Step 3A Sample Clauses

Step 3A. If the grievant is not satisfied with the resolution at Step 2 and provided that the grievance has to do with an alleged violation or alleged misapplication of a specific article or section of this Agreement, the Association may, within fifteen (15) work days of receipt of written response to Step 2, submit the grievance to the American Arbitration Association for arbitration under their rules and within the following guidelines:
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Step 3A. If the grievance is not resolved at Step 2 and in place of Step 3-B arbitration, the Union and the Employer may mutually elect to pursue resolution of a grievance by referring it in writing to a hearing officer who is mutually agreed upon by the Employer and the Union, for either binding or non-binding mediation. The referral to mediation must be made within ten (10) days after the Step 2 disposition is provided, or was due to be provided if no disposition was made at Step 2. Any decision by the hearing officer in binding mediation shall be fixed and binding on each party. The hearing officer shall have no power to add to, subtract from, delete, modify, alter, or amend any provision of this Agreement. The expense of the hearing officer, except representation fees and witness compensation (each party assumes their own representation fees and witness compensation), is to be borne equally by both parties.
Step 3A. In the event that the superintendent's reply is not satisfactory, and the grievance is not contesting the suspension or discharge of a tenured employee, the Union shall inform the superintendent within ten (10) school days. The grievance will be submitted to a professional arbitrator from a panel of three arbitrators with Catholic school arbitration experience for a hearing. Selection of the arbitrator for the hearing will be by mutual agreement or by alternately striking names until one remains who shall then be the selected person. Within ten (10) school days from the date of the submission at (3A), the arbitrator shall convene a hearing at the School Office to hear the grievance, within a reasonable period of time. Within thirty (30) calendar days after the hearing is closed, the arbitrator shall provide a written answer to the parties. The costs of the arbitrator shall be borne equally by the Schools and the Union. However, any additional costs shall be borne by the party incurring them. The arbitrator shall have no power or authority to add to, subtract from, alter or modify this Agreement. The disposition of the grievance by the arbitrator shall be final and binding on all concerned.
Step 3A. If the grievance is not resolved at Step 2 and in place of Step 3/B arbitration, the Union and the Employer may mutually elect to pursue resolution of a grievance by referring it in writing to a hearing officer who is mutually agreed upon by the Employer and the Union, for either binding or non/binding mediation. The referral to mediation must be made within ten (10) days after the Step 2 Deleted: school Deleted: on the appropriate form Deleted: school Deleted: school Deleted: Within five (5) school days of receipt of the written grievance, the designated supervisor shall meet with the person in an effort to resolve the grievance. The designated supervisor shall indicate his/her disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Union. Deleted: If the person is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) school days of such meeting (or ten (10) school days from date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendent/in/Charge. Within five (5) school days, the Superintendent/in/Charge or his/her designee shall indicate his/her disposition of the grievance in writing, and shall furnish a copy thereof to the Union.7 Formatted: Indent: Left: 0.5" Deleted: reply Formatted: Indent: Left: 0.5" Deleted: by the Superintendent/in/Charge Deleted: has been made within the period above provided Deleted: school Deleted: by the Superintendent/in/Charge Deleted: calendar disposition is provided, or was due to be provided if no disposition was made at Step 2. Any decision by the hearing officer in binding mediation shall be fixed and binding on each party. The hearing officer shall have no power to add to, subtract from, delete, modify, alter, or amend any provision of this Agreement. The expense of the hearing officer, except representation fees and witness compensation (each party assumes their own representation fees and witness compensation), is to be borne equally by both parties.
Step 3A. If desired by the Union, the Union may submit a written or electronic request to the Employer-designated Step 3 representative to mediate the grievance. The grievance shall be mediated if agreed to by both parties. A grievance not resolved in Step 3A 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 3A. A grievance unresolved in Step 3 may, by mutual agreement of the parties, be submitted to mediation through the Bureau of Mediation Services. A submission to mediation preserves the timelines for filing Step 4.
Step 3A. In order of seniority from among the 2 categories below: ▪ Base seniority to DARs and NRFOP’s ▪ System seniority to MPs, and CPs conducting an OE or IOE. Note 1: The DBM for CPs and NRFOP’s is 80 hours.
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Step 3A. In order of seniority from among the 2 categories below: ▪ Base seniority to DARs and NRFOP’s ▪ System seniority to MPs.
Step 3A. If the grievance is not resolved at Step 2 and in place of Step 3B Arbitration, the union and the District may mutually elect to pursue resolution of a grievance by referring it in writing seven (7) days after receipt of the decision at Sept 2 to a hearing officer who is mutually agreed upon by the District and WTLC. Any decision by the hearing officer shall be fixed and binding on each party. The hearing officer shall have no power to add to, subtract from, delete, modify, alter, or amend any provision of this Agreement. The expense of the hearing officer, except representation fees and witness compensation (each party assumes their own representation fees and witness compensation), is to be borne equally by both parties.

Related to Step 3A

  • Step 3 i. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E.2.3.b.i. The employer may request further particulars from the complainant. Upon the conclusion of such a review, the employer shall:

  • Step 4 In the event the dispute is not resolved at Step 3 above, either party may serve upon the other and the COORDINATOR written notice by certified mail, within five (5) working days, requesting that the dispute be resolved by arbitration. If such a written notice is served, the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the arbitrator, at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing within a reasonable time, not to exceed ten (10) days after the conclusion of the hearing. The decision by the arbitrator shall be final and binding upon the parties; provided, however, that the arbitrator shall not have the authority to alter or amend the provisions of this AGREEMENT in any way. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties.

  • Step 2 (a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 10 days following receipt of the decision at Step 1. The grievance form must contain the same information as the grievance filed at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance.

  • Step III 12.5.1 If the employee desires to appeal the grievance to Step III, the employee shall complete the appropriate appeal section of the grievance form, sign the appeal, and present the grievance to the Municipal Employee Relations Officer or designee within five (5) working days following receipt of the written decision at Step II.

  • STEP II 18.3.2.1 If the employee desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the Department Director or his/her designated representative, within five (5) working days following the receipt of the immediate supervisor's oral reply.

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply.

  • Step 1 Within fifteen workdays of the occurrence of the grieved action (or from the day the employee should have known about the action) the employee shall present a formal written grievance (on the grievance form) to Agency Head and/or his/her Designee.

  • Step IV If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within the above stated time limits, the grievant and/or the Association shall complete Grievance Report Form, Step IV, within ten (10) school days after notification of Step III disposition and submit the grievance to final and binding arbitration according to the voluntary rules and regulations of the American Arbitration Association. The Arbitrator's decision will be final and binding on all parties. The cost of arbitration shall be the responsibility of the party losing arbitration.

  • Step Four If the Union and the Company cannot reach a settlement, either party may, within five (5) working days of receiving the reply at Step Three, submit the grievance to arbitration.

  • Step No 1 – Any regular employee who has a grievance shall present the grievance verbally to his Supervisor and will be accompanied by a Xxxxxxx. The Supervisor shall state his decision verbally within three (3) working days of such meeting. If this verbal decision does not satisfactorily adjust the grievance, it may be appealed to Step 2 following. Step No. 2 – Notice of appeal must be made within seven (7) working days of the verbal decision, in writing, in triplicate, on forms supplied by the Union, and signed by the aggrieved employee and two members of the Grievance Committee. It shall be appropriately dated showing the date of the grievance, particulars of the incident giving rise to the grievance, the Article and Section of the Collective Agreement alleged to have been violated, the date of the submission, as well as the corrective action requested of the Company, and shall be presented to local management designated to handle Step 2. Within five (5) working days of receipt of the appeal or within any agreed upon extension, local management designated to handle Step 2 will meet with up to two (2) members of the Grievance Committee in an attempt to resolve the grievance. A written decision shall be given by local management designated to handle Step 2 within five (5) working days of the date of such meeting. If this written decision does not satisfactorily adjust the grievance, it may be appealed to Step 3 following. Step No. 3 – Notice of appeal must be given in writing by dating and signing the grievance forms within ten (10) working days from the written decision of local management, or their designate, through the Manager, Labour and Employment Relations, setting forth the areas or points of disagreement with the Step 2 written decision. The Manager, Labour and Employment Relations, will arrange a Management Committee to meet with up to two (2) members of the Grievance Committee and the Local President, or Bargaining Unit Chairperson, or his/her designated alternate, within seven (7) working days or a time mutually agreed upon. The two committees jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within seven (7) working days from the date of such meeting to the Local or Bargaining Unit. If the Committee’s decision does not bring about a satisfactory settlement, the grievance may be referred by either party to arbitration as provided for in Article 8.

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