Common use of – Additional Rules Governing Grievance and Arbitration Clause in Contracts

– Additional Rules Governing Grievance and Arbitration. The following rules shall apply to any grievances including those taken to arbitration. A. Election of forum (non duplication of remedies). The commencing of legal proceedings against the District in a court of law or equity, or before the Public Employees Relation Commission, or any other administrative agency, by an employee, employees or the union for an alleged violation or violations of the express terms of the agreement shall be deemed a waiver by said employee, employees, or the union of its/their right to resort to the grievance and arbitration procedure contained in this agreement for resolution on the alleged violation or violations of the express terms of this agreement. B. A party to a grievance proceeding shall have the right to representation of his choice at any step of the informal and formal proceedings. The aggrieved shall not be required to discuss any grievances if the aggrieved representative is not present. An employee may avail himself of the grievance procedure in person or by counsel and have such grievance adjusted without intervention of the union provided that: 1. The adjustment is not inconsistent with the terms of this agreement; and 2. The Union has been given reasonable opportunity to be present at any meeting called for in the resolution of such grievance. C. At any step in the grievance procedure, the time limits may be extended by mutual agreement of the parties to the grievance. Absences from duty, not to exceed ten (10) calendar days, for legally prescribed reasons shall automatically extend the time limits equal to the number of days of such absence. D. Except in cases that constitute dangerous or hazardous conditions, directives from supervisors shall be complied with pending resolution of any dispute. E. Any relief granted prior to step four (4) shall not be deemed to establish past practice, custom, precedent, or usage as to any other circumstances or occurrences without the approval of the Fire Chief. F. Step one (1) and/or step two (2) of the grievance procedure may be bypassed by mutual agreement of the aggrieved and the Fire Chief. The grievance shall then be brought directly to the next step. G. The parties will cooperate in the investigation of any grievance and will furnish each other with such requested information for the processing of any grievance provided the information is not legally restricted or work product related to the grievance or contract negotiations. H. No reprisals or recriminations of any kind shall be taken by the District, or Union, against any employee because of his participation or non-participation in the proceedings set forth in this article. I. Grievances and answers thereto submitted pursuant to this grievance procedure shall not be placed in employee’s permanent personnel files. J. All other rules covering arbitration shall follow the policies and procedures of the FMCS. K. Election of forum of any matter mutually covered by this bargaining unit contract and the rules and regulations, the aggrieved/accused shall elect to proceed in one forum or the other. Upon selection of a proceeding in the other forum. If however, it is determined by any judicial or administrative entity, or by the arbitrator under the bargaining unit contract, that the improper forum was selected, then the aggrieved/accused shall be allowed to file in the appropriate forum within five (5) calendar days of said determination being made.