Written Steps. FIRST STEP. A grievance must be reduced to writing, stating the facts upon which it is based, timing, persons involved, and denote the section(s) of the Agreement allegedly violated. The grievance must be signed by the employee filing the grievance and presented to the employee's department head by the ▇▇▇▇▇▇▇ within five (5) days after receipt of the answer to the oral step. The grievance must also be written on a form mutually agreeable to the Association and the Employer. SECOND STEP. Should the grievance remain unresolved, the Association ▇▇▇▇▇▇▇ and/or employee must present the appeal to the Director of Human Resources within five (5) regularly scheduled working days after the date of the written response. The Director of Human Resources and/or someone designated by him shall meet with the Association grievance committee to discuss the grievance within seven (7) regularly scheduled working days after the second step appeal is presented. The grievant shall be represented by the Association committee of not more than three (3) persons, one (1) of whom shall be a representative from the Michigan Association of Public Employees (MAPE), and another representative shall be the ▇▇▇▇▇▇▇ representing the department where the grievance arose. The grievant will be excused to attend this meeting upon request of the Association. If necessary, the parties will reschedule the meeting to accommodate the grievant’s work schedule. THIRD STEP. Should the grievance still remain unresolved, within fifteen (15) regularly scheduled working days (Saturdays, Sundays and holidays excluded) after receipt of the answer derived from the second step, the Association ▇▇▇▇▇▇▇ and/or employee shall submit written notice to the Director of Human Resources of their desire to arbitrate the grievance. Within ten (10) days of such notice, the parties must mutually agree upon an arbitrator to decide the issues. If the parties are unable to agree upon an arbitrator, the Association may request a list of arbitrators from the Federal Mediation and Conciliation Service in accordance with the following rules:
Appears in 1 contract
Sources: Labor Agreement
Written Steps. FIRST STEP. A grievance must be reduced to writing, stating the facts upon which it is based, timing, persons involved, and denote the section(s) of the Agreement allegedly violated. The grievance must be signed by the employee filing the grievance and presented to the employee's department head by the ▇▇▇▇▇▇▇ within five (5) days after receipt of the answer to the oral step. The grievance must also be written on a form mutually agreeable to the Association and the Employer. SECOND STEP. Should the grievance remain unresolved, the Association ▇▇▇▇▇▇▇ and/or employee must present the appeal .
(1) copy provided to the Director of Human Resources within five (5) regularly scheduled working days after the date of the written responsedepartment head. The Director of Human Resources and/or someone designated by him shall meet with the Association grievance committee to discuss the grievance within seven (7) regularly scheduled working days after the second step appeal is presented. The grievant shall be represented by the Association committee of not more than three (3) persons, one one
(1) of whom shall be a representative from the Michigan Association of Public Employees (MAPE), and another representative shall be the ▇▇▇▇▇▇▇ representing the department where the grievance arose. The grievant will be excused to attend this meeting upon request of the Association. If necessary, the parties will reschedule the meeting to accommodate the grievant’s work schedule. THIRD STEP. Should the grievance still remain unresolved, within fifteen Within seven (157) regularly scheduled working days (Saturdaysafter the discussion, Sundays the Director of Human Resources shall give the MAPE Office and holidays excluded) after receipt of the local President a written answer. If the answer derived from the second stepis satisfactory, the Association ▇▇▇▇▇▇▇ and/or employee representative shall submit written notice so indicate in writing giving one (1) copy of the settled grievance to the Director of Human Resources Resources. The request to FMCS will be for a list of their desire to arbitrate nine (9) arbitrators, from the grievanceState Of Michigan. Within ten Once the list of nine (109) days arbitrators has been received, either party may disqualify the entire list and request a new list of such notice, the parties must mutually agree upon an arbitrator to decide the issuesnine (9) arbitrators. If the parties are unable satisfied with the first list or once the second list is obtained, the parties shall confer and each party shall strike a name from the selected list of nine (9) names alternatively until there is only one
(1) name left and said person shall serve as arbitrator for the grievance. The arbitrator shall determine all questions over which he has jurisdiction pursuant to agree this Agreement, including threshold questions, if any, except questions of law. Failure to request arbitration in writing within the period as is set forth herein shall be deemed a withdrawal of the grievance, and it will not be considered further in the grievance procedure. The arbitrator shall have no authority to add to or subtract from, change or modify any provisions of this Agreement, but shall be limited solely to the interpretation and application of the specific provisions contained herein, including the application of any work rules promulgated by the Employer. The arbitrator shall have no authority to consider any facts, or rule upon an arbitratorany issues, not disclosed by the grievant, the Association or the Employer prior to the commencement of the arbitration hearing. However, nothing contained herein shall be construed to limit the authority of the arbitrator, in his own judgment, to sustain, reverse or modify any alleged unjust discipline, including discharge that may request reach this step of the grievance procedure. The decision of the arbitrator shall be final and binding upon the grievant, the Association and the Employer provided he has not exceeded his authority as outlined herein. The expenses and fees of the arbitrator shall be paid by the losing party. Each party shall be responsible for the expense of its own witnesses, to include wages. If either party withdraws a list grievance or requests postponement and is granted same, the party requesting the postponement or withdrawing the grievance shall be responsible for the fees of arbitrators from the Federal Mediation arbitrator, if any. If the Association requests a postponement and Conciliation Service is granted same, the back pay liability of the Employer, if any, shall cease on the date the original hearing had been scheduled. If a grievance is settled by the parties prior to the arbitration hearing and/or award, expenses of the arbitration shall be paid as agreed upon in accordance with the following rules:settlement agreement.
Appears in 1 contract
Sources: Labor Agreement
Written Steps. FIRST STEP. A grievance must be reduced to writing, stating the facts upon which it is based, timing, persons involved, and denote the section(s) of the Agreement allegedly violated. The grievance must be signed by the employee filing the grievance and presented to the employee's department head by the ▇▇▇▇▇▇▇ within five (5) days after receipt of the answer to the oral step. The grievance must also be written on a form mutually agreeable to the Association and the Employer. SECOND STEP. Should the grievance remain unresolved, the Association ▇▇▇▇▇▇▇ and/or employee must present the appeal .
(1) copy provided to the Director of Human Resources within five (5) regularly scheduled working days after the date of the written responsedepartment head. The Director of Human Resources and/or someone designated by him shall meet with the Association grievance committee to discuss the grievance within seven (7) regularly scheduled working days after the second step appeal is presented. The grievant shall be represented by the Association committee of not more than three (3) persons, one one
(1) of whom shall be a representative from the Michigan Association of Public Employees (MAPE), and another representative shall be the ▇▇▇▇▇▇▇ representing the department where the grievance arose. The grievant will be excused to attend this meeting upon request of the Association. If necessary, the parties will reschedule the meeting to accommodate the grievant’s work schedule. THIRD STEP. Should the grievance still remain unresolved, within fifteen Within seven (157) regularly scheduled working days (Saturdaysafter the discussion, Sundays the Director of Human Resources shall give the MAPE Office and holidays excluded) after receipt of the local President a written answer. If the answer derived from the second stepis satisfactory, the Association ▇▇▇▇▇▇▇ and/or employee representative shall submit written notice so indicate in writing giving one (1) copy of the settled grievance to the Director of Human Resources Resources. The request to FMCS will be for a list of their desire to arbitrate nine (9) arbitrators, from the grievanceState Of Michigan. Within ten Once the list of nine (109) days arbitrators has been received, either party may disqualify the entire list and request a new list of such notice, the parties must mutually agree upon an arbitrator to decide the issuesnine (9) arbitrators. If the parties are unable satisfied with the first list or once the second list is obtained, the parties shall confer and each party shall strike a name from the selected list of nine (9) names alternatively until there is only one
(1) name left and said person shall serve as arbitrator for the grievance. The arbitrator shall determine all questions over which he has jurisdictionpursuant to agree this Agreement, including threshold questions, if any, except questions of law. Failure to request arbitration in writing within the period as is set forth herein shall be deemed a withdrawal of the grievance, and it will not be considered further in the grievance procedure. The arbitrator shall have no authority to add to or subtract from, change or modify any provisions of this Agreement, but shall be limited solely to the interpretation and application of the specific provisions contained herein, including the application of any work rules promulgated by the Employer. The arbitrator shall have no authority to consider any facts, or rule upon an arbitratorany issues, not disclosed by the grievant, the Association or the Employer prior to the commencement of the arbitration hearing. However, nothing contained herein shall be construed to limit the authority of the arbitrator, in his own judgment, to sustain, reverse or modify any alleged unjust discipline, including discharge that may request reach this step of the grievance procedure. The decision of the arbitrator shall be final and binding upon the grievant, the Association and the Employer provided he has not exceeded his authority as outlined herein. The expenses and fees of the arbitrator shall be paid by the losing party. Each party shall be responsible for the expense of its own witnesses, to include wages. If either party withdraws a list grievance or requests postponement and is granted same, the party requesting the postponement or withdrawing the grievance shall be responsible for the fees of arbitrators from the Federal Mediation arbitrator, if any. If the Association requests a postponement and Conciliation Service is granted same, the back pay liability of the Employer, if any, shall cease on the date the original hearing had been scheduled. If a grievance is settled by the parties prior to the arbitration hearing and/or award, expenses of the arbitration shall be paid as agreed upon in accordance with the following rules:settlement agreement.
Appears in 1 contract
Sources: Labor Agreement