S Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close Chief of any hearing which is conducted Police’s final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3: If appealed, the written grievance shall be presented by the UNION and discussed with the City Manager or designated representative. The City Manager shall give the UNION the EMPLOYER’S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the decisionEMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) 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 subject to the provisions of the Minnesota Public Employment Labor Relations Act of 1971, as amended. The written request selection of an arbitrator shall be directed to made in accordance with the Director “Rules Governing the Arbitration of Labor and Employees Grievances” as established by the Minnesota Public Employment Relations – Staff Human ResourcesBoard.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement A. Since it is reached in the above grievance meetingimportant that grievances be processed as rapidly as possible, the grievance shall number of days indicated at each level is maximum, and every effort should be reduced made to writing and submitted to expedite the Director of process. However, the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between of the appropriate parties.
B. No grievance need be considered by the Board unless the procedure set forth below is followed: Step One
a. All grievances, except Association grievances, shall begin as verbal complaints with the employee's immediate supervisor. The time limits for a employee shall be entitled to have an Association representative present, if desired. Such discussion must take 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 the 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 toll 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.
a. If the grievance is not resolved in Level Two, the employee may, within five (5) working days of the immediate supervisor's answer submit the grievance to the Assistant Superintendent of Human Resources.
b. The Assistant Superintendent of Human Resources or a designated representative shall give the employee a written answer no later than five (5) working days after the receipt of the written grievance. If further investigation is needed, additional time may be allowed by mutual agreement of the Assistant Superintendent of Human Resources and the Association. If the Association is not satisfied with the disposition of the grievance at Step III, the Association may submit the grievance to 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 duration expense of witnesses called by the other.
5. No advice in any one (1) case shall require a retroactive adjustment in any other case.
6. Paid leave of absence time, not deductible from Association leave time, shall be provided any bargaining unit member identified as the aggrieved party whose presence is necessary at the arbitration hearing. *If the alleged grievance involves a single building, it shall be initiated with the building principal or layoffsupervisor. If the alleged grievance involves more than a single building, the aggrieved person(s) may elect to institute the informal discussion at Level Three.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the Step 1. An employee and his union representative involved shall discuss 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 will issue his written answer to the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days City business days. Nothing in this agreement prohibits the Union from the date of the filing a grievance meeting with the immediate supervisoron a member’s behalf.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar daysStep 2. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or desires to further process the Union wishes to appeal from the decision of the Departmentgrievance, it shall do so be referred 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 ChancellorFire Chief, or his/her his 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 seven (7) calendar City business days after of receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor“Step 1” response. The Fire Chief, or his designee, shall meet with the grievant and his union representative within seven (7) City business days of receipt of the referral. The Fire Chief, or his designee, shall issue his written answer to the grievance within ten (10) City business days of receipt of the grievance referral.
f) Step 3. If the grievant or desires to further process the Union wishes grievance, the grievance may be referred in writing to appeal from the decision of the Campus ChancellorCity Manager, or his/her his designee, it shall request mandatory arbitration, in writing, within seven (7) calendar City business days from date of the receipt of the “Step 2” response. The City Manager, or his designee, shall meet with the grievant and/or his representatives within seven (7) City business days of receipt of the decisionreferral. The City Manager, or his designee, shall issue a written request shall be directed answer to the Director grievance within ten (10) City business days of Labor and Employees Relations – Staff Human Resourcesreceipt 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.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above Pre-grievance meeting, the : No grievance shall be reduced to writing and 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 Director 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 Department within seven (7) calendar days from specific contract provisions, and why the date of Union believes the grievance meeting with challenged interpretation or application violates the immediate supervisorcontract.
cStep 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 appropriate Union Representative. The Director of the Department or supervisor shall give his/her designee shall study written answer within five (5) business days after such presentation.
Step 2: If the grievance is not settled in Step l and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union employee wishes to appeal from the decision grievance to Step 2 of the DepartmentGrievance Procedure, it shall do so be referred in writing on the same standard grievance form submitted at Step l to the Fire Chief within fourteen five (145) calendar business days after the Departmentdesignated supervisor's decision is received or dueanswer in Step l and shall be signed by both the Employee and Union Representative. 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 ChancellorFire Chief, or his/her designeerepresentative, shall fully investigate discuss the grievance, including conducting a hearing if so requested by grievance within five (5) business days with the Union or grievantRepresentative at a time mutually agreeable to both parties. The Campus ChancellorFire Chief, or his/her designeerepresentative, shall issue respond in writing to the Campus Decision on Union within five (5) business days following their meeting.
Step 3: If the grievancegrievance is not settled in Step 2 and the Union desires to appeal, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted it shall be referred by the Campus Chancellor, or his designee.
f) If Union in writing to the grievant or the Union wishes to appeal from the decision of the Campus Chancellor, Mayor or his/her designee, it shall request mandatory arbitration, designated representative on the same standard grievance form submitted in writing, Step l within seven five (75) calendar business days from date of receipt of after the decisionCity's answer in Step 2. The written request A meeting between the Mayor or his/her representative and the Chief Union Representative shall be directed held at a time mutually agreeable to the Director 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 time limits for a grievance Mayor or his/her representative shall toll for give the duration of a leave of absence or layoffCity's written answer to the Union within ten (10) business days following the meeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. aA. Level One - A grievance lodged with the principal or the appropriate administrator must be within thirty (30) days after the grievant could reasonably be assumed to have known of the event or action giving rise to the alleged grievance. The employee(sgrievance conference shall occur within ten (10) and/or days after the union grievance is filed. The grievant shall be accompanied by the local MTA building representative involved or any other MTA personnel of the grievant's choosing. The principal or appropriate administrator shall discuss file his/her decision within ten (10) days after the Level One conference or, if the principal/administrator fails to answer, the grievance shall automatically proceed to the next step.
B. Level Two - In the event a grievance has not been satisfactorily resolved at Level One, the MTA may file, within ten (10) days of the principal's or the appropriate administrator's written decision at Level One, a copy of the grievance with the immediate supervisorSuperintendent within ten (10) days after such written grievance is filed, the grievant, the MTA and the Superintendent or designee shall meet to attempt to resolve the grievance. The Union ▇▇▇▇▇▇▇ may attend this Superintendent or designee shall file his/her decision within ten (10) days of the Level Two hearing and communicate it to the grievant and the MTA or, if the Superintendent or designee fails to answer, the grievance meeting if will automatically proceed to Level Three.
C. Level Three - If the grievance has not been filed satisfactorily resolved at Level Two, the MTA may within ten (10) days of the Level Two decision, demand arbitration under the Voluntary Arbitration Rules of the Arbitration and Mediation Association (“AMS”) of Cincinnati, Ohio, by an employeedirect written demand therefore and a list of twelve (12) arbitrators to the AMS, with a copy of said notice to the other party. The arbitrator shall be appointed in accordance with AMS rules according to the strike and rank method.
b) If no agreement is reached D. The cost for the services of the arbitrator, including per diem expenses, if any, and the actual and necessary travel and subsistence expenses shall be shared equally by the Board and the MTA.
E. When issued in the above grievance meetingaccordance with these procedures, the grievance opinion and award of the arbitrator shall be reduced final and binding to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate all parties. The time limits for a grievance arbitrator shall toll for not have the duration of a leave of absence power to add to, or layoffsubtract from, or modify this contract.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. a) The employee(s) and/or 1. Since it is important that grievances be processed as rapidly as possible, the union representative involved shall discuss number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the grievance with process. All time limits must be adhered to unless a modification or extension is agreed to by the immediate supervisorAssociation and the Board. The Union ▇▇▇▇▇▇▇ If such time limits are not adhered to by the Board or the Administration, the aggrieved may attend initiate action to the next step of this grievance meeting if procedure. If the grievance has been filed by an employee.
b) If no agreement is reached in aggrieved or the above grievance meetingAssociation fails to adhere to such time limits, the grievance shall be reduced considered withdrawn. A grievance to be considered under this procedure must be initiated by the aggrieved or the Association within twenty (20) days of its alleged occurrence or from the time when the aggrieved or Association could reasonably have known of its occurrence.
2. The parties acknowledge that it is usually most desirable for an employee and his supervisor to resolve problems through free and informal communications. When requested by either party, the Association representative may intervene to assist in this resolution. However, should such informal processes fail to satisfy the supervisor and the principal, than a grievance may be processed as follows:
a. In the event the aggrieved person is not satisfied with the disposition of his grievance or if no decision has been rendered within ten (10) days after presentation of the grievance, he/she may file the grievance in writing and submitted with the Association’s grievance committee. An Association representative may assist in writing the grievance.
b. Within five (5) days of receipt of the grievance, the Association’s grievance committee shall decide whether or not there is a legitimate grievance. If the committee decides there is a legitimate grievance, it shall immediately submit the written claim to the Director immediate supervisor, within ten (10) days from receipt of the Department grievance he/she shall render a decision as to the solution.
Step 2 In the event the aggrieved person is not satisfied with the disposition of his/her grievance in Step 1, or if no decision has been rendered within seven ten (710) calendar days from the date of receipt of the grievance by his/her immediate supervisor, the aggrieved may refer the grievance committee with the written consent of the aggrieved to the Superintendent of Schools. If the Superintendent of Schools has already heard the grievance at Step 1, then the aggrieved may submit the grievance to the Board of Education. Within the ten (10) days from receipt of the written referral by the Superintendent, he/she shall meet the aggrieved for the purpose of arriving at a mutually satisfactory solution of the grievance problem. A written decision shall be rendered within five (5) days.
a. If the grievance is not satisfactorily resolved in Step 2, the aggrieved may refer the grievance individually or through the Association’s grievance committee, with the written consent of the aggrieved, to the Board of Education unless the Board of Education has already reviewed the grievance in Step 2 above. If the Board has reviewed the grievance in Step 2 above, then the arbitration procedures in Step 4 would be invoked. The Board’s representative will arrange a meeting with the immediate supervisorAssociation’s grievance committee and the Board’s representatives. Each party shall have the right to include in their representation appropriate witnesses and needed counselors to develop facts pertinent to the grievance.
c) The Director b. Upon conclusion of the Department hearing the Board will have five (5) days in which to provide its decision in writing to the Association or his/her designee shall study the aggrieved.
a. If either party is not satisfied with the disposition of the grievance and respond in writing at Step 3 or the Step 3 time limit expires without action, then the grievance may be submitted to binding arbitration under the rules of the American Arbitration Association which shall act as administrator of the proceedings. If neither party files a demand for a binding arbitration within seven ten (710) calendar days. This response days of the date of the Board Step 3 reply, then the grievance shall be deemed withdrawn.
b. Neither the Board nor the Association will be permitted to assert any grounds or evidence not previously disclosed to the other party.
c. The arbitrator shall have no power to alter, add to, or subtract from the Director or histerms of this Agreement. However, it is mutually agreed that the arbitrator is empowered to include in his award such financial reimbursements as he/her designee will she judges to be proper. Each party shall bear the final position full cost for its side of the Department.
dbinding arbitration and will pay one-half (1/2) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll costs for the duration of a leave of absence or layoffarbitrator.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or EASMC and the union representative involved Board shall discuss 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 with submitted to them.
a. Step 1 - The parties acknowledge that it is most desirable for an employee and the immediate supervisoradministrator who made the decision on the issue being grieved to resolve any problem relating to the terms of the Agreement through free and informal communications. The Union ▇▇▇▇▇▇▇ However, if such informal processes fail to satisfy the employee, the problem may attend this be further processed as a grievance meeting if provided that the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position 20 days of the Departmentalleged grievance.
d) If b. Step 2 - The grievant must submit the grievant or grievance in writing to the Union wishes to appeal from administrator who made the decision of on the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or dueissue being grieved. The appeal shall administrator will arrange for a meeting 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, take place within seven (7) calendar four days after receipt of the appeal if no hearing is conducted, or 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 fourteen (14) calendar four days from after the close of any hearing which is conducted by the Campus Chancellor, or his designeemeeting.
f) c. Step 3 - If the grievant or is not satisfied with the Union wishes decision rendered by the administrator at Step 2, then they may appeal to appeal from the Superintendent within six days of the receipt of the decision of the Campus Chancelloradministrator. The Superintendent shall arrange for a meeting with the grievant to take place within five days of their 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 conclusion of the hearing, the Superintendent 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 his/her designeeif the Superintendent fails to render a decision within the prescribed time, it the grievance may within 15 days be submitted to arbitration by EASMC under the Voluntary Labor Rules of the American Arbitration Association. The arbitrator shall request mandatory arbitrationhave 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 powers delegated to the Board by law. The award, in writing, within seven (7) calendar days from date of receipt of the decision. The written request arbitrator, except as noted in the above statement, shall be directed to final and binding on the Director of Labor aggrieved and Employees Relations – Staff Human Resourcesthe Board.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or grievance/arbitration procedure shall be subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the union representative involved foregoing procedure shall discuss 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 FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a precedent for future contract interpretation. Any dispute or grievance arising between the employer and the FOPE or any bargaining unit member over the interpretation or application of this Agreement shall be settled in the following manner: Within seven (7) working days after the occurrence could have reasonably been known or the grievant became aware of the event giving rise to the grievance, the employee, with or without the assistance of the on-site representative, shall take it up with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting Manager/Designee who shall render a decision within five (5) working days and, if the grievance has been filed by an employee.
bgrievant is not satisfied with the response then: Within seven (7) If no agreement is reached in working days following the above grievance meetingdecision at Step One, the grievance shall be reduced to writing and submitted signed by the aggrieved employee and the FOPE Business Representative and a copy given to the appropriate 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 or Director of the Department shall render a decision within seven (7) calendar days from working days. If, after reviewing the date of contractual language, the grievance meeting with is not resolved in Step Two, then the immediate supervisor.
c) The Director of grievant and the Department or his/her designee shall study the grievance and respond in writing within FOPE may proceed to Step Three: Within seven (7) calendar days. This response from working days following the Director or his/her designee decision at Step Two, the written grievance will be processed by the final position of Employee & Labor Relations Department. The FOPE Representative, the Department.
dgrievant and a representative designated by the employer shall meet and attempt to resolve the dispute. The response to the grievance shall be rendered within thirty twenty (320) working days thereafter. If the grievant or FOPE is not satisfied with the Union wishes to appeal from the decision of the Departmentresponse in Step Three, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) then: If the grievant FOPE is not satisfied with the response in Step Three, the FOPE may request such dispute or the Union wishes grievance be submitted to appeal from the decision of the Campus ChancellorArbitration, or his/her designee, it shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed pursuant to the Director of Labor and Employees Relations – Staff Human ResourcesArticle 6.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or If a decision is not returned to the union representative involved shall discuss Union within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance with to the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached City representative specified in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date next step of the grievance meeting with procedure. Grievances and appeals must be filed within the immediate supervisor.
c) The Director time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the Department or hisgrievance/her designee appeal is not filed within the time limits, the grievance/appeal shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or dueconsidered waived. 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing set time limits may be extended by mutual written agreement between of the appropriate partiesEmployer and the Union. No claim shall be granted retroactively for more than ten (10) calendar days from the date of filing a grievance.
Step 1: The Employee shall first contact and attempt to informally resolve any concerns or grievance by meeting with their immediate supervisor. If not resolved informally, a written grievance shall be filed by the Employee or shop ▇▇▇▇▇▇▇ with the Employee's immediate supervisor within ten (10) working days of the occurrence which gave rise to the grievance or when the Employee should have reasonably had first knowledge of the occurrence. The time limits for Employee shall set forth the specific contract provisions alleged to have been violated and include the proposed remedy. Within five (5) working days of receipt of the written grievance, the supervisor shall meet with the Employee. Within five (5) working days thereafter, a written decision shall be given to the Employee.
Step 2: If a grievance is not settled at Step 1, it may be presented to the Public Works Director. The grievance shall toll be submitted within five (5) working days after receipt of the decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall be written and shall set forth the specific contract provisions alleged to have been violated, the reason for dissatisfaction, and include the duration proposed remedy. Within five (5) working days of receipt of the written grievance, the department director or designee shall meet with the Employee and/or representative. Within five (5) working days thereafter, a leave written decision shall be given to the Employee or representative.
Step 3: If the grievance is not settled at Step 2, it may be presented to the City Manager. The grievance shall be submitted within five (5) working days after receipt of absence the decision at Step 2 or layoffthe expiration of the time limits, whichever is earlier. Such appeal shall be written and shall set forth the specific contract provisions alleged to have been violated, the reason for dissatisfaction, and include the proposed remedy. Within ten (10) working days of receipt of the written grievance, the City Manager shall meet with the Employee and/or representative. Within ten (10) working days thereafter, a written decision shall be given to the Employee or representative. Grievances involving matters other than a suspension for more than twenty (20) days, reduction in rank or pay, or dismissal for cause are subject to only steps one, two and three of the grievance procedure contained herein.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 6.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after such alleged violation has occurred, present such grievance to the Departmentemployee's decision is received or duesupervisor as designated by the EMPLOYER. The appeal EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall to be directed to placed in writing setting forth the Labor and Employee Relations Section nature 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 the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union or grievantUNION within ten (10) 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 Campus Chancellor, or his/her designee, EMPLOYER designated representative shall issue give the Campus Decision on UNION the grievance, EMPLOYER's Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted EMPLOYER designated representatives final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 3 answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 3A or Step 4 within ten (10) calendar days following the decisionEMPLOYER designated representative's final answer in Step 3. The written request Any grievance not appealed in writing to Step 3A or Step 4 by the UNION within ten (10) calendar days shall be directed to the Director of Labor and Employees Relations – Staff Human Resourcesconsidered waived.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 6.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after such alleged violation has occurred, present such grievance to the Department's decision is received or dueDirector of Public Safety. The appeal Director of Public Safety will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall to be directed to placed in writing setting forth the Labor and Employee Relations Section nature 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 the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Director of Public Safety’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union or grievantUNION within ten (10) calendar days shall be considered waived.
Step 2 If appealed, the written grievance shall be presented by the UNION and discussed with the City Administrator. The Campus Chancellor, or his/her designee, City Administrator shall issue give the Campus Decision on UNION the grievance, EMPLOYER's Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted City Administrator’s final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date shall be considered waived.
Step 3 If desired by the Union, the Union may submit a written or electronic request to the Employer-designated Step 2 representative to mediate the grievance through the Bureau of receipt Mediation Services. The grievance may be mediated if agreed to by both parties. A grievance not resolved in Step 3 within ten (10) calendar days following the Employer- designated representative’s written refusal to mediate or completion of mediation as designated by the mediator may be appealed to Step 4. Any grievance not appealed in writing to Step 4 by the Union within ten (10) 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 subject to the provisions of the decisionPublic Employment Labor Relations Act of 1971, as amended. The written request selection of an arbitrator shall be directed to made consistent with the Director rules established by the Bureau of Labor and Employees Relations – Staff Human ResourcesMediation Services.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 6.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance to the date employee's supervisor as designated by the EMPLOYER. The EMPLOYER Step 1 designated representative (Division Director) will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee AGREEMENT allegedly violated, the remedy requested, and shall study the grievance and respond in writing be appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the Department's decision is received or dueEMPLOYER designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) 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 (City Administrator). The appeal EMPLOYER designated representative shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER's Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted EMPLOYER designated representatives final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative (City Administrator). The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 3 answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the decisionEMPLOYER designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4 If appealed, the written grievance may be submitted to mediation by the UNION through the State Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following mediation.
Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The written request selection of an arbitrator shall be directed to made consistent with the Director rules established by the Bureau of Labor and Employees Relations – Staff Human ResourcesMediation Services.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or A grievance filed against the union representative involved Village shall be processed in the following manner:
Step 1: In Order to encourage informal resolution of a grievance at the first level of supervision, an employee who believes that the employee has a grievance shall be required first to discuss the alleged grievance with the employee’s immediate supervisor. The Union Association Chapter ▇▇▇▇▇▇▇ may attend this grievance meeting be present if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingemployee so desires. To be timely, the grievance must be presented no later than five (5) calendar days after the act, event or commencement of the condition which is the basis of the grievance or five (5) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the act, event or commencement of the condition which is the basis of the grievance. The supervisor shall respond to the grievance, either orally or in writing within five (5) calendar days.
Step 2: If the grievance is not satisfactorily settled in Step 1, it shall be reduced to writing writing, signed by the employee, and submitted presented to the Director of Deputy Chief, or the Department Deputy Chief’s designee, within seven (7) calendar days from after a decision was rendered by the date immediate supervisor in Step 1. The written grievance shall include a statement of all relevant facts, a reference to the provision or provisions of the grievance meeting Agreement alleged to be violated, and the remedy requested. The employee and/or the Association Chapter representative shall meet with the immediate supervisor.
c) The Director Deputy Chief, or the Deputy Chief’s designee, to discuss the subject of the Department grievance, as well as optionally present written statements to the Deputy Chief, or his/her designee shall study the grievance and respond in writing Deputy Chief’s designee, within seven (7) calendar daysdays after presentation of the written grievance to the Deputy Chief, or the Deputy Chief’s designee, shall provide a written response within seven (7) calendar days after such meeting.
Step 3: If the grievance is not settled at Step 2, the written grievance shall be presented by the employee or by the Association Chapter representative to the Chief of Police, or the Chief’s designee, no later than seven (7) calendar days after the date of the response of the Deputy Chief, or the Deputy Chief’s designee. This response from The Chief of Police, or the Director Chief’s designee, may meet with the employee and/or the Association Chapter representative in an effort to resolve the grievance within seven (7) calendar days after the Chief, or his/her the Chief’s designee, receives the grievance. The Chief, or the Chief’s designee, shall reply to the grievance within seven (7) calendar days after the date of the meeting, or, if there is no meeting, within ten (10) calendar days after the written grievance was received by the Chief, or the Chief’s designee.
Step 4: If the grievance is not settled in Step 3, the written grievance shall be presented by the employee or by the Association Chapter representative to the Village Manager, or the Manager’s designee, not later than seven (7) calendar days after the Chief of Police, or the Chief’s designee, replies to the grievance. The Village Manager or the Manager’s designee shall make such investigation of the facts and circumstances as the Manager, or the Manager’s designee, deems necessary, and may meet with the employee and/or the Association Chapter representative. The Village Manager or the Manager’s designee will be give a written answer to the final position grievance within ten (10) calendar days after the date of the Department.
d) If the grievant meeting, or the Union wishes to appeal from the decision of the Departmentif there is no meeting, it shall do so in writing within fourteen (14) calendar days after the Department's decision is date the grievance was received by the Manager, or due. The appeal shall to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the ChancellorManager’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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. aStep 1 An employee is expected to discuss any grievance initially with his/her immediate supervisor within fourteen (14) The employee(sworking days of the alleged 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) and/or the union representative involved shall discuss 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 or his/her Union representative may submit a written grievance and relief sought to the Fire Chief no later than fourteen (14) working days from the meeting with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if Fire Chief shall respond to the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar working days after of receipt of it.
Step 3 If the Department's decision is received or due. The appeal employee feels that the grievance has not been satisfactorily adjusted by the Fire Chief, a written grievance and/or documentation shall to be directed submitted to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
e) The Campus ChancellorCity Manager, 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or designee within fourteen (14) calendar working days from of the close of any hearing which is conducted by Fire Chief’s reply. The City Manager may conduct hearings, investigations, and/or reviews necessary to determine the Campus Chancellor, or his designee.
f) If the grievant or facts and issue a written finding to the Union wishes to appeal from the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writing, within seven no later than fourteen (714) calendar days from date of receipt of the decisionwritten grievance.
Step 4 If the employee feels the findings of the City Manager 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 parties hereto acknowledge the importance of both the time limitations and the requirements for written request grievances and appeals expressed in this Article, and no grievance shall be directed 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 denial of the grievance and the grievance may be pursued to the Director next step of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time the grievance procedure. Time limits may not be extended except by a written mutual written agreement between the appropriate signed by representatives of both parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or 232 An employee shall not have a grievance unless the union representative involved matter complained of is first brought to the attention of their department head, or their designated representative, by the employee. At that time, the department head or their designated representative, shall set a time and date, to discuss the grievance matter with the employee and if appropriate, the employee's immediate supervisor. At the employee's request, the employee’s chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇, as the case may be, shall be present during the discussion. If the matter is not resolved between the department head, or their designated representative, and the employee within seven (7) calendar days, the employee may submit their grievance using the following grievance procedure. 233 The following grievance procedure shall be the sole and exclusive means for resolving all grievances: 234 An aggrieved employee promptly, and in no event later than fifteen (15) calendar days after facts have occurred giving rise to their grievance, shall reduce their grievance to writing on a form provided by the University and submit it to their department head, or designated representative, for written answer. 235 The grievance shall be dated and signed by the aggrieved employee and their chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and shall set forth the facts, including dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired. 236 The grievance shall not be considered submitted until the department head, or designated representative, receives the written grievance. At the time it is received it shall be dated and a copy returned to the aggrieved employee. 237 If the aggrieved employee does not receive a satisfactory written answer within fifteen (15) calendar days after their written grievance is submitted to their department head, or his designated representative, the employee may submit their written grievance to the University Review Committee for written answer provided the employee submits it within seven (7) calendar days following receipt of an unsatisfactory answer at Step One or within twenty-two (22) calendar days from the time the grievance was submitted at Step One. 238 Upon receipt of the written grievance, the University Review Committee shall set a mutually acceptable place and time within fifteen (15) calendar days, unless there is a mutual Agreement otherwise as to time, for discussion of the grievance. The aggrieved employee's chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and a reasonable number of non-employee Union officials may assist them in the discussion. A written answer shall be provided within ten (10) calendar days, except that this time limit may be extended by mutual Agreement of the University and the Union. 239 If the chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ from another representation area possesses technical or craft specialty skills and knowledge expertise related to the grievance issue that may contribute to the understanding and resolution of the grievance, that chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ may attend this grievance meeting if also be released, in accordance with the ▇▇▇▇▇▇▇ release provisions of paragraph 240, to participate in the grievance has been filed by an employee.
b) If no agreement is reached hearings referenced in the above grievance meeting, the grievance paragraphs 232 and 237 above. Such request for release shall be reduced to writing and submitted made with reasonable prior notice from the Union to the Director of appropriate University Human Resources Office, which will coordinate the Department within seven (7) calendar days from the date of the grievance meeting release with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or dueapplicable operation units. The appeal shall parties recognize that this type of release would be an exception to normal hearing participation procedures, and it will not be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designeeabused.
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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the union representative involved shall discuss informal process does not resolve the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingmatter, the grievance will be processed as follows:
STEP 1: Any employee who has a grievance shall be reduced to submit the grievance in writing and submitted to the Director employee’s immediate supervisor, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the Department within facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be presented no later than seven (7) calendar business days from the date of the first occurrence of the matter giving rise to the grievance meeting with or within seven business 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 immediate supervisorsupervisor shall render a written response to the grievant within seven business days after the grievance is presented.
c) The Director of the Department or his/her designee shall study STEP 2: If the grievance is not settled at Step 1 and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union employee wishes to appeal from the decision grievance to Step 2 of the Departmentgrievance procedure, it shall do so be submitted 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 grievanceBureau Commander or, in writinghis absence, to the Division Captain, within seven (7) calendar business days after receipt of the Village’s answer at Step 1. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Bureau Commander or, in his absence, the Division Captain, shall provide a written answer to the grievant within seven business days after the grievance is appealed to Step 2.
STEP 3: If the grievance is not settled at Step 2 and the employee wishes to appeal if no hearing is conductedthe grievance to Step 3 of the grievance procedure, or it shall be submitted in writing to the Police Chief within fourteen (14) calendar seven business days from after receipt of the close of any hearing Village’s answer at Step 2. The grievance shall specifically state the basis upon which is conducted by the Campus Chancellorgrievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Police Chief, or his designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within seven business days with the grievant and an authorized representative of the Chapter at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Police Chief, or his designee, shall provide a written answer to the grievant and the Chapter within seven business days following their meeting.
f) STEP 4: If the grievant or grievance is not settled at Step 3 and the Union wishes Chapter desires to appeal from the decision of the Campus Chancellor, or his/her designeeappeal, it shall request mandatory arbitration, be referred by the Chapter in writing, writing to the Village Manager within seven (7business days after receipt of the Village’s answer at Step 3. Thereafter, the Village Manager or his designee and other appropriate individual(s) calendar as desired by the Village Manager, shall meet with the grievant and a Chapter representative within ten business days from date of receipt of the decisionChapter’s appeal, if at all possible. The If no agreement is reached, the Village Manager or designee shall submit a written request shall be directed answer to the Director of Labor grievant and Employees Relations – Staff Human ResourcesChapter within ten business days following the meeting.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. [a) The employee(s) and/or the union representative involved ] Step 1 - Informal Discussion Should an employee believe that there is basis for a grievance, he/she shall discuss the grievance with his/her immediate supervisor with the immediate supervisorobjective of resolving the matter. To initiate the grievance process, the employee must inform the supervisor that the complaint is a grievance. The Union ▇▇▇▇▇▇▇ 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 attend this 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 was heard in Step 2 by the Building Principal or Department Director. Otherwise, if the employee is not satisfied with the disposition of the grievance at Step 2, or if no decision has been filed rendered within ten (10) additional working days, the dated complaint shall be forwarded by an employeethe grievant, within ten (10) more working days, to the Building Principal or Department Director.
b(ii) The Building Principal or Department Director shall meet with the employee within ten (10) working days of receipt of the written grievance. The Building Principal or Department Director shall render his/her written decision within ten (10) working days of the meeting. [d] Step 4 - District Liaison Meeting If no agreement the employee is reached in not satisfied with the above grievance meeting, disposition of the grievance shall at the last applicable step, he/she may ask, with the objective of resolving the matter, that the grievance be reduced to writing and submitted to the Director of District Liaison Meeting held with the Department within seven recognized collective bargaining agent for classified employees. Submission to the Liaison Meeting is not mandatory. [e] Step 5 – Superintendent
(7i) calendar days from If the date employee is not satisfied with the disposition of the grievance meeting with at the immediate supervisor.
clast applicable step, or if no decision has been rendered within ten (10) The Director of additional working days, the Department or his/her designee dated complaint shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If forwarded by the grievant or the Union wishes to appeal from the decision of the Departmentwithin ten (10) more working days, it shall 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 Superintendent of Staff Human Resources, as the Chancellor’s designee.
e) The Campus Chancellor, Schools or his/her designee.
(ii) The Superintendent or designee shall render his/her written decision within ten (10) working days of receipt of the written grievance. [f] Step 6 - Board of Education
(i) If the employee is not satisfied with the decision rendered in Step 5, shall fully investigate the grievance, including conducting employee and/or his/her representative may submit a hearing if so requested written summary of the grievance to the Board of Education within ten (10) working days following delivery of the decision by the Union or grievant. The Campus Chancellor, superintendent or his/her designee, shall issue . The employee may request or the Campus Decision on Board may decide that the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no grievance be heard by a hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeeexaminer.
f(ii) If The Board may resolve the grievant issue, conduct its own hearing or the Union wishes to appeal from the decision of the Campus Chancellor, appoint an impartial third party hearing examiner. The Superintendent or his/her designee, it representative and the employee or his/her representative shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt mutually agree upon a hearing examiner who is a resident of the decisionState 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 request recommendation of the hearing examiner shall include findings of fact and shall be directed subject to the Director final decision of Labor and Employees Relations – Staff Human Resourcesthe Board.
g(iv) The foregoing time limits may expense of the hearing examiner shall be extended borne equally by mutual written agreement between the appropriate partiesDistrict and the employee if the employee requested the grievance be heard by a hearing examiner. The time limits for 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 toll for be borne equally by the duration of a leave of absence or layoffDistrict and the employee.
Appears in 2 contracts
Sources: Classified Agreement, Classified Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Article 13.1, shall discuss the grievance be resolved in conformance with the following procedure:
STEP 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT, shall within fourteen (14) calendar days after such alleged violation has occurred (or actual knowledge of the alleged violation or the time when the occurrence of the alleged violation should reasonably has been known), present such grievance, in writing, to the employee's immediate supervisorsupervisor as designated by the EMPLOYER. The Union ▇▇▇▇▇▇▇ may attend EMPLOYER-designated representative will meet with the UNION and discuss and give, in writing, an answer to 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 setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of this AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within fourteen (14) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance meeting if not appealed in writing to Step 2 by the grievance has been filed by an employeeUNION within fourteen (14) calendar days shall be considered waived.
b) STEP 2. If no agreement is reached in the above grievance meetingappealed, the written grievance shall be reduced to writing presented by the UNION and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting discussed with the immediate supervisor.
c) EMPLOYER-designated Step 2 representative. The Director of EMPLOYER-designated representative shall give the Department or his/her designee shall study UNION the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so EMPLOYER'S Step 2 answer in writing within fourteen (14) calendar days after the Department's decision is received or duereceipt of such Step 2 grievance. The appeal Such meeting 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, held within seven fourteen (714) calendar days after receipt of the appeal if no hearing is conducted, or days. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen (14) calendar days from following the close of any hearing which is conducted EMPLOYER-designated representative's final Step 2 answer.
STEP 3. If appealed, the written grievance shall be presented by the Campus Chancellor, or his designee.
f) If UNION and discussed with the grievant or the Union wishes to appeal from the decision EMPLOYER-designated Step 3 representative. Such meeting may be waived by agreement of the Campus Chancellor, or his/her designee, it parties. The EMPLOYER-designated representative shall request mandatory arbitration, give the UNION the EMPLOYER'S answer in writing, writing within seven fourteen (714) calendar days from date of 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 decisionEMPLOYER-designated representative final answer in Step 3. The written 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 request shall be directed made to the Director Bureau of Mediation Services for a panel of arbitrators (unless the UNION and the EMPLOYER agree on an Arbitrator) within nine (9) months following the EMPLOYER designated representative’s final answer in Step 3, subject to the provisions of the Public Employment Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate partiesAct of 1971 as amended. The time limits for a grievance selection of an arbitrator shall toll for be made in accordance with the duration "Rules Governing the Arbitration of a leave Grievances" as established by the Bureau of absence or layoffMediation Services.
Appears in 2 contracts
Procedure. a) The employee(s) and/or parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the union representative involved shall discuss informal process does not resolve the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingmatter, the grievance will be processed as follows:
STEP 1: Any employee or Union who has a grievance shall be reduced to submit the grievance in writing and submitted to the Director employee's immediate non-bargaining unit supervisor (normally the Deputy Chief of Operations) specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the Department within facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be presented no later than seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director first occurrence of the Department or his/her designee shall study matter giving rise to the grievance and respond in writing or within seven (7) calendar days. This response from days after the Director or his/her designee will be employee, through the final position use of reasonable diligence, could have obtained knowledge of the Departmentfirst occurrence of the event giving rise to the grievance. The supervisor or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance with the grievant and a Union representative within seven (7) calendar days of receiving the grievance. The supervisor or his designee shall provide a written answer to the grievant and the Union President within seven (7) calendar days following that meeting.
d) STEP 2: If the grievant grievance is not resolved at Step 1 and the employee or the Union wishes to appeal from the decision grievance to Step 2 of the Departmentgrievance procedure, it shall do so be submitted by the employee 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 Fire Chief (and/or his 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from City's answer in Step 1. The Fire Chief and/or his designee shall investigate the 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 arbitrationgrievance and, in writingthe course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days from with the grievant and a Union representative. The Fire Chief and/or his designee and the employee's non-bargaining unit supervisor may attend the grievance meeting. During such meeting, the grievant shall provide all relevant facts concerning the alleged contract violation and the parties shall discuss possible resolution of the grievance. If no settlement of the grievance is reached, the Fire Chief and/or his designee shall provide a written answer to the grievant and the Union President within seven (7) calendar days following the date of the meeting.
STEP 3: If the grievance is not settled at Step 2 and the employee or Union wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted by the employee in writing to the City Administrator and/or his designee within seven (7) calendar days after receipt of the decisionCity's answer in Step 2. The City Administrator and/or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days with the grievant and a Union representative. The City Administrator and/or his designee may invite the Fire Chief to be present at the meeting. If no settlement of the grievance is reached, the City Administrator and/or his designee shall provide a written request answer to the grievant and the Union President within seven (7) calendar days following the date of the meeting. The City Administrator's and/or his designee's answer shall be directed final and binding unless the Union appeals to the Director arbitration as provided in Section 4.3 of Labor and Employees Relations – Staff Human Resourcesthis Article.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
Step 1. The Union ▇▇▇▇▇▇▇ may attend An EMPLOYEE claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance to the date EMPLOYEE's supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee AGREEMENT allegedly violated, the remedy requested, and shall study the grievance and respond in writing be appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the DepartmentEMPLOYER-designated representative's decision is received or duefinal answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) 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 Department Head. The appeal Department Head shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER's Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted Department Head’s final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative, the City Manager. The City Manager shall give the UNION the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the decisionCity Manager's final answer in Step 3. The written request Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be directed to the Director of Labor and Employees Relations – Staff Human Resourcesconsidered waived.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1: An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAgreement shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after such alleged violation has occurred, present such grievance to the Department's decision is received or dueChief Deputy. The appeal Chief Deputy or Chief Deputy’s Designee will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall to be directed to placed in writing setting forth the Labor and Employee Relations Section nature 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 the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Chief Deputy’s or Chief Deputy’s Designee’s final answer in Step 1. Any grievance not appealed in writing in Step 2 by the Union within ten (10) calendar days shall be considered waived.
Step 2: If appealed, the written grievance shall be presented by the Union and discussed with the Sheriff or grievantSheriff’s Designee. The Campus Chancellor, Sheriff or his/her designee, Sheriff’s Designee shall issue give the Campus Decision on Union the grievance, Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the appeal if no hearing is conductedSheriff or Sheriff’s Designee’s final Step 2 answer. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
Step 3: If appealed, the written grievance shall be presented by the Union and discussed with the County Administrator or Administrator’s Designee. The County Administrator or Administrator’s Designee shall give the Union the Employer’s answer in writing within fourteen ten (1410) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the County Administrator’s or Designee’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) 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 subject to provisions of the Public Employment Labor Relations Act within ten (10) calendar days. The selection of an arbitrator shall be made in accordance with the rules and regulations as established by the Bureau of Mediation Services. Absent any factors beyond the control of the Union or the Employer, the Union and the Employer shall select an arbitrator within ninety (90) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or date the Union wishes appeals the grievance to appeal from the decision Step 4 of the Campus Chancellorgrievance procedure. If no selection is made within this ninety (90) day timeframe, or his/her designeethe grievance shall be considered waived. However, it no such waiver shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt occur due to the failure of the decision. The written request shall be directed Employer to engage in the Director of Labor and Employees Relations – Staff Human Resourcesselection process.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) STEP 1: The employee(s) and/or the union representative involved aggrieved employee shall discuss the present his/her grievance with the orally to his/her immediate supervisor. The Union ▇▇▇▇▇▇▇ aggrieved employee may attend this grievance meeting if request that an Association representative be present. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it orally to the aggrieved employee within five (5) working days from the date the grievance has been filed was heard by an employeethe Supervisor.
b) STEP 2: If no agreement the grievance is reached in not settled at the above grievance meetingfirst step, the aggrieved employee shall reduce the grievance shall be reduced to writing on the standard Grievance Form, sign it and submitted present it to the Director Department Head within five (5) working days of the response of the Supervisor. The Department Head shall investigate the alleged grievance and have a meeting with the aggrieved employee 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) calendar working days following the meeting date.
STEP 3: If the grievance is not settled at the second step, the aggrieved employee shall forward the written grievance to the City Manager within five (5) working days of the decision of the Department Head. The City Manager shall meet with the Union only on class action grievances within five (5) working days of receipt of the written grievance. The City Manager 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 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 meeting with to the immediate supervisor.
cPersonnel Board no later than ten (10) The Director working days after the City Manager's response is provided in STEP 3 of the Department or his/her designee Grievance Procedure. This request shall study be in the grievance form of a request to the Federal Mediation and respond in writing within Conciliation Service, for a list of seven (7) calendar daysarbitrators 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. This response Once the list is secured from FMCS, the parties shall have a maximum of twenty (20) workdays to alternately strike names from the Director or his/her designee will 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 the final position made within five (5) workdays of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so certified date that both parties are 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or FMCS list. The second strike shall occur within fourteen two (142) calendar days from the 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, within seven (7) calendar days from date workdays of receipt of the decision. The written request first strike and each strike shall be directed 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 Director of Labor prescribed time frames shall forfeit its' right to make that strike, and Employees Relations – Staff Human Resourcesthe 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.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved An employee or HTEA shall first discuss the his/her or its grievance with the immediate supervisorSuperintendent in an attempt to resolve the matter informally. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if right to grieve must be exercised within 45 days of the occurrence as defined in Section A. Beyond 45 days it will be deemed waived. If the matter cannot be resolved informally to the mutual satisfaction of both parties, then the following shall apply:
1. The employee or HTEA shall set forth the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted deliver it to the Director of the Department Superintendent within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) ten calendar days after the Departmentfailure of the informal procedure described in Paragraph B. The Superintendent shall communicate his decision in writing to the employee or HTEA within five school days after filing.
2. If dissatisfied, the employee or HTEA may appeal the Superintendent'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 grievanceBoard, in writing, within seven (7) calendar ten school days after receipt by the employee or HTEA of the appeal if no hearing is conducted, Superintendent's written decision. The Board will communicate its decision in writing to the employee or HTEA within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeeten school days.
f) 3. If the grievant employee or the Union wishes to appeal from HTEA is dissatisfied with the decision of the Campus ChancellorBoard, he/she or his/her designee, it shall request mandatory arbitration, in writingHTEA may, within seven (7) calendar ten school days from date of 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 written request arbitrator can add nothing to nor subtract anything from this Agreement. The arbitrator shall be directed limited to the Director of Labor issues submitted and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate partiesshall consider nothing else. The time limits for a grievance decision of the arbitrator shall toll for not be binding upon the duration Board. The costs and services of a leave the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of absence the hearing room shall be borne equally by the Board and the employee or layoffHTEA. The party incurring them shall pay any other expenses incurred.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or Step One: Employee/Employees having a grievance shall first discuss such grievance with his/her supervisor. If the union representative involved discussion in Step One does not resolve the grievance to the satisfaction of the grievant, he or she shall discuss have the right to lodge a written grievance with the immediate supervisor. If a dispute arises between the parties as to the meaning or interpretation or application of any provision of this Agreement, or a claim or complaint based on an event which affects a term or condition of employment, an aggrieved employee shall present a written grievance to the Supervisor within thirty (30) calendar days of when the employee knew or should have known of the event giving rise to the grievance. The Union ▇▇▇▇▇▇▇ may attend this written grievance meeting if shall be on the appropriate form (OAPSE GRIEVANCE FORM) and shall contain a statement of the facts upon which the grievance has been filed by an employee.
bis based and the specific article and section of this Agreement allegedly violated, misinterpreted, or misapplied. The grievant shall have a right to request a hearing with the Supervisor. Such hearings shall be at a time mutually agreeable to the grievant and the Union and the-Treasurer, and held within twelve (12) calendar days of receipt of the written grievance, unless otherwise mutually agreed. The Supervisor shall take action on the written grievance and reduce the response to writing with copies sent to the grievant and Union, within twelve (12) calendar days after the hearing date. Step Two: If Step One does not resolve the grievance to the satisfaction of the grievant, he/she shall have the right to appeal, in writing, the Supervisor’s decision, within twelve (12) calendar days of receiving the response, to the Superintendent or designee, who shall respond to the Union, in writing, within ten (10) calendar days. Step Three: Board of Education Level A majority of the members of the Board shall meet with the grievant within twelve (12) calendar days after notification or at the time of the next Regular Meeting of the Board, whichever is later. The Board shall send a written decision on the appeal in no agreement more than twelve (12) calendar days after the meeting. Step Four: Grievance Mediation: In the event that the grievance is reached in the above grievance meetingnot satisfactorily adjusted at Step Three, the grievance shall be reduced to writing and submitted to mediation. Notice shall be given to the Director Superintendent, or designee within twelve (12) calendar of the Department receipt of the response at Step Three. The Federal Mediation and Conciliation Service shall be requested to appoint one of its Mediators to conduct the mediation conference. The mediation conference will be scheduled at the earliest date that the Mediator, the parties, and their Representatives are available. The mediation conference shall be conducted informally. No record of the conference will be made and everything said in the mediation conference by the parties and their Representatives will be regarded as a confidential settlement discussion. Step Five: Arbitration: If a resolution is not reached through mediation, the Union may notify the Employer of its intent to submit to arbitration. The notice of the appeal shall be sent to the Superintendent or designee within thirty-two (32) calendar days of the Step Three hearing. Within thirty-two (32) calendar days of receipt of the request for arbitration, either party may petition the Federal Mediation and Conciliation Service for a list of seven (7) calendar days from arbitrators. Both parties may request a second list. A single arbitrator will be selected in accordance with the date alternate strike method. The decision of the grievance meeting with arbitrator shall be final and binding on the immediate supervisor.
c) parties. The Director arbitrator’s fees and expenses shall be equally shared in arbitration. As part of the Department award, the arbitrator shall designate either the Union or The Employer as the losing party. Each side shall be responsible for the costs it individually incurs. The cost of joint services, such as court stenographer and transcripts or administration fees, shall be equally shared if requested or accepted. Each party shall pay the costs of its own witnesses and presentations. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Master Agreement, nor add to, detract from or modify the language therein in arriving at his/her designee decision concerning any issue presented that is proper within the limitations expressed herein. The arbitrator shall study expressly confine himself/herself to the grievance precise issue(s) submitted for arbitration and respond shall have no authority to decide any other issue(s) not submitted to him/her or to submit observations or declarations of opinion which are not directly essential in writing within seven (7) calendar days. This response from the Director or reaching his/her designee will be the final position of the Departmentdecision.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Working Conditions Agreement, Working Conditions Agreement
Procedure. aIt is the intention of the parties that this procedure shall provide a just and peaceful method of adjusting grievances and the parties agree to act in good faith in the settlement of grievances in accor- dance with the provisions of this Article. Any complaint, disagreement, or difference of opinion between the Company and the 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, shall be considered a grievance. Any Hourly Employee or Owner Operator, the Union or the Company may present a grievance. A grievance concerning a dis- missal shall be submitted at Step Any grievance which is not presented within five (5) The employee(s) and/or working days following the union representative involved event giving rise to such grievance shall be forfeited and waived by the aggrieved parties. A policy grievance filed on behalf of the Union or the Company shall be submitted at Step of the grievance procedure.
Step 1: Any Hourly Employee or Owner Operator having a com- plaint should first orally discuss the grievance matter with a Supervisor or General Manager. Should such discussion not result in a satisfac- tory resolution of the immediate supervisorproblem, 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 Union Hourly Employee or Owner Operator and shop ▇▇▇▇▇▇▇ shall submit formal grievance in writing to General Manager, who shall give reply 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 attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached appeal, orally or in the above grievance meetingwriting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from Company who have been designat- ed as the date of the grievance meeting Company with the immediate supervisor.
c) The Director of the Department or his/her designee regards to Union matters who shall study the grievance and respond give their reply in writing within seven (7) calendar working days. This response from Failing a satisfactory settlement, the Director grievance may then be referred to a Board of Arbitration, as established in Article of this Agreement. Any Hourly Employee or his/her designee 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 the final position of the Department.
d) If the grievant or the Union wishes required to appeal from the decision of the Departmentsign, it shall 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 seven (7) calendar days after acknowledge receipt of the appeal discipline. 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, 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 Hourly Employee’s and Owner Operator’s file after one (I)year, except if no hearing there is conducteda 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 disciplinary record indefinitely. Said files to be removed shall not be considered to be removed but shall be physically removed and destroyed. Any discipline which is not imposed within fourteen five (145) calendar working days from the 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, within seven (7) calendar days from date of receipt of knowledge will be deemed null and void. In the decision. The written request event that the Company is required to investigate a matter prior to discipline being imposed, this time limit shall be directed increased to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.fifteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. aa. An employee with a grievance shall first discuss it with the Food Service Director in an attempt to resolve the matter mutually at that level. A decision will be rendered by the Food Service Director within five (5) The employee(s) and/or workdays.
b. If the union representative involved shall discuss aggrieved person is not satisfied with the informal resolution of the grievance by the Food Service Director, or if no decision has been rendered within five (5) workdays, the employee with a grievance shall submit the grievance in writing to the Food Service Director. The Food Service Director shall meet with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if employee within five (5) workdays after receiving the written grievance.
c. If the aggrieved person is not satisfied with the disposition of the grievance by the Food Service Director, or if no decision has been filed by an employee.
brendered within five (5) If no agreement is reached in the above grievance workdays after his/her first meeting, the employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter should be appealed, a written grievance shall be reduced filed with the Director of Human Resources within five (5) workdays. The Director of Human Resources shall meet with the employee, a representative of the Union, and the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her decision in writing to the aggrieved person, the Union and the Food Service Director within five (5) work days after the meeting.
d. If the aggrieved person is not satisfied with the disposition of the grievance by the Director of Human Resources, or if no decision has been rendered within five (5) workdays after his/her first meeting, the employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter should be appealed, a written grievance shall be filed with the Superintendent within five (5) workdays. The Superintendent shall meet with the employee, a representative of the Union, and the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her decision in writing to the aggrieved person, the Union, the Food Service Director, and submitted the Director of Human Resources within five (5) work days after the meeting.
e. If the aggrieved person is not satisfied with the disposition of the grievance by the Superintendent, he/she shall notify the Union within five (5) workdays after receipt of the Superintendent’s decision. If the union determines that the matter should be arbitrated, it shall so advise the Director of Human Resources in writing within ten (10 working days of the receipt of the employee’s request.
f. The parties will hereby designate a mutually agreed upon arbitrator for the resolution of grievances.
g. Within ten (10) workdays of notification to the Director of Human Resources of the Department Union's determination that the matter should be arbitrated, the District shall contact each of the above arbitrators, notify the arbitrators as to the nature of the dispute, and determine when each arbitrator is available to hear the grievance.
h. The arbitrator who is available on the earliest date, which is mutually convenient for the parties, shall be selected to arbitrate the grievance. Following selection of the arbitrator, the District shall request that the arbitrator meet with the employee and representatives of the Union and the District to resolve said dispute within seven (7) calendar days from the date terms of this Agreement.
i. After receiving notice of the request for arbitration, the arbitrator shall meet with the affected employee and parties representing the Union and the District, and shall proceed forthwith to make a binding disposition of the grievance meeting by such means and methods as he may determine to be necessary. If the employee refuses to meet with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from arbitrator, the decision of the DepartmentDirector of Human Resources shall be upheld. The arbitrator is limited in his authority to interpreting the Agreement in the resolution of the issue submitted to him by the parties and has no authority to alter, it change or modify any provision of this Agreement.
j. The arbitrator shall do so prepare a written decision and no appeal thereafter shall be permitted.
k. The cost of arbitration, including arbitrator's fees and reasonable expenses, shall be born equally by the District and the Union.
l. No reprisals of any kind will be taken by the District or the Union against any party of interest or other participant in the grievance procedure. Any party of interest may be represented by counsel or by a representative selected by the Union. The Union may appear to be heard at any stage of the grievance procedure.
m. Forms for the grievance procedure will be jointly prepared by the Director of Human Resources and the Union and given appropriate distribution.
n. A grievance, which is not filed within forty five (45) workdays of the event or events underlying the alleged grievance, shall be waived, regardless of whether the employee knew or should have known of the act or condition on which the grievance is based.
o. A grievance involving a group of employees from different buildings may be submitted 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed directly to the Director of Labor and Employees Relations – Staff Human Resources. The Director of Human Resources may, in his/her sole discretion, process the grievance as if (1) it constituted a single grievance, or (2) it were a group of individual grievances, all of which had been processed through the preliminary steps described in this Agreement.
p. A grievance involving the discharge of an employee shall be submitted in writing by the Union directly to the Director of Human Resources.
g) The foregoing time q. Time limits for the processing of grievances may be extended by mutual written agreement between the appropriate agreement, in writing, executed by both parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved An employee or HTEA shall first discuss the his/her or its grievance with the immediate supervisorSuperintendent in an attempt to resolve the matter informally. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if right to grieve must be exercised within 45 days of the occurrence as defined in Section A. Beyond 45 days it will be deemed waived. If the matter cannot be resolved informally to the mutual satisfaction of both parties, then the following shall apply:
1. The employee or HTEA shall set forth the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted deliver it to the Director of the Department Superintendent within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) ten calendar days after the Departmentfailure of the informal procedure described in Paragraph B. The Superintendent shall communicate his decision in writing to the employee or HTEA within five school days after filing.
2. If dissatisfied, the employee or HTEA may appeal the Superintendent'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 grievanceBoard, in writing, within seven (7) calendar ten school days after receipt by the employee or HTEA of the appeal if no hearing is conducted, Superintendent's written decision. The Board will communicate its decision in writing to the employee or HTEA within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeeten school days.
f) 3. If the grievant employee or the Union wishes to appeal from HTEA is dissatisfied with the decision of the Campus ChancellorBoard, he/she or his/her designee, it shall request mandatory arbitration, in writingHTEA may, within seven (7) calendar ten school days from date of 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 written request arbitrator can add nothing to nor subtract anything from this Agreement. The arbitrator shall be directed limited to the Director of Labor issues submitted and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate partiesshall consider nothing else. The time limits for a grievance decision of the arbitrator shall toll for not be binding upon the duration Board. The costs and services of a leave the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of absence the hearing room shall be borne equally by the Board and the employee or layoffHTEA. The party incurring them shall pay any other expenses incurred.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) (The employee(s) and/or following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the union representative involved Hospital's expiring collective agreement:) Employees shall discuss have the grievance with right, upon request, to the immediate supervisor. The presence of a Union ▇▇▇▇▇▇▇ may attend this grievance meeting if at any stage of the grievance has been filed by procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee.
b, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) If no agreement is reached calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance and, failing settlement within seven (7) calendar days, it shall be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the above following manner and sequence: The employee must submit the grievance meetingin writing signed by him to his immediate supervisor and may be accompanied, if he so desires, by his union ▇▇▇▇▇▇▇. The grievance shall identify the nature of the grievance, the grievance shall be reduced to writing remedy sought, and submitted to should specify the Director provisions of the Agreement which are alleged to have been violated. The immediate supervisor will deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within seven (7)calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union ▇▇▇▇▇▇▇, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date of on which the written grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar dayswas presented. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits step may be extended by mutual written agreement between omitted where the appropriate parties. The time limits for a grievance shall toll for employee's immediate supervisor and Department Head are the duration of a leave of absence or layoff.same
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. a) The employee(s) and/or parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the union employee, a CWA representative involved shall discuss may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance with the immediate supervisorprocedure. The Union ▇▇▇▇▇▇▇ may attend this If such informal discussions do not lead to a satisfactory resolution of a grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingas defined herein, the grievance shall be reduced to writing and submitted processed according to the Director of following procedure.
(1) If the Department within seven (7) calendar days from the date employee or CWA is unable to resolve a grievance informally, a written statement of the grievance meeting with shall be prepared, signed by the immediate supervisor.
c) The Director of Grievant and delivered to the Department aggrieved employee's Appointing Authority or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed first event giving rise 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, grievance or within fourteen (14) calendar days from after the close employee or CWA, through the use of any hearing which is conducted by reasonable diligence, could have obtained knowledge of the Campus Chancellorfirst event giving rise to the grievance. An employee grievant shall deliver a copy of the written grievance to the CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or his designeemisapplied, the full facts on which the grievance is based and the specific relief requested.
f(2) If After the written grievance is submitted, the Appointing Authority or designee shall meet with 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, within seven ten (710) calendar days from date of after receipt of the decisiongrievance. A CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written request shall be directed answer to the President of the Union within ten (10) days after the hearing. Second Step: If the grievance is not satisfactorily resolved at the First Step, the grievant and/or the Union may submit the grievance in writing to the Director of Labor Human Resources or designee, within ten (10) days after receipt of the City's First Step answer, or within ten (10) days of when the First Step answer was due, whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of Human Resources or designee shall meet with the grievant and Employees Relations – Staff Human Resources.
gthe Union President or the Vice President, and/or a representative of CWA within ten (10) The foregoing time limits may be extended by mutual written agreement between days after receipt of the appropriate partiesgrievance. The time limits for Director of Human Resources or designee, after consultation with the grievant's Appointing Authority or designee, shall give a grievance shall toll for written answer to the duration President of a leave of absence or layoffthe Union within ten (10) days after the hearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. (a) The employee(sIn the event a Selling Securityholder wishes to make a Transfer of Securities (other than with respect to a Transfer to a Permitted Transferee), the Selling Securityholder shall deliver written notice (the “Transfer Notice”) and/or to the union representative involved Corporation specifying, in reasonable detail, (i) its bona fide intention to Transfer such Securities, (ii) the type of Securities to be Transferred, (iii) the number of such Securities to be Transferred, (iv) the proposed price per security therefor and material terms and conditions upon which the proposed Transfer is to be made, (v) the identity of each of the proposed Transferees and (vi) all other information reasonably necessary or requested by the Corporation to fully describe and confirm the bona fide nature of the proposed Transfer. As soon as practicable after the receipt of the Transfer Notice, the Corporation shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached distribute such Transfer Notice to each Preferred Stockholder (or, in the above grievance meetingcase of a Selling Securityholder that is a Preferred Stockholder, to each other Preferred Stockholder) (the grievance “Non-Selling Securityholders”). Each Non-Selling Securityholder shall be reduced to writing and submitted to the Director of the Department within seven have fifteen (715) calendar days from the date of the grievance meeting with receipt of the immediate supervisorTransfer Notice (the “Right of First Refusal Election Period”) to exercise its Right of First Refusal to purchase such Non-Selling Securityholder’s respective Pro Rata Share (but not less than such Non-Selling Securityholder’s Pro Rata Share) of the Securities subject to the Transfer Notice (for the price and upon the terms specified therein). If any Non-Selling Securityholder elects to purchase its respective Pro Rata Share, such Non-Selling Securityholder shall notify the Corporation and the Selling Securityholder within the Right of First Refusal Election Period by written notice (the “Right of First Refusal Election Notice”).
(b) If, after the expiration of the Right of First Refusal Election Period, any Non-Selling Securityholder has not exercised its Right of First Refusal to purchase its respective Pro Rata Share, the Corporation shall, within five (5) days of the expiration of the Right of First Refusal Election Period, provide the other Non-Selling Securityholders with written notice (the “Over-Allotment Notice”) indicating the aggregate amount of Securities as to which all Non- Selling Securityholders shall not have exercised their Rights of First Refusal. Each Non-Selling Securityholder who shall have elected to purchase its full Pro Rata Share of the Securities proposed to be Transferred by the Selling Securityholder shall have ten (10) days upon receipt of the Over-Allotment Notice (the “Over-Allotment Election Period”) to give notice (the “Over-Allotment Election Notice”) to the Corporation and the Selling Securityholder whether it elects to exercise its Over-Allotment Option granted in Section 3.3.
(c) The Director If, after expiration of the Department or his/her designee Over-Allotment Election Period, the Non-Selling Securityholders in the aggregate have elected not to purchase all of the Securities subject to the Transfer Notice, then the Corporation shall study the grievance and respond in writing within seven have ten (710) calendar days. This response days from the Director or his/her designee will be the final position expiration of the DepartmentOver-Allotment Election Period to purchase any or all of the Securities subject to the Transfer Notice and not purchased by the Non-Selling Securityholders by delivering written notice to the Selling Securityholder.
(d) If the grievant Corporation or any Non-Selling Securityholder shall have failed to deliver to the Selling Securityholder or the Union wishes Corporation written notice with respect to appeal from its Right of First Refusal within the decision of the Departmenttime periods described in this Section 3.2, it shall do so in writing within fourteen be deemed to have waived the rights described herein.
(14e) calendar days after Settlement for the Department's decision is received or due. The appeal shall Securities to be directed purchased by either the Corporation or any Non-Selling Securityholder pursuant to the Labor and Employee Relations this Section of Staff Human Resources, as the Chancellor’s designee.
e3.2 shall be made in cash within fifty (50) 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from Corporation’s deemed date of receipt of the decision. The written request shall be directed Transfer Notice; provided, however, that if the terms of payment for the Securities specified in the Transfer Notice were for other than cash against delivery, each of the Corporation and the Non-Selling Securityholders may pay to the Director Selling Securityholder the fair market value of Labor and Employees Relations – Staff Human Resourcessuch consideration (as determined in good faith by the Board) in cash.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Securityholders’ Agreement (Xstream Systems Inc), Securityholders’ Agreement (Xstream Systems Inc)
Procedure. aGrievances shall be processed as rapidly as possible. The number of days in each step shall be considered as a maximum, and effort shall be made to expedite the process. Time limits may be extended with mutual agreement. If at the end of the ten (10) The employee(s) and/or work days following either the union representative involved occurrence out of which the grievance arose, or the first date which the grievant should have had knowledge of such occurrence, the grievance shall not have been pursued as provided in this Article, the grievance shall be deemed to have been waived. An employee with a grievance shall discuss the grievance first with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if Every effort shall be made to solve the grievance has been filed by at this level in an employee.
b) informal manner. If no agreement is reached in the above grievance meeting, the grievance is not resolved informally, it shall be reduced to writing and submitted presented to the Director supervisor within five (5) working days from the informal discussion. (Exhibit G) The supervisor shall render a decision thereon, in writing, to the grievant within five (5) working days of receiving the written grievance. (Exhibit H) In the event the aggrieved is not satisfied with the disposition of the Department grievance at Step One, the grievance may be submitted in writing to the superintendent or designee within seven five (75) calendar working days from which the grievant received the decision at Step One. The superintendent or designee shall conduct a meeting within five (5) working days of receipt of the grievance with the grievant in an effort to render a solution to the grievance. In any event, the superintendent or designee shall render a written decision to the grievant within ten (10) working days from the date on which the written Step 2 grievance was submitted. (Exhibit I) If no settlement is reached at Step Two within the specified or agreed time limits, the grievant may, through the superintendent, request that the grievance be heard before the Board of Directors of the Hood Canal School District. In any event, such hearing shall be held within thirty (30) working days from the date on which the superintendent received the request for a hearing before the Board. The Board of Directors shall, within ten (10) working days after the hearing, render a written decision to the grievant. If the grievant is not satisfied with the disposition of the grievance meeting with by the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 ChancellorBoard, or his/her designeeif no disposition has been made within the period above provided, shall fully investigate the grievance, including conducting a hearing if so requested by only at the Union or grievantoption of the Association, may be submitted before an impartial arbitrator. The Campus Chancellor, or his/her designee, Association shall issue exercise its right of arbitration by giving the Campus Decision on the grievance, in writing, superintendent written notice of its intention to arbitrate within seven twenty working (720) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed disposition to the Director of Labor and Employees Relations – Staff Human ResourcesBoard.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Any grievance, as defined by section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
Step 1. The Union ▇▇▇▇▇▇▇ may attend An Employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAgreement shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1421) calendar days after such alleged violation has occurred, present such grievance to the Department's decision is received or dueChief. The appeal Chief shall discuss and give a written response 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, such Step 1 grievance within seven ten (710) calendar days after receipt of the appeal if no hearing is conductedwritten notice of grievance. A grievance not resolved at Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it was based, the provision or provisions of this Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within fourteen ten (1410) calendar days from after the close of any hearing which is conducted Chief's written response at Step 1. Any grievance not appealed in writing to Step 2 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, within seven ten (710) calendar days from date of the Chief’s written response in Step 1 shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union to the Human Resources Generalist. The City Administrator and the Human Resources Generalist shall discuss the grievance. The City Administrator shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved at Step 2 may be appealed to Step 3 within ten (10) calendar days following the decisionCity Administrator's Step 2 written response. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days after the City Administrator’s written response at Step 2 shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the City Council through the City Administrator. The City Council through the City Administrator shall give the Union the Employer's response in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved at Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Council’s through the City Administrator's written request response at Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days after the City’s Council written response at Step 3 shall be directed considered waived.
Step 4. A grievance unresolved at Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration. A grievance arbitration for written disciplinary action, discharge or termination shall follow the arbitrator selection procedures established in Minnesota Statute 626.892. For all other grievance matters, if the parties are unable to agree on the selection of an Arbitrator, the Union shall request a list of Arbitrators to be submitted to the Director Employer and the Union by the Bureau of Labor and Employees Relations – Staff Human ResourcesMediation Services.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 6.l, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
Step 1. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if An EMPLOYEE claiming a violation concerning the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director interpretation or application of the Department AGREEMENT shall, within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance in writing to the date EMPLOYEE’S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give a written answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee AGREEMENT allegedly violated, and the remedy requested and shall study the grievance and respond in writing be appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the Department's decision is received or dueEMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) 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 appeal EMPLOYER designated representative shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER’S Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted EMPLOYER designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the decisionEMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived.
Step 4. If the grievance is still unsettled, the UNION may, within ten (10) calendar days after the reply of the Step 3 representative was due by written notice to the EMPLOYER, petition the Bureau of Mediation Services for assistance in settling through mediation. If either party determines during the mediation process that further mediation would serve no purpose, the UNION may, within ten (10) calendar days by written notice to the EMPLOYER, request arbitration of the dispute.
Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The written request selection of arbitrator shall be directed to made in accordance with the Director “Rules Governing the Arbitration of Labor and Employees Grievances” as established by the Public Employment Relations – Staff Human ResourcesBoard.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. aStep 1: An employee and the Union grievance committee chairman (if the employee so desires) The employee(s) and/or the union representative involved shall first discuss the grievance problem with the immediate supervisorbuilding or program administra- tor within twenty working days of the first occurrence of the problem.
Step 2: If the matter is not satisfactorily adjusted within five working days after the last discussion, the employee, with the assistance of the grievance committee chairman, shall submit the grievance in writing within five school days to the superintendent of schools. The Union ▇▇▇▇▇▇▇ superintendent may attend this grievance request a meeting if with the employee and the grievance has been filed committee chairman prior to making his decision, but in any event, must render his decision in writing with copies to the employee and the Union within ten working days of written submission to him by an employeethe employee or within ten days after the meeting, whichever occurs later.
b) If no agreement is reached in Step 3: In the above event a grievance meetingshall not have been settled under the procedures above, the grievance aggrieved may proceed directly to arbitration, which shall be reduced binding on both parties. Notice of intention to request submission to arbitration must be sent in writing and submitted to the Director School Board by the employee within five (5) working days after receiving the decision of the Department Superintendent or within seven (7) calendar fifteen working days from of the date of the written grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar dayswas submitted if no response was received. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant employee or the Union wishes fails to appeal timely file or submit the grievance to the next step or otherwise deviates from the decision steps of this procedure, the Departmentgrievance is forever waived and/or the grievance is deemed settled. If the Employer fails to timely respond to a grievance, it shall do so in writing within fourteen (14) calendar days after the Department's decision grievance is received or duedeemed denied and the employee may file at the next step. The appeal shall to be directed to parties may, by written agreement, change any time limit on Steps in the Labor and Employee Relations Section of Staff Human Resources, as procedure. In 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for event a grievance shall toll not have been settled under the procedures above, the aggrieved may proceed directly to arbitration through the State of Montana Department of Personnel Appeals. The expense of arbitration shall be borne equally by the parties involved. In all steps of the grievance procedure, when it becomes necessary for individuals to be involved during school hours, they shall be excused with pay for that purpose. No clerical employees at any stage of the duration of a leave of absence or layoffgrievance procedure shall be required to meet with an administrator without Union representation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
Step 1. The Union ▇▇▇▇▇▇▇ may attend An EMPLOYEE claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAgreement shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance to the date Assistant Chief as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee Agreement allegedly violated, the remedy requested, signed by the EMPLOYEE involved, and shall study the grievance and respond in writing be appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the DepartmentEMPLOYER-designated representative's decision is received final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative, which shall be the Police Chief or duedesignee. The appeal EMPLOYER-designated representative shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER'S answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted EMPLOYER-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative, which shall be the Council Administrator. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of the decisionsuch Step 3 grievance.
Step 4. The written request A grievance unresolved in Step 3 and appealed to Step 4 shall be directed submitted to arbitration subject to the Director provisions of the Public Employment Labor and Employees Relations – Staff Human ResourcesAct of 1971, as amended.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or grievance/arbitration procedure shall be subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the union representative involved foregoing procedure shall discuss 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 FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a precedent for future contract interpretation. Any dispute or grievance arising between the employer and the FOPE or any bargaining unit member over the interpretation or application of this Agreement shall be settled in the following manner: Within seven (7) working days after the occurrence could have reasonably been known or the grievant became aware of the event giving rise to the grievance, the employee, with or without the assistance of the on-site representative, shall take it up with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting Manager/Designee who shall render a decision within five (5) working days and, if the grievance has been filed by an employee.
bgrievant is not satisfied with the response then: Within seven (7) If no agreement is reached in working days following the above grievance meetingdecision at Step One, the grievance shall be reduced to writing and submitted signed by the aggrieved employee and the FOPE Business Representative and a copy given to the appropriate 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 or Director of the Department shall render a decision within seven (7) calendar days from working days. If, after reviewing the date of contractual language, the grievance meeting with is not resolved in Step Two, then the immediate supervisor.
c) The Director of grievant and the Department or his/her designee shall study the grievance and respond in writing within FOPE may proceed to Step Three: Within seven (7) calendar days. This response from working days following the Director or his/her designee decision at Step Two, the written grievance will be processed by the final position of Employee & Labor Relations Department. The FOPE Representative, the Department.
dgrievant and a representative designated by the employer shall meet and attempt to resolve the dispute. The response to the grievance shall be rendered within thirty (30) working days thereafter. If the grievant or FOPE is not satisfied with the Union wishes to appeal from the decision of the Departmentresponse in Step Three, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) then: If the grievant FOPE is not satisfied with the response in Step Three, the FOPE may request such dispute or the Union wishes grievance be submitted to appeal from the decision of the Campus ChancellorArbitration, or his/her designee, it shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed pursuant to the Director of Labor and Employees Relations – Staff Human ResourcesArticle 6.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved A teacher who believes a violation of this agreement has occurred shall first discuss the grievance matter with his building principal with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this objective of resolving the matter informally.
Step 1: If the matter is not resolved informally, the teacher shall file a formal grievance meeting if on the form set forth in Appendix E signed by the grievant and a representative of the Association with the building principal within fifteen (15) days of the event on which the grievance is based .
a. Within 7 days of receipt of the grievance, the above designated administrator shall meet with the aggrieved person either individually, or together with his Association Representative, or alone with the Association Representative in the aggrieved person's absence.
b. Within 7 days after the meeting, the administrator shall state his decision in writing, and furnish a copy thereof to the teacher and the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been filed by an employee.
b) If no agreement is reached in made within 7 days after the above grievance previous meeting, the grievance shall be reduced deemed denied and then the grievance may be appealed by the Association in writing to the Superintendent of schools within 7 days after the decision in Step 1 is given or is required to be given if none is given.
a. Within 5 days of receipt of the grievance, the superintendent shall meet with the Association representative alone or together with the aggrieved person, if the aggrieved person desires.
b. Within 7 days after the meeting, the superintendent shall state his decision in writing, and furnish a copy thereof to the teacher and the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within 7 days after the meeting prescribed in Step 2, an appeal may be filed in writing by the Association with the Secretary of the Board of Education within 7 days after the decision is Step 2 is given or is required to be given if non is given. The Board, no later than its next regular meeting or two calendar weeks, whichever shall be later, shall review such grievance, or hold a hearing on the grievance, or give other consideration as it shall deem appropriate. Disposition of the grievance by the Board in writing shall be made no later than 7 days thereafter. A copy of such disposition shall be given to the teacher and the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made and the Association wishes to continue with the grievance, notification of same will be submitted to the Director of the Department Board within seven (7) days following completion of Step 3, the grievance may be submitted to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five calendar days from the notification date that arbitration will be pursued, he shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance arbitrator and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits agree that judgment thereon may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration entered in any court of a leave of absence or layoffcompetent jurisdiction.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievance as defined by Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1: An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance to the date employee's supervisor as designated by the EMPLOYER. The EMPLOYER-designated Representative will discuss and give an answer to such Step l grievance within ten (10) calendar days after receipt A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee AGREEMENT allegedly violated, the remedy requested and shall study the grievance and respond in writing be appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the DepartmentEMPLOYER- designated Representative's decision is received or duefinal answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) 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 appeal EMPLOYER-designated Step 2 Representative shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER'S Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from follow ing the close of any hearing which is conducted EMPLOYER- designated Representative's final Step 2 answer. Any grievance not appealed in writing to step 3 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, UNION within seven ten (710) calendar days from date of receipt shall be considered waived.
Step 3: A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the decisionrules and regulations established by the State of Minnesota Bureau of Mediation Services. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.·
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. aGrievances shall be processed in the following manner:
Step 1: A bargaining unit member must submit his/her grievance in writing and such grievance must be received by the immediate supervisor within twenty (20) The employee(s) and/or work days of the union representative involved shall discuss date when the events giving rise to the grievance occurred. Such submission shall be made to the immediate supervisor for a satisfactory adjustment. The written grievance must indicate the specific nature of the grievance and the specific contract provision(s) alleged to be violated. Such immediate supervisor may request a meeting with the immediate supervisorbargaining unit member prior to making his/her decision, but in any event must render his/her decision within five (5) work days of the submission. The bargaining unit member may be accompanied by a Union ▇▇▇▇▇▇▇ may attend this grievance meeting representative if he/she so desires at any such meeting.
Step 2: If no satisfactory settlement is reached after presentation of the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingat Step 1, the grievance shall may be reduced to writing and submitted pursued by the bargaining unit member to the Director of the Department within seven Chief Labor and Legal Services Officer (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study designee) by providing the Chief Labor and Legal Services Officer (or his/her designee) with a copy of such grievance and respond requesting a meeting in writing writing, within seven ten (710) calendar dayswork days of the decision of the Supervisor at Step 1. This response from the Director The Chief Labor and Legal Services Officer or his/her designee will be schedule a meeting with the final position of Grievant to attempt to resolve the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed issues related to the grievance within twenty (20) work days following the bargaining unit member’s filing the grievance with the Chief Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
e) The Campus Chancellor, Legal Services Officer (or his/her designee, shall fully investigate the grievance, including conducting a hearing if so requested by the Union or grievant). The Campus Chancellor, Chief Labor and Legal Services Officer (or his/her designee) shall have ten (10) work days after holding the meeting to issue a written decision. A copy of the decision shall be provided to both the Grievant, shall issue if a Grievant was present at the Campus Decision on meeting, and the Union. Step 3: In the event that the grievance is not settled at Step 1 or Step 2, then the Union may seek arbitration of the grievance. No bargaining unit member may file for arbitration as an individual, but only the Union may file an appeal to arbitration hereunder. The Union’s request for arbitration shall be in writing, writing and must be filed with the applicable arbitration agency with a copy to the Chief Labor and Legal Services Officer within seven ten (710) calendar work days after the receipt of the appeal if no hearing is conducted, or within fourteen Chief Labor and Legal Services Officer’s (14) calendar days from the 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, within seven 's) decision at Step 2 or not later than ten (710) calendar work days from date of receipt following the expiration of the decision. The written request shall be directed to the Director 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 time limits for making such a grievance decision, whichever shall toll occur first. All grievances filed for arbitration shall be submitted to the duration American Arbitration Association. In lieu of submitting grievances to the American Arbitration Association for arbitration the parties may by mutual agreement submit grievances to a leave single arbitrator mutually selected by them. The decision of absence the arbitrator shall be final and binding upon both parties, except as otherwise provided by law. The arbitrator shall have no power to add to, delete from, or layoffmodify in any way the provisions of this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. aGrievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) calendar days after such alleged violation has occurred, present such grievance in writing to the employee's immediate supervisor as designated by the EMPLOYER. The employee(sEMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and the employee and/or the union representative involved UNION wish to appeal to Step 2 shall discuss be placed in writing and signed by the grievance with employee and the immediate supervisorUNION setting forth the
Step 2. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingappealed, the written grievance shall be reduced to writing presented by the UNION and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting discussed with the immediate supervisor.
c) EMPLOYER designated Step 2 representative. The Director of EMPLOYER designated representative shall give the Department or his/her designee shall study UNION the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so EMPLOYER’S Step 2 answer 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen (14) calendar days from following the close of any hearing which is conducted EMPLOYER designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven fourteen (714) calendar days from shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S answer in writing within fourteen
Step 4. If the grievance is still unsettled, the UNION may within fourteen (14) calendar days after the date that the EMPLOYER'S Step 3 reply is due, by written notice to the EMPLOYER, petition the Bureau of receipt Mediation Services for assistance in settling the grievance through mediation. If either party determines the mediation process shall serve no further purpose, the UNION may, within fourteen (14) calendar days by written notice to the EMPLOYER, request arbitration of the decisiondispute.
Step 5. The written request A grievance unresolved in Step 4 and appealed to Step 5 shall be directed submitted to arbitration subject to the Director provisions of the Public Employment Labor and Employees Relations – Staff Human ResourcesAct of 1971. If the parties cannot agree upon an Arbitrator within fourteen (14) calendar days following the EMPLOYER-designated representative’s final answer in Step 4, they may request a list of neutral Arbitrators from the Bureau of Mediation Services.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Memorandum of Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or aggrieved bargaining unit employee or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this shall discuss the matter with the bargaining unit employee’s immediate supervisor with the objective of resolving the issue informally.
Step 1 If the matter is not resolved informally, the aggrieved employee or the Union ▇▇▇▇▇▇▇ shall reduce any grievance meeting if to writing, on the grievance has been filed by an form attached as Appendix B to this Agreement, and present it to the employee.
b’s immediate supervisor within ten (10) If no agreement is reached in work days of the above grievance meeting, event-giving rise to the grievance shall be reduced to writing and submitted to the Director or of the Department within date on which the employee or Union knew or should have known about the grievance. Within seven (7) calendar work days from the date of receipt of the grievance the supervisor, the Union ▇▇▇▇▇▇▇, and the employee will meet. The supervisor will issue a written answer to the grievance within five (5) work days following the meeting with to both the immediate supervisoraggrieved employee and the Union ▇▇▇▇▇▇▇. Nothing in this section shall preclude the Union Business Agent from participating, if notified by the Union ▇▇▇▇▇▇▇ and available at the scheduled time for meeting, but the supervisor shall not be obligated to notify the Union Business Agent of the meeting or to postpone the meeting to enable the Union Business Agent to attend.
c) The Director Step 2 If the matter is not resolved to the satisfaction of the Department or his/her designee shall study grievant and the Union at Step 1, the grievant may submit the grievance and respond in writing to the Superintendent or designee within five (5) work days following receipt of the Step 1 response. Within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar work 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decisiongrievance the Superintendent or designee, the Union representative, and the employee will meet. The written request shall Union representative may be directed the Union Business Agent as long as the Agent is available at the scheduled time of the meeting or is willing to extend grievance timelines at Step 2 as necessary to enable rescheduling of the meeting. The Superintendent can ask for agreed upon extension of the grievance timelines at Step 2. The Union Business Agent may choose, however, to send a designee (i.e., ▇▇▇▇▇▇▇) to the Director of Labor meeting instead. The Superintendent or designee will issue a written answer to the grievance within ten (10) work days following the meeting to both the aggrieved employee and Employees Relations – Staff Human Resourcesthe Union representative.
gStep 3 If the matter is not resolved to the satisfaction of the grievant and the Union at Step 2, the parties may agree to submit the grievance to Federal Mediation and Conciliation Services (FMCS) The foregoing time limits may be extended by mutual written agreement between mediation within ten (10) work days following receipt of the appropriate partiesStep 2 response. The time limits for parties should attempt to agree on a grievance shall toll for FMCS mediator. In the duration event there is no agreement, the Union will request that FMCS appoint a mediator.
Step 4 If the matter is not resolved to the satisfaction of a leave the grievant and the Union at Step 2 (or Step 3 if the parties agree to mediation), the Union may advance the dispute to arbitration by serving upon the Board written notice of absence the intent to submit the matter to arbitration within fifteen (15) work days following receipt of the Step 2 response or layoffthe date of mediation, whichever is applicable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or All time limitations in this grievance procedure shall exclude Saturdays, Sundays and holidays and may be extended by mutual agreement of the union representative involved City and the Union. Reference to "days" hereinafter shall discuss mean calendar days. In the event the employer does not respond within the time limits set forth, the Union may appeal the grievance to the next step.
Step 1. A fire fighter, with or without a representative of the immediate supervisorUnion, who has a grievance, shall orally present his/her grievance to an Assistant Fire Chief within five (5) days of the occurrence of the alleged grievance. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if Assistant Fire Chief shall respond to the grievance has been filed by an employeefire fighter within three (3) days of the oral grievance.
b) If no agreement is reached in the above grievance meeting, the Step 2. The grievance shall be reduced considered resolved unless within five (5) days of the receipt of the response at Step 2, the fire fighter and/or his/her authorized Union representative submit a written appeal to the Fire Chief or his/her authorized representative through the Assistant Fire Chief. The Fire Chief or his/her authorized representative shall respond in writing to the grievant within five (5) days of the receipt of the grievance.
Step 3. The grievance shall be considered resolved unless within five (5) days of the receipt of the response at Step 2, the fire fighter and/or his/her authorized Union representative submits a written appeal to the City Manager. The City Manager shall hold a hearing within five (5) days of the receipt of the appeal. The fire fighter, the Union and the Fire Chief shall have the right to be present and to set forth information to assist the City Manager in reaching a decision on the grievance. Said decision shall be issued within five (5) days following the completion of the hearing.
(1) Any grievance that has been processed in accordance with provisions of this Section of this contract, but not satisfactorily settled shall, upon proper appeal, be submitted to the Director arbitration before an impartial arbitrator to be selected by mutual agreement of the Department parties. If, at any time within seven twenty (720) calendar days (or longer period if mutually agreed upon) after receipt of such written appeal, the parties are unable to agree upon an arbitrator, the Iowa Public Employment Relations Board shall be requested to submit the names of five (5) disinterested persons qualified and willing to act as impartial arbitrators. From such list, the City and the Union shall each alternately strike one name until four (4) names have been eliminated and the person whose name remains on the list shall be selected to act as the impartial arbitrator. A coin toss shall determine who shall strike the first name. In order to be considered timely, a hearing regarding a grievance which is appealed to arbitration must be scheduled no later than sixty (60) days from the date of that the grievance meeting with the immediate supervisorwas appealed to arbitration.
c(2) The Director of the Department or arbitrator shall submit his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 grievancedecision, in writing, within seven thirty (730) calendar days after receipt the conclusion of the appeal if no hearing is conductedhearing, or within fourteen (14) calendar days from hearings, as the close of any hearing which is conducted by the Campus Chancellorcase may be, or his designee.
f) If the grievant or the Union wishes to appeal from and the decision of the Campus Chancellorarbitrator so rendered shall be final and binding upon the fire fighter involved and upon the parties to this contract. Where a dispute relates to the scale of wages or benefits in any way, any decision rendered shall not be retroactive more than twenty-four (24) days beyond the date on which the dispute was first presented as a grievance in writing. The fees of the arbitrator and expense of arbitration shall be borne in equal shares by the City and the Union. Each party shall be responsible for expenses they incur in the presentation of their case.
18.01
19.01 The arbitrator shall neither add to nor detract from nor modify the language of this Agreement in arriving at a determination of any issue that is presented that is proper for arbitration within the limitations expressed herein. The arbitrator shall have no authority to change wage rates or salaries. The arbitrator shall expressly confine the decision to the precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted or to submit observations or declarations of opinion, which are not directly essential in reaching the determination of issue submitted for decision. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the effective date, and no arbitration determination, or his/her designee, it award shall request mandatory arbitration, in writing, within seven (7) calendar days from be made by an arbitrator which grants any right or relief for any period of time whatsoever prior to the effective date of receipt this Agreement or following the termination of the decisionthis Agreement. The written request above shall be directed not apply to arbitration in process at the Director termination of Labor and Employees Relations – Staff Human Resourcesthis Agreement.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or Grievances shall be presented and adjusted according to the union representative involved shall following procedure: Any employee with a grievance as defined herein may informally discuss the grievance matter directly or accompanied by a Union representative with the immediate supervisorappropriate member of the administration.
Step 1. The Union ▇▇▇▇▇▇▇ In the event the matter is not resolved informally, a written grievance may attend this grievance meeting be filed with the Director of Transportation within five (5) workdays1 following the day the grievant learned or reasonably should have known about the violation, misapplication or misinterpretation, which is the basis of the grievance.
a. Within five (5) workdays after receipt of the written grievance, 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 grievance has been filed by an employee.
b) If no agreement is reached in employee or the above grievance meetingUnion still feels aggrieved, the grievance shall be reduced to writing and submitted he/she may appeal to the Director of Human Resources. The appeal must be in writing and must include a statement of the Department within seven grievance and the reply of the Director of Transportation.
a. Within five (75) calendar 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 Director of Human Resources, if the employee or the Union still feels aggrieved, he/she may appeal to the Superintendent. The appeal must be in writing and must include a statement of the grievance and the Director of Resources reply.
a. Within thirty (30) workdays after receiving an appeal, the Superintendent shall hold a hearing or meeting concerning the grievance, which the Union may attend, if they choose. Within ten (10) days from the date of the grievance meeting with hearing or meeting, the immediate supervisor.
c) The Director of the Department or Superintendent shall communicate his/her designee shall study decision, in writing, together with the supporting reasons, to the Union and the aggrieved party.
Step 4. If the Superintendent and the Union are unable to resolve any grievance, the grievance and respond in writing may be submitted to arbitration within seven (7twenty-(20) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from work days after the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or dueSuperintendent. The appeal grievance shall be considered submitted to be directed arbitration when written notice is submitted 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 District by the Union or grievant. The Campus Chancellor, or his/her designee, shall issue informing the Campus Decision on Superintendent of the Union’s intent to arbitrate the grievance, in writing, within seven (7) calendar days after receipt . AFSCME Council 25 Arbitration Department shall send a list of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed Ad-Hoc arbitrators to the Director of Labor and Employees Relations – Staff Human ResourcesDistrict to see if the parties can mutually accept an Arbitrator.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. aThe parties agree that it is desirable for problems to be resolved between the employee and his/her immediate supervisor, and nothing herein shall prevent an employee from taking up any claimed grievance with his/her immediate supervisor before formal filing of said grievance. The following procedure must be utilized to process a grievance. (Grievants and administrators are encouraged to use the appropriate grievance forms as set forth in Appendix 8.)
A. Step One: Within thirty (30) The employee(s) and/or days of the union representative involved shall discuss date an alleged grievance is discovered or reasonably should have been discovered, the grievant must present the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of immediately involved administrator with a copy provided to the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department Superintendent or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or duerepresentative. The appeal shall administrator will arrange for a meeting to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
etake place within ten (10) 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or grievance. Said administrator shall provide the grievant and the association with a written answer to the grievance together with the reasons for the decision within fourteen ten (1410) calendar days from after the close of any hearing which is conducted by the Campus Chancellor, or his designeemeeting.
f) B. Step Two: If the grievant or grievance is not settled at Step One, then the Union wishes grievance may be referred in writing to appeal from the decision of the Campus Chancellor, Superintendent or his/her designee, it shall request mandatory arbitration, in writing, representative within seven ten (710) calendar days from date of after the grievant's receipt of the decisionadministrator's answer at Step One. The written grievance shall give a clear and concise statement of the alleged grievance, including the facts on which the grievance is based, reference to the specific terms of the Agreement which have been violated, the issues involved and the relief sought. The Superintendent or his/her representative shall arrange for a hearing with the grievant to take place within ten (10) days of his/her receipt of the grievance. The parties shall have the right to include in the hearing such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Each party shall pay for its witnesses. Upon conclusion of the hearing, the Superintendent or his/her representative will have ten (10) days to provide his/her written decision, together with the reasons for the decision to the Association and grievant.
C. Step Three: If the grievance is not settled at Step Two, the grievant may, within ten (10) days after receipt of the District's Step Two response to the grievance, request in writing that the Association submit his/her grievance to arbitration. The Association may by written notice to the Superintendent, within ten (10) days after receipt of the request from the aggrieved person, submit the grievance to binding arbitration. Arbitration shall be directed to conducted in accordance with the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.provisions which follow:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the union employee, a CWA representative involved shall discuss may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance with the immediate supervisorprocedure. The Union ▇▇▇▇▇▇▇ may attend this If such informal discussions do not lead to a satisfactory resolution of a grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingas defined herein, the grievance shall be reduced to writing and submitted processed according to the Director of following procedure.
(1) If the Department within seven (7) calendar days from the date employee or CWA is unable to resolve a grievance informally, a written statement of the grievance meeting with shall be prepared, signed by the immediate supervisor.
cGrievant and delivered to the aggrieved employee's Appointing Authority or designee within thirty (30) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed first event giving rise to the Labor grievance or within thirty (30) days after the employee or 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 CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and Employee Relations Section of Staff Human Resources, as the Chancellor’s designeespecific relief requested.
e(2) The Campus ChancellorAfter the written grievance is submitted, the Appointing Authority or his/her designee, designee shall fully investigate meet with 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, grievant within seven ten (710) calendar business days after receipt of the appeal if no hearing is conductedgrievance. A CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within fourteen ten (1410) calendar business days from after the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) hearing. If the grievance is not satisfactorily resolved at the First Step, the grievant or and/or the Union wishes to appeal from may submit the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, grievance in writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed writing to the Director of Labor and Employees Relations – Staff Human ResourcesResources or designee, within ten (10) days after receipt of the City's First Step answer, or within ten (10) days of when the First Step answer was due, whichever occurs first.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or If a decision is not returned to the union representative involved shall discuss employee within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance with to the immediate supervisorCounty representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the grievance\appeal is not filed within the time limits, the grievance\appeal shall be considered resolved.
Step 1. The grievance shall be filed by the Union, employee, or Union ▇▇▇▇▇▇▇ may attend this grievance meeting if with their second level supervisor within fifteen (15) working days of the occurrence which gave rise to the grievance has or when the employee or Union should have reasonably had first knowledge of the grievance. Such grievance shall be filed on a standard County grievance form, shall set forth the specific contract provisions alleged to have been filed by an violated and include the proposed remedy. Within ten (10) working days of receipt of the written grievance, the second level supervisor shall meet with the employee.
b. Within five (5) If no agreement is reached in working days thereafter, a written decision shall be given to the above grievance meeting, employee or the grievance shall be reduced to writing and submitted deemed denied.
Step 2. If a grievance is not settled at Step 1, it may be presented to the Director Prosecuting Attorney or designee by delivering a copy of the Department materials for the Prosecuting Attorney’s consideration to the Chief of Staff and Human Resources Manager. The grievance shall be submitted within seven fifteen (715) calendar working days after receipt of the decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall be written on a standard
Step 3. If the grievance is not resolved at Step 2, an arbitration request may be submitted by the Union designee. Only signatories to this Agreement may advance a grievance to arbitration. A request for arbitration shall be presented in writing to the County Executive or Prosecuting Attorney within twenty (20) working days from the date the decision was rendered at Step 2, or thirty (30) working days from the date of the grievance meeting with Step 2 meeting, whichever is earlier. As soon as practicable thereafter, or as otherwise agreed to by the immediate supervisor.
c) The Director parties, an arbitrator shall hear the grievance. In the event the parties cannot agree on the selection of an arbitrator, the Department or his/her designee parties shall study the grievance and respond in writing within seven (7) calendar days. This response request a list from the Director American Arbitration Association or his/her designee will some other agreed upon source. The agreed upon source shall submit a list of eleven (11) arbitrators from which a selection shall be the final position of the Department.made by alternately striking one
d(1) If the grievant or the Union wishes to appeal name from the list until only one (1) name shall remain. The decision of the Department, it arbitrator shall do so in writing within fourteen be rendered as expeditiously as possible (14but no later than thirty (30) 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of record) and shall be final and binding upon both parties. Any decision rendered shall be within the scope of this Agreement and shall not add to or subtract from 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, within seven (7) calendar days from date terms of receipt of the decisionthis Agreement. The written request arbitrator shall be directed confine themself to the Director of Labor precise issue(s) submitted for arbitration and Employees Relations – Staff Human Resources.
g) shall have no authority to determine other issues not submitted. The foregoing time limits set forth above may be extended by mutual written agreement between of the appropriate parties. The time limits for a grievance shall toll for Employer and the duration of a leave of absence or layoffUnion.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) 7-9 The employee(s) and/or 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 involved shall discuss should promptly notify their immediate supervisor (in writing), of a grievance. If the grievance aggrieved employee wishes, the employee may refrain from discussing it with the their immediate supervisor. The Union supervisor at that time and may have their ▇▇▇▇▇▇▇ may attend this grievance meeting 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 supervisor’s next common, regular working hours following the request for the ▇▇▇▇▇▇▇, or at any other time if mutually convenient. Before the joint oral presentation of the grievance, the ▇▇▇▇▇▇▇, at the ▇▇▇▇▇▇▇’▇ request, shall have the opportunity to discuss the grievance has been filed with the employee for a reasonable period of time at a place provided by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c7-11 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) The Director working days following the day of the Department or his/her designee shall study oral presentation, the employee may forward the grievance and respond in writing to the department head (or equivalent level of supervisor), or a designated representative, for written answer, provided the employee submits it within seven the fifteen (715) calendar days. This response from day period following the Director or his/her designee will be day on which the final position employee had knowledge of the Departmentfacts giving rise to the employee’s grievance.
d) If 7-12 The grievance shall be dated and signed by the grievant or aggrieved employee and the Union wishes to appeal from employee’s ▇▇▇▇▇▇▇ and shall set forth the decision facts, including dates, and provisions of the DepartmentAgreement 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 do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed dated and a copy returned to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.aggrieved employee. STEP TWO (Department Head)
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 seven (7) calendar days after -14 Upon receipt of the appeal if no hearing is conductedwritten 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 fourteen the next three (143) 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) calendar days from day period following the close of any hearing which is conducted by day the Campus Chancellorwritten grievance was submitted at Step Two, or his designee.
f) If following the grievant hearing, whichever time is later, COAM or the Union wishes to appeal from the decision a ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ or a representative of the Campus Chancellorlocal Union may submit the written grievance to University Human Resources for written answer, or his/her designee, provided it shall request mandatory arbitration, in writing, is submitted within seven the fifteen (715) calendar days from date day period following the 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 decision▇▇▇ Arbor Campus)
7-17 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) 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 appeal face-to-face to the Executive Director for written answer, provided it is submitted within the fifteen (15) calendar day period following the day of receipt of an unsatisfactory answer at Step Two. The written request shall be directed Executive Director will provide a response to the Director appeal within 10 working days. STEP THREE (University Review Committee)
7-18 Upon receipt of Labor the written grievance, the University Review Committee shall set a place and Employees Relations – Staff Human Resources.
gtime during working hours, or outside of working hours if mutually convenient, within the next fifteen (15) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits calendar day period for a hearing of the grievance shall toll for with the duration employee, the ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ and/or a representative of the local Union and/or a leave representative of absence or layoffCOAM.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or 1. Failure at any step of this procedure to communicate the union representative involved decision on a grievance within the specified time limits shall discuss permit the aggrieved member to proceed to the next step. Failure at any step of this procedure to appeal a grievance with to the immediate supervisornext step within the specified time limits shall be deemed to be an acceptance of the decision rendered at that step. It is understood that members shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.
2. The Union ▇▇▇▇▇▇▇ may attend this process a grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date through all levels of the grievance meeting procedure even though the aggrieved person does not wish to do so.
3. Any member who has a grievance shall discuss it with the immediate supervisor.
c) The Director appropriate supervisor in charge of the Department or his/her designee department in an attempt to resolve the matter informally at that level.
4. If, as a result of the discussion with the appropriate Supervisor the matter is not resolved to the satisfaction of the employee within five (5) working days, he/she shall study set forth his/her grievance in writing to the grievance appropriate Supervisor specifying:
a. The nature of the grievance
b. The nature and respond extent of the injury, loss or inconvenience
c. The results of previous discussion
d. His/her dissatisfaction with decisions previously rendered The appropriate Supervisor shall communicate his/her decision to the employee in writing within seven three (73) calendar days. This response from the Director or his/her designee will be the final position working days of receipt of the Departmentwritten grievance.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due5. The appeal shall to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
eemployee not later than five (5) 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 seven (7) calendar working days after receipt of the appropriate Supervisor’s decision, may appeal the decision to the appropriate Assistant Superintendent. The appeal to the appropriate Assistant Superintendent must be made in writing reciting the matter submitted to the appropriate Supervisor, as specified above, and his/her dissatisfaction with the decision previously rendered. A hearing shall be held at this level before the Assistant Superintendent as requested by the grievant. The Union shall be notified of such hearing and shall be permitted to have a representative present if the Union so desires. This hearing will occur before a decision at this level is rendered. The Assistant Superintendent shall attempt to resolve the matter as quickly as possible but within a period not to exceed ten (10) working days. The Assistant Superintendent shall communicate his/her decision in writing to the employee and the appropriate Supervisor.
6. If the grievance is not resolved to the employee’s satisfaction, he/she, no hearing is conductedlater than five (5) working days after receipt of the Assistant Superintendent’s decision, or may request a review by the Superintendent of Schools. The request shall be submitted in writing to the Superintendent of Schools with all related papers. The Superintendent shall render a decision in writing within fourteen thirty (1430) calendar days from of receipt of the close grievance. If the grievance is not resolved to the employee’s satisfaction, he/she, no later than ten (10) working days of any hearing which is conducted receipt of the Superintendent’s decision, may request in writing, through the Superintendent of Schools, review of the matter by the Campus ChancellorBoard of Education. The Board, or his designee.
fa Committee thereof, shall review the grievance and may hold a hearing with the employee. The Board shall render a decision in writing within thirty (30) calendar days of receipt of the grievance by the Board. If the grievant or the Union wishes to appeal from the decision of the Campus ChancellorBoard does not resolve the grievance to the satisfaction of the Union, or his/her designeeand the Union wishes review by a third party, it the Union shall request mandatory arbitration, in writing, so notify the Board through the Superintendent within seven ten (710) calendar working days from date of receipt of the Board’s decision, except in any case involving any of the following issues which may not be submitted to arbitration:
a. Any matter for which a method of review is prescribed by law or any rule or regulation of the State Commissioner of Education such as, but not limited to, questions on tenure, increment denial, or suspension.
b. A complaint by any employee occasioned by appointment to or lack of appointment to, retention in or lack of retention in, any position for which tenure is either not possible or not required.
c. Any matter which, according to law, is either beyond the scope of Board authority or limited to action by the Board alone, except as limited by Chapter 123, Public Law 1974, New Jersey Employer Relations Act.
d. A complaint by an employee occasioned by the withholding of a salary increase or increment as a result of evaluative procedure.
7. The written following procedure will be used to secure the services of an arbitrator:
a. A request will be made by either the Union or the Board to the American Arbitration Association or to the Public Employment Relations Commission for a roster of persons qualified to function as arbitrators in the dispute in question. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the American Arbitration Association or the Public Employment Relations Commission to submit a second roster of names.
b. The arbitrator shall limit him/herself to the issues submitted to him/her and shall consider nothing else. He/she can add nothing to, nor subtract anything from the Agreement between the parties or any policy of the Board of Education. The decision of the arbitrator shall be directed final and binding upon both parties. Only the Board and the aggrieved and his/her representative shall be given copies of the arbitrator’s award. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator’s hearings.
c. An aggrieved person may be represented at all stages of the grievance procedure by him/herself, or, at his/her option by a representative selected or approved by the Union. All documents, communications and records shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. When an employee is not represented by the Union in the processing of a grievance, the Union shall, at the time of the submission of the grievance to the Director Assistant Superintendent or any later level, be notified that the grievance is in process and have the right to be present and present its position in writing at all hearing sessions held concerning the grievance, and shall receive a copy of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may all decisions rendered. A copy of the Assistant Superintendent’s written decision made in response to a written grievance shall be extended by mutual written agreement between given to the appropriate partiesUnion. The time limits Board and the Union shall assure the individual freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to his/her personal grievances. The parties shall be responsible for a grievance all costs incurred by each, and only the fee and expenses, if any, of the arbitrator shall toll for the duration of a leave of absence or layoffbe shared by each party paying one half (1/2).
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or Should a dispute arise between the union representative involved 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 discuss the be considered a grievance with the immediate supervisor. The Union and an ▇▇▇▇▇▇▇ may attend this grievance meeting if effort shall be made to settle the grievance has been filed by an employee.
b) If no agreement is reached dispute in the above grievance meetingfollowing manner: An employee may, the grievance shall be reduced to writing and submitted subject to the Director of time limits in (c) below, initiate a grievance as follows:
(a) Step 1 - Informal Step - Subject to the Department within seven time limits in (7c) calendar days from below, in the date first step of the grievance meeting procedure, 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 - First Formal Step - Subject to the time limits in (c) The Director below, an employee may present a grievance at this level by: • Recording the grievance on the appropriate grievance form, setting out the nature of the Department or his/her designee shall study the grievance and respond in writing within seven (7the circumstances from which it arose; • Stating the article(s) calendar days. This response from the Director or his/her designee will be the final position clause(s) of the Department.
d) If agreement infringed upon or alleged to have been violated and the grievant remedy or correction required; and • Transmitting the Union wishes grievance to appeal from the decision next level of management through the union ▇▇▇▇▇▇▇. Time Limits to Present at Step 2 - An employee may initiate the written grievance at Step 2 of the Department, it shall do so in writing within fourteen (14) calendar grievance procedure not later than 30 days after the Department's decision is received date: • On which he/she was notified orally 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, action or within fourteen (14) calendar days from circumstances giving rise to the close of any hearing grievance; • On which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or the Union wishes to appeal from the decision he/she first became aware of the Campus Chancellor, action or his/her designee, it circumstances giving rise to the grievance. Time Limit to Reply at Step 2 The Employer’s Step 2 designate shall request mandatory arbitration, reply in writing, writing to the ▇▇▇▇▇▇▇ (with a copy to the grievor and the staff representative) within seven (7) calendar 21 days from date of receipt of the decisiongrievance at Step 2.
(c) 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 Manager or Director to 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 Reply at Step 3 The employer designate will respond in writing to the staff 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 written request shall be directed Union will encourage the aggrieved employee to attend the Director of Labor Step 2 and Employees Relations – Staff Human ResourcesStep 3 meeting.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. a) The employee(s) and/or A. A Grievance shall be processed on the union representative involved Grievance Report Form, which is provided as Appendix A. All persons receiving written Grievance documents shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employeeacknowledge time of receipt.
b) If no agreement is reached in the above grievance meeting, the grievance B. A Claim or Grievance may be withdrawn at any level without establishing a precedent.
C. Hearings and conferences under this procedure shall be reduced conducted at a mutually agreeable time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to writing be present, to attend. When such hearings and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting conferences are held during school hours, all Bargaining Unit Employees whose presence is required shall be excused, with the immediate supervisorpay, for that purpose.
c) D. The Director failure of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant a Bargaining Unit Employee or the Union wishes to appeal from follow the prescribed time limits of this grievance procedure will render the grievance null and void. Failure by the District to give a decision of within the Department, it prescribed time limits shall do so in writing within fourteen (14) calendar days after cause the Department's decision is received or dueGrievance to proceed to the next Step. The appeal shall to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
etime limits set forth in Steps one (1) 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 seven through four (74) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request below shall be directed the maximum allowable to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time both parties. Time limits may be extended by mutual written agreement between agreement. Any grievance of a suspension without pay or discharge may be commenced at Step 3 below.
E. Any investigation or other handling or processing of a grievance by the appropriate partiesgrieving Bargaining Unit Employee or Bargaining Unit Employee Representative shall be conducted so as to result in no interference with or interruption of assigned work activities. The time limits for grieving Bargaining Unit Employee and/or Bargaining Unit Employee Representative may, with the express permission of his/her designated supervisor, be released from assigned work activities without loss of pay to investigate a grievance shall toll for grievance. In this regard, the duration of a leave of absence or layoffdesignated supervisor’s decision is final.
F. The Union reserves the right to appeal all grievances up to and including binding arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the union employee, a CWA representative involved shall discuss may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance with the immediate supervisorprocedure. The Union ▇▇▇▇▇▇▇ may attend this If such informal discussions do not lead to a satisfactory resolution of a grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingas defined herein, the grievance shall be reduced to writing and submitted processed according to the Director of following procedure.
(1) If the Department within seven (7) calendar days from the date employee or CWA is unable to resolve a grievance informally, a written statement of the grievance meeting with shall be prepared, signed by the immediate supervisor.
cGrievant and delivered to the aggrieved employee's Appointing Authority or designee within thirty (30) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed first event giving rise to the Labor grievance or within thirty (30) days after the employee or 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 CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and Employee Relations Section of Staff Human Resources, as the Chancellor’s designeespecific relief requested.
e(2) The Campus ChancellorAfter the written grievance is submitted, the Appointing Authority or his/her designee, designee shall fully investigate meet with 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, grievant within seven ten (710) calendar business days after receipt of the appeal if no hearing is conductedgrievance. A CWA representative will be allowed to attend the First Step hearing. By mutual agreement of the Department representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. The Appointing Authority or designee shall give a written answer to the President of the Union within fourteen ten (1410) calendar business days from after the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) hearing. Second Step: If the grievance is not satisfactorily resolved at the First Step, the grievant or and/or the Union wishes to appeal from may submit the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, grievance in writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed writing to the Director of Labor Human Resources or designee, within ten (10) days after receipt of the City's First Step answer, or within ten (10) days of when the First Step answer was due, whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of Human Resources or designee shall meet with the grievant and Employees Relations – Staff Human Resources.
gthe Union President or the Vice President, and/or a representative of CWA within ten (10) The foregoing time limits may be extended by mutual written agreement between business days after receipt of the appropriate partiesgrievance. The time limits for Director of Human Resources or designee, after consultation with the grievant's Appointing Authority or designee, shall give a grievance shall toll for written answer to the duration President of a leave of absence or layoffthe Union within ten (10) business days after the hearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) a. PRE-STEP: The employee(s) and/or the union representative involved grievant shall discuss make every effort to resolve a grievance informally.
b. STEP A: If the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached not satisfactorily resolved in the above grievance meetingPRE-STEP, the grievant may pursue his grievance shall be further, provided it is reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department Academic Vice President/▇▇▇▇ or his/her designee shall study the grievance and respond in writing designated representative within seven twenty-one (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1421) calendar days after of the Department's decision is received date when the aggrieved faculty member knew or duereasonably should have known of the act of occurrence giving rise to the grievance. The appeal written grievance shall to be directed to specify the Labor and Employee Relations Section exact nature 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 specific conduct or grievant. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on occurrence giving rise to the grievance, as well as the specific section or sections of the contract alleged to be violated. Failure to follow the specification provisions of this section will result in writingthe grievance being dismissed as “without merit.” The Academic Vice President/▇▇▇▇ or her designated representative will make written disposition of the grievance, said disposition to contain explanation for the disposition, copy to the grievant and the MFT, within twenty-one (21) calendar days of the receipt of said grievance. During this twenty-one (21) calendar day period, a meeting of the grievant shall be scheduled unless agreed to the contrary by all concerned. Failure of the parties to schedule such meeting will not waive the obligation for written disposition of the grievance by the Academic Vice President/▇▇▇▇ with twenty-one (21) calendar days unless mutually agreed to waive.
c. STEP B: In the event the matter is not satisfactorily resolved at Step A, the grievance may be appealed in writing by the grievant to the President within seven (7) calendar days after the disposition in Step A. The President or her designee shall, within twenty-one (21) calendar days of the receipt of the appeal if no hearing is conducted, or grievance schedule a meeting for discussion of said grievance. This meeting shall be scheduled within fourteen twenty-one (1421) calendar days from unless agreed to the close of any hearing which is conducted contrary by the Campus Chancellorall concerned. Within seven (7) calendar days following said meeting, 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, within seven (7) calendar days from date following an agreement by all concerned to waive said meeting, the decision of the President shall be communicated in writing to the aggrieved faculty member and the MFT.
d. STEP C: For those grievances subject to arbitration, if the grievance is not suitably resolved at Step B, the MFT may, within twenty-one (21) calendar days after receipt of the written decision, submit the matter to the American Arbitration Association (AAA) for binding arbitration under that Association’s rules. The written request decision of the arbitrator shall be directed final and binding upon the parties. The authority of the arbitrator shall be limited to interpretation or application of specific provisions of the Director Agreement and to grievances, as set forth in Section 1 of Labor the Article, processed through the grievance procedure. The arbitrator shall have no authority to alter, amend, or modify this Agreement, either directly or by implication. Binding arbitration is reserved for tenured and Employees Relations – Staff Human Resources.
g) 5-year term contract faculty members only. The foregoing time limits at any step of this procedure may be extended by mutual written agreement between in writing by the appropriate parties. The time limits for a grievance shall toll for MFT and the duration of a leave of absence or layoffCollege.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a1. A grievance may be presented at the lowest possible level for discussion and informal resolution. If informal resolution does not take place at the lowest level then the next practical level of informal resolution shall be sought.
2. The time spent at seeking an informal resolution shall not be counted against the time limits, which are defined in Article 6, F.
1. In order to document that informal resolution is being sought either the company officer or shift commander must place an entry in their daily report. If informal resolution is being sought through the Deputy Chief of Chief, no such entry must be made in a daily report.
3. A claim which cannot be settled equitably through informal discussion may be submitted as a written grievance as follows:
Step 1 Any employee who feels aggrieved may present his/her type written or computer generated written grievance to his/her shift commander. Once the written grievance has been presented to the employee’s shift commander, the shift commander will within ten (10) The employee(s) and/or the union representative involved shall calendar days meet and discuss the grievance with the immediate supervisorgrievant and the Grievance Processor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
bWithin ten (10) If no agreement is reached in the above grievance calendar days after such a meeting, the shift commander shall answer the grievance shall be reduced to in writing and submitted to the Director Grievance Processor with a copy to the President of the Department Association, the grievant, the shift commander and the Chief of the Department.
Step 2 If the grievance is still unsettled, the grievance committee member, the aggrieved and the President of the Association, or his/her designated representative may, within seven ten (710) calendar days from days, after the date of shift commander’s response is due, appeal it to the grievance meeting with the immediate supervisor.
c) The Director Chief of the Department or his/her designee shall study designated representative. The Chief of the grievance and respond in writing Department will within seven ten (710) calendar days, meet and discuss the grievance with the Grievance Processor, the grievant and the President of the Association. This response from Within ten (10) calendar days after such meeting, the Chief of the department shall answer the grievance in writing to the President of the Association, with a copy to the grievant and the Grievance Processor.
Step 3 If the grievance is still unsettled, the President of the Association may appeal the grievance to the Director of Personnel within ten (10) calendar days of receipt of the Department Chief’s answer. The Director of Personnel or his/her designee will be designated representative, shall within ten (10) calendar days of such appeal meet with the final position grievance committee member, the aggrieved and the President of the DepartmentAssociation or his/her designated representative. The Director of Personnel shall give his/her written, dated and signed disposition of the grievance within ten (10) calendar days after such a meeting to the President of the Association.
d) Step 4 If after receiving the grievant or grievance, the Union wishes to appeal from Association feels the decision of the Departmentdisposition is still not satisfactory, it shall do so in writing may within fourteen thirty (1430) calendar days after the Department's decision answer is received or due, and by written notice to the other party, request arbitration. Within ten (10) days following the notice of arbitration, both parties will attempt to select an Arbitrator on an Ad Hoc basis. In the event the parties cannot agree upon an Arbitrator, within ten (10) days, the Association will make a request to the American Arbitration Association. The appeal shall parties will be bound by the rules and procedures of the American Arbitration Association in the selection of the Arbitrator. Parties may mutually agree to be directed to utilize MERC in lieu of the Labor American Arbitration Association on a case‐by‐case basis. The Arbitrator so selected under either procedure will hear the matter promptly and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
e) The Campus Chancellor, or will issue his/her designee, shall fully investigate decision no later than thirty (30) days from the grievance, including conducting a hearing if so requested by date of the Union or grievantclose of the hearings. The Campus Chancellor, or Arbitrator’s decision will be in writing and will set forth his/her designeefindings of facts, shall issue the Campus Decision reasoning and conclusion on the grievance, in writing, within seven (7) calendar days after receipt issue submitted. The power of the appeal if no hearing is conducted, or within fourteen (14) calendar days Arbitrator stems from the 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 this Agreement and his/her designeefunction is to interpret and apply this Agreement and to pass upon alleged violations thereof. The Arbitrator shall have no power to add to, subtract from, or modify any terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the Arbitrator shall determine if the discharge or discipline was for just cause; and he/she may review the penalty imposed and if he/she shall determine it to be inappropriate and /or unduly severe, he/she may modify it accordingly. The Arbitrator shall request mandatory arbitrationhave the authority in cases concerning discharge, in writingdiscipline and /or other matters, within seven (7) calendar days from date if he/she shall so determine, to order the payment of receipt back wages and compensation for an employee, which the employee would otherwise have received. The Arbitrator’s award shall be final and binding on the parties and affected employees. The above grievance procedure shall be exclusive of the decision. The written request procedures of Act 78, P.A. 1935, as amended, and the employee or Union acting on behalf of the employee or employees, shall be directed not utilize Act 78 procedures after proceeding through the above grievance procedures to the Director of Labor and Employees Relations – Staff Human Resourcesarbitration.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 3.14, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance in writing to the date employee’s immediate supervisor as designated by the EMPLOYER. The Supervisor will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee AGREEMENT allegedly violated, the remedy requested and shall study the grievance and respond in writing be appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the Department's decision is received or dueSupervisor’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived.
Step 2 If appealed, the written grievance shall be presented by the UNION and discussed with the Department Head. The appeal Department Head shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as UNION 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, EMPLOYER’S Step 2 answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted Department Head’s final Step 2 answer. Any grievance not appealed in writing to Step 3 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, UNION within seven ten (710) calendar days from date of shall be considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with the City Manager. The City Manager shall give the UNION the EMPLOYER’S answer in writing with ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the decisionCity Manager’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) 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 subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The written request selection of an arbitrator shall be directed to made in accordance with the Director “Rules Governing the Arbitration of Labor and Employees Grievances” as established by the Public Employment Relations – Staff Human ResourcesBoard. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute 626.892.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Master Labor Agreement, Master Labor Agreement
Procedure. a) The employee(s) and/or Department and the union representative involved shall discuss Union agree it is desirable to resolve problems and issues informally. A different supervisor or manager will handle each successive step of the grievance procedure. In the event a problem relating to provisions of this Agreement cannot be resolved informally, grievances shall be processed in the following manner:
Step 1 If the attempt to resolve the problem informally is unsuccessful, the employee or the Union shall submit the grievance in writing to their immediate supervisor within thirty (30) days of the occurrence thereof, or of the employee's knowledge thereof. The written notice shall include the facts upon which the grievance is based, the provision of the contract alleged to have been violated, and the remedy sought. The supervisor shall respond to the grievance in writing with a copy to the Union as quickly as possible, but no later than ten (10) days after the grievance is first discussed.
Step 2 If after ten (10) days from receipt of the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if 's reply the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingremains unresolved, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date Union may submit written notice along with all pertinent written information including a statement of the grievance and relevant facts, specific provision(s) of the contract allegedly violated, and remedy sought to the Division Manager, or their designee. A meeting with the immediate supervisor.
cemployee, the Union representative, and the management representative will be scheduled within five (5) The Director days of the Department or his/her designee shall study receipt of written notice to review the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position facts of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or duegrievance. 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 ChancellorDivision Manager, or his/her designee, shall fully investigate respond to the Union in writing with a copy to the employee within ten (10) days of the meeting.
Step 3 If the grievance is not resolved, within ten (10) days following the response at Step 2, the grievance, including conducting along with all pertinent written information, may be submitted to the Chief with a hearing if so requested by copy to Human Resources. The Chief or their designee shall meet with the Union representative, and a Human Resources Manager, or grievanttheir designee within fifteen (15) days of receipt of the grievance. The Campus Chancellor, Chief or his/her their designee, shall issue render a decision within ten (10) calendar days after the Campus Decision on close of the meeting.
Step 4 If the Chief’s decision does not resolve the grievance, in writingthe Union may submit the grievance to an arbitrator within ten (10) calendar days following the Step 3 response, according to the following prescribed manner:
i. A list of seven (7) members of the American Arbitration Association shall be requested from the State Conciliator. The parties will meet within seven (7) calendar days after receipt of receiving the list and will alternately strike one (1) name from the list until only one (1) is left. A flip of the appeal coin will determine which side will strike the first name. The one remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name.
ii. The arbitrator shall render a decision within thirty (30) days. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. They shall have no hearing is conductedauthority to alter, modify, vacate, or within fourteen (14) calendar days from amend any terms of this Agreement, to substitute his/her judgment for that of the close of Department in any hearing instance where the Department is exercising its operational prerogatives or its prerogatives under this Agreement, or to decide on any condition which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or the Union wishes to appeal from the not specifically treated in this Agreement. The decision of the Campus Chancellorarbitrator shall be binding on both parties. Neither of the parties shall submit any new factual information or evidence in arbitration that was not presented previously in the administrative proceedings. If prior to the arbitration hearing, either of the parties discovers new evidence not previously discussed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated.
iii. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, the court reporter, or his/her designeestenographer, it shall request mandatory arbitrationif requested by the arbitrator, in writing, within seven (7) calendar days from date of receipt and transcripts of the decision. The written request hearing furnished to the arbitrator, shall be directed shared equally by the parties. Each party shall be responsible for all costs of presenting its position to the Director of Labor arbitrator. All meetings and Employees Relations – Staff Human Resourceshearings under this provision shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to ensure confidentiality to the employee.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) Informal Discussion(s): Whenever possible, an affected employee and/or the union representative involved Association and the administrator whose actions prompted the perceived contract violation, shall discuss the grievance meet to resolve problems through free and informal communication. A grievant shall first take up a complaint or problem with the grievant’s immediate supervisor, department head, or, with the human resources administrator in informal discussion(s). The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if grievant must attempt to schedule the grievance has been filed by an employee.
bfirst informal discussion within twenty (20) If no agreement is reached in work days of becoming aware of the above grievance meeting, the grievance alleged violation. Every effort shall be reduced made to writing and submitted resolve the complaint or problem at this level. If the employee is not satisfied with the informal discussion(s) relative to the Director of matter in question, he/she may proceed to the Department within seven (7) calendar days from the date of the formal grievance meeting with the immediate supervisor.
c) The Director of the Department or procedure Step 1. An employee may institute a grievance on his/her designee own recognizance or may request the assistance of the Association. Should the employee choose to file a grievance without the intervention of the Association, the Association shall study be afforded the opportunity to be part of the meeting(s) in which the adjustment is made. The adjustment shall not be in conflict with this Agreement. The proper procedure for pursuing adjudication of alleged grievance is as follows:
1. Within twenty (20) work days of the time the employee demonstrably knew or should have known of the alleged violation, the aggrieved will notify the appropriate supervisor of a desire to discuss a grievance and respond in writing within seven also state the fact that this action possibly constitutes a grievance. If there is a question as to the appropriate supervisor, Human Resources will make a determination.
2. Within ten (710) calendar dayswork days of notification of the alleged grievance, the appropriate supervisor will meet with the employee, either directly or accompanied by another person designated by the employee, and discuss the grievance. This response from Within fifteen (15) work days after the Director or discussion of the grievance, the supervisor shall give his/her designee will be response to the final position of the Departmentaggrieved.
d) 10.3.1 Step 1:
1. If the grievant or is not satisfied with the Union wishes to appeal from resolution, the decision of the Department, it shall 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 writinggrievant may, within seven ten (710) calendar work days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decisionresponse, submit District’s “Classified Grievance Claim” form containing (1) the facts on which the grievance is based; (2) a reference to provisions of this Agreement or District Policy or Rule allegedly violated; (3) the remedy sought.
2. Within ten (10) work days of receipt of the form, the appropriate supervisor shall submit a written response to theaggrieved.
10.3.2 Step 2:
1. If the grievant is not satisfied with the resolution at Step 1, the grievant may, within ten (10) work days of receipt of the written response in Step 1, submit the grievance to the Office of the Superintendent.
2. Within ten (10) work days of receipt of the grievance, the Office of the Superintendent or designee shall conduct a hearing to investigate and review the grievance. Both the grievant and the Association shall be notified of the date, time, and place of the hearing. The written request employee shall be directed entitled to Association representation at the Director of Labor hearing. Within ten (10) work days after the hearing, the Superintendent or designee shall provide the grievant with a written answer and Employees Relations – Staff Human Resourcesexplanation thereof, based on the data gathered at that hearing.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. For the purpose of this Article, an “informal discussion between the parties” may be satisfied by a discussion between the employee and the 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 be initiated at Step 2, shall be as follows:
(a) In the event of a grievance arising, the grievance specifying the offended Article and the remedy sought shall be presented in writing, within thirty (30) working days of the event giving rise to the grievance, to the Principal and a copy presented to the Human Resources Manager on the same day or as soon as practicable.
(b) The employee(s) and/or employee concerned, a representative of SEIU -West, and if the union representative involved employee desires, a member of the local bargaining unit shall meet with the Principal and the Director of Education or designate to discuss the grievance with within ten (10) working days of its receipt by the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employeeHuman Resources Manager.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director 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 the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Departmentsuch discussion.
(d) If the grievant or the Union wishes The parties may agree to appeal from the decision of the Department, it shall 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 designeea single arbitrator.
e(a) The Campus ChancellorFailing agreement under Step 1, or his/her designee, shall fully investigate the grievance, including conducting a written application for a hearing if so requested may be made by the Union or grievantthrough 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 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.
(c) The Campus Chancellor, or his/her designee, Employer shall issue the Campus Decision on the grievancesend its decision, in writing, to the employee, with a copy to the Union, within seven ten (710) calendar working days after of the hearing.
(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 appeal if no hearing is conducted, or within fourteen Employer’s decision at Step 2.
(14b) calendar days from the close The Board of any hearing which is conducted Arbitration shall consist of one (1) member appointed by the Campus ChancellorUnion, or his designeeone (1) member appointed by the Employer, and a chairperson, jointly named by the two (2) members so appointed.
f(c) If Where the grievant or the Union wishes to appeal from the decision appointees of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writingparties fail to agree, within seven twenty (720) calendar working days from date of receipt of the decision. The written request shall be directed to second nominee’s appointment, on the Director 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 time limits for a grievance shall toll for the duration appointment of a leave chairperson either party may request the chairperson of absence or layoffthe Labour Relations Board to appoint the chairperson.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. a) The employee(s) and/or 1. An aggrieved employee shall institute action under the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing provisions hereof 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 seven (7) calendar days after receipt of the appeal if no hearing is conductedoccurrence complained of, or within fourteen (14) calendar days after he/she would reasonably be expected to know of its occurrence. Failure to act within said fourteen (14) day period, shall be deemed to constitute an abandonment of the grievance.
2. An employee processing a grievance, shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal.
3. In the presentation of a grievance, the employee shall have the right to present his own appeal or to designate a representative to appear with him at any step in his appeal. A minority organization shall not have the right to present or process a grievance.
4. Whenever the employee appears with a representative, the Board shall have the right to designate a representative to participate at any stage of the grievance procedure.
5. To initiate the grievance procedure, an employee shall file a request to discuss his/her grievance with his/her immediate supervisor within the time period set forth in section 1. Where the immediate superior is below the rank of principal, the principal shall be notified and shall have the right to be present at and to participate in said hearing. The hearing shall be conducted within fourteen (14) days of the filing of the request. A written decision shall be rendered within five (5) days of said hearing.
6. If the grievance is not resolved to the employee's satisfaction, within five (5) days from the close determination referred to in Paragraph 5 above, the employee shall submit his grievance to the Superintendent of any hearing which is conducted by Schools in writing, specifying:
(a) The nature of the Campus Chancellor, or grievance;
(b) The results of the previous discussion;
(c) The basis of his designeedissatisfaction with the determination;
(d) The remedy being sought must be stated.
f7. A copy of the writing called for in Paragraph 6 above, shall be furnished to the school principal.
8. Within ten (10) If the grievant or the Union wishes to appeal days from the decision receipt of the Campus Chancellorwritten grievance (unless a different period is mutally agreed upon), or his/her designeethe Superintendent shall hold a hearing at which all parties in interest shall have the right to be heard.
9. Within ten (10) days of said hearing (unless a different period is mutually agreed upon), it shall request mandatory arbitrationthe Superintendent shall, in writing, advise the employee and his representative, if there be one, of his determination and shall forward a copy of said determination to the school principal and his/her representative.
10. In the event of the failure of the Superintendent to act in accordance with the provisions of Paragraphs 8 and 9, or, in the event a determination by him in accordance with the provisions thereof, is deemed unsatisfactory by either party, the dissatisfied party, within ten (10) days of the failure of the Superintendent to act or within ten (10) days of the determination by him, may appeal to the Board of Education.
11. Where an appeal is taken to the Board, there shall be submitted by the appellant:
(a) The writing set forth in Paragraphs 6 and 9, and a further statement in writing setting forth the appellant's dissatisfaction with the Superintendent's action. A copy of said statement shall be furnished to the Superintendent and to the aggrieved party.
12. The appellant in his/her appeal to the Board shall have the right to appear unless he/she notifies the Board within seven (7) calendar days that he/she does not so desire, in which event the Board may consider the appeal on the written record submitted to it, or the Board may on its own conduct a hearing; or it may request the submission of additional written material. Where additional written materials are requested by the Board, copies thereof shall be served upon the aggrieved parties who shall have the right to reply thereto. Where the appellant requests in writing, a hearing before the Board, a hearing shall be held.
13. The Board shall make a determination within thirty (30) days from date of the receipt of the decision. The written request grievance and shall in writing notify the representative if there be directed one, the principal, assistant principal or the administrative assistant to the Director principal, and the Superintendent of Labor and Employees Relations – Staff Human Resources.
g) The foregoing its determination. This time limits period may be extended by mutual written agreement between of the appropriate parties.
14. The Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits for shall be deemed to be waiver of further appeal of the decision.
15. In the event a grievance shall toll be filed by a principal, he/she shall discuss his grievance initially with the Superintendent and if dissatisfied with the determination, may appeal to the Board in accordance with the provisions herein set forth.
16. In any case, where a grievance is based upon the direct order, ruling or determination of the Superintendent, the aggrieved employee may appeal directly to the Board within ten (10) days of the issuance of said order, ruling or directive, or within ten (10) days of the time when same have been brought to the employee's attention by filing with the Secretary of the Board, a writing setting forth,
(a) The order, ruling or determination complained of;
(b) The basis of the complaint;
(c) A request for a hearing is desired. A copy of the duration writing set forth above shall be served upon the Superintendent who shall have the right to reply in writing thereto. A copy of such reply shall be served upon the aggrieved employee.
17. Upon receipt of a leave grievance filed under the provisions of absence Paragraph 16, the procedure shall be as set forth in Paragraphs 12 and 13.
18. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
19. All meetings and hearings under this procedure shall be conducted in private, and shall include only such parties in interest and their designated or layoffselected representatives, heretofor referred to in this ARTICLE.
20. All employees shall be entitled to resort to the full procedure hereinabove set forth.
21. Whenever any employee is required to appear before the Board of Education or any committee or member thereof concerning any matter which could adversely affect the continuation of the employee in his office, position or employment or the salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a person of his own choosing present to advise and represent him during such meeting or interview. (Chapter 451, Laws of 1968)
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. aGrievances, as defined by Section 16.1, shall be resolved in conformance with the following procedures:
STEP 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within sixteen (16) calendar days after such alleged violation has occurred, present such grievance to the supervisor. The employee(s) and/or the union representative involved shall supervisor will discuss the alleged grievance with the immediate supervisoremployee and give an answer to such Step 1 grievance within ten (10) days following the discussion. The A grievance not resolved in Step 1 and appealed by the Union to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Labor Agreement allegedly violated and the remedy requested, Any grievance not appealed in writing to Step 2 by the Union with ten (10) calendar days following the Step 1 answer, shall be considered waived.
STEP 2. If appealed, the written grievance shall be presented by a Union ▇▇▇▇▇▇▇ may attend this and/or Business Agent and discussed with the Supervisor. The Supervisor shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days following the Step 2 discussion. Any grievance meeting if not appealed in writing to Step 3 by the grievance has been filed by an employeeUnion within ten (10) calendar days following the Step 2 answer shall be considered waived.
b) STEP 3. If no agreement is reached in the above grievance meetingappealed, the written grievance shall be reduced to writing presented by a Union Business Agent and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting discussed with the immediate supervisor.
c) Employer. The Director of Employer shall give the Department or his/her designee shall study union the grievance and respond Employer’s Step 3 answer in writing within seven ten (710) calendar days
STEP 4. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes A grievance unresolved in Step 3 and appealed to appeal from the decision of the Department, it shall 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 Step 4 by the Union or grievantshall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act (PELRA) of 1971, as amended. The Campus Chancellor, or his/her designee, selection of an Arbitrator shall issue be made in accordance with the Campus Decision on “Rules Governing the grievance, in writing, within seven (7) calendar days after receipt Arbitration of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted Grievance,” as established by the Campus Chancellor, or his designeeBureau of Mediation Services (BMS).
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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) and/or If the union representative involved Employer exercises its prerogative to implement a major reduction (40 or more Bargaining Unit Employees within a business unit), the parties will meet to discuss a transition plan aimed at placement of the displaced Employees. Employees who are not placed into jobs or are otherwise severed as a result of these efforts may be laid off following the procedures outlined below. If the Employer exercises its prerogative to implement a lesser reduction (39 or fewer Bargaining Unit Employees within a business unit), the following procedure shall discuss the grievance with the immediate supervisor. be adopted: The Union ▇▇▇▇▇▇▇ and the Employer may attend this grievance meeting if agree to allow Employees within one or more of the grievance has been filed by an employee.
b) If no affected Job Titles to volunteer to be laid off. Unless such agreement is reached in the above grievance meetingand a sufficient number of Employees volunteer to be laid off, the grievance shall Employee or Employees who will be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting laid off will be determined in accordance with the immediate supervisor.
c) provisions of this section. The Director Employee with the least amount of the Department or his/her designee shall study the grievance and respond seniority in writing any Job Title, within seven (7) calendar days. This response from the Director or his/her designee a business unit, will be the final position first laid off from that job, subject to any State or Federal law. The Employee, in turn, may replace any Employee with lesser seniority within their current business unit within the bargaining unit (or non-bargaining unit Temporary, Limited Term or Student Employees), providing the Employee has the qualifications to satisfactorily perform the job. Employees who are displaced from their jobs as a result of such bump back procedure may themselves bump back and replace any Employee with less seniority within their current business unit, providing such Employee has the necessary qualifications. (Displaced is defined as any Employee who has been bumped off a job, who has not been returned to a job in the same, higher or lower wage classification.) Employees shall retain full seniority irrespective of the Department.
dbumping process. Employees who are laid off will retain full seniority for the two year recall period. Notwithstanding the preceding paragraph, any Employee with five (5) If the grievant or the Union wishes to appeal from the decision more years of the DepartmentContinuous Service who would otherwise be laid off as a result of subcontracting, it shall 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 Chancellortransferring work, or his/her designeeoutsourcing, shall fully investigate be entitled to replace any Employee with less than five (5) years of Continuous Service within the grievancebargaining unit, including conducting providing the more senior Employee has the qualifications to satisfactorily perform the job. When there are multiple incumbents within a hearing if so requested by specific job, the Union or grievant. The Campus Chancellorlaid off Employee will bump the least senior incumbent, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeefull-time to full-time; part-time to part-time).
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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The Union ▇▇▇▇▇▇▇ may attend this Employer-designated representative will discuss and give an answer to such Step 1 grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the date nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee Agreement allegedly violated, the remedy requested, and shall study the grievance and respond in writing be appealed to Step 2 within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or dueEmployer-designated representative’s final answer in Step 1.
Step 2 If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The appeal Employer-designated representative shall to be directed to give the Labor and Employee Relations Section of Staff Human Resources, as Association the ChancellorEmployer’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, Step 2 answer in writing, writing within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or the Union wishes such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to appeal from the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writing, Step 3 within seven (7) calendar days from date of following the Employer-designated representative’s final Step 2 answer.
Step 3 If appealed, the written grievance shall be presented by the Association and discussed with the Labor Relations Manager or his/her designee. The Employer-designated representative shall give the Association the Employer’s answer in writing within seven (7) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven (7) calendar days following the decisionEmployer-designated representative’s final answer in Step 3.
1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator.
2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation. Either party may at any time opt out of mediation at which time, the Union may then proceed to arbitration.
3. The written request grievance mediation process shall be directed informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses.
4. At the request of both parties, the mediator may issue an oral recommendation for settlement.
5. Unless the parties agree otherwise, the outcome shall not be precedential.
6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration.
Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the Director provisions of the Public Employment Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate partiesAct of 1971 as amended. The time limits for a grievance selection of an arbitrator shall toll for be made in accordance with the duration “Rules Governing the Arbitration of a leave Grievances” as established by the Bureau of absence or layoffMediation Services.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. aAny dispute concerning the application, interpretation or enforcement of this Agreement shall be resolved in the following manner and sequence. Any and all time limits specified in this Section may be waived by documented mutual consent of the parties. If any time period shall end on a weekend or holiday, the time limits shall be extended to the end of the next working day. Within thirty (30) The employee(s) and/or calendar days immediately following the union representative involved shall discuss date the grievance with employee had or by reasonable diligence should have had knowledge of the immediate supervisor. The Union grievance, whichever is first, the employee and their ▇▇▇▇▇▇▇ shall meet with the immediate supervisor in an attempt to resolve the dispute informally. If in this and in the following steps, the grievance involves more than one supervisor, this meeting shall be held with an employee in the Human Resources Department and those department representatives the City deems appropriate. In cases of written discipline, the Union may attend this grievance skip the informal meeting if process and proceed directly to step 1. In the case, the affected employee(s)/Union must comply with Step 1 timeline below.
Step 1. If the grievance has not been filed by an employee.
b) If no agreement is reached in the above grievance meetingresolved, the affected employee(s)/Union shall present the grievance shall be reduced to in writing and submitted to the Director of the Department employee’s supervisor within seven ten (710) calendar days of the impacted employee(s)/Union receiving the supervisor’s written decision (such as email) from the date informal meeting. At this and each subsequent step of the grievance meeting with procedure, the immediate supervisor.written grievance submitted by the Union or employee(s) shall include:
c) The Director a. a statement of the Department or his/her designee shall study the grievance and respond in writing within seven the factual allegations upon which it is based;
b. the Section(s) of this Contract alleged to have been violated; and
c. The remedy sought. Within fourteen (714) calendar days. This response from the Director or his/her designee will be the final position days of receipt of the Department.
d) If written grievance, the supervisor will schedule a meeting to give the grievant or an opportunity to discuss the Union wishes to appeal from the dispute. The supervisor shall render a written decision of the Department, it shall do so in writing within fourteen (14) calendar days after following the Department's decision herein referenced meeting. (This meeting to discuss the dispute may be attended by any manager the City deems appropriate.)
Step 2. If the grievance is received or due. The appeal not resolved at Step 1, the Union shall to be directed submit the grievance to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
e) The Campus Chancellor, Department Director 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, their designee within seven ten (710) calendar days after of receipt of the appeal if no hearing is conductedsupervisor’s written decision. Within fourteen (14) calendar days of receipt of the written grievance, or the Department Director will schedule a meeting to give the grievant an opportunity to discuss the dispute. The Department Director shall render a written decision within fourteen (14) calendar days from following the close of meeting. (This meeting to discuss the dispute may be attended by any hearing which is conducted by manager the Campus ChancellorCity deems appropriate.) If an employee reports directly to a Department Director, or his designeeproceed to Step 3.
f) Step 3. If the grievant grievance is not resolved at Step 2, the Union shall submit the grievance to the City Manager or designee within ten (10) calendar days of receipt of the Department Director or their designee’s written decision. The City Manager shall meet with the grievant, their Union representative, and the appropriate managers in an effort to resolve the dispute. This meeting shall occur within fourteen (14) calendar days of submission to Step 4 and the City Manager shall respond to the grievance within fourteen (14) calendar days of the meeting.
Step 4. If the grievance is not resolved at Step 3 above and if the Union wishes to appeal from pursue the decision grievance further, the Union shall file a notice of intent to arbitrate the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writing, grievance with the City Manager within seven fourteen (714) calendar days from following the date of receipt of the decisionCity Manager response is due or received, whichever is earlier. The written request shall be directed to Unless the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between parties mutually agree upon an arbitrator, the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.Union shall, within forty-five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 6.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAGREEMENT shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar business days after such alleged violation has occurred, present such grievance to the Director of Public Safety. The Director of Public Safety will discuss and give an answer to such Step 1 grievance within ten (10) business days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) business days after the Department's decision is received or dueDirector of Public Safety’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) business days shall be considered waived. The appeal term “business days” in clause 6.4 shall to mean the days of Monday through Friday and excludes designated holidays identified in the City Personnel Policy manual. If appealed, the written grievance shall 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 presented by the Union or grievantUNION and discussed with the City Administrator. The Campus Chancellor, or his/her designee, City Administrator shall issue give the Campus Decision on UNION the grievance, EMPLOYER's Step 2 answer in writing, writing within seven ten (710) calendar business days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) business days following the appeal City Administrator’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) business days shall be considered waived.
Step 3 If desired by the Union, the Union may submit a written or electronic request to the Employer-designated Step 2 representative to mediate the grievance through the Bureau of Mediation Services. The grievance may be mediated if no hearing is conductedagreed to by both parties. A grievance not resolved in Step 3 within ten (10) business days following the Employer- designated representative’s written refusal to mediate or completion of mediation as designated by the mediator may be appealed to Step 4. Any grievance not appealed in writing to Step 4 by the Union within ten (10) business 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 subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made consistent with the rules established by the Bureau of Mediation Services. However, a grievance arbitration for written disciplinary action, discharge, or within fourteen (14) calendar days from termination shall include the close of any hearing which is conducted by the Campus Chancellorarbitrator selection procedures established in Minnesota Statute 626.892, or his designeeas amended.
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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. a) The employee(s) parties agree it is desirable that any grievance, as herein defined, be settled fairly and promptly as it arises. A grievance is defined as a dispute or difference between an employee and/or the union representative involved ASSOCIATION and the VILLAGE with respect to the meaning or application of the terms of this Agreement, or with respect to the application of the Rules and Regulations of the Fire Department, or with respect to the application of any Rules and Regulations issued by the Board of Fire and Police Commissioners over which that Board does not retain or assert exclusive jurisdiction, or with respect to whether or not the personnel rules, practices and policies of the VILLAGE have been applied equitably among all employees within the bargaining unit. Accordingly, the parties agree that the following procedures shall be used exclusively for the resolution of all such grievances.
STEP 1. In order to encourage informal resolution of grievances at the first level of supervision, an employee who believes he has a grievance shall be required first to discuss the alleged grievance with the his immediate supervisor. The Union ▇▇▇▇▇▇▇ ASSOCIATION representative may attend this be present if the employee so desires. To be timely, the grievance meeting if must be presented not later than seven (7) business days (Monday – Friday) after its occurrence or after the employee has or should have had knowledge of the act, event, or the commencement of the condition which is the basis of the grievance. If, after an informal discussion between the employee and his immediate supervisor, the grievance has not been filed by an employeesettled, or if the supervisor does not give his verbal answer within seven (7) business days after the presentation of the alleged grievance, the employee may present the grievance to the next higher supervisor.
b) If no agreement is reached in the above grievance meeting, the STEP 2. The grievance shall be reduced to writing and submitted to which shall state the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.alleged
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 6.1, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
Step 1 An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) business days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The Union ▇▇▇▇▇▇▇ may attend this EMPLOYER Step 1 designated representative (Division Director) will discuss and give an answer to such Step 1 grievance meeting if within ten (10) business days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) business days after the EMPLOYER designated representatives final answer in Step 1. Any grievance has been filed not appealed in writing to Step 2 by an employeethe UNION within ten (10) business days shall be considered waived.
b) Step 2 If no agreement is reached in the above grievance meetingappealed, the written grievance shall be reduced to writing presented by the UNION and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting discussed with the immediate supervisor.
c) EMPLOYER designated Step 2 representative (City Administrator). The Director of EMPLOYER designated representative shall give the Department or his/her designee shall study UNION the grievance and respond EMPLOYER's Step 2 answer in writing within seven ten (710) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar business days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) business days following the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted EMPLOYER designated representatives final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Campus Chancellor, or his designeeUNION within ten (10) business days shall be considered waived.
fStep 3 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative (City Administrator). The EMPLOYER designated representative shall give the UNION the EMPLOYER's Step 3 answer in writing within ten (10) business days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) business days following the EMPLOYER designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) business days shall be considered waived.
Step 4 If appealed, the grievant or written grievance may be submitted to mediation by the Union wishes UNION through the State Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to appeal from Step 5 within ten (10) business days following mediation.
Step 5 A grievance unresolved in Step 4 and appealed to Step 5 by the decision UNION shall be submitted to arbitration subject to the provisions of the Campus ChancellorPublic Employment Labor Relations Act of 1971, or his/her designee, it shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt of the decisionas amended. The written request selection of an arbitrator shall be directed to made consistent with the Director rules established by the Bureau of Labor and Employees Relations – Staff Human ResourcesMediation Services.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Labor Agreement
Procedure. aStep One -- A non-wage-related grievance shall be presented verbally or in writing by the aggrieved employee, and up to two (2) representatives of the Union if the employee so desires, within thirty (30) calendar days of the Union becoming aware of such grievance, to the appropriate supervisor. That person and notify the employee within thirty (30) calendar days. If a grievance is not pursued to the next higher level within thirty (30) calendar days, it shall be presumed resolved. Step Two -- If, after thorough discussion with the appropriate supervisor, the grievance has not been satisfactorily resolved, the employee and representative(s) of the Union shall reduce the grievance to writing and present it to Human Resources Director. The employee(sHuman Resources Director shall schedule a meeting within thirty (30) and/or calendar days of receiving the union representative involved shall written grievance to discuss the grievance matter with the immediate supervisoremployee and the representative(s) of the Union. The Human Resources Director shall make his/hertheir written decision available to the aggrieved party and the representative(s) of the Union within thirty (30) working days of the meeting. If the grievance is not pursued to the Step Three within thirty (30) working days of the date of the Human Resources Director’s written decision, it shall be presumed resolved. If the grievance is not resolved at this step, the Union may request mediation or arbitration of the grievance within thirty (30) days of completion of Step Two of the grievance process. The request for mediation or arbitration must be made in writing to the Prosecuting Attorney. Mediation – The Prosecuting Attorney and the Union will have thirty (30) calendar days from the mediation request date to schedule a mediation date. The Prosecuting Attorney and the Union shall mutually agree upon a mediator. Any resolution reached in mediation shall be binding on the parties and, unless specifically agreed otherwise, not form a precedent for similar issues. If the resolution is not reachedMatters not resolved in mediation, issues may be referred to arbitration, if it concerns the proper application or interpretation of the Agreement. The Prosecuting Attorney and the Union shall each bear the cost of its own presentation and shall bear equally the fees and cost of the mediator. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if parties will have thirty (30) calendar days from the conclusion of mediation to make a written request for arbitration to the Prosecuting Attorney. Step Three -- If the decision of the Human Resources Director or mediation does not resolve the grievance to the satisfaction of the Union, the Union may file with the Prosecuting Attorney a Notice of Intent to Request Arbitration. This Notice shall specify the reasons the Union is dissatisfied with the decision of Human Resources Director. The Prosecuting Attorney may modify the decision of the Human Resources Director. Grievances at Step Three must be processed through the Union. If, within thirty (30) working calendar days after the Union files a Notice of Intent to Request Arbitration, the Prosecuting Attorney has been filed by an employee.
bnot modified the decision of the Human Resources Director to the satisfaction of the Union, the Union may proceed to Step Four. Letters of Reprimand may only advance to Step Three. Step Four -- If the grievance is not resolved to the satisfaction of the Union at Step Three, the Union may request arbitration. If the Union does not request arbitration within thirty (30) If no agreement is reached in the above grievance meetingcalendar days of being entitled to proceed to Step Four, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar daysdeemed resolved. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or Union decides to proceed to Step Four, the Union must specify the provision(s) of this agreement that were allegedly violated and the question(s) which it wishes to appeal from arbitrated, and the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.remedy
Appears in 1 contract
Sources: Settlement Offer
Procedure. a) The employee(s) and/or parties acknowledge that an Employee and the union representative involved Employer may resolve problems through free and informal communications. If, however, such informal processes fail, a grievance may be processed as follows.
11-2.1 Step I The grievant shall discuss present the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate immediately involved supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar business days after from the Department's decision is received time the employee knew or due. The appeal shall should have known about the event giving rise 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 who will arrange for 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, meeting to take place within seven fourteen (714) calendar business days after receipt of the appeal if no hearing grievance. The Association’s local representative, the grievant, and the immediately involved supervisor shall be present for the meeting. Within fourteen (14) business days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision. If the grievance is conductednot resolved at Step I, then the Association may refer the grievance to the Superintendent or the Superintendent’s official designee within fourteen (14) calendar business days from the 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, within seven (7) calendar days from date of after receipt of the Step I answer. The Superintendent shall arrange, with the Association’s local representative, for a meeting to take place within fourteen (14) business days of the Superintendent’s receipt of the appeal. Within fourteen (14) business days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. The written request If the grievance is not resolved at Step II, then the Association may refer the grievance to the Board of Education within fourteen (14) business days after receipt of the Step II response. A meeting shall be directed scheduled with the Board within fourteen (14) business days of the Board President’s receipt of the Association’s grievance appeal. The grievant shall be entitled to Association representation of the grievant's choosing. If either the Board or Association uses out-of-district representation, such information shall be provided to the Director other party at least fourteen (14) business days before the scheduled hearing. Within fourteen (14) business days of Labor the Board grievance meeting the Association will be provided a written response including the reasons for the decision. If the grievance is not resolved at Step III, the grievant may submit the grievance to final and Employees Relations – Staff Human Resources.
gbinding arbitration with the Federal Mediation and Conciliation Service, or an agreed upon arbitrator, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within fourteen (14) The foregoing time limits may business days of the receipt of the Superintendent’s response, then the grievance shall be extended by mutual written agreement between the appropriate partiesdeemed withdrawn. The time limits for a grievance arbitrator shall toll for have no authority to decide the duration following issues: hiring/dismissal of a leave of absence or layoffemployees from extra-duty positions, comparability pay issues concerning extra-duty position, final administrative/Board decisions on individual employee evaluation, and final administrative/Board decisions on individual employee assignments/transfers.
Appears in 1 contract
Sources: Teachers' Contract
Procedure. a) The employee(s) and/or All grievances shall be dealt with in the union representative involved shall discuss following manner:
Step 1 It is expressly understood and agreed that any employee having a grievance against the grievance Employer as a first step, make an ▇▇▇▇▇▇▇ effort to resolve the problem by direct and immediate discussion with the immediate supervisor. The Employer, in the presence of a Union ▇▇▇▇▇▇▇ may attend this ▇. This attempt at resolution must be made by the aggrieved party within ten (10) working days after the occurrence of the alleged grievance. The time restriction is not intended to preclude the initiation of a grievance meeting if where the grievor or the Union could not reasonably have known of the occurrence of the alleged grievance, but does then initiate the grievance has been filed by an employeewithin ten (10) working days after learning of the occurrence.
bStep 2 If a satisfactory solution is not reached in Step 1, then the aggrieved party shall immediately give a full written statement of the facts and circumstances of the grievance to the Union. The statement shall identify the article or articles of the Agreement alleged to be infringed upon or violated, the remedy sought, the action or incident that gave rise to the grievance, and the date on which it occurred. The Union shall then present the grievance to the Company within fifteen (15) working days after the occurrence of the alleged grievance. The Company and the Union shall immediately consider the written grievance and attempt to resolve the grievance. If no agreement is not reached in within five (5) working days from the above grievance meetingtime this step is initiated, the grievance shall may be reduced to writing and submitted referred to the Director third step of the Department within seven (7) calendar days from the date this procedure.
Step 3 The third step of the grievance meeting procedure shall be a reference to arbitration, which arbitration shall be conducted in accordance with the immediate supervisor.
carbitration provisions of this Agreement. Notice of a reference to arbitration must be served within ten (10) The Director working days of the Department or his/her designee shall study expiry of the time provided in Step Two (2) above, and if this notice is not given within this time period, the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Departmentdeemed to have been abandoned.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Agreement
Procedure. Informal Step - An employee who has a dispute over the interpretation or application of this Agreement will discuss the dispute with their supervisor and/or Union representative in an effort to settle the same. This procedure, if followed in good faith by both Parties, should lead to a fair and prompt solution to most of the Employer/Employee problems. However, if a dispute is not satisfactorily resolved, an employee may file a grievance under the procedure outlined below. If the grievance involves disciplinary action which has been discussed at the employee’s pre- disciplinary meeting, no informal step is required.
a) The employee(sTo be considered formally, a grievance must be in written form, must cite the section(s) and/or of the union representative involved shall discuss Agreement alleged to have been violated, must be signed by the grievance with the immediate supervisor. The grievant(s) or a Union Representative (▇▇▇▇▇▇▇ may attend this ▇, Business Representative), and must be filed with the appropriate supervisor. The written grievance meeting if need not follow any particular format. It must be submitted within thirty (30) calendar days after the grievance has been filed by an employeeoccurrence leading to the grievance.
b) The designated supervisor will review the informal decision given earlier. The supervisor may change, modify, or affirm this decision, and must provide the grievant with a written response. If no the supervisor's decision effects an agreement is reached with the grievant, this will dispose of the grievance. If the supervisor affirms the original decision or changes the decision in a manner not acceptable to the above grievance meetinggrievant, the grievance shall be reduced supervisor will add a statement to writing and submitted that effect to the Director of the Department within seven (7) calendar days from written grievance and shall note the date of they received the written grievance meeting with and forward it to the immediate supervisorresponsible Administrator or designee within five (5) workdays after its receipt.
c) The Director of the Department responsible Administrator or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If may meet with the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 and/or their representative regarding the grievance, including conducting but in any event shall consider and answer the grievance in writing not later than ten (10) workdays following the date upon which it was formally presented to the appropriate designated supervisor. If the responsible Administrator or designee fails to answer within these ten (10) workdays, or if the responsible Administrator's or designee’s answer does not resolve the grievance in a hearing if so requested by manner acceptable to the grievant, the grievant may appeal to Step Two of the procedure.
a) Notwithstanding the provisions of Step One above, grievances concerning discharge or demotion shall be filed directly at Step Two within ten (10) business days of the Employer’s serving of "Written Charges for Discharge" or "Notice of Demotion" pursuant to Rules and Regulations of the State Universities Civil Service System. In addition, the Union or grievant. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for file a grievance shall toll for (as defined in this Section 18.1) at Step Two if the duration of a leave of absence or layoff.grievance is common to employees employed in at least two
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. Informal Step - An employee who has a request or complaint will discuss the request or complaint with the designated supervisor in an effort to settle the same. An employee may do this personally or through the Union. If the designated supervisor and/or the employee, after full discussion, feel the need for aid in arriving at a resolution, they may by agreement invite such other additional Employer or Union representatives as may be necessary and available to participate in further discussions. Such additional participants shall act as resource personnel but shall not relieve the designated supervisor and the employee from the responsibility for resolving the problem. This procedure, if followed in good faith by both parties, should lead to a fair and prompt solution to most of the Employer/employee problems. However, if a request or complaint is not satisfactorily resolved, the employee or the Union may file a formal written grievance under the procedure outlined below. If the grievance involves disciplinary action which has been discussed at the employee’s pre- disciplinary meeting, no informal step is required.
a) The employee(sTo be considered formally, a grievance must be in written form, signed by the grievant(s) and/or the union or a Union representative involved shall discuss the grievance with the immediate supervisor. The Union (▇▇▇▇▇▇▇ ▇, business representative), and filed with the appropriate supervisor. The written grievance need not follow any particular format. It must cite the section(s) of the Agreement which are alleged to have been violated, and it must also be submitted within thirty (30) calendar days after the occurrence leading to the grievance, or within thirty (30) calendar days of knowledge thereof. This time limit may attend this grievance meeting if be extended for just cause by the grievance has been filed Chancellor, University of Illinois System – Level Designated Grievance Hearing Officer, or a designee named by an employeeeither official.
b) The designated supervisor will review the informal decision given earlier. The supervisor may change, modify, or affirm this decision, and must provide the grievant with a written response. If no the supervisor's decision affects an agreement is reached with the grievant, this will dispose of the grievance. If the supervisor affirms the original decision or changes the decision in a manner not acceptable to the above grievance meetinggrievant, the grievance shall be reduced supervisor will add a statement to writing and submitted that effect to the Director of written grievance and shall note the date they received the written grievance and forward it to the Department Head within seven two (72) calendar work days from the date of the grievance meeting with the immediate supervisorafter its receipt.
c) The Director of the Department or his/her designee Head shall study consider and answer the grievance and respond in writing within not later than seven (7) calendar daysworkdays following the date upon which it was formally presented to the appropriate designated supervisor. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes Department Head fails to appeal from the decision of the Department, it shall do so in writing answer 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.these seven
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. aNotice Notice or delivery of anything in writing required under this Article shall be accomplished by confirmed receipt (or Read Receipt) The employee(s) and/or email, to the union representative involved shall discuss Chief, or designee, or the Association President, as applicable.
Step 1 A fire fighter who is aggrieved must file a grievance with an Association Grievance Committee member within thirty (30) calendar days of the immediate supervisordate upon which the fire fighter knew of or should have known of the facts or events giving rise to the grievance. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if A copy of the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, notice of receipt of the grievance shall be reduced forwarded to the Chief by the Association Grievance Committee within fifteen (15) calendar days of receipt of the grievance. The Grievance Committee shall within fifteen (15) calendar days of receipt of the grievance determine if a grievance exists. If the grievance is denied by the Committee, a member of the Committee shall notify the grievant within fifteen (15) calendar days of the day of the denial. The grievant may appeal in writing and to the Executive Board of the Association within fifteen (15) calendar days of notification of denial of the grievance. The Executive Board shall have fifteen (15) calendar days to make final determination of the appeal. If the Association determines that no grievance exists, the Grievance Committee Chair shall notify the Chief or designee in writing that no further proceedings will be necessary. If the Association determines that the grievance is valid, it shall process the grievance on behalf of the fire fighter(s) by forwarding the written grievance to Step 2 of this procedure.
Step 2 Any grievance found to be valid by the Association shall be submitted to the Director Chief or the designee within fifteen (15) calendar days of the Department Step 1 ruling. After receipt of the grievance, the Chief or designee shall: within fifteen (15) calendar days of receipt of the grievance submit his or her response in writing to the Association President.
Step 3 If the grievance is not resolved at Step 2, the Association shall have fifteen (15) calendar days from receipt of the Chief’s decision to submit the matter to arbitration. The arbitration procedure will be implemented by the Association notifying the Chief in writing of their intent to submit the grievance to arbitration.
Step 4 If a grievance is submitted to arbitration, the City and the Association may, within fifteen (15) calendar days of such request, mutually agree to a neutral arbitrator. If the parties are unable to agree on such an appointment, the City and Association shall, within fifteen (15) calendar days, jointly request a list of seven (7) arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service. Within fifteen (15) calendar days following receipt of the list of arbitrators, the parties shall select an arbitrator by each party in turn striking one name from the list until only one (1) name remains. The remaining individual on the list shall serve as the arbitrator. The arbitrator so selected shall, through the agency selected, be promptly notified of his or her selection and the parties in agreement with the arbitrator shall select a time, place and date for the hearing of the grievance meeting with the immediate supervisorgrievance.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven a. Within thirty (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1430) calendar days after the Department's decision is received or due. The appeal conclusion of the hearing, the arbitrator shall to be directed issue a written opinion and ruling with respect to the Labor issues presented, a copy of which shall be mailed or delivered to the Association and Employee Relations Section of Staff Human Resources, as the Chancellor’s designeeCity.
e) The Campus Chancellorb. With respect to the application, 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 seven (7) calendar days after receipt interpretation and enforcement of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close provisions of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant or the Union wishes to appeal from this Agreement the decision of the Campus Chancellorarbitrator shall be final and binding on the parties of this Agreement.
c. The arbitrator’s authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement thereto. The arbitrator shall have no jurisdiction or authority to modify or to establish new provisions as to the present Agreement, or his/her designee, it shall request mandatory arbitrationto arbitrate away, in writingwhole or in part, within seven (7) calendar days from the provisions or amendments thereof.
d. The cost of the impartial arbitrator shall be borne by the losing party. In the event of a composite decision, the arbitrator shall determine the portion of such cost to be borne by each party. If a transcript of the proceedings is requested, then the party so requesting shall pay for such transcript, unless otherwise agreed to by the parties.
e. Each party shall be responsible for the cost of the attendance of its witnesses at the contract grievance hearing.
f. If the final date of receipt of any response and/or filing period falls upon a City Holiday (observed date), Saturday or Sunday, then the decision. The written request shall be directed to due date will fall on the Director of Labor and Employees Relations – Staff Human Resourcesnext business day.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingmeeting referenced above, the grievance shall be reduced to writing by the grievant and/or the Union and submitted to the Director of the Department within seven fourteen (714) calendar days from the date of the grievance meeting with the immediate supervisorsupervisor or within the time period set forth in Section 2 of this Article, whichever is later.
cb) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven fourteen (714) calendar days. This The response from the Director or his/her designee will be the final position of the Director of the Department.
dc) If the grievant or the Union wishes to appeal from the decision of the Director of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's Department director’s decision is received or due. The appeal shall to be directed to the Labor and Employee Relations Section of Staff Human ResourcesCampus Chancellor, as the Chancellor’s or his/her designee.
ed) 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 seven fourteen (714) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his his/her designee.
fe) 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, within seven fourteen (714) calendar days from date of receipt of the decision. The written request shall be directed to the University’s Director of Labor and Employees Relations – Staff Human ResourcesEmployee Relations.
gf) The foregoing time limits may be extended by mutual written agreement. Any step of the grievance procedure may be waived by mutual agreement, which agreement between the appropriate partiesshall not be unreasonably withheld. The parties stipulate that a request by either party to waive one or more of the steps of the grievance procedure is presumptively reasonable when any one more of the following factors are present:
1) The number of employee affected by the grievance is a majority of the employees within a classification listed in Article 3.
2) The Union is pursuing a grievance that does not involve a disciplinary action against an individual employee and the number of employees affected by the grievance represents at least twenty-five percent (25%) of the employees within a classification listed in Article 3.
3) The need for an accelerated resolution of the grievance is in the best interests of either the University or the Union, or both, and fashioning an appropriate remedy if the grievance is sustained would be made significantly more difficult or impossible if an accelerated grievance procedure is not implemented.
g) If the University fails to respond to the grievance in writing within the time limits provided for a herein, then the Union may proceed to the next stage of the grievance shall toll for procedure, per the duration of a leave of absence or layofftime limits specified above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. aStep One A grievance may be initiated in one (1) of the following ways:
1. The employee(s) and/or teacher may approach the union representative involved shall building principal concerned and discuss the grievance 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 supervisor shall not initiate any consultation with the immediate supervisorgrievant prior to any scheduled meeting at which the representative is to be present. Step Two In the event the grievance is not resolved in Step One, the grievant may file a formal grievance in writing with the building principal on the form shown in Appendix "C".
1. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if form shall be filed in quadruplicate with one (1) copy for the grievance has been filed by an employeeAssociation, the grievant, the building principal, and the school central offices.
b2. The grievance shall (1) If no agreement is reached name the other individual(s) involved, if any, (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 grievant(s).
3. The form of grievance should be filed as soon as possible, but any grievance not presented in writing in Step Two within twenty (20) days of the above grievance meetingtime the grievant knew, or reasonably should have known, of the grievance shall be reduced to writing deemed waived and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance shall not be processed.
4. The teacher may request a meeting with the immediate supervisor.
cbuilding principal and the Association representative may accompany the grievant. In any event, within five (5) The Director of days after receiving the Department or written grievance, the building principal shall communicate his/her designee answer in writing to the grievant and the Association representative, and said answer shall study be attached to the grievance. Step Three
1. If the grievance and respond is not resolved in writing Step Two, the teacher may, within seven five (75) calendar days. This response from the Director or his/her designee will be the final position days of receipt of the Department.
d) If the grievant or the Union wishes to building principal's answer, appeal from the decision of the Department, it shall 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 ChancellorSuperintendent, or his/her 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 fully investigate receipt therefore. Any such response by the grievant shall be attached to the grievance, including conducting a hearing if so requested by the Union or grievant.
2. The Campus Chancellorteacher may request a meeting with the Superintendent, or his/her designeedesignated representative, and the Association representative may accompany the grievant. The Superintendent, or his/her designated representative, shall issue give the Campus Decision on the grievance, teacher an answer in writing, within seven writing no later than ten (710) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from written grievance properly filed in the 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 Office of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt of the decisionSuperintendent. The written request Such answer shall be directed attached to the Director of Labor and Employees Relations – Staff Human Resourcesgrievance.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or For the union representative involved purposes of this Agreement, a Grievance shall discuss mean any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement. Before resorting to the Formal Grievance Procedure, the complaint, which may lead to a formal grievance, may be discussed with the Operations Chief or in his absence, the Fire Chief, in an effort to resolve the complaint. When a formal grievance occurs, the aggrieved employees shall first contact the Association’s Grievance committee by submitting the grievance with in duplicate and in writing, signed by the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if If the grievance has been filed is accepted by an employee.
bthe Association’s Grievance Committee, one (1) If no agreement is reached in the above grievance meeting, copy of the grievance shall be reduced forwarded to writing the Fire Chief within ten (10) working days of the alleged grievance. Within ten 0) normal working days after notification of a formal grievance is received by the Chief, the aggrieved employee, represented and submitted accompanied by the Association’s Grievance Committee shall meet with the Fire Chief and/or the Operations Chief and/or the Communications Education Chief to have the Grievance heard. A decision and reason therefore shall be rendered by the Chief within ten (10) further working days after this meeting. Failing settlement through the foregoing procedure, the Association’s Grievance Committee, together with the aggrieved employee may present the grievance to the City Administrator and the Director of the Department within seven Employee Resources (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
fdesignate) 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to and the Director of Labor Community Services, who shall render a decision and Employees Relations – Staff Human Resources.
greason therefore within five (5) The foregoing time limits working days of such presentation. Failing settlement at this stage and within five (5) normal working days, then stage may be invoked. Failing settlement through the procedures set out in Stages and above, the matter may be submitted to Arbitration pursuant to Article hereto. Notwithstanding the above, in the event of any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement or complaints relating to the terms and conditions of employment, the Association may grieve using the same procedures as outlined in Article With the mutual consent of both Parties, any concerned Party may attend during the grievance stages and All times set out under Article may be extended by mutual written agreement between agreement, in writing, by the appropriate partiesparties to this Agreement. Normal working days shall mean Monday to Friday inclusive but does not include statutory holidays. The time limits for a grievance shall toll for Corporation and the duration Association agrees to supply each other every year with the names of a leave the members of absence or layofftheir respective Grievance Committees.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved shall discuss the grievance with the immediate supervisorStep 1. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the A grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond presented in writing within seven (7) calendar days. This response from by the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Departmentaggrieved employee and/or their representative, it shall do so in writing within fourteen (14) calendar days after of the Department's decision is received or dueoccurrence of the incident that gave rise to such grievance to the supervisor. The appeal supervisor shall to be directed to meet with 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or employee and/or their representative within fourteen (14) calendar days from of the close receipt of any hearing the grievance. The supervisor shall gain all relevant facts and notify the employee in writing of their decision a copy of which shall be sent to the Union within fourteen (14) days. If a grievance is conducted by not pursued to the Campus Chancellornext higher level within fourteen (14) calendar days of receipt of the supervisor’s written response, or his designeeit shall be presumed resolved. If the employer fails to meet the time lines set forth in Step 1, the Union shall have the right to move the grievance to next step.
f) If Step 2. If, after thorough discussion with the grievant or supervisor, the Union wishes grievance has not been satisfactorily resolved, the grievance shall then be presented to appeal from the decision of the Campus Chancellor, department director or his/her designee. All letters, memoranda, and other written materials shall be made available for the review and consideration of the department director or designee. The director or designee may interview the employee and/or representative and receive any additional related evidence which may be deemed pertinent to the grievance. At the time of filing the Step 2 grievance, if the Union requests a meeting one will be scheduled at a mutually agreeable time with the department director, or designee, to discuss the grievance in an effort to resolve it. The director or designee shall provide a written decision to the grievant and the Union within fourteen (14) calendar days. If the employer fails to meet the time lines set forth in Step 2, the Union shall have the right to move the grievance to the next step. If the grievance is not pursued to the next higher level within fourteen (14) calendar days of receipt of the director’s response, it shall be presumed resolved.
Step 3. If, after thorough evaluation, the decision of the department director has not resolved the grievance satisfactorily, the grievance may be presented to the assigned King County Labor Negotiator or his/her designee for attempted resolution. A meeting shall be scheduled by the negotiator and the Union representative within thirty (30) days for the purpose of resolving the grievance. When parties to this meeting include an employee who is affected by such grievance and necessary witness(es), who are County employees, such employees shall be released from duty without loss of pay in order to testify, provided that it does not affect the operation of the County. All such meetings shall be closed for the purpose of maintaining confidentiality, unless otherwise mutually agreed. The negotiator or designee shall render a decision within fourteen (14) calendar days following the conclusion of the meeting. If the employer fails to meet the timelines set forth in Step 3, the Union shall have the right to move the grievance to the next step. If the Union fails to meet such timelines, the grievance will be considered resolved. Employer grievances shall be filed at Step 3 by written notice to the Union within fourteen (14) calendar days of the events giving rise to the grievance.
Step 4. Either the County or the Union may request mandatory arbitrationarbitration within thirty (30) calendar days of the date of the County’s Step 3 decision or thirty (30) days from the Step 3 meeting, in writingwhichever comes later, and must specify at that time the exact questions which it wishes arbitrated and the remedy sought. The parties shall then select a disinterested party to serve as an arbitrator. If the County, or the Union if the grievance is an employer grievance, does not respond at Step 3, the Union or the County may submit the issue to arbitration within sixty (60) days of its submission at Step 3. In the event that the parties are unable to agree upon an arbitrator then the arbitrator shall be selected from a panel of seven (7) calendar days arbitrators furnished by PERC, Federal Mediation and Conciliation Service (FMCS), or another agency to which the parties mutually agree. The arbitrator will be selected from date of receipt the list by both the County representative and the Union each alternately striking a name from the list until only one (1) name remains. The arbitrator shall be asked to render a decision promptly and the decision of the arbitrator shall be final and binding on both parties. The arbitrator shall have no power to change, alter, detract from or add to the provisions of this Agreement but shall have the power only to apply and interpret the specific written provisions of this Agreement in reaching a decision. The written request arbitrator’s fee and expenses and any court reporter’s fee and expenses shall be directed to borne equally by both parties. Each party shall bear the Director cost of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits any witnesses appearing on that party’s behalf. Each party shall bear the cost of their own attorneys’ fees regardless of the outcome of the arbitration hearing. No matter may be extended arbitrated which the County by mutual written agreement between the appropriate partieslaw has no authority over, has no authority to change, or has been delegated to any civil service commission or personnel board as defined in RCW 41.56. The time limits for a grievance There shall toll for the duration be no strikes, cessation of a leave of absence work or layofflockout during such conferences or arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or A grievance filed against the union representative involved Village shall discuss be processed in the following manner:
STEP 1: Any employee who has a grievance, or the Union/Lodge if a Union/Lodge grievance, shall submit the grievance with orally or in writing to a Sergeant, or his designee, designated to receive a grievance specifically indicating that the immediate supervisormatter is a grievance under this Agreement. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if shall contain a complete statement of the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingfacts, the grievance shall provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be reduced to writing and submitted to the Director of the Department within seven presented no later than ten (710) calendar business days from the date of the occurrence of the matter giving rise to the grievance meeting with or within (10) business days after the immediate supervisoremployee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the event giving rise to the grievance. The Sergeant, or his designee, shall render written response to the grievance within ten (10) business days after the grievance is presented.
c) The Director STEP 2: If the grievance is not settled at Step 1 and the employee, or the Union/Lodge if a Union/Lodge grievance, wished to appeal the grievance to Step 2 of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Departmentprocedure, it shall do so be submitted 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.
eDeputy Chief or his designee within ten (10) 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 seven (7) calendar business days after receipt of the appeal if no hearing is conductedSergeants/ designees answer in Step 1, or within fourteen ten (1410) calendar business days from of the close time when such answer would have been due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Chief or his designee shall investigate the grievance and, in the course of any hearing which such investigation, shall offer to discuss the grievance with the grievant and an authorized Union/Lodge representative, if one is conducted requested by the Campus Chancelloremployee, at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Chief or his designee shall provide a written answer to the grievant, or his designee.to the Union/Lodge if a
f) STEP 3: If the grievant or grievance is not settled at Step 2 and the Union wishes Union/Lodge desires to appeal from the decision of the Campus Chancellor, or his/her designeeappeal, it shall request mandatory arbitrationbe referred by the Union/Lodge in writing to the Village Administrator within ten (10) business days after receipt of the Villages answer in Step 2. Thereafter, in writingthe Village Administrator or his designee(s) and the Police Chief or other appropriate individual as desired by the Village Administrator shall meet with the grievant, the Union/Lodge representative involved and an outside, non‐employee representative of the Union/Lodge, if desired by the employee, within seven ten (710) calendar business days from date of receipt of the decisionUnion/Lodges appeal if schedules can be so arranged, but in no event longer than thirty (30) days unless mutually agreed. The If no agreement is reached, the Village Administrator or his designee shall submit a written request shall be directed answer to the Director of Labor and Employees Relations – Staff Human ResourcesUnion/Lodge within ten (10) business days following the meeting.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. aAll grievances as defined herein shall be processed in accordance with this procedure. All grievances, beginning at Step 2 shall be filed on forms provided by the City for that purpose. The City may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure. However, steps of the grievance procedure may be waived by mutual agreement between the parties.
A. STEP 1. Within fifteen (15) The employee(sdays of the act(s) and/or the union representative involved shall discuss omission(s) giving rise to the grievance with or within fifteen (15) days of the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if time the grievance has employee or EGPOA should reasonably have been filed by an employee.
baware of said act(s) If no agreement is reached in the above grievance meetingand/or omission(s), the grievance shall be reduced to writing and submitted discussed informally with the person or persons most directly responsible for the circumstances which gave rise to the Director of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or duegrievance. The appeal shall designated person to be directed to hear a Step 1 grievance is the Labor and Employee Relations Section of Staff Human Resources, as the Chancelloremployee’s designee.
e) The Campus Chancellor, service area commander or his/her designee. If the grievance is not resolved within fifteen (15) days of the date on which it is first presented at Step 1, the grievant may proceed to Step 2.
B. STEP 2. Within fifteen (15) days of receipt of the Step 1 answer, or if no answer is given, within thirty (30) days of the Step 1 meeting, the grievant, if still dissatisfied, shall fully investigate file with the Police Chief, a formal written grievance, including conducting a hearing if so requested by the Union or grievant. The Campus Chancellor, designated person to hear a Step 2 grievance is the Police Chief or his/her designee, . Within fifteen (15) days of the receipt of the formal grievance the Police Chief or designee shall issue meet with the Campus Decision on grievant to discuss the grievancematter. The Police Chief or designee shall respond to the grievant, in writing, within seven fifteen (715) calendar days after receipt of the appeal Step 2 meeting. The Step 2 response shall include the position of the Police Department and the reasons therefore, as related to the grievance.
C. STEP 3. Within fifteen (15) days of the Step 2 response or, if no hearing Step 2 response is conductedreceived, or within fourteen thirty (1430) calendar days from the 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 ChancellorStep 2 meeting, the grievance may be presented in writing to the City Manager. The designated person to hear a Step 3 grievance is the City Manager or his/her designee, it . The City Manager or designee shall request mandatory arbitration, in writing, conduct such investigation as is deemed appropriate and shall issue a written determination within seven thirty (730) calendar days from date of receipt of the decisiondate on which the grievance is first presented at Step 3. If the City Manager or designee fails to issue a written determination within the prescribed period of time or if the determination is not satisfactory to the grievant, the EGPOA may request that the matter be submitted to binding arbitration. The written request City Manager or designee shall be directed to the Director final level of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended appeal for grievances not represented by mutual written agreement between the appropriate partiesEGPOA. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.DocuSign Envelope ID: 80EC75BE-DC84-43CA-A890-69324DC9AC7A
Appears in 1 contract
Sources: Memorandum of Understanding
Procedure. a) The employee(s) and/or If a decision is not returned to the union representative involved shall discuss Union within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance with to the immediate supervisorCounty representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the grievance/appeal is not filed within the time limits, the grievance/appeal shall be considered resolved. S tep 1. The Union grievance shall be filed by the employee or shop ▇▇▇▇▇▇▇ may attend this grievance meeting if with the employee's Supervisor within ten (10) working days of the occurrence which gave rise to the grievance has been filed by an employee.
b) If no agreement is reached in or when the above grievance meeting, employee or Union should have reasonably had first knowledge of the grievance. Such grievance shall be reduced filed on a standard County grievance form, shall set forth the specific contract provisions alleged to writing have been violated and submitted include the proposed remedy. Within five (5) working days of receipt of the written grievance, the Lieutenant shall meet with the employee. Within five (5) working days thereafter, a written decision shall be given to the Director of the Department within seven (7) calendar days from the date of the employee. S tep 2. If a grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Departmentis not settled at Step 1, it shall do so in writing within fourteen (14) calendar days after may be presented to the Department's decision is received Bureau Chief or duedesignee. The appeal grievance shall to be directed to the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designee.
esubmitted within ten (10) 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 seven (7) calendar working days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) If the grievant decision at Step 1 or the Union wishes to appeal from the decision expiration of the Campus Chancellortime limits, or his/her designeewhichever is earlier. Such appeal shall be written on a standard County grievance form, it shall request mandatory arbitrationset forth the specific contract provisions alleged to have been violated, in writing, within seven the reason for dissatisfaction and include the proposed remedy. Within ten (710) calendar working days from date of receipt of the decisionwritten grievance, the Corrections Administrator or designee, shall meet with the employee and/or representative. Within ten (10) working days thereafter, a written decision shall be given to the grievant or representative. S tep 3. If the grievance is not settled at Step 2, it may be presented to the Sheriff or designee. The written request grievance shall be directed submitted within ten (10) working days after receipt of the decision at Step 2 or the expiration of the time limits, whichever is earlier. Such appeal shall be written on a standard County grievance form, shall set forth the specific contract provision alleged to have been violated, the Director of Labor reason for dissatisfaction and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between include the appropriate partiesproposed remedy. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.Within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or An employee who has a grievance concerning the union representative involved interpretation, application, administration or alleged violation of this Agreement shall process such grievance in the following manner. Before a written grievance is filed, the employee shall discuss the subject of the potential grievance with the his or her immediate supervisor.
(a) An employee grievance must be submitted in writing on forms provided by the union to his immediate supervisor within four (4) working days of the actual occurrence leading to the grievance unless the employee can demonstrate that she was unaware of such occurrence and could not reasonably be expected to have been aware. In such case the grievance must be submitted within four (4) working days of the time she became aware of the occurrence. The Union supervisor shall provide a written reply to the grievance within four (4)working days from the date the grievance is submitted; Failing settlement at Step the grievance may be forwarded to the Administrator or his designate within five (5) working days of the Supervisor's decision. A meeting will then be held within ten (10) working days of the Supervisor's decision between the Administrator or his designate and the employee who may be accompanied by his ▇▇▇▇▇▇▇ may attend and, if requested by either party, the Business Agent or an International Representative of the Union. The decision of the Administrator or his designate shall be given in writing within five (5) working days following this grievance meeting if meeting. Should the Administrator or his designate fail to render his decision as required in Step or, failing settlement at Step the grievance may be referred to arbitration within five (5) working days of the Administrator's or his designate's decision in accordance with Article A claim by an employee who has completed his probationary period that he has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance discharged without just cause shall be reduced to writing and submitted treated as a grievance, if a written statement of such is presented to the Director Administrator or his designate within four (4) working days of the Department within seven (7) calendar days from the date of the discharge. The grievance meeting with the immediate supervisor.
c) The Director of the Department shall thereafter be discussed commencing at Step as referred to in Article A Union policy grievance or his/her designee shall study the an Employer grievance and respond may be submitted in writing within seven (7) calendar days. This response from to the Director or his/her designee will be the final position of the Department.
d) If the grievant Administrator or the Union wishes to appeal from Business Agent, as the decision of the Departmentcase may be, it shall do so in writing within fourteen ten (1410) calendar working days after the Department's decision is received circumstances giving rise to the grievance have originated or dueoccurred. The appeal shall to be directed to Administrator or the Labor and Employee Relations Section of Staff Human ResourcesBusiness Agent, as the Chancellor’s designee.
e) The Campus Chancellor, or his/her designeecase may be, shall fully investigate give a written reply to the grievance within five (5) working days receiving the grievance. Failing settlement, including conducting a hearing if so requested the grieving party may refer the grievance to Arbitration within five (5) working days of the written reply in accordance with Article It is expressly understood that the provisions of Article may not be used by the Union to institute a grievance directly affecting an employee or grievantemployees which such employee or employees could have themselves instituted and the provisions of Article shall not thereby be by-passed. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt Any of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits above may be extended by mutual written agreement between agreement. In determining the appropriate parties. The time within which any action is to be taken or completed under the terms of this Article, such time limits for a grievance shall toll for the duration be exclusive of a leave of absence or layoffSaturdays, Sundays and Holidays.
Appears in 1 contract
Sources: Collective Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievance, as defined in Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisorfollowing procedure:
STEP 1. The Union ▇▇▇▇▇▇▇ may attend An employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAgreement shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven fifteen (715) calendar days from after such alleged violation has occurred, present such grievance in writing to the date Representative designated by the Employer. The Employer-designated representative will discuss and give an answer in writing to such Step 1 grievance within fifteen (15) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing and shall set forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based, the provision or provisions of the Department or his/her designee Agreement allegedly violated, the remedy requested, and shall study the grievance and respond in writing be appealed to Step 2 within seven fifteen (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1415) calendar days after the Department's decision is received or dueEmployer-designated representative’s final answer to Step 1. The appeal shall Any grievance not appealed in writing 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 Step 2 by the Union or grievantwithin fifteen (15) calendar days shall be considered waived. If there is a conflict of interest with the Supervisor hearing Step 1 of the grievance procedure, Step 1 of the Grievance Procedure shall be waived and moved to Step 2 of the Grievance Procedure.
STEP 2. If appealed, the written grievance shall be presented in writing by the Union and discussed with the Step 2 representative, the City Administrator. The Campus Chancellor, or his/her designee, City Administrator shall issue give the Campus Decision on Union the grievance, Employer’s Step 2 answer in writing, writing within seven fifteen (715) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen fifteen (1415) calendar days from following the close of any hearing which is conducted City Administrator’s final answer in Step 2. Any grievance not appealed in writing to Step 3 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, within seven fifteen (715) calendar days from date shall be considered waived.
STEP 3. A grievance unresolved in Step 2 will be appealed to mediation through the Bureau of receipt Mediation Services.
STEP 4. A grievance unresolved in Mediation and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the decisionthis Public Employment Labor Relations Act of 1971, as amended. The written request selection of an arbitrator shall be directed to made in accordance with the Director “Rules Governing the Arbitration of Labor and Employees Relations – Staff Human ResourcesGrievances”.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. (a) The employee(sStep 1 - Any grievance which arises shall be presented in writing by or on behalf of the Employee to the Employee’s building principal within seven (7) and/or business days of the union representative involved shall discuss occurrence of the event giving rise to the grievance. For purposes of this grievance procedure, the date of the occurrence of the event giving rise to the grievance with shall be the immediate supervisorlater of the date upon which the event actually occurs or the date upon which the Employee affected knows or reasonably should have known of such event had the Employee exercised reasonable diligence. The Union ▇▇▇▇▇▇▇ If the grievance is not resolved at Step 1 or if no decision has been rendered within ten (10) business days of submission to the Principal, the Association may attend this forward the grievance meeting onto Step 2 of the grievance process.
(b) Step 2 - If the grievance properly has been presented pursuant to Step 1 and, if the grievance matter has not been filed by an employee.
b) If no agreement is reached in the above grievance meetingsatisfactorily settled, the grievance shall be reduced to writing and submitted to the Director Superintendent within five (5) business days of the Department within seven Step 1 response being received by the Association or, if no response was rendered, five (75) calendar business days from the date day ten (10) of the submission date. If the grievance meeting is not resolved at Step 2 or if no decision has been rendered within ten (10) business days of submission to the Superintendent, the Association may submit the grievance to the School Board.
(c) Step 3 - If the grievance properly has been presented pursuant to Steps 1 and 2 and if the matter has not been satisfactorily settled, the grievance shall be submitted to the School Board within five (5) business days of the Step 2 response being received by the Association or, if no response was rendered, five (5) business days from day ten (10) of the submission date. If the grievance is not resolved at Step 3 or if no decision has been rendered within ten (10) business days of submission to the School Board, the Association may submit the grievance to arbitration.
(d) Step 4 - If the grievance properly has been presented pursuant to Steps 1, 2 and 3 and if the matter has not been satisfactorily settled, the Association may submit the grievance to arbitration within ten (10) business days of the Association’s receipt of the School Board decision or if no decision was rendered within ten (10) business days from day ten (10) of the submission date. Within ten (10) days after submission to arbitration, the School Board and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree, an arbitrator shall be selected in accordance with the immediate supervisorprocedures of the Bureau of Mediation. The Arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement, nor shall the Arbitrator have the power to require any act which violates that law or this Agreement. The decision(s) of the Arbitrator shall be final and binding upon the School District, the Association and the Employee(s).
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 Chancellorcost of arbitration shall be borne equally by the parties.
(f) Time shall be the essence of this grievance procedure, and in the event the time limits hereinabove set forth are not strictly adhered to by the Association and the respective Employees, the grievance concerned shall be deemed waived. At any stage when the School District has not rendered a decision, the grievance shall be deemed denied. During the regularly scheduled work year, only scheduled work days for Employees shall be counted as "business days" for the purpose of computing days of elapsed time in the grievance procedure. During the summer recess between work years, days upon which the School District’s administrative office is not open shall not be considered “business days” and shall not be counted for purposes of computing days of elapsed time in the grievance procedures. If an office at which a grievance is to be presented is closed on the date for presentation, the grievance may be presented at the School District’s administrative office.
(g) Unless the law shall otherwise require, Employees shall not be paid while engaged in the presentation of grievances, nor shall grievances be processed during school hours, regardless of the Employee’s capacity in the grievance presentation. While an Employee may present his or his/her designeeown grievance, shall fully investigate but not proceed without the Association to arbitration, the Association may be represented and may present its position at each step of the grievance. The School District shall notify the Association of the filing of each grievance. Except for necessary witnesses, including conducting neither the Association nor the grievant shall be represented by more than two Association representatives who are Employees, during a hearing if so requested grievance presentation.
(h) There shall be no reprisals by either party or any Employee against any person by reason of such person’s proper participation in a grievance procedure.
(i) Settlements of grievances shall be in writing and shall be signed by the Union or grievant. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeeparties participating therein.
f(j) 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, Forms for use in writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor grievance presentation are marked Appendix “B-1” through “B- 3,”attached hereto and Employees Relations – Staff Human Resourcesmade a part hereof.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. aRecognizing that grievances should be raised and settled promptly, a grievance must be raised within seven (7) The employee(scalendar days as provided in Step 1 below. A grievance may be initiated by a ▇▇▇▇▇▇▇, an aggrieved employee or the Metropolitan Alliance of Police on behalf of a group of employees (class grievance). Grievances regarding discipline imposed by the Chief (or authorized designee) will be filed at Step 4. A grievance shall be processed as follows:
Step 1: Any employee and/or the union representative involved shall discuss the grievance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this who has a grievance meeting if shall submit the grievance has been filed by an in writing to the employee.
b) If no agreement is reached 's (in the above grievance meetingmost cases, the Sergeant in charge) immediate supervisor, specifically indicating that the matter is a "grievance" under this Agreement. The grievance shall be reduced to writing and submitted to the Director contain a general statement of the Department within facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be presented no later than seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director occurrence of the Department or his/her designee shall study matter giving rise to the grievance and respond in writing or within seven (7) calendar days. This response from days after the Director or his/her designee will be employee, through the final position use of reasonable diligence, could have obtained knowledge of the Department.
d) If occurrence of the event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen seven (147) calendar days after the Department's decision grievance is received presented or dueat a mutually agreed upon time between the employee and his supervisor within seven (7) days.
Step 2: If the grievance is not settled at Step 1 and the employee, or the Union if a Union grievance, wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the appropriate Division Deputy Chief within seven (7) calendar days of receipt of the answer in Step 1. The appeal grievance shall to be directed to specifically state the Labor and Employee Relations Section basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Division Deputy Chief shall investigate the grievance and, in the course of Staff Human Resources, as the Chancellor’s designee.
e) The Campus Chancellor, or his/her designeesuch investigation, shall fully investigate offer to discuss the grievancegrievance within seven (7) calendar days with the grievant and an authorized Union business representative, including conducting a hearing if so one is requested by the Union or employee, at a time mutually agreeable to the parties. If no settlement of the grievance is reached, the Division Deputy Chief shall provide a written answer to the grievant. The Campus Chancellor, or his/her designee, shall issue to the Campus Decision on the Union if a Union grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeefollowing their meeting.
f) Step 3: If the grievant grievance is not settled at Step 2 and the employee, or the Union if a Union grievance, wishes to appeal from the decision grievance to Step 3 of the Campus Chancellor, or his/her designeegrievance procedure, it shall request mandatory arbitration, be submitted in writing, writing designated as a "grievance" to the Police Chief within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.answer in Step
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or A. First Step: An attempt shall be made to resolve any complaint by means of an informal, verbal discussion between the union complainant and the immediately involved administrator. This discussion, after the event giving rise to the grievance, between the involved parties shall complete this step.
B. Second Step: If the grievance cannot be resolved informally, the aggrieved employee or the representative involved of the aggrieved employee shall file the grievance in writing. At a mutually agreeable time, the aggrieved employee and the Union representative, if desired, shall discuss the grievance matter with the immediate supervisorPrincipal or Assistant Superintendent when applicable and the immediately involved administrator with the objective of resolving the matter. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if filing of the grievance has been filed by an employeeat the second step must be twenty-five (25) school days from the date a reasonably alert person would be aware of the event giving rise to the grievance. The Principal or Assistant Superintendent shall make a decision and communicate it in writing to the employee within ten (10) school days of the filing of the grievance.
b) If no agreement is reached in C. Third Step: In the above event a grievance meetinghas not been satisfactorily resolved at the second step, the grievance shall be reduced to writing and submitted to aggrieved employee, or the Director representative of the Department aggrieved employee, shall file within seven (7) calendar school days from the date of the Principal's or Assistant Superintendent's written decision or answer at the second step an appeal to the Superintendent of District 229 (Hereinafter referred to as the Superintendent). Within seven (7) school days after such written grievance meeting with is filed, the immediate supervisor.
c) The Director aggrieved, the representative of the Department aggrieved, the immediately involved administrator, and the Superintendent or his/her his designee shall study meet to resolve the grievance grievance. The Superintendent or his designee shall file and respond in writing answer within seven (7) calendar daysschool days of the third step grievance meeting and communicate it in writing to the employee, the immediately involved administrator, and the Union.
D. Fourth Step: Appeal to the Board. This response from In the Director event a grievance has not been satisfactorily resolved at the third step, the aggrieved employee, or his/her designee the representative of the aggrieved employee, shall file within forty-five (45) days of the Superintendent's written decision or answer at the third step and appeal to the Board of Education. The aggrieved and/or the grievance committee will present an oral and written statement of position to the Board of Education. It will be the final position intent of the Department.
d) If Board to consider such grievance, whenever practicable, at the grievant or the Union wishes to appeal from the decision regularly scheduled meeting next following submission of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall to be directed grievance to the Labor and Employee Relations Section of Staff Human ResourcesBoard level. In no event, as however, will such grievance be considered later than the Chancellor’s designee.
e) The Campus Chancellorsecond regularly scheduled meeting following submission. Upon request, or his/her designee, shall fully investigate the grievance, including conducting a Board will consider whether to hold an oral hearing if so requested by the Union or grievant. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance.
E. Fifth Step: Binding Arbitration. If the grievance is not resolved satisfactorily to the Union within five (5) days after consideration by the Board, there shall be available a fifth step of impartial arbitration. The Union may submit in writing, writing a request to enter into such arbitration. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) calendar days after receipt of the appeal if no hearing said notice is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.
f) given. If the grievant or the Union wishes two parties fail to appeal from the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, in writing, reach agreement on an Arbitrator within seven (7) calendar days from date days, the American Arbitration Association will be requested to provide a panel of receipt seven (7) arbitrators. Each of the decisiontwo parties will alternately strike one name at a time from the panel until only one shall remain. The written request remaining name shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate partiesArbitrator. The time limits for a grievance decision of the Arbitrator shall toll for the duration of a leave of absence or layoffbe binding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) All grievances shall be presented in the following manner:
1. STEP 1. The employee(s) and/or aggrieved employee, who may be represented by another person, shall present the union representative involved shall discuss facts relative to the grievance with to the appropriate immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if supervisor or Lieutenant within thirty (30) working days of the date on which the grievance has been filed by an employee.
b) If no agreement is reached arises, except as provided otherwise in the above grievance meeting, the this Agreement. Such grievance shall be reduced in writing, and shall include: a statement of the grievance and the facts relative to it, a statement of the alleged violation of the Agreement and a statement of the remedy requested. Prior to filing any such written grievance every effort will be made to resolve the matter informally. The supervisor shall render a decision in writing and submitted to the Director grievant within five (5) working days from the day the grievance is presented. The parties agree to submit any issue involving the grievability of a grievance, standing and/or timeliness of filing the grievance to Step 5 Arbitration in an expedited manner. Once an advisory arbitrator has been agreed to, the parties shall submit briefs to the arbitrator on the issue of grievability or timeliness. No hearing need be held on these issues unless one of the Department parties requests. Once the briefs have been filed and the hearing, if any, has been held, the arbitrator shall provide the parties with a decision within seven 30 calendar days. A hearing on the substance of the grievance will only be held if the arbitrator decides the grievance raises a grievable issue under the contract or has been timely filed.
2. STEP 2. If the grievance is not resolved in STEP 1, the grievant may appeal it to the appropriate Captain within five (75) calendar working days from the date a decision was rendered in STEP 1, above. Such appeal shall be in writing, and shall include a statement of the grievance meeting with and the immediate supervisor.
c) The Director facts relative to it and a statement of the Department or his/her designee remedy requested. Within ten (10) working days of receiving such appeal, the Captain shall study arrange a meeting between himself, the aggrieved employee, and the employee's representative (if applicable), to review the grievance. The Captain shall render a written decision on the grievance and respond in writing within seven ten (710) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar working 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 designeemeeting.
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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Memorandum of Understanding
Procedure. a) A grievance shall be processed in the following manner:
A. The affected employee(s) and/or the union representative involved Association shall submit the grievance in writing to the affected employee's immediate supervisor within twenty (20) calendar days after the grievant becomes aware of its occurrence or should have been aware of the occurrence. The supervisor shall promptly forward the grievance to the district/division commander. The grievance shall state the facts of the grievance, the date on which the incident occurred, the Article and Section of the Agreement alleged to be violated, and the remedy sought. The division/district commander shall respond in writing within thirty (30) calendar days of receipt of the grievance. The district/division commander shall consult with the WSP Labor and Policy Advisor prior to making his/her decision on the grievance.
B. The response to a grievance up to and including the district/division level shall not set a precedent for any future grievance and shall not be introduced as evidence of past practice or for any other purpose in an arbitration proceeding. This shall apply only to a grievance over matters which may differ from district to district or division to division. Nothing in this Section shall be interpreted to allow the Employer or the Association to violate this Agreement.
Step 2 If the grievance is not resolved at Step 1 the grievant and/or Association may present it in writing to the Chief within twenty (20) calendar days after the response specified in Step 1 is received. The Chief or the Chief’s designee shall schedule a hearing with the Association and the grievant to discuss the grievance grievance. The grievant’s participation shall not be mandatory but shall be strongly encouraged. The WSP Labor and Policy Advisor, in consultation with the immediate supervisorChief, shall attempt to resolve the grievance after considering the information provided by the grievant and Association. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if Chief or designee shall respond in writing within twenty (20) calendar days after the hearing.
A. If the grievance has been filed by an employee.
b) If no agreement is reached in unresolved at Step 2 the above grievance meeting, Association may refer the grievance shall be reduced to writing and submitted to the Director arbitration within thirty (30) calendar days after receipt of the Department response specified in Step 2. The parties shall jointly attempt, within seven ten (710) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director written appeal of the Department grievance to arbitration, to select an arbitrator. If the parties are unable to agree on a neutral third party after ten days, either party may request a list of 9 arbitrators from either PERC’s dispute resolution panel of arbitrators or his/her designee though FMCS; if the parties don’t agree on which list to use, a coin flip will determine the list. The parties shall study the grievance and respond in writing within seven use an alternate strike method after a coin flip (7) calendar days. This response winner choses who strikes first).The arbitrator shall be selected from the Director or his/her designee will be same list and in the final position same manner as set forth in Subsection 20.4 E. The parties shall complete the striking of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing names within fourteen ten (1410) calendar days after of the Department's decision is received or duereceipt of the list, unless otherwise agreed. The appeal arbitrator shall be notified of the selection by a letter from either the Employer or the Association. All arbitration hearings shall be held in TacomaOlympia, Washington (unless the parties mutually agree otherwise).
B. The arbitrator shall act in a judicial, not legislative, capacity and shall have no right to be directed recommend to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall only consider and make a decision with respect to the Labor specific issue submitted and Employee Relations Section shall have no authority to make a decision on any other issue not so submitted to the arbitrator. In the event the arbitrator finds a violation of Staff Human Resourcesthe terms of this Agreement, as the Chancellor’s designee.
e) The Campus Chancellor, or his/her designee, arbitrator shall fully investigate the grievance, including conducting a hearing if so requested by the Union or grievantfashion an appropriate remedy. The Campus Chancellor, arbitrator shall be without power to make a decision contrary to or his/her designee, inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of any state law. The arbitrator shall issue the Campus Decision on the grievancesubmit, in writing, the decision within seven thirty (730) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from following the close of any the hearing which is conducted or the submission of briefs by the Campus Chancellorparties, whichever is later, unless the parties agree in writing to an extension. The decision shall be based solely upon the arbitrator's interpretation of the meaning or his designeeapplication of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final; however, a decision which exceeds the authority granted herein may be appealed to a court of proper jurisdiction.
fC. More than one (1) If grievance may be submitted to the grievant or the Union wishes to appeal from the decision of the Campus Chancellor, or his/her designee, it shall request mandatory arbitration, same arbitrator if both parties mutually agree in writing, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or If a decision is not returned to the union representative involved shall discuss Guild within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance to the County representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the grievance/appeal is not filed within the time limits, the grievance/appeal shall be considered resolved. The time limits set forth above may be extended by mutual agreement of the Employer and the Guild. The grievance procedure shall consist of the following listed steps unless waived by mutual consent of the parties.
Step 1. The grievance shall be filed by the employee or Guild Representative with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if employee's Lieutenant within fifteen (15) working days of the occurrence which gave rise to the grievance has or when the employee or Guild should have reasonably had first knowledge of the grievance. Such grievance shall be filed on a standard County grievance form, shall set forth the specific contract provisions alleged to have been filed by an violated and include the proposed remedy. Within five (5) working days of receipt of the written grievance, the Lieutenant shall meet with the employee. Within fifteen (15) working days thereafter, a written decision shall be given to the employee.
b) Step 2. If no agreement a grievance is reached in not settled at Step 1, it may be presented to the above grievance meeting, the Bureau Chief or designee. The grievance shall be reduced to writing and submitted to the Director of the Department within seven ten (710) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 seven (7) calendar working days after receipt of the decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designee.shall
f) Step 3. If the grievant or the Union wishes to appeal from the decision of the Campus Chancellor, or his/her designeegrievance is not settled at Step 2, it may be presented to the Sheriff or designee. The grievance shall request mandatory arbitration, in writing, be submitted within seven ten (710) calendar working days from date of after receipt of the decisiondecision at Step 2 or the expiration of the time limits, whichever is earlier. The written request Such appeal shall be directed written on a standard County grievance form, shall set forth the specific contract provision alleged to have been violated, the Director of Labor reason for dissatisfaction and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between include the appropriate partiesproposed remedy. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.Within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or All questions, disputes and controversies arising under this Agreement or any supplement hereto shall be adjusted and settled within the union representative involved shall discuss terms and conditions as set forth in this Agreement in the grievance with the immediate supervisormanner provided by this Article, unless other- wise expressly provided in this Agreement. The Union pro- cedure for such adjustment and settlement shall be as follows:
Step 1: Any grievance of a Flight Attendant shall first be taken up between such Flight Attendant and the Company’s Supervisor. However, such Flight Attendant will be entitled to be accompanied by a Shop ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
bof his or her choice or a Union Representative. Time limit to institute grievance: Termination or layoff ten days; all others - thirty (30) If no agreement is reached in the above grievance meeting, the Step 2: Failing settlement under Step such grievance shall be reduced taken up between the Company’s Regional Manager, In-flight and a Shop ▇▇▇▇▇▇▇ or Local Union Repre- sentative. Except by mutual agreement between the Union and the Company pro- viding for an extension of time Step must be completed with ten (10) days (exclusive of Saturdays, Sundays and Holidays) from the completion of Step Step 3: Failing settlement under Step such grievance and any question, dispute or con- troversy that is not of a kind that is subject to Steps and the grieving party shall reduce grievance to writing stating the alleged to have been violated which will be referred to and submitted to taken up between two Union representatives selected by the Director Union and two (2) Company representatives appointed by an of the Department Company. Such written notice and meeting must take place within seven ten days (7exclusive of Saturdays, Sundays and Holidays) calendar days from the date completion of Step Except by mutual agreement between the grievance meeting with Union and the immediate supervisor.
cCompany providing for an extension of time, Step must be complet- ed within ten (10) The Director days (exclusive of Satur- days, Sundays and Holidays) from the Department or his/her designee shall study com- pletion of Step Step 4: Failing settlement under the grievance above Steps and respond in writing within seven fifteen (715) calendar days. This response from , the Director or his/her designee matter will be referred to an agreed upon neutral person to act as an Arbitrator who will meet with the final position parties to hear both sides of the Department.
d) If case. Failing to agree upon a neutral person, the grievant or the Union wishes Minister of Labour will be requested to appeal from the appoint a neutral Arbitra- tor. The Arbitrator shall be requested to hand down his decision within fourteen cal- endar days following completion of the Department, it hearing and his decision shall do so in writing within fourteen (14) calendar days after be final and binding on the Department's decision is received or duetwo parties to the dispute. The appeal shall to cost of the Arbitrator will 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 borne equally by the Union or grievantand the Company. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended Except by mutual written agreement between the Union and the Company, where either party requests an adjournment the party requesting the adjournment shall incur the full cost of the arbitration; such agreement will not be unreasonably denied. Grievances under this Article may be initiat- ed by any Flight Attendant, a group of Flight Attendants or by the Union. Where a Flight Attendant is suspended by the Company pending investigation, the suspension shall be with pay until such time as the Company makes a decision as to appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoffdiscipline.
Appears in 1 contract
Sources: Collective Agreement
Procedure. In the event that a grievance or a dispute involving the application, interpretation or administration of this Agreement is not settled through the grievance procedure, such matter shall be the subject of Arbitration in accordance with the procedure set out hereunder. Where the party initiating the Arbitration proceedings wishes to request Arbitration by a single Arbitrator, the notice referred to in Article shall so state.
a) The employee(s) and/or Where the union representative involved shall discuss party who receives the grievance with notice accepts the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingrequest for a single Arbitrator, the grievance shall be reduced parties will attempt to writing and submitted to reach agreement on the Director selection of the Department within seven (7) calendar days from the date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing a single Arbitrator within fourteen (14) calendar days after days. Where the Department's decision is received party who receives the notice rejects the request for a single Arbitrator or due. The appeal shall where the parties have failed 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 reach agreement on the grievance, in writing, within seven (7) calendar days after receipt selection of the appeal if no hearing is conducted, or a single Arbitrator within fourteen (14) calendar days, either party may submit the name of its appointee to a Board of Arbitration to the other party, in accordance with Articles of this Agreement within fourteen (14) calendar days. Where the parties have agreed to a single Arbitrator, the single Arbitrator shall be considered to be an Arbitration Board for purposes of this Agreement. Where the party initiating the Arbitration proceedings wishes to request Arbitration by a three person Board, the notice referred to in Article shall contain the first party's appointee to the Arbitration Board. The party receiving such notice shall, within fourteen (14) calendar days, notify the other party of its appointee to the Arbitration Board, failing which the Minister of Labour shall be empowered to make such appointment. Within fourteen (14) calendar days from following their nomination, the close of any hearing which is conducted by appointees to the Campus ChancellorBoard shall select a mutually acceptable appointee as a Chairman, or his designee.
f) If forward a request to the grievant or the Union wishes Minister of Labour for Manitoba to appeal from make such appointment. It is mutually agreed by both parties to this Agreement that the decision of the Campus ChancellorChairman, in the absence of a majority decision of the Board, shall be final, binding and enforceable upon the Employer, the Union and the Grievant. The Chairman or Board shall not be empowered to modify this Agreement, or his/her designeeto impose a settlement which is inconsistent with the provisions hereto. Any costs incurred by either party relative to an Arbitration procedure shall be borne by that party, it shall request mandatory arbitration, in writing, within seven (7) calendar days from date of receipt except that the costs of the decisionChairman of the Board shall be shared equally by the Employer and the Union. An employee who has been unjustly suspended or discharged in the opinion of the Board shall be immediately reinstated in his former position without loss of seniority. He may or may not be compensated for all time lost in an amount equal to his normal earnings during the pay period preceding such discharge or suspension, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or a Board of Arbitration. Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing time limits fixed in the arbitration procedure may be extended by mutual written agreement between and shall be confirmed in writing.
a) Seniority shall be defined as the appropriate partieslength of an employee's service since the last date on which he commenced work with the Employer. The time limits for a grievance Employees who have completed their probationary period shall toll for the duration of a leave of absence or layoff.be regarded as falling into two classes:
Appears in 1 contract
Sources: Collective Agreement
Procedure. a) The employee(s) and/or If a decision is not returned to the union representative involved shall discuss Union within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance with to the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached City representative specified in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department within seven (7) calendar days from the date next step of the grievance meeting with procedure. Grievances and appeals must be filed within the immediate supervisor.
c) The Director time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the Department or hisgrievance/her designee appeal is not filed within the time limits, the grievance/appeal shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or dueconsidered waived. 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director of Labor and Employees Relations – Staff Human Resources.
g) The foregoing set time limits may be extended by mutual written agreement between of the appropriate partiesEmployer and the Union. No claim shall be granted retroactively for more than ten (10) calendar days from the date of filing a grievance.
Step 1: The Employee shall first contact and attempt to informally resolve any concerns or grievance by meeting with their immediate supervisor. If not resolved informally, a written grievance shall be filed by the Employee or shop ▇▇▇▇▇▇▇ with the Employee's immediate supervisor within ten (10) working days of the occurrence which gave rise to the grievance or when the Employee should have reasonably had first knowledge of the occurrence. The time limits for Employee shall set forth the specific contract provisions alleged to have been violated and include the proposed remedy. Within five (5) working days of receipt of the written grievance, the supervisor shall meet with the Employee. Within five (5) working days thereafter, a written decision shall be given to the Employee.
Step 2: If a grievance is not settled at Step 1, it may be presented to the Public Works Director. The grievance shall toll be submitted within five (5) working days after receipt of the decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall be written and shall set forth the specific contract provisions alleged to have been violated, the reason for dissatisfaction, and include the duration proposed remedy. Within five (5) working days of receipt of the written grievance, the department director or designee shall meet with the Employee and/or representative. Within five (5) working days thereafter, a leave written decision shall be given to the Employee or representative.
Step 3: If the grievance is not settled at Step 2, it may be presented to the City Manager. The grievance shall be submitted within five (5) working days after receipt of absence the decision at Step 2 or layoffthe expiration of the time limits, whichever is earlier. Such appeal shall be written and shall set forth the specific contract provisions alleged to have been violated, the reason for dissatisfaction, and include the proposed remedy. Within ten (10) working days of receipt of the written grievance, the City Manager shall meet with the Employee and/or representative. Within ten (10) working days thereafter, a written decision shall be given to the Employee or representative. Grievances involving matters other than a suspension for more than twenty (20) days, reduction in rank or pay, or dismissal for cause are subject to only steps one, two and three of the grievance procedures contained herein.
Appears in 1 contract
Sources: Labor Agreement
Procedure. a▇. ▇▇ aggrieved employee must file his grievance in writing with his immediate superior within five (5) The employee(sworking days of the occurrence of the matter complained of, or within five (5) and/or working days after he/she (the union representative involved grievant) would have reasonably been expected to know of its occurrence. Failure to act within said time period shall constitute an abandonment of the grievance.
STEP 1: Once timely filed, the aggrieved employee, Union Shop ▇▇▇▇▇▇▇, and the employee's immediate supervisor shall discuss the grievance. If the grievance with is not resolved satisfactorily or if no resolution is made within three (3) workdays by the immediate supervisor, the grievance may be appealed to Step 2.
STEP 2: In the event there is not a satisfactory resolution of the grievance at Step 1 or an answer given within the time provided, the aggrieved employee with the Union Shop ▇▇▇▇▇▇▇, may present his grievance to the Township Grievance Committee within seven (7) work days thereafter. this Committee shall be comprised of the Township Administrator and two persons appointed by the Township Committee. Upon receipt of the grievance, this Committee shall investigate the grievance and shall render a decision thereon within ten (10) workdays.
STEP 3: In the event there is not a satisfactory resolution of the grievance at Step 2 or a decision rendered by the Township Grievance Committee within the time Union Shop ▇▇▇▇▇▇▇, and legal counsel, may appeal to the Township Committee, in writing within ten (10) work days thereafter. If the Grievant, in his appeal to the Township Committee, or the Union does not request a hearing, the Township Committee may consider the appeal on the written record submitted to it or the Township Committee may, on its own, conduct a Hearing; or it may request the submission of additional written material. Where additional written materials are requested by the Township Committee, copies thereof shall be given to the aggrieved employee who shall have the right to reply thereon. Where the Grievant requests, in writing, a hearing before the Township Committee, a hearing shall be held within thirty (30) work days from the date of the receipt of the written request. The Employee, together with his Union Business Representative, Union Shop ▇▇▇▇▇▇▇, and his/her legal counsel, may be present at the Hearing and shall be afforded an opportunity to present evidence and require the appearance of witnesses - if such witnesses are employees of the Township - to appear and testify on behalf of the grievant. The Township shall fully cooperate with the grievant, his/her Union Business Representative, Union Shop ▇▇▇▇▇▇▇ may attend this grievance meeting if and legal counsel, with respect to (a) the grievance has been filed by an employee.
production of any documents relevant to the issue at hand; and (b) If no agreement is reached in the above grievance meeting, the grievance production of employee witnesses. The Township Committee shall be reduced to writing and submitted to the Director of the Department render its written decision within seven thirty (730) calendar days from the date of the grievance meeting with Hearing, unless the immediate supervisorparties mutually agree in writing to extend the period in that particular instance.
c) The Director of STEP 4: If no satisfactory settlement can be agreed upon at Step 3, the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee will matter may be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall 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 referred by the Union or grievantto the New Jersey Public Employment Relations Commission (PERC) for Arbitration. The Campus Chancellor, or his/her designee, Union may invoke Step 4 no more than tow (2) times in a calendar year. This Arbitration provision shall issue sunset at the Campus Decision on execution of a new successor agreement unless the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decisionparties mutually agree otherwise. The written request Arbitrator shall determine any question of procedural arbitrability. Arbitrators shall be directed selected in accordance with PERC procedures for the selection of an Arbitrator to the Director of Labor hear and Employees Relations – Staff Human Resources.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate partiesdetermine labor disputes. The time limits for a grievance Arbitrator shall toll for the duration not have authority to amend or modify this agreement or establish new terms or conditions under this agreement. The Arbitrator shall determine any question of a leave of absence or layoffprocedural arbitrabifity.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or Employer and the CAW are responsible for advising a complainant when this policy applies; providing education regarding harassment; clarifying options available; identifying and assisting complainants in obtaining counseling; facilitating in the resolution process and informing the complainant of his or her rights to file a formal complaint with the Human Rights Commission, appropriate professional governing bodies, union representative involved shall discuss or charges under the Criminal Code. In addition, the Employer and the CAW will inform the complainant that he or she has the right to withdraw from any further action in connection with the complaint at any stage. All complaints will be held in strict confidence. The Employer and the CAW will document the complaint and the individual will be informed of rights. The Employer will bring the matter to the attention of the person alleged to be responsible for the conduct of harassment and will attempt to resolve the matter informally. If the harassment continues to occur, the respondent will be informed in writing of the allegations and a copy of the policy will be included. The respondent delegate will be given an opportunity to respond to the allegations either orally or in writing. An internal resolution will be attempted between the complainant and the respondent by the Employer and the CAW. Where the joint investigation results in a finding that the complaint of harassment is substantiated, the outcome of the investigation and any disciplinary action will be recorded in the personnel file of the respondent. The complainant will be informed of the outcome of the joint investigation undertaken by the Employer and the CAW. At the conclusion of this step the complaint, if unresolved by the complainant will be inserted into Step of the grievance procedure for resolution. In the event that the complaint is not resolved in Step of the grievance procedure it may be submitted to arbitration in accordance with the immediate supervisorprovisions of the Collective Agreement. The parties agree that this procedure is an alternative complaint procedure and as such complaints should not be pursued through both the grievance procedure and the Human Rights Complaint procedure. DATED at Ontario this day of AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) (for the Employer) (forthe Union) LETTER OF UNDERSTANDING BETWEEN MANOR THUNDER BAY A NA The employee acknowledges her obligations and the Employer acknowledges the obligations regarding an Early and Safe Return to Work and Labour Market Re-Entry programs as may be set out under the Workplace Safety and Insurance Act, and the Human Rights Code. The Union agrees that this collective agreement will be interpreted in such a way as to permit those obligations to be discharged. Each facility will review with the Union at the Labour Management Committee within three (3) months of ratification its Early and Safe Return to Work and Labour Market Re-Entry programs for work related injuries. The Employer agrees that its Early and Safe Return to Work and Labour Market Re-entry programs will include a statement that the Employer will make reasonable effort to provide modified duties. If, having commenced a work program, the employee raises an objection, the Employer will notify and meet with a member of the Union Committee to consult on the back to work program. Nothing in this language obligates the Employer to establish a work program, except as required by law. Signed at this day of MANOR, THUNDER BAY THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) (for the Employer) (for the Union) MANOR (THUNDER BAY) The parties agree that the abuse of residents will not be tolerated and that residents have a right to live in an environment that is free from abuse. For this reason, the parties agree to cooperate fully with one another in investigating any reported cases of abuse. Where an employee is required to leave the work place while an investigation is carried out in response to a complaint of abuse, such time will be with pay for all scheduled hours lost as a result of the absence. The Employer agrees that when an employee is sent home with pay pending investigation, and a Union Committee person is on site, the Union Committee person will be present at the time the employee is sent home. If a Union Committee person is not present, the Union Committee person will be advised not later than the next business day. All investigations will be completed as quickly as possible. Furthermore, the parties will work to ensure there is no retribution when an employee reports the abuse of a resident by another employee. The Union further agrees to work with the Employer to promote an abuse free environment for all resi den Signed at this day of MANOR, THUNDER BAY (for the Employer) THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) (for the Union) LETTER OF UNDERSTANDING MANOR (THUNDER BAY) Re: Sick Leave ▇▇▇ process In completing the Record of Employment the Employer agrees to complete the appropriate blocks including and indicate the start date of the sick leave and weekly amount. The parties agree that when an employee will be absent from work on a scheduled medical leave, they will receive their Record of Employment (▇▇▇▇) on their last worked shift, provided the employee provides as much written notice in advance as possible but not less than five (5) working days in advance. The parties further agree that when an employee is absent from work on sick leave not they shall be issued their ▇▇▇ may attend five (5) days following their last shift worked. It is understood that an employee otherwise eligible to apply for and receive sick leave without the full two week waiting period, shall nonetheless be provided the top-up of benefits from the Employer of El payments, and the employee shall be entitled, upon the completion of the sick leave coverage, to access the plan immediately for a total of eighteen (18) weeks from the commencement of the period. Signed at this grievance meeting if day of MANOR, THUNDER BAY (for the grievance has been filed by an employee.
bEmployer) If no agreement is reached in THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) (for the above grievance meetingUnion) Recognizing the mutual objective of quality care, the grievance shall be reduced Employer agrees to writing meet through the Labour Management Committee with the Union as soon as practical after the receipt of their annual results. The Employer agrees to provide the Union with staffing levels, the impact of related payroll costs on staffing levels and submitted to the Director a written notice of the Department within seven results for the facility. The purpose of this meeting is to discuss the impact of the changes on the staffing of the facility, and provide the union with an opportunity to make representation in that regard. The parties shall meet as necessary to discuss other changes or workload issues. The parties may invite additional participants to attend the meeting to support constructive review and discussion Signed at this day of AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (7CAW-CANADA) calendar days from LETTER OF UNDERSTANDING In the event the Employer considers changing the carrier of health and welfare benefits in place as of the ‘date of the grievance meeting with the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and respond in writing within seven (7) calendar days. This response from the Director or his/her designee ratification’, Greenshield will be the final position of the Department.
d) If the grievant or the Union wishes invited to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or duesubmit a proposal. 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.Signed at this day of
Appears in 1 contract
Sources: Collective Agreement
Procedure. a) The STEP #1. In the event that any difference or dispute should arise between the City and the Union or any employee(s) and/or over the union representative involved shall discuss application and interpretation of the grievance with terms of this Agreement, or over the immediate supervisor. The Union interpretation, application or violation of departmental policies, agreements, or administrative decisions, which affect working conditions of any employee(s), an ▇▇▇▇▇▇▇ may attend this grievance meeting if effort shall be made to settle such difference(s) between the grievance has been filed by an employee.
baggrieved employee(s) and his/her or their immediate superior within thirty (30) calendar days of the occurrence giving rise to the grievance. STEP #2. If no satisfactory agreement is reached in within the above grievance meetingprescribed thirty (30) calendar days, then the grievance shall be reduced to writing and submitted to the Director employee's Battalion Chief and Deputy Chief. STEP #3. If no satisfactory agreement is reached within five (5) calendar days, then a conference will be arranged with the Chief of the Department Department. STEP #4. Should no acceptable agreement be reached within seven an additional five (75) calendar days, then the matter shall be submitted to the Director who shall have ten (10) days from to submit a decision. The aggrieved employee has the date right to representation by an official of the grievance meeting with the immediate supervisor.
cUnion in Steps #2, #3 and #4 above. STEP #5. Arbitration. Within two (2) The Director weeks of the Department or transmittal of the Director's written answer, and if the grievance is not settled to the satisfaction of both parties, either party may request that the grievance be submitted to arbitration as hereinafter set forth. However, no arbitration hearing shall be scheduled sooner than thirty (30) days after the final decision by the Director. In the event the aggrieved elects to pursue Civil Service Procedure and invokes his/her designee rights and remedies under Civil Service Law, Rules and Regulations and Procedures, the arbitration hearing shall study be canceled and the grievance and respond in writing within seven (7) calendar daysmatter withdrawn from arbitration. This response from the Director or An employee who elects to proceed to arbitration shall be deemed to have waived his/her designee will right to proceed under Civil Service Law, Rules, Regulations and Procedures. In the event of any unresolved grievance, either party may submit such grievance to the New Jersey State Board of Mediation for the appointment of an impartial arbitrator in accordance with its Rules and Regulations. The arbitrator shall have the authority to hear and determine the grievance, and his/her decision shall be final and binding on all parties. The arbitrator shall have no right to vary or modify the final position terms and conditions of the Department.
dAgreement and shall decide the dispute within thirty (30) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or duehearing has been closed. The appeal expense of arbitration 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 borne equally by the Union or grievant. The Campus Chancellor, or his/her designee, shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the close of any hearing which is conducted by the Campus Chancellor, or his designeeparties.
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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) Informal Discussion(s): Whenever possible, an affected employee and/or the union representative involved Association and the administrator whose actions prompted the perceived contract violation, shall discuss the grievance meet to resolve problems through free and informal communication. A grievant shall first take up a complaint or problem with the grievant’s immediate supervisor, department head, or, with the human resources administrator in informal discussion(s). The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if grievant must attempt to schedule the grievance has been filed by an employee.
bfirst informal discussion within twenty (20) If no agreement is reached in work days of becoming aware of the above grievance meeting, the grievance alleged violation. Every effort shall be reduced made to writing and submitted resolve the complaint or problem at this level. If the employee is not satisfied with the informal discussion(s) relative to the Director of matter in question, he/she may proceed to the Department within seven (7) calendar days from the date of the formal grievance meeting with the immediate supervisor.
c) The Director of the Department or procedure Step 1. An employee may institute a grievance on his/her designee own recognizance or may request the assistance of the Association. Should the employee choose to file a grievance without the intervention of the Association, the Association shall study be afforded the opportunity to be part of the meeting(s) in which the adjustment is made. The adjustment shall not be in conflict with this Agreement. The proper procedure for pursuing adjudication of alleged grievance is as follows:
1. Within twenty (20) work days of the time the employee demonstrably knew or should have known of the alleged violation, the aggrieved will notify the appropriate supervisor of a desire to discuss a grievance and respond in writing within seven also state the fact that this action possibly constitutes a grievance. If there is a question as to the appropriate supervisor, Human Resources will make a determination.
2. Within ten (710) calendar dayswork days of notification of the alleged grievance, the appropriate supervisor will meet with the employee, either directly or accompanied by another person designated by the employee, and discuss the grievance. This response from Within fifteen (15) work days after the Director or discussion of the grievance, the supervisor shall give his/her designee will be response to the final position of the Departmentaggrieved.
d) 10.3.1 Step 1:
1. If the grievant or is not satisfied with the Union wishes to appeal from resolution, the decision of the Department, it shall 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 writinggrievant may, within seven ten (710) calendar work days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decisionresponse, submit District’s “Classified Grievance Claim” form containing (1) the facts on which the grievance is based; (2) a reference to provisions of this Agreement or District Policy or Rule allegedly violated; (3) the remedy sought.
2. Within ten (10) work days of receipt of the form, the appropriate supervisor shall submit a written response to theaggrieved.
10.3.2 Step 2:
1. If the grievant is not satisfied with the resolution at Step 1, the grievant may, within ten (10) work days of receipt of the written response in Step 1, submit the grievance to the Office of the Superintendent.
2. Within ten (10) work days of receipt of the grievance, the Office of the Superintendent or designee shall conduct a hearing to investigate and review the grievance. Both the grievant and the Association shall be notified of the date, time, and place of the hearing. The employeeshall be entitled to Association representation at the hearing. Within ten (10) work days after the hearing, the Superintendent or designee shall provide the grievant with a written request shall be directed to answer and explanation thereof, based on the Director of Labor and Employees Relations – Staff Human Resourcesdata gathered at that hearing.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. a) The employee(s) and/or the union representative involved Grievances, as defined by Section 7.1, shall discuss the grievance be resolved in conformance with the immediate supervisor. The Union ▇▇▇▇▇▇▇ may attend following procedure:
Step 1 An Employee claiming a violation concerning the interpretation or application of this grievance meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meetingAgreement shall, the grievance shall be reduced to writing and submitted to the Director of the Department within seven twenty-one (721) calendar days from after such alleged violation has occurred, present such grievance to the date Employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2, shall be placed in writing setting forth the nature of the grievance meeting with grievance, the immediate supervisor.
c) The Director facts on which it is based; the provision or provisions of the Department or his/her designee Agreement allegedly violated; the remedy requested; and shall study the grievance and respond in writing be, appealed to Step 2 within seven ten (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Department, it shall do so in writing within fourteen (1410) calendar days after the Department's decision is received or dueEmployer-designated representative’s final answer to Step 1. The appeal shall Any grievance not appealed in writing 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 Step 2 by the Union or grievantwithin ten (10) 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 Campus Chancellor, or his/her designee, Employer-designated representative shall issue give the Campus Decision on Union the grievance, Employer’s answer in writing, writing within seven ten (710) calendar days after receipt of the appeal if no hearing is conducted, or such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within fourteen ten (1410) calendar days from following the close of any hearing which is conducted Employer- designated representative’s final answer in Step 2. Any grievance not appealed in writing to Step 3 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, within seven ten (710) calendar days from date of receipt shall be considered waived. If the grievance is not resolved at Step 2 of the decisiongrievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of mediation shall be considered waived.
Step 3 A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The written request selection of an arbitrator shall be directed to made in accordance with the Director “Rules Governing the Arbitration of Labor and Employees Relations – Staff Human ResourcesGrievances” as established by the Bureau of Mediation Services.
g) The foregoing time limits may be extended by mutual written agreement between the appropriate parties. The time limits for a grievance shall toll for the duration of a leave of absence or layoff.
Appears in 1 contract
Sources: Labor Agreement
Procedure. a) The employee(s) Except for grievances concerning dismissal, sexual harassment, and/or human rights, and Union grievances with corporate policy implications, grievances shall proceed through the union representative involved shall discuss to a single for the purpose of resolving the grievance with the immediate supervisorin an expeditious and informal manner. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if shall endeavour to assist the parties to settle the grievance has been filed by an employee.
b) mediation. If no agreement is reached in the above parties are unable to settle the grievance meetingby mediation, the shall determine the grievance shall be reduced to writing by arbitration. When determining the grievance by arbitration, the mediator/ arbitrator may limit the nature and submitted to the Director extent of the Department evidence and may impose such conditions as he or she considers appropriate. The mediator/ arbitrator shallgive a succinct decision within seven five (75) calendar days from after completing proceedings, unless the parties agree otherwise. The shall begin proceedings within six (6) months of the date of the grievance meeting referral to the unless a later date is agreed to by the parties. The will adopt such proceduresas are necessary to ensurethe resolution of disputeswithin the proceduresand time frames set out above. The parties will make every effort to schedule grievances for hearing, that have been referred to the within six (6) months of the referral. Grievances concerning dismissal, sexual harassment, and/or human rights, and Union grievances with corporate policy implications shall proceed throughthe regular arbitrationprocedure and shallnot utilize this mediation/ arbitration procedure except with the immediate supervisor.
c) The Director mutual agreement of the Department or his/her designee parties. Decisions reached through the process shall study have no value unless the grievance and respond in writing within seven (7) calendar daysparties agree otherwise. This response from REVIEW PROCESS The parties agree that any dispute arising out of Article shall be referred to the Director or his/her designee will Joint Review Process. Should the matter not be the final position of the Department.
d) If the grievant or the Union wishes to appeal from the decision of the Departmentresolved at that level, it shall do so in writing within fourteen proceedwithin fifteen (1415) calendar days after the Department's decision is received or dueto an available arbitrator drawn from a list of agreed upon mediator-arbitrators. The appeal shall parties agree that the standard 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 used by the Union or grievantmediator-arbitrator shall be arguable relevance. The Campus Chancellor, or his/her designee, burden of proof in Article will rest with the party asserting the need for the information. Any such hearing on issues referred to a mediator-arbitrator under Article shall issue the Campus Decision on the grievance, in writing, within seven (7) calendar days after receipt be limited to hearings of no more than one day. The Joint Review Process is an integral part of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decisiondispute resolution mechanism. The written request shall be directed parties agree to the Director 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 time limits for a grievance shall toll meet in such process for the duration of a leave of absence or layoff.following reasons:
Appears in 1 contract
Sources: Collective Agreement
Procedure. aThe purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. Such a grievance shall be presented and processed in accordance with the steps, time limits and conditions herein set forth. It is the mutual desire of the parties that complaints of Employees shall be adjusted as quickly as possible, and it is understood that an Employee has no grievance until the Employee first discusses the complaint with the responsible Supervisor. The complaint must be discussed with the Supervisor within five (5) days after the circumstances giving rise to it have occurred. Any complaint not presented within five (5) days shall be forfeited by the aggrieved Employee. The employee(sSupervisor shall give her response verbally within two (2) and/or days of receiving the union representative involved Employee’s complaint. If the complaint is not settled as provided for above, the Employee may submit a written grievance to the Manager or designate within five (5) days of receiving the Supervisor’s verbal response to the complaint. The grievance shall discuss be signed by the Employee and shall identify the nature of the grievance, the specific provisions of the Agreement which are alleged to have been violated and the remedy sought. The Manager will give a written response to the grievance within five (5) days following the day on which the grievance was presented by the Employee. If the Employee does not receive a decision within the time limits specified and the Employee wishes to proceed with the immediate supervisorgrievance, she must submit the grievance at the next step. If the is not settled, the Employee must forward the grievance in writing to the Executive Director within five (5) days of the date of the Manager’s Step response or the date the Supervisor’s Step response should have been provided. A meeting will then be held between the Executive Director and the Business Representative of the Union or their designates. The Employee and a Union ▇▇▇▇▇▇▇ ▇, if requested by the Employee, may attend this grievance be present. This meeting if the grievance has been filed by an employee.
b) If no agreement is reached in the above grievance meeting, the grievance shall be reduced to writing and submitted to the Director of the Department held within seven (7) calendar days from of the receipt of the grievance at Step The Employer’s written answer to the grievance shall be given within five (5) days following the date of this meeting. In the grievance meeting with event that the immediate supervisor.
c) The Director of the Department or his/her designee shall study the grievance and Employer does not respond in writing within seven (7) calendar days. This response from the Director or his/her designee will be the final position of the Department.
d) If the grievant or time provided and the Union wishes to appeal from proceed with the decision grievance, the Union must refer the matter to arbitration.
a) Grievance A policy grievance shall be defined as a grievance, filed by either the Union or the Employer, involving a question of application or interpretation of any Article of this Agreement which arises directly between the Department, it Employer and the Union. It shall do so be submitted directly in writing at Step within fourteen (14) calendar days after following the Department's decision is received or due. The appeal shall circumstances giving rise 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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.the
Appears in 1 contract
Sources: Collective Agreement
Procedure. aThe parties hereto acknowledge that it is usually most desirable for the employee and his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a union representative may accompany the employee to assist in the informal resolution of the grievance. If, however, such informal processes fail to satisfy the employee or the Association, a grievance may be processed as follows:
STEP A. The filing of a written grievance at this step shall be no later than twenty (20) days following the occurrence complained of as the basis for the grievance or within twenty (20) days of when the occurrence may reasonably be ascertained. The employee(semployee or the Association may present the grievance in writing to the supervisor immediately involved who will arrange for a meeting to take place within ten (10) days after receipt of the grievance. Representatives of the Association, the aggrieved employee (if any), and the immediately involved supervisor and his/her invitees shall be present for the meeting. The employee shall receive a written response to the grievance within ten (10) days of the STEP A meeting date.
STEP B. If the grievance is not resolved at Step A, then the Association and/or the union representative involved shall discuss employee may refer the grievance to the Director or designee in writing within ten (10) days after receipt of the Step A answer. The Director or designee shall arrange for a meeting to take place within ten (10) days of his/her receipt of the appeal. Each party shall have the right to include in its representation at the meeting such witnesses and representatives, as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the meeting, the Director or designee shall have ten (10) days in which to provide his/her written decision with reasons to the grievant, with a copy to the Association.
STEP C. Within ten (10) days after receiving the Step B decision of the Executive Director, the Association and/or the employee may request a Grievance Mediation session through the Federal Mediation and Conciliation Services (FMCS). Upon receipt of written notification of intent, the Executive Director or his designees shall submit the request to FMCS. Grievance mediation is a voluntary, informal and confidential process. It is understood by both parties that the mediator has no authority to compel the resolution of the grievance. Procedures to be utilized during the mediation process are within the domain of the FMCS mediator and cannot be mandated by either party. All statements by the parties, participants or the mediator shall not be used for any purpose whatsoever in any pending or subsequent proceedings on the matter. If the grievance is not resolved at Step C the Association may proceed to Step D. At least one meeting with the immediate supervisormediator must occur before proceeding to Step D.
STEP D. If the Association is not satisfied with the disposition of the grievance at Step C, the Association may submit the grievance to binding arbitration. The Union ▇▇▇▇▇▇▇ may attend this grievance meeting if American Arbitration Association or the grievance has been Federal Mediation and Conciliation Services can be contacted to act as the Administrator of the proceedings. If a demand for arbitration is not filed by an employee.
bwithin thirty (30) If no agreement is reached in calendar days of the above grievance meetingdate for the Step C conclusion, the grievance shall be reduced deemed withdrawn.
1. Neither the Board nor the Association shall be permitted to writing and submitted assert any grounds or evidence before the arbitrator which were not previously disclosed to the Director other party.
2. The arbitrator shall have no power to alter the terms of this Agreement.
3. The arbitrator is empowered to include in any award such financial reimbursements or other remedies as he judges to be proper.
4. Each party shall bear the full costs for its representation in the arbitration. The costs of the Department within seven (7) calendar days from the date arbitration and of the grievance meeting with AAA shall be divided equally between the immediate supervisorBoard and the Association.
c) The Director 5. If either party requests a transcript of the Department or his/her designee proceeding, the party shall study bear the grievance and respond in writing within seven (7) calendar daysfull costs for the transcript. This response from If both parties order a transcript, the Director or his/her designee will be the final position cost of the Department.
d) If transcripts shall be divided equally between the grievant or Board and the Union wishes to appeal from Association as well as the decision cost of the Department, it shall do so in writing within fourteen (14) calendar days after the Department's decision is received or due. The appeal shall transcript to be directed to furnished the Labor and Employee Relations Section of Staff Human Resources, as the Chancellor’s designeearbitrator.
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 seven (7) calendar days after receipt of the appeal if no hearing is conducted, or within fourteen (14) calendar days from the 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, within seven (7) calendar days from date of receipt of the decision. The written request shall be directed to the Director 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 time limits for a grievance shall toll for the duration of a leave of absence or layoff.
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Sources: Collective Bargaining Agreement