Alternative to Formal Written Grievance in Cases of Non-Selection Clause Samples

This clause provides an alternative process to the formal written grievance procedure specifically for situations where an individual is not selected for a position or opportunity. Instead of requiring the aggrieved party to submit a formal written complaint, the clause may allow for informal discussions, mediation, or a simplified review process to address concerns about non-selection. Its core function is to streamline dispute resolution in these cases, reducing administrative burden and encouraging quicker, less adversarial outcomes.
Alternative to Formal Written Grievance in Cases of Non-Selection. In the event that an employee believes that his/her non-selection for a position violated the Agreement, he/she may, as an alternative to using the grievance process spelled out in Sections 3.B above, elect instead to meet with his/her supervisor, direct line manager or director, and the MainePERS Human Resources Manager to address the reasons for his/her non-selection and to attempt to develop a program that would address those concerns. Such a program may include in-house training, outside education and/or training approvals and financial support. The program must be consistent with MainePERS’ responsibilities to other employees’ training and development needs and with budget concerns.
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Alternative to Formal Written Grievance in Cases of Non-Selection. In the event that an employee believes that his/her non-selection for a position violated the Agreement, he/she may, as an alternative to using the grievance process spelled out above, elect instead to meet with his/her supervisor, direct line manager or director, and the MainePERS Human Resources Manager to address the reasons for his/her non-selection and to attempt to develop a program that would address those concerns. Such a program may include in-house training, outside education and/or training approvals and financial support. The program must be consistent with MainePERS’ responsibilities to other employees’ training and development needs and with budget concerns. 1. If a formal grievance has not been satisfactorily resolved during the process described above, the MSEA may submit the grievance to binding arbitration by submitting a written “Request for Arbitration” to the Labor Relations Connection (LRC) with a copy to the Chief Executive Officer (or designee), including a statement of the grievance to be arbitrated, the section(s) of the Agreement claimed to have been violated, and a statement of the remedy sought. Such a “Request for Arbitration” must be made within forty-two (42) days of receipt of the Chief Executive Officer’s written decision. An arbitrator shall be selected through the LRC in accordance with its rules then in effect. 2. The arbitrator shall have no authority to add to, subtract from or modify this Agreement. 3. The decision of the arbitrator shall be final and binding on MainePERS, and the MSEA and the employee(s) affected.
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Related to Alternative to Formal Written Grievance in Cases of Non-Selection

  • Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration. 2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request. 3. Internal Steps in the Procedure a. Step One: The Director of Human Resources (1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form. (2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties. (3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision. (4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form. (5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.

  • Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the ▇▇▇▇▇▇▇ or the Union.