Common use of The Procedure Clause in Contracts

The Procedure. Step 1: Within five (5) work days following the reasonable discovery by the aggrieved party and/or the Union of the act or condition which is the basis of the grievance, the employee and/or the Union will request a conference with her/his Executive Director or designee to discuss the grievance on an informal basis. Said confidential proceedings will be between her/his Executive Director or designee, the employee, and/or the Union. Said conference shall be held within five (5) work days of the request. Step 2: In the event the grievance is not resolved at Step 1, the employee and/or the Union will file a written grievance (Appendix E) with the departmental Executive Director or Deputy Superintendent if applicable, with copies to the Union. Said form shall be filed within five (5) work days after the informal conference. Within five (5) work days of receipt of the grievance, the departmental Executive Director or Deputy Superintendent if applicable will convene a meeting with representatives of the Union and the Employer in order to attempt to resolve the grievance. The departmental Executive Director or Deputy Superintendent if applicable will provide a written summary of the issue(s) brought forth and resolution reached, if any, to the aggrieved employee and the Union within three (3) work days of the meeting. Step 3: Within five (5) work days after receiving the written summary of the departmental Executive Director or Deputy Superintendent if applicable, an appeal may be filed with the Executive Director of Human Resources. The appeal shall be accompanied by a copy of the signed grievance, and summary, if any, at Step 2. Within five (5) working days of receipt of the appeal, the Executive Director of Human Resources may convene a meeting with representatives of the Union and the Employer in order to attempt to resolve the grievance. The Local may have a representative from AFSCME Council 25 present at Step 3 and Step 4. Within five (5) work days of the Step 3 meeting, the Executive Director of Human Resources will give a written reply to the employee filing the grievance with copies to the Union. Step 4: If not resolved at Step 3, the grievance may be appealed to the Superintendent. Said appeal shall be made within five (5) work days after the employee’s and/or the Union’s receipt of the Employer’s decision at Step 3. A. Within twenty (20) work days after receipt of the appeal, the Superintendent shall hold a hearing on the grievance. Participants in the hearing shall be given at least a three (3) work day written notice of the hearing. In cases of disciplinary action in which the employee has been suspended or discharged, the hearing shall be held within ten (10) work days after receipt of the appeal. B. Not more than five (5) work days after the hearing of the appeal, the Superintendent shall communicate her/his decision in writing together with supporting reasons to the aggrieved employee and the Union. Step 5: Arbitration – Within twenty (20) work days after receipt of the decision of the Superintendent, the Union may appeal the decision to binding arbitration under the auspices and rules of the American Arbitration Association. The arbitrator shall have no authority to alter, add to, or subtract from the terms of this Agreement.

The Procedure. Step 1: Within five (5) work days workdays following the reasonable discovery by the aggrieved party and/or the Union of the act or condition which is the basis of the grievance, the employee and/or the Union will request a conference with her/his Executive Director or designee to discuss the grievance on an informal basis. Said confidential proceedings will be between her/his Executive Director or designee, the employee, and/or the Union. Said conference shall be held within five (5) work days workdays of the request. Step 2: In the event the grievance is not resolved at Step 1, the employee and/or the Union will file a written grievance (Appendix E) with the departmental Executive Director or Deputy Superintendent if applicable, with copies to the Union. Said form shall be filed within five (5) work days workdays after the informal conference. Within five (5) work days workdays of receipt of the grievance, the departmental Executive Director or Deputy Superintendent if applicable will convene a meeting with representatives of the Union and the Employer in order to attempt to resolve the grievance. The departmental Executive Director or Deputy Superintendent if applicable will provide a written summary of the issue(s) brought forth and resolution reached, if any, to the aggrieved employee and the Union within three (3) work days workdays of the meeting. Step 3: Within five (5) work days workdays after receiving the written summary of the departmental Executive Director or Deputy Superintendent if applicable, an appeal may be filed with the Executive Director of Human Resources. The appeal shall be accompanied by a copy of the signed grievance, and summary, if any, at Step 2. Within five (5) working days of receipt of the appeal, the Executive Director of Human Resources may convene a meeting with representatives of the Union and the Employer in order to attempt to resolve the grievance. The Local may have a representative from AFSCME Council 25 present at Step 3 and Step 4. Within five (5) work days workdays of the Step 3 meeting, the Executive Director of Human Resources will give a written reply to the employee filing the grievance with copies to the Union. Step 4: If not resolved at Step 3, the grievance may be appealed to the Superintendent. Said appeal shall be made within five (5) work days workdays after the employee’s and/or the Union’s receipt of the Employer’s decision at Step 3. A. Within twenty (20) work days workdays after receipt of the appeal, the Superintendent shall hold a hearing on the grievance. Participants in the hearing shall be given at least a three (3) work day workday written notice of the hearing. In cases of disciplinary action in which the employee has been suspended or discharged, the hearing shall be held within ten (10) work days workdays after receipt of the appeal. B. Not more than five (5) work days workdays after the hearing of the appeal, the Superintendent shall communicate her/his decision in writing together with supporting reasons to the aggrieved employee and the Union. Step 5: Arbitration – Within twenty (20) work days after receipt . Each party shall bear the full costs for its side of the decision arbitration and share equally the total cost of the Superintendent, the Union may appeal the decision to binding arbitration under the auspices and rules of the American Arbitration Association. The arbitrator shall have no authority to alter, add to, or subtract from the terms of this Agreementarbitrator.