Rules of Grievance Processing. Every grievance hereunder must be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity of the individual(s) committing the alleged conduct; and (e) the remedy sought for the alleged violations. A grievance must be filed within fifteen (15) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from the date the employee could reasonably be expected to have knowledge of the facts constituting the grievance. Failure to file a grievance within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed settled on the basis of the decision most recently given. A grievance not answered within the time limits in this Article shall entitle the aggrieved employee to proceed to the next step. The aggrieved employee(s) may request representation by the Union at any meeting where disciplinary action is reasonably anticipated by the employee. However, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by the Union where the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward to the arbitrator, in advance of the arbitration hearing, an amount of money estimated by the arbitrator to be sufficient to cover the arbitrator’s fees and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure, within the time limits provided for the submission of a grievance in Step I, and will be signed by all aggrieved employees. Otherwise, individual grievances are required.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Rules of Grievance Processing. Every grievance hereunder must be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity of the individual(s) committing the alleged conduct; and (e) the remedy sought for the alleged violations. A grievance must be filed within fifteen (15) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from the date the employee could reasonably be expected to have knowledge of the facts constituting the grievance. Failure to file a grievance within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed settled on the basis of the decision most recently given. A grievance not answered within the time limits in this Article shall entitle the aggrieved employee to proceed to the next step. The aggrieved employee(s) may request representation by the Union at any meeting where disciplinary action is reasonably anticipated by the employee. However, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by the Union where the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward to the arbitrator, in advance of the arbitration hearing, an amount of money estimated by the arbitrator to be sufficient to cover the arbitrator’s fees and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 II of the grievance procedure, within the time limits provided for the submission of a grievance in Step I, and will be signed by all aggrieved employees. Otherwise, individual grievances are required.
Appears in 1 contract
Sources: Labor Agreement
Rules of Grievance Processing. Every A. Once a grievance hereunder must be is reduced to writing in writing accordance with step 2 of the grievance procedure it shall contain the following minimum information:
1. A complete statement of the grievance and specify: (a) the Article and Section facts upon which it is based.
2. The name of each Article any witnesses who can provide supportive or relative information.
3. The specific rule, regulation or procedure alleged to have been violated; (b) , or the alleged conduct violating reason a disciplinary action is considered to be unjust.
4. The desired remedy or solution requested.
5. In the Agreement; (c) event the date, time and place of alleged conduct; (d) the identity written grievance does not contain all of the individual(sabove information the Department Head or Supervisor has the right to return it to the grievant to supply the required information. The grievant would then have three (3) committing working days to return the alleged conduct; and (e) written grievance with the remedy sought for required information,
6. Whenever two or more employees have a common or similar complaint, the alleged violationsgroup will select one amongst them to represent the group. The final decision on the grievance will be binding on all members of the group.
B. A grievance must be filed within fifteen (15) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from the date the employee could brought forward as soon as it has become reasonably be expected known to have knowledge of the facts constituting the grievanceexist. Failure to file If a grievance is not filed within the time required shall render limits set forth hereafter, the grievance null and void. All time limits for filing and will be barred from further processing of grievances as provided in this Article consideration.
C. A grievance shall be followed unless mutually extended in writing dated and signed by the parties aggrieved employee presenting it. When a written grievance is presented, the Authority's representative shall acknowledge receipt of it and date thereof in writing. The supervisor shall conduct a meeting between himself or herself, the grievant and his/her representative prior to rendering his/her decision.
D. A decision rendered beyond Step One (1) shall be written to the Agreement. Any aggrieved employee and shall be dated and signed by the Authority's representative.
E. A grievance not filed or appealed in compliance with said advanced to the higher step within the time limits will limit provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. A grievance not answered within the .
F. The time limits referred to in this Article may be extended by mutual written agreement by the parties. If such a written agreement is made by the parties, the agreed upon deadline and not the original time limit shall entitle apply.
G. If management does not respond to the aggrieved employee to proceed grievance within the prescribed time limits the grievant shall advance the grievance to the next step. The aggrieved employee(s) may request representation by the Union at any meeting where disciplinary action is reasonably anticipated by the employee. However, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by the Union where the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward to the arbitrator, in advance of the arbitration hearing, an amount of money estimated by the arbitrator to be sufficient to cover the arbitrator’s fees step and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of accepted without being signed off by the previous supervisor. The grievant shall make a notation on the grievance procedure, within form outlining the time limits provided reasons for advancing the submission of a grievance in Step I, and will be signed by all aggrieved employees. Otherwise, individual grievances are requiredwithout the supervisor’s signature.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Rules of Grievance Processing. Every grievance hereunder must be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity of the individual(s) committing the alleged conduct; and (e) the remedy sought for the alleged violations. A A. It is agreed that any grievance must be filed within fifteen brought up as soon as it might reasonably have become known to exist and that in any event no grievance claim shall be valid for a period more than one (151) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from calendar month prior to the date the claim was first filed in writing, in the Grievance Procedure. Back pay shall be limited to the amount of wages the employee could reasonably be expected to would have knowledge earned within the foregoing limitation, less any amount received by the employee from other employment, self-employment or, if applicable, unemployment compensation.
B. Only for the purposes of the facts constituting Grievance Procedure, a "day" shall not include Saturday, Sunday, or a holiday recognized by this Agreement, nor the grievance. Failure to file day on which a grievance is presented or appealed by the Union or is returned to it by the Board.
C. The time limit at any step of the Grievance Procedure may be extended by mutual written agreement of the parties' representatives at that step.
D. A grievance presented at any step shall be dated and signed by the Union representative presenting it; an answer given and returned to the Union shall be dated and signed by the Board's representative at that step.
E. When a grievance is presented, the Board's representative shall acknowledge receipt of it and the date thereof in writing; when the representative returns it with an answer, the Union's representative shall acknowledge receipt of it and the date thereof in writing.
F. In the absence of a representative at any step, the party that is represented may designate an alternate to act in the representative's place.
G. A grievance not advanced to the next higher level within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as limit provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed permanently withdrawn and as having been settled on the basis of the decision answer most recently givengiven it. A grievance not answered within the time limits limit provided shall be submitted in this Article shall entitle the aggrieved employee to proceed writing to the next step. The aggrieved employee(s) may request representation by higher level.
H. For working time necessarily spent investigating a grievance already submitted in the Union at any meeting where disciplinary action is reasonably anticipated by Grievance Procedure or in the employee. Howeverdiscussions of meetings with Board representatives provided for above, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement employed by the Board shall be construed paid at the basic straight-time rate for those hours during which the employee would otherwise have been at work for the Board, it being agreed that such investigation, discussion or meetings shall be performed without undue loss of working time.
I. In no event shall any Union representative leave work for grievance purposes above without first notifying and obtaining approval of the immediate supervisor, and turning work over to prohibit an a replacement assigned by the Supervisor, who will be assigned as promptly as is practicable under the circumstances.
J. When a discussion at any level of the Grievance Procedure takes place during the regular working hours of the grieving employee, if he so chooses, from processing his own grievance without representation by and the Union where employee's presence is required as provided for a step of the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitrationGrievance Procedure above, the employee shall forward will upon request to the arbitratorimmediate supervisor be allowed to leave work for such grievance purpose, in advance of and the arbitration hearing, an amount of money estimated by employee will be paid at the arbitrator to be sufficient to cover basic straight-time rate for work hours so lost.
K. It is understood and agreed that any grievance settlement arrived at between the arbitrator’s fees Board and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or is final and binding upon both of them, and also cannot processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When be changed by an employee.
L. In cases where a grievance is general settled in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 favor of the grievance procedureclaimant, within any monetary adjustment agreed upon will be made no later than the time limits provided for second pay period following the submission date of the settlement. Any physical adjustment will be carried out as expeditiously as possible.
M. A meeting, if mutually agreed upon, may be arranged to discuss a grievance in Step I, between the Union and will be signed by all aggrieved employees. Otherwise, individual grievances are requiredthe Board at any appropriate time during the Grievance Procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Rules of Grievance Processing. Every grievance hereunder must be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity of the individual(s) committing the alleged conduct; and (e) the remedy sought for the alleged violations. A A. It is agreed that any grievance must be filed within fifteen brought up as soon as it might reasonably have become known to exist and that in any event no grievance claim shall be valid for a period more than one (151) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from calendar month prior to the date the claim was first filed in writing, in the Grievance procedure. Back pay shall be limited to the amount of wages the employee could reasonably be expected to would have knowledge earned within the foregoing limitation, less any amount received by the employee from other employment, self-employment or, if applicable, unemployment compensation.
B. Only for the purposes of the facts constituting Grievance Procedure, a "day" shall not include Saturday, Sunday, or a holiday recognized by this Agreement, nor the grievance. Failure to file day on which a grievance is presented or appealed by the Union or is returned to it by the Board.
C. The time limit at any Step of the Grievance Procedure may be extended by mutual written agreement of the parties' representatives at that Step.
D. A grievance presented at any Step shall be dated and signed by the Union representative presenting it; an answer given and returned to the Union shall be dated and signed by the Board's representative at that Step.
E. When a grievance is presented, the Board's representative shall acknowledge receipt of it and the date thereof in writing; when the representative returns it with an answer, the Union's representative shall acknowledge receipt of it and the date thereof in writing.
F. In the absence of a representative at any Step, the party that is represented may designate an alternate to act in the representative's place.
G. A grievance not advanced to the next higher level within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as limit provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed permanently withdrawn and as having been settled on the basis of the decision answer most recently givengiven it. A grievance not answered within the time limits limit provided shall be submitted in this Article shall entitle the aggrieved employee to proceed writing to the next step. The aggrieved employee(s) may request representation by higher level.
H. For working time necessarily spent investigating a grievance already submitted in the Union at any meeting where disciplinary action is reasonably anticipated by Grievance Procedure or in the employee. Howeverdiscussions of meetings with Board representatives provided for above, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement employed by the Board shall be construed paid at the basic straight-time rate for those hours during which the employee would otherwise have been at work for the Board, it being agreed that such investigation, discussion or meetings shall be performed without undue loss of working time.
I. In no event shall any Union representative leave work for grievance purposes above without first notifying and obtaining approval of the immediate supervisor, and turning work over to prohibit an a replacement assigned by the Supervisor, who will be assigned as promptly as is practicable under the circumstances.
J. When a discussion at any level of the Grievance Procedure takes place during the regular working hours of the grieving employee, if he so chooses, from processing his own grievance without representation by and the Union where employee's presence is required as provided for a Step of the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitrationGrievance Procedure above, the employee shall forward will upon request to the arbitratorimmediate supervisor be allowed to leave work for such grievance purpose, in advance of and the arbitration hearing, an amount of money estimated by employee will be paid at the arbitrator to be sufficient to cover basic straight-time rate for work hours so lost.
K. It is understood and agreed that any grievance settlement arrived at between the arbitrator’s fees Board and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or is final and binding upon both of them, and also cannot processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When be changed by an employee.
L. In cases where a grievance is general settled in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 favor of the grievance procedureclaimant, within any monetary adjustment agreed upon will be made no later than the time limits provided for second pay period following the submission date of the settlement. Any physical adjustment will be carried out as expeditiously as possible.
M. A meeting, if mutually agreed upon, may be arranged to discuss a grievance in Step I, between the Union and will be signed by all aggrieved employeesManagement at any appropriate time during the Grievance Procedure. Otherwise, individual grievances are required.BARTICLE XIV
Appears in 1 contract
Sources: Collective Bargaining Agreement
Rules of Grievance Processing. Every A. Employees shall write, investigate, process and present grievances so that this activity will not conflict with the full, faithful and proper performance of their required duties. The employees and/or Union representative shall suffer no loss of pay for reasonable time spent in conferring about and presenting the grievance hereunder must be in writing or grievances (excluding outside conferences, such as with legal counsel) at Steps 1 and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity 2 of the individual(s) committing grievance procedure established in this Article. Prior to using duty time to discuss and/or present a grievance, however, the alleged conduct; grievant or Union representative, if either or both are on duty, must request and (e) receive permission from his/her duty supervisor to be temporarily absent from the remedy sought employee's duty assignment for the alleged violationspurpose of performing these functions. A Such permission shall not be unreasonably denied. It is further understood and agreed that when there is a single grievance must that involves more than one (1) employee, or when there are multiple grievances that involve essentially identical factual situations, the time spent in conferring about and presenting the grievance(s) shall be filed within fifteen limited to the time that would be paid for if there had been a single grievance and a single grievant.
B. No grievance shall be valid for more than ten (1510) days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen (15) days from prior to the date the employee could reasonably be expected to have knowledge grievance was first filed in Step 1 of the facts constituting grievance procedure.
C. Management representatives shall date and sign the grievance. Failure grievance indicating receipt thereof.
D. When a management representative returns the form with his/her answer on it, the Union representative shall date and sign the grievance indicating receipt thereof.
E. A grievance not appealed by the Union to file a grievance the next higher step within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as provided in this Article limit shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed settled on the basis of the decision most recently given. permanently denied.
F. A grievance not answered by the City within the time limits in this Article limit provided shall entitle the aggrieved employee to proceed be automatically advanced to the next step. The aggrieved employee(s) may request representation by the Union at any meeting where disciplinary action is reasonably anticipated by the employee. However, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by the Union where the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward to the arbitrator, in advance of the arbitration hearing, an amount of money estimated by the arbitrator to be sufficient to cover the arbitrator’s fees and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of the grievance procedure; advancement to arbitration shall still require written notice to the City.
G. For the purposes of the grievance procedure as set forth in this Article, the Department Director and/or words "day" and "workday" are defined synonymously, to include weekdays only (Monday through Friday), and to exclude, in addition to weekend days (Saturday and Sunday), the City Manager may appoint a person to act following: holidays authorized by this Agreement; the day on his/her behalf. When which a grievance is general in naturereturned to the Union by the City, the day on which a grievance is received from the Union and days when City offices are closed.
H. The parties, in recognition of the costs of arbitration and other related legal hearings, agree that it applies to a number of employees having the same issue to be decided, it all disputes shall be presented directly at Step 2 resolved in a cost efficient and expeditious manner.
I. The Union and the City, promptly after execution of this Agreement, shall agree upon a current local panel of local arbitrators who are acceptable to the grievance procedure, within the time limits provided for the submission of a grievance in Step I, and will be signed by all aggrieved employees. Otherwise, individual grievances are requiredparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Rules of Grievance Processing. Every It is agreed:
A. Time limit at any stage of grievance hereunder must procedure may be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity extended by written mutual agreement of the individual(s) committing parties involved at that step.
B. A grievance presented at Step II and above shall be dated and signed by the alleged conduct; and (e) the remedy sought for the alleged violationsaggrieved employee or Union representative presenting it. A decision rendered shall be written to the aggrieved employee and shall be dated and signed by the Public Employer's representative at that step.
C. When a written grievance must be filed within fifteen (15) days from is presented, the Public Employer's representative shall acknowledge receipt of it and date of the disciplinary action taken, or, thereof in writing.
D. A grievance not involving disciplinary action, within fifteen (15) days from advanced to the date the employee could reasonably be expected to have knowledge of the facts constituting the grievance. Failure to file a grievance higher step within the time required shall render the grievance null and void. All time limits for filing and further processing of grievances as limit provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. A grievance not answered Failure on the part of the Public Employer's representative to answer within the time limits limit set forth in this Article shall any step will entitle the aggrieved employee to proceed to the next step.
E. The Union may, at any step of the Grievance Procedure, withdraw a grievance without prejudice.
F. When a grievance is reduced to writing there shall be set forth:
1. A complete statement of the grievance and facts upon which it is based.
2. The aggrieved employee(ssection or sections of this agreement claimed to have been violated.
3. The remedy or correction requested.
G. In settlement of any grievance resulting in retroactive adjustment, such adjustment shall be limited to ten (10) may request representation by days prior to the Union date of the filing of the grievance.
H. Grievances involving discharge shall be presented at the third step. DISCHARGE AND DISCIPLINE
1. No permanent employee shall be disciplined or discharged except for just cause, and in no event until he shall have been furnished with a written statement of charges and the reasons for such action. Discipline must be timely to be effective; therefore, discipline procedures should be initiated no later than ten (10) days from the date the immediate supervisor is made aware of the incident that could give rise to disciplinary action. In any meeting hearing where notice of potential discipline has been given, the employee shall have reasonable time for preparation (not to exceed ten (10) days) regarding specific charges and shall be afforded due process consistent with the Personnel Policies and Procedures Manual.
2. No record of any disciplinary charge, expressed or implied, shall be included in an employee's official City personnel file unless appropriate disciplinary action is reasonably anticipated by was taken and upheld, at which time the employee shall review and initial. Incident reports that put the employee on constructive notice, but do not result in official disciplinary action, will not be included in the official City personnel file, but will be included in the employee’s departmental file.
3. However, Discipline shall follow the unavailability outline as adopted in the City Personnel Policies and Procedures Manual which at the time of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits ratification of this Article. Nothing Agreement by both parties will remain in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by full effect the Union where the adjustment, if any, of said grievance is not inconsistent with the terms entire duration of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward Any changes to the arbitratorCity Personnel Policies and Procedures Manual not specifically addressed in this contract that affect the bargaining unit will give the Union the right to impact bargain those changes. In lieu of reopening negotiations, in advance a letter of the arbitration hearing, an amount of money estimated by the arbitrator understanding may be agreed to be sufficient to cover the arbitrator’s fees and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of and the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure, within the time limits provided for the submission of a grievance in Step I, and will be signed by all aggrieved employees. Otherwise, individual grievances are requiredCity.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Rules of Grievance Processing. Every grievance hereunder must be in writing and specify: (a) the Article and Section of each Article alleged to have been violated; (b) the alleged conduct violating the Agreement; (c) the date, time and place of alleged conduct; (d) the identity of the individual(s) committing the alleged conduct; and (e) the remedy sought for the alleged violationsviolation. Failure to include all of this information in a grievance shall render the grievance null and void. A grievance must be filed within fifteen five (155) working days from the date of the disciplinary action taken, or, in grievance not involving disciplinary action, within fifteen five (155) working days from the date the employee could reasonably be expected to have knowledge of the facts constituting the grievance. Failure to file a grievance within the time required shall render the grievance null and void. The term “filed” as used in this Article shall mean delivered and time stamped at the City Clerk’s Office Monday through Friday 8:00 a.m. to 5:00 p.m., excluding holidays. All time limits for filing and further processing of grievances as provided in this Article shall be followed unless mutually extended in writing by the parties to the Agreement. Any grievance not filed or appealed in compliance with said time limits will be deemed settled on the basis of the decision most recently givenand shall be foreclosed for all contractual and legal purposes. A grievance not answered within the time limits in this Article shall entitle the aggrieved employee to proceed to the next step. The aggrieved employee(s) may request representation by the Union at any meeting where disciplinary action is reasonably anticipated by the employeeat issue. However, the unavailability of a Union representative beyond twenty-four (24) hours shall not be reason for extending any time limits of this Article. Nothing in this Agreement shall be construed to prohibit an employee, if he so chooses, from processing his own grievance without representation by the Union where the adjustment, if any, of said grievance is not inconsistent with the terms of this Agreement. In the event an employee, rather than the Union, elects to invoke arbitration, the employee shall forward to the arbitrator, in advance of the arbitration hearing, an amount of money estimated by the arbitrator to be sufficient to cover the arbitrator’s fees and expenses. The Union hereby indemnifies, defends and holds harmless the City, its officers, officials, agents and employees against any claim, demand, suit or liability and for all legal fees and costs arising from any action taken or not taken by the Union with respect to processing or not processing grievances under this Article. At any step of the grievance procedure, the Department Director and/or the City Manager may appoint a person to act on his/her behalf. When a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure, within the time limits provided for the submission of a grievance in Step I, and will be signed by all aggrieved employees. Otherwise, individual grievances are required.twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement