Common use of Alternative to Formal Written Grievance in Cases of Non-Selection Clause in Contracts

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.

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 Director (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 OfficerDirector’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.