Town Manager. If the grievance is not satisfactorily resolved at Step 2, the grievant(s) or Association shall submit the matter to the Town Manager within fourteen (14) calendar days of receiving the answer in Step 2. The Step 3 grievance shall include a copy of all document(s) submitted at Step 2, a copy of the Chief’s response, and a statement as to the issues which remain unresolved. The Town Manager may appoint a designee to review the grievance; any such designee shall not be an employee from the Police Department. Within twenty-one (21) calendar days after receipt of the grievance, the Town Manager (or the Manager’s designee) will conduct any meetings with the parties and/or otherwise investigate the issue as the Manager/designee deems necessary and issue a written decision to the employee within twenty-eight (28) calendar days of the date the grievance was filed. Step 4 - Arbitration: If not otherwise excluded from arbitration, and if the grievance is not satisfactorily resolved at Step 3, the Association or the Town may move the grievance to arbitration, within twenty-one (21) calendar days of receiving the answer in Step 3, by submitting a letter to the other party by mail, email, or hand delivery stating the intention to arbitrate. The parties shall mutually select an arbitrator, failing which an arbitrator will be selected under the rules of the American Arbitration Association. The fees and expenses of the Arbitrator shall be shared equally by the parties. The decision of the Arbitrator shall be final and binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify this Agreement. The Arbitrator shall only interpret such items and determine such issues as may be submitted to the Arbitrator in writing by the parties pursuant to this Article. If the matter grieved pursuant to this Article is a disciplinary action taken against a permanent employee, at the arbitration hearing, the Town shall have the burden of proof by a preponderance of the evidence that there was just cause for the disciplinary action.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Town Manager. If the grievance Union is not satisfactorily resolved at Step 2satisfied with the Fire Chief’s response, the grievant(s) or Association shall submit grievance may be brought forward to the matter Town Manager. Such grievance must be submitted in writing to the Town Manager within fourteen (14) calendar days after issuance of receiving the answer in Step 2Fire Chief’s response. The Step 3 grievance shall include a copy of all the document(s) submitted at Step 2, a copy of to the Chief and the Chief’s response, and a statement as to the issues which remain unresolved. The Town Manager may appoint a designee to review the grievance; any such designee shall not be an employee from the Police Fire Department. Within twenty-one (21) calendar days after receipt of the grievance, the Town Manager (or the Manager’s his/her designee) will conduct any meetings with the parties and/or otherwise investigate the issue as the Managerhe/designee she deems necessary and issue a written decision to the employee within twenty-eight (28) 28 calendar days of the date the grievance was filed. Step 4 - Arbitration: If the Town Manager (or his/her designee) fails to answer a grievance within the specified time period, it shall be deemed denied; the Union may then advance the grievance to the next step. If not otherwise excluded from arbitration, and if grievances not settled in the Steps of the grievance is not satisfactorily resolved at Step 3, the Association or the Town procedure may move the grievance be moved to arbitration, arbitration within twenty-one fourteen (2114) calendar days of receiving the answer in Step 3, 2 by submitting a letter written notice to the other party by mail, email, or hand delivery stating the intention to arbitrate. The parties shall mutually attempt to select an arbitrator, failing which provided, however, if the parties are unable to agree upon an arbitrator will within seven (7) days following submission, the arbitrator shall be selected under the rules of designated by the American Arbitration AssociationAssociation under its current rules and procedures. The fees fee and expenses of the Arbitrator arbitrator shall be shared equally by the partiesparties and each party shall bear the expense of its own representatives and witnesses. The authority of the arbitrator shall be limited to the interpretation of this Agreement. The arbitrator shall be without power to alter, amend, add to or detract from the language of this Agreement or to hold ex parte hearings. The decision of the Arbitrator arbitrator, within the scope of his authority, shall be final and binding on upon the parties. The Arbitrator arbitrator shall only determine issues which are submitted to him/her by the parties, provided, however, in the event the parties are unable to agree in the framing of the issue(s), the arbitrator shall have no power to add to, subtract from or modify this Agreement. The Arbitrator shall only interpret such items and determine such issues as may be submitted to that authority within the Arbitrator in writing context of the grievance filed by the parties pursuant to this Article. If the matter grieved pursuant to this Article is a disciplinary action taken against a permanent employee, at the arbitration hearing, the Town shall have the burden of proof by a preponderance of the evidence that there was just cause for the disciplinary actionUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Town Manager. If the grievance Union is not satisfactorily resolved at Step 2satisfied with the Fire Chief’s response, the grievant(s) or Association shall submit grievance may be brought forward to the matter Town Manager. Such grievance must be submitted in writing to the Town Manager within fourteen (14) calendar days after issuance of receiving the answer in Step 2Fire Chief’s response. The Step 3 grievance shall include a copy of all the document(s) submitted at Step 2, a copy of to the Chief and the Chief’s response, and a statement as to the issues which remain unresolved. The Town Manager may appoint a designee to review the grievance; any such designee shall not be an employee from the Police Fire Department. Within twenty-one (21) calendar days after receipt of the grievance, the Town Manager (or the Town Manager’s designee) will conduct any meetings with the parties and/or otherwise investigate the issue as the Manager/designee Town Manager deems necessary and issue a written decision to the employee within twenty-eight (28) 28 calendar days of the date the grievance was filed. Step 4 - Arbitration: If the Town Manager (or the Town Manager’s designee) fails to answer a grievance within the specified time period, it shall be deemed denied; the Union may then advance the grievance to the next step. If not otherwise excluded from arbitration, and if grievances not settled in the Steps of the grievance is not satisfactorily resolved at Step 3, the Association or the Town procedure may move the grievance be moved to arbitration, arbitration within twenty-one fourteen (2114) calendar days of receiving the answer in Step 3, 2 by submitting a letter written notice to the other party by mail, email, or hand delivery stating the intention to arbitrate. The parties shall mutually attempt to select an arbitrator, failing which provided, however, if the parties are unable to agree upon an arbitrator will within seven (7) days following submission, the arbitrator shall be selected under the rules of designated by the American Arbitration AssociationAssociation under its current rules and procedures. The fees fee and expenses of the Arbitrator arbitrator shall be shared equally by the partiesparties and each party shall bear the expense of its own representatives and witnesses. The authority of the arbitrator shall be limited to the interpretation of this Agreement. The arbitrator shall be without power to alter, amend, add to or detract from the language of this Agreement or to hold ex parte hearings. The decision of the Arbitrator arbitrator, within the scope of their authority, shall be final and binding on upon the parties. The Arbitrator arbitrator shall only determine issues which are submitted to them by the parties, provided, however, in the event the parties are unable to agree in the framing of the issue(s), the arbitrator shall have no power to add to, subtract from or modify this Agreement. The Arbitrator shall only interpret such items and determine such issues as may be submitted to that authority within the Arbitrator in writing context of the grievance filed by the parties pursuant to this Article. If the matter grieved pursuant to this Article is a disciplinary action taken against a permanent employee, at the arbitration hearing, the Town shall have the burden of proof by a preponderance of the evidence that there was just cause for the disciplinary actionUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement