GRIEVANCE - STEP 3 Sample Clauses

GRIEVANCE - STEP 3. If the dispute is not resolved satisfactorily in Step 2, the initiator of the grievance (i.e., the Employer or the Union) may, within 15 work days of the decision at Step 2, give notice of its desire to submit the grievance to Arbitration for final and binding settlement on all parties. The notice shall contain a statement of the grievance in the form submitted at Step 2 and the name of the initiator’s appointee to the Grievance Arbitration Board. The recipient of the notice shall, within seven (7) calendar days inform the other party of the name of its appointee to the Grievance Arbitration Board. The two appointees so selected shall, within seven (7) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an appointee within the time limit indicated above, the appointment shall be made by the Director of Mediation Services upon the request of either party. If the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Director of Mediation Services upon the request of either party. The Grievance Arbitration Board shall hear and determine the matter and shall issue an award in writing and the decision is final and binding upon the parties and upon any employee affected by it. The decision of the majority is the award of the Grievance Arbitration Board, but if there is no majority, the decision of the Chairperson governs and it shall be deemed to be the award of the Grievance Arbitration Board. The parties may by mutual agreement elect Arbitration by a single Arbitrator under the provisions of the Alberta Labour Relations Code. If the parties are unable to mutually agree to finalization by a single Arbitrator, the grievance shall be settled by a Grievance Arbitration Board as provided for above. Each party to the difference shall bear the expense of its respective appointee to the Grievance Arbitration Board and the two parties shall bear equally the expenses of the Chairperson. It is agreed by the parties that the Arbitration Board may not by its decision alter, amend, add to or delete from the terms and conditions or the published wage and benefit programs, of this Agreement.
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GRIEVANCE - STEP 3. If the grievance is not settled at Step 2, the following procedure shall be followed:
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GRIEVANCE - STEP 3. If the grievance is not settled in Step 2, the Union shall request that the matter be submitted to grievance mediation through the Federal Mediation and Conciliation Service (FMCS). The Union or the District will notify FMCS and schedule the mediation within thirty (30) days.
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GRIEVANCE - STEP 3. If a satisfactory resolution is not reached in Step # 2, the Union representative will schedule a 3rd step meeting with the appropriate HR representative or their designee. A verbal agreement will be reached between the two (2) parties as to the date. The Union representative is responsible for providing an itinerary, which follows a numeric system, to the Associate Relations Manager (ARM) or their designee, and/or the Manager of Human Resources or their designee at least seven (7) days prior to the scheduled meeting. The Employer shall respond in writing to the Chief Shop Xxxxxxx or the Union Representative within seven (7) working days from the date of the meeting. If the Employer fails to respond in writing within thirty (30) days of third (3rd) step labor-management meeting, the grievance will automatically be granted to the Union. The Union then has thirty (30) calendar days from the date of receipt of the third (3rd) step labor management meeting response to notify the Employer of its intent to arbitrate.
Sample 1
GRIEVANCE - STEP 3. Section 2.5 If the grievance is not satisfactorily settled in Step 2, the Union may appeal. The grievance will be considered at a meeting with the Director-Human Resources of the Company or his/her designate. This appeal must be made in writing within fourteen (14) calendar days after receipt of the Company's written response to Step 2. It shall be a mutual responsibility to meet to consider the grievance within fourteen (14) calendar days after the appeal to Step 3 has been made. The Company, as soon as practical but normally within fourteen (14) calendar days following conclusion of discussions at Step 3, shall submit a final written response of its position on the grievance to the Union. If the grieved matter is subject to arbitration, the Union may request in writing that the matter be arbitrated. The written notification of arbitration must be received by the Company within twenty-eight (28) calendar days after notification of the Company's response at Step 3. The case will be closed if the notification of arbitration is not received by the Company within twenty-eight (28) calendar days. The grievance procedures outlined shall be followed in all circumstances unless specific deviation has been agreed to in writing by both the Company and the Union. The Company shall be under no obligation to process any grievance not submitted in compliance with the provisions of this section. The total time elapsed between the presentation of the written grievance at Step 1 and the Company's final response at Step 3 shall not exceed six (6) months or the grievance shall be considered closed. On an individual grievance-by-grievance basis and by mutual agreement in writing, the parties may agree to waive either the problem solving meeting, Step 1 or Step 2 in the grievance procedure, but in no event shall Step 3 be omitted or bypassed. The Company and the Union may mutually agree in writing to extend the time limits specified in the grievance procedure, provided such agreement is limited to a specific grievance and a new date is established. After an employee or employees have referred a grievance to the Union and the Union representative has formally presented the Company with the grievance, the Company will not discuss (except in the course of any investigation conducted by the Company) or adjust such grievance directly with said employee or employees.
Sample 1
GRIEVANCE - STEP 3. If a satisfactory resolution has not been reached in Step #2, the grievance shall be scheduled for a Labor/Management meeting. The Employer shall respond in writing to the Business agent within one work week from the date of said meeting to each grievance scheduled.
Sample 1
GRIEVANCE - STEP 3. Section 2.5 If the grievance is not satisfactorily settled in Step 2, the Union may appeal. The grievance will be considered at a meeting with the DirectorSenior Staff Consultant-Labor Relations of the Company or his/her designate. This appeal must be made in writing within fourteen
Sample 1
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Related to GRIEVANCE - STEP 3

  • Grievance Steps Step One (1) - Filing the Grievance with the Agency Director or Designee If an employee or the Union believes that he/she has been assigned duties not within his/her current classification, the employee or the Union may file a grievance with the Agency Director or designee. The Agency Director or designee shall investigate and issue a decision after review and approval by the Office of Collective Bargaining, within thirty-five (35) calendar days. A copy of the Director’s or designee’s decision and a legible copy of the grievance form shall be provided to the grievant and OCSEA Central Office. If the parties mutually agree, a meeting to attempt to resolve the grievance may be held at the grievant’s work site prior to the issuance of the decision of the Director or designee. A request by the Office of Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20) day period within which the Union has a right to appeal the matter to arbitration under Step Two (2). If the Director or designee determines that the employee is performing duties which meet the classification concept and which constitute a substantial portion of the duties (i.e., twenty percent (20%) or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) specified in another classification specification, the Director shall order the immediate discontinuance of the inappropriate duties being performed by the employee, unless the parties agree to the reclassification of the person and position pursuant to the provisions of this Article. If the duties are determined to be those contained in a classification with a lower pay range than the employee’s current classification, no monetary award will be issued. If the duties are determined to be those contained in a classification with a higher pay range than that of the employee’s current classification, the Director or designee shall issue an award of monetary relief, provided that the employee has performed the duties as previously specified for a period of four (4) or more working days. The amount of the monetary award shall be the difference between the employee’s regular hourly rate of pay, and the hourly rate of pay at the applicable step of the higher pay range for the new classification. The applicable step shall be the step in the higher pay range which is approximately four percent (4%) higher than the current step rate of the employee. If a step does not exist in the higher pay range that guarantees the employee approximately a four percent (4%) increase, the employee will be placed in the last step of the higher pay range. The placement into the last step does not necessarily guarantee a four percent (4%) increase. If the higher level duties are of a permanent nature as agreed to by the Union and the Employer, the employee shall be reclassified to the higher classification. If the duties are determined to be those contained in a classification with a lower pay range eighty percent (80%) or more of the time than that of the employee’s current classification: 1.) the Director or designee shall issue an award to cease the assignment of the lower level duties, and take appropriate action to assign duties consistent with the employee’s current classification; or 2.) the parties mutually agree to reclassify the employee to the lower level classification, the employee may be reassigned to the appropriate classification; or 3.) if the duties cannot be assigned by the Employer, other actions, as appropriate, may be initiated under this Agreement. Management shall discuss options with the Union. In no event shall the monetary award be retroactive to a date earlier than four (4) working days prior to the date of the filing of the original grievance. The date of the filing of the grievance shall be determined by the postmark or other evidence of delivery, whichever is earlier, to the agency. Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due. If the Employer fails to issue the answer and legible copy of the grievance form to the Central Office, the Union may appeal the grievance to arbitration at such time as it discovers such failure to timely answer, but not more than one-hundred twenty (120) days from the original filing of the grievance. The parties shall schedule an arbitrator to determine if an employee was performing the duties which meet the classification concept and consist of a substantial portion of the duties (i.e., 20% or more of the employee’s time if to a higher classification or eighty percent (80%) of the employee’s time if to a lower classification) as specified in the classification specification other than the one to which the employee is currently assigned and for what period of time. Present at the hearing shall be a union representative, the grievant or the employee whose duties are being challenged, and a management representative and agency designee who will present their arguments to the arbitrator. The employee’s position description will be admitted into evidence at the hearing. If the Union disagrees with the accuracy of the position description, it may file objections with the Management advocate accompanied by its version of what actual duties were performed at least two

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