Grievant A grievant is the individual(s) who have been affected by the grievance. A grievant may be an individual, a class, or the Association.
Formal Grievance Step 1 6
Group Grievance Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the Administrator or her designate within ten (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
Written Grievance If the grievance is not resolved at Step 1, the home care worker and/or Union representative shall set forth the grievance in writing including a statement of the pertinent facts surrounding the grievance, the date on which the incident occurred, the alleged violations of the Agreement, and the specific remedy requested. The written grievance shall be submitted to the Employer within thirty (30) calendar days of the occurrence of the alleged violation or within thirty (30) calendar days of when the home care worker or the Union could reasonably have been aware of the incident or occurrence giving rise to the grievance. Individual Provider grievances shall be submitted by email to xxxxx.xxxxxxxxx@xxx.xx.xxx. Grievances as a result of employment or actions with the Consumer Directed Employer will be processed with the contact information provided in Step 1. The Employer or the Employer's designee shall meet with the grievant and their Union representative within fourteen (14) calendar days of receipt of the written grievance, in order to discuss and resolve the grievance. Subsequent to this meeting, if the grievance remains unresolved, the Employer will provide a written response to the grievance by email within fourteen (14) calendar days from the date the parties met to discuss the grievance. If the response does not resolve the grievance, the Union may, within fourteen (14) calendar days of receipt of the response, proceed to Step 4, Arbitration. Step 3. (Optional) Mediation As an alternative prior to final and binding arbitration in Step 4, if the matter is not resolved in Step 2 the parties may choose by mutual agreement to submit the matter to mediation in order to resolve the issue. The party requesting mediation of the dispute must notify the other party by email no later than fourteen (14) calendar days of receipt by the Union of the emailed response from the Employer in Step 2. The party receiving the request for mediation must notify the other party by email within fourteen (14) calendar days of receipt of the request whether or not it agrees to mediate the dispute. If the party receiving the request does not agree to mediate the dispute, the Union may, within fourteen (14) calendar days of the email notification of the decision not to mediate, proceed to Step 4, Arbitration. If the parties agree to mediation, they shall select a neutral mediator. Both parties shall submit a statement of their position on the issue. The mediator may also bring the parties together in person to attempt to resolve the issue. The parties shall each pay one-half (1/2) the costs or fees, if any, of the neutral mediator. Each party shall be responsible for its own costs, including the costs of representation, advocacy and the costs of that party's appointed representatives. If the issue is successfully resolved by mediation, the decision shall be binding on all parties, and shall, unless specifically agreed otherwise, form a precedent for similar issues. If the issue is not successfully resolved through mediation, the Union may, within fourteen (14) calendar days of receipt of a written declaration of impasse or rejection of a settlement offer from either party, proceed to Step 4, Arbitration.
Grievance A grievance is an alleged violation, misinterpretation, or misapplication of the terms of the negotiated agreement between the Board and the Association.
GRIEVANCE PROCEDURE (Continued STEP No.2 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Regional Supervisor Plant Operations under Step No.1, refer the written grievance to the Executive Officer of Human Resources or designate. The Executive Officer of Human Resources or designate shall then investigate the grievance and shall meet with the Union Grievance Committee within fifteen (15) working days after receipt of the written grievance. At such meeting the Board or the Union may have such additional representation present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Executive Officer of Human Resources shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days. STEP No.3 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Executive Officer of Human Resources under Step No.2, refer the written grievance to the Director of Education or designate. The Director of Education or designate shall then investigate the grievance and shall meet with the Union Grievance Committee as soon as possible but not later than two (2) weeks thereafter to attempt to settle the grievance. At such meeting the Board or the Union may have such additional representatives present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Director of Education shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days of the holding of the meeting. STEP No.4 If the grievance is not settled at STEP No.3, and if mutually agreed by the Board and the Union, the grievance can proceed to a mediation process. The costs of the process will be shared equally by the parties. STEP No.5 If final settlement of the grievance is not completed at Step No.3 above, it may be referred by either party to Arbitration as hereinafter provided in Article 10 within thirty (30) days from the Director of Education's or designate's decision at Step No.3 above. The party referring the grievance to arbitration shall be restricted to the issue contained in the written grievance.
Continuity of Grievance Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be processed through the grievance procedure until resolution.
Disciplinary Grievance If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause is not resolved at Step 2, the PBA may appeal the grievance to arbitration within 15 days after receipt of the decision at Step 2, provided the Step 2 decision is received on or before the due date.
Policy Grievance Where either Party disputes the general application, interpretation or alleged violation of an article of this Agreement, the dispute shall be discussed initially with the Employer or the Union, as the case may be, within thirty (30) days of the occurrence. Where no satisfactory agreement is reached, either Party may submit the dispute to arbitration, as set out in Article 10.
GRIEVANCE PROCEDURE 6 Section 3.01 Definitions 6 Section 3.02 Procedure 6 Section 3.03 Other Conditions 7 Article IV. LEAVES 8 Section 4.01 Sick Leave 8 Section 4.02 Bereavement Leave 9 Section 4.03 Personal Leave 9 Section 4.04 Leave Without Pay 9 Section 4.05 Association Leave 10 Section 4.06 Leave Day Calculation 10 Article V. EARNED VACATION DAYS, HOLIDAYS, AND E- LEARNING DAYS 10 Section 5.01 Earned Vacation Days 10 Section 5.02 Recognized Holidays 10 Section 5.03 E-Learning Days 11 Article VI. MEDICAL INSURANCE 11 Section 6.01 Premium Cost 11 Section 6.02 Insurance Committee 11 Article VII. SENIORITY, TRANSFERS, VACANCIES AND LAYOFFS 11 Section 7.01 Definition of Seniority 11 Section 7.02 Probationary Employees 12 Section 7.03 Classifications Without Bargaining Unit 12 Section 7.04 Seniority List 12 Section 7.05 Termination of Seniority 12 Section 7.06 Transfer to New Position 12 Section 7.07 Posting of Vacancies 13 Section 7.07A Posting of Vacancies – Bus Routes 13 Section 7.07B Trips 13 Section 7.08 Filling of Vacancies 14 Section 7.09 Layoffs, Reduction in Force and Elimination of Positions 14 Section 7.10 Recall From Layoff, Reduction in Force Elimination of Positions 15 Section 7.11 Notification of Tentative Assignment 15 Article VIII. PERSONNEL FILE 15 Section 8.01 General 15 Section 8.02 Right to Access 15 Section 8.03 Copies of Documents 15 Article IX. EVALUATION PROCEDURES 15 Section 9.01 Review of Procedures 15 Section 9.02 Informal Observations 16 Section 9.03 Formal Evaluations 16 Section 9.04 Post-Evaluation Procedures 16
