CLAIMS AND GRIEVANCES Clause Samples
The "Claims and Grievances" clause establishes a formal process for parties to raise and resolve disputes or complaints arising under the agreement. Typically, it outlines the steps that must be followed when a party believes their rights have been violated or an obligation has not been met, such as providing written notice, engaging in discussions, or following a set timeline for resolution. This clause ensures that disagreements are addressed systematically and fairly, helping to prevent escalation and maintain a constructive working relationship between the parties.
CLAIMS AND GRIEVANCES.
(a) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company as to other similar claims or grievances.
(b) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) days from receipt of notice of disallowance, and the representative of the company shall be notified in writing within that time of the rejection of his decision. Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either a decision or appeal, up to and including the highest officer of the company designated for that purpose.
(c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within nine (9) months from the date of said officer's decision, proceedings are instituted by the employee or the employee’s duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the nine
CLAIMS AND GRIEVANCES. The District and the Union believe in order to ▇▇▇▇▇▇ good Labor-Management relations, potential grievance issues may be best addressed if such issues are informally discussed as early as possible after the issue is known. Therefore, the District and the Union encourage employees to discuss the matter with the Operations Control Center Supervisor(s), or designee, as soon as possible after the issue comes to his or her attention. Such discussion shall include the Local Representative. When issues are not resolved informally, the following procedures shall apply:
a. Presenting Claims and Grievances
STEP 1 Claims and grievances arising under the terms of this agreement, must be presented in writing to the Operations Control Center Director/designee by the claimant(s) involved or their representative within fifteen (15) days of the event, occurrence, or nonoccurrence giving rise to the grievance or claim. Claims may be filed at any time for continuing violations and all rights of the claimant or claimants involved thereby shall under this rule be fully protected by the filing of one claim or grievance based thereon as long as such violation, if found to be such, continues. However, no continuous claim shall be retroactive for more than fifteen (15) days prior to the filing thereof.
STEP 2 In the event the claim/grievance is not resolved to the satisfaction of the employee in STEP 1 above, the employee may submit the grievance to the Deputy Chief Development Officer/designee within ten (10) calendar days following the date of NCTD’s answer in Step 1. The Deputy Chief Development Officer/designee, the employee, and the Local Representative shall hold a meeting within ten (10) calendar days of the date the claim/grievance is appealed to Step 2 to discuss the claim/grievance. The Deputy Chief Development Officer/designee shall respond in writing to the claim/grievance to the employee, Local Representative, and General Chairperson within ten (10) calendar days following the date of the meeting. When the claim/grievance is denied, a reason for said denial will be provided.
CLAIMS AND GRIEVANCES. The Parties and the Cree bands agree that the claims and grievances against Canada relating to the following are hereby fully resolved between them:
a) reimbursement relating to past construction and past maintenance of the Nemaska access road;
b) any past relocations of the Cree Nation of Nemaska and the Waswanipi Band;
c) past housing and related infrastructure funding in any of the Cree communities; and
d) past constructions, past upgrades, past improvements, past repairs and past replacements of Band Facilities in any of the Cree communities.
CLAIMS AND GRIEVANCES. The Worksite Employer will immediately advise CSB in writing of any actions, suits, claims or grievances filed against the Worksite Employer, CSB, the State of Florida, Federal officials or participating Employees that in any way relates to this Agreement.
CLAIMS AND GRIEVANCES. The Worksite Partner will immediately advise CSS in writing of any actions, suits, claims or grievances filed against the Worksite Partner, CSS, and State of Florida, Federal officials, or participating Employees that in any way relates to this Agreement.
CLAIMS AND GRIEVANCES. If charges against the employee are not sustained, they shall be stricken from the records. If by reason of such unsustained charges, the employee has been removed from the position held, reinstatement shall be made; and payment allowed for the assigned working hours actually lost at the rate of pay of the position formerly held less amount earned by him/her either in or out of the service.
CLAIMS AND GRIEVANCES. All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the Carrier authorized to receive same, within 60 days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Carrier shall, within 60 days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.
CLAIMS AND GRIEVANCES. Should any employee, subject to this agreement, believe he has been unjustly dealt with, or any provisions of this agreement have been violated, the case shall be handled as follows:
(a) All claims or grievances shall be handled as follows:
CLAIMS AND GRIEVANCES. 27 5 Coroner's Inquest.............................. 15 1,2 Court Service.................................. 15 1,4 Combination Road-Yard.......................... 23 6 Deadheading:
CLAIMS AND GRIEVANCES. The parties agree to meet with the intention of mutually amending BMWE Rule 14 (OC) and BMWE Rule 64 (NEC) within six months of ratification of this agreement.