Grievance Settlements With respect to the processing, disposition, or settlement of any grievance initiated under this Agreement, and with respect to any court action claiming or alleging a violation of this Agreement, the Union shall be the sole and exclusive representative of the employee or employees covered by this Agreement. The disposition or settlement, by and between the Employer and the Union, of any grievance or other matter shall constitute a full and complete settlement thereof and shall be binding upon the Union and the bargaining unit, the employee or employees involved, and the Employer. The satisfactory settlement of all grievances shall be reduced to writing and shall be written on or attached to each copy of the written grievance and signed by the representatives involved. Unless otherwise expressly stated, all such settlements shall be without precedent for any future grievance.
Formal Grievance - Step 2 A. If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to a designated supervisor or manager identified by each department head as the second level of appeal. If the department head or designee is the first level of appeal, the grievant may bypass Step 2.
Formal Grievance - Step 1 A. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than:
Formal Grievance - Step 3 A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to a designated supervisor or manager identified by each department head as the third level of appeal. If the department head or designee is the second level of appeal, the grievant may bypass Step 3.
CENTRAL GRIEVANCE PROCEDURE 15.1 Effective until April 30, 2019, this procedure applies to differences:
Grievance Steps Grievances shall be handled in the following manner: Step One: The grievant, advocate and/or Union staff representative shall present a grievance orally to the grievant’s immediate supervisor within fifteen (15) calendar days from the date of the occurrence of the facts or from the date the alleged violation first became known, whichever is later. The supervisor shall respond in writing to the grievance within ten (10) calendar days of the presentation to agree to resolve the grievance or to deny the grievance. The supervisor’s response shall be addressed to both the grievant and the Union. Should the supervisor fail to respond within this time frame, the Union shall have the right to forward the grievance to the next step. Step Two: If no resolution or settlement is reached between the grievant and the supervisor, the grievant or the Union may file a written appeal of the supervisor’s decision rendered in Step One to the appropriate Program Director or his/her designated representative. The grievant or Union shall file this written grievance within fifteen (15) calendar days after his/her receipt of the supervisor’s decision from Step One. A meeting with the appropriate Program Director or his/her representative, the grievant and the advocate or Union staff representative shall be held not later than ten (10) calendar days after receipt of the written grievance. The appropriate Program Director’s response shall be addressed to the grievant and the Union. The appropriate Program Director’s response shall be final and binding on the employee, the Union, and the Employer unless it is timely appealed to arbitration by the Union in accordance with this Article. Grievances concerning discharge or discrimination, or grievances filed by the Union shall be filed initially at Step Two. Group grievances claiming the same alleged conduct involving employees who work under more than one supervisor may be filed initially at Step Two. Multiple individual grievances alleging the same violation that are filed during the same time frame may be combined into a group grievance and commenced at Step Two.
The Settlement The Settlement was reached on May 11, 2018. Class Counsel filed this action on May 10, 2018. Over two years prior to the filing of this action, Class Counsel and Defendant’s Counsel conducted an adversarial informal discovery process. Class Counsel reviewed and analyzed thousands of pages of documents provided by Defendant and also reviewed many other documents, including U.S. Department of Labor Forms 5500 and other publicly available documents. The Parties participated in mediation before a nationally recognized mediator who has extensive experience in resolving similar claims involving other 401(k) plans. Only after six months of extensive arm’s length negotiation following the mediation were the parties able to agree to the terms of the Settlement. As part of the Settlement, a Qualified Settlement Fund of $17,000,000 will be established to resolve the Class Action. The Net Settlement Amount is $17,000,000 minus any Administrative Expenses, taxes, tax expenses, Court-approved Attorneys’ Fees and Costs, Class Representatives’ Compensation, and other approved expenses of the litigation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. In addition to the monetary component of the Settlement, the Parties to the Settlement have agreed to certain additional terms: (1) During the first eighteen months (18) following the final approval of the Settlement, Defendant has agreed that the Plan’s fiduciaries will conduct a Request for Proposal (“RFP”) process for recordkeeping services to the Plan; (2) Within the first year following final approval of the Settlement, Defendant has agreed to publish a communication to then current Plan participants explaining the risks and benefits of the Plan’s money market fund investment option; (3) Defendant also will use an independent consultant familiar with fixed income investment options in defined contribution plans who will review the investment lineup and make recommendations to the Plan’s fiduciaries regarding whether to retain the money market fund and whether to add a stable value or comparable fund; (4) In addition, during the three- year Settlement period, Defendant has agreed to provide Class Counsel a list of the Plan’s investment options and fees; and (5) In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (a) the lowest-cost share class available for any particular mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (b) the availability of revenue sharing rebates on any share class available for any particular mutual fund considered for inclusion in the Plan; and (c) the availability of collective trusts, to the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan.
Commercial Settlement All the commercial settlements under this agreement shall be as per Government of Gujarat’s Solar Power Policy 2015 and Order No. 3 of 2015 dated 17.08.2015 of the Gujarat Electricity Regulatory Commission and any subsequent orders in this regard. The commercial settlement will be as follows:
Grievance Redress Mechanism The Recipient shall maintain, throughout Project implementation, and publicize the availability of a grievance mechanism, in form and substance satisfactory to the Association, to hear and determine fairly and in good faith all complaints raised in relation to the Project, and take all measures necessary to implement the determinations made by such mechanism in a manner satisfactory to the Association.
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
