Common use of CONTRACT DISPUTE RESOLUTION Clause in Contracts

CONTRACT DISPUTE RESOLUTION. 40.1 Any grievance which may arise between an employee and the County with respect to the interpretation or application of any of the terms of this Memorandum of Understanding and with respect to such matters as the discharge, demotion or discipline of an individual regular employee shall be determined by the provisions of this Article. Except as provided by law, probationary employees shall not be entitled to process grievances with respect to matters of discharge, demotion, or discipline. This shall not, however, prevent a probationary employee from enforcing any other rights under this Memorandum of Understanding. Grievant as used herein is defined as an employee or group of employees of the County or the Union itself on behalf of the employees it represents. Employees covered by the State of California Merit System may use either this grievance procedure or the Merit System appeal procedure, but not both. 40.2 Step One The initial step in the adjustment of a grievance shall be a discussion between the grievant or grievant's representative and the grievant's immediate management level supervisor, who will answer within ten (10) calendar days. This step shall be started within thirty (30) calendar days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the grievant. Notwithstanding the foregoing, it is agreed that Step One for a grievance resulting from the imposition of discipline shall be at the step or level immediately above where discipline was imposed. This would normally be Step Four (4), Mediation. Such grievance shall be filed within fourteen (14) calendar days of the date of the imposition of discipline. For any grievance filed in accordance with Section 40.1 with respect to interpretation or application of any of the terms of this Memorandum of Understanding, in County departments where the grievant employee’s immediate management-level supervisor is also the Department Head, the grievant may combine Steps 1 through 3 by appealing or having the grievant’s Union representative appeal the dispute to the Department Head, who shall respond in writing within twenty (20) calendar days. Thereafter, if the grievant or Union wishes to appeal, the grievance may be appealed to Step 4 (Section Nothing shall prevent the grievant and/or grievant’s Union representative from engaging in informal attempt(s) to resolve the dispute at this level. 40.3 Step Two If a grievance is not resolved at Step One, Step Two shall be the presentation of the grievance in writing by either the grievant or the employee's representative to the Division Head or designee, who shall answer, in writing, within twenty (20) calendar days. Step Two shall be taken within ten (10) calendar days of the date of the answer in Step One. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section(s) of this Memorandum of Understanding alleged to be violated, and the specific remedy sought. For any grievance filed in accordance with Section 40.1 with respect to interpretation or application of any of the terms of this Memorandum of Understanding, in County departments where the grievant employee’s immediate Division Head is also the Department Head, the grievant may combine Steps 2 and 3 by appealing or having he grievant’s Union representative appeal the dispute to the Department Head, who shall respond in writing within twenty (20) calendar days. Thereafter, if the grievant or Union wishes to appeal, the grievance may be appealed to Step 4 (Section 40.5). Nothing shall prevent the grievant and/or grievant’s Union representative from engaging in informal attempt(s) to resolve the dispute at this level. 40.4 Step Three If a grievance is not resolved at Step Two, Step Three shall be the presentation of the grievance, in writing, by either the grievant or the employee's representative to the Department Head or designee, who shall answer, in writing, within twenty (20) calendar days. Step Three shall be taken within ten (10) calendar days of the date of the answer in Step Two. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section(s) of this Memorandum of Understanding alleged to be violated, and the specific remedy sought. 40.5 Step Four If a grievance is not resolved at Step Three, Step Four shall be referral by the Union to mediation within twenty (20) calendar days of the answer in Step Three. Whenever a grievance is referred to mediation, either party may request that the California State Mediation and Conciliation Service refer a state mediator. The state mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. If either party does not agree with the mediator’s recommendation as to resolution of the dispute, the union may continue through the prescribed contract dispute resolution procedure to Step Five (Section 40.6(a)). Referral to Step Five shall not occur until a mediator has released the parties from the mediation process. At any point in the grievance process prior to arbitration and with mutual agreement of the parties, the County and the Union may conduct an informal settlement conference to attempt to resolve the dispute.

CONTRACT DISPUTE RESOLUTION. 40.1 Any grievance which may arise between an employee and the County with respect to the interpretation or application of any of the terms of this Memorandum of Understanding and with respect to such matters as the discharge, demotion or discipline of an individual regular employee shall be determined by the provisions of this Article. Except as provided by law, probationary employees shall not be entitled to process grievances with respect to matters of discharge, demotion, or discipline. This shall not, however, prevent a probationary employee from enforcing any other rights under this Memorandum of Understanding. Grievant as used herein is defined as an employee or group of employees of the County or the Union itself on behalf of the employees it represents. Employees covered by the State of California Merit System may use either this grievance procedure or the Merit System appeal procedure, but not both. 40.2 Step One The initial step in the adjustment of a grievance shall be a discussion between the grievant or grievant's representative and the grievant's immediate management level supervisor, who will answer within ten (10) calendar days. This step shall be started within thirty (30) calendar days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the grievant. Notwithstanding the foregoing, it is agreed that Step One for a grievance resulting from the imposition of discipline shall be at the step or level immediately above where discipline was imposed. This would normally be Step Four (4), Mediation. Such grievance shall be filed within fourteen (14) calendar days of the date of the imposition of discipline. For any grievance filed in accordance with Section 40.1 41.1 with respect to interpretation or application of any of the terms of this Memorandum of Understanding, in County departments where the grievant employee’s immediate management-level supervisor is also the Department Head, the grievant may combine Steps 1 through 3 by appealing or having the grievant’s Union representative appeal the dispute to the Department Head, who shall respond in writing within twenty (20) calendar days. Thereafter, if the grievant or Union wishes to appeal, the grievance may be appealed to Step 4 (Section Nothing shall prevent the grievant and/or grievant’s Union representative from engaging in informal attempt(s) to resolve the dispute at this level. 40.3 Step Two If a grievance is not resolved at Step One, Step Two shall be the presentation of the grievance in writing by either the grievant or the employee's representative to the Division Head or designee, who shall answer, in writing, within twenty (20) calendar days. Step Two shall be taken within ten (10) calendar days of the date of the answer in Step One. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section(s) of this Memorandum of Understanding alleged to be violated, and the specific remedy sought. For any grievance filed in accordance with Section 40.1 41.1 with respect to interpretation or application of any of the terms of this Memorandum of Understanding, in County departments where the grievant employee’s immediate Division Head is also the Department Head, the grievant may combine Steps 2 and 3 by appealing or having he grievant’s Union representative appeal the dispute to the Department Head, who shall respond in writing within twenty (20) calendar days. Thereafter, if the grievant or Union wishes to appeal, the grievance may be appealed to Step 4 (Section 40.541.5). Nothing shall prevent the grievant and/or grievant’s Union representative from engaging in informal attempt(s) to resolve the dispute at this level. 40.4 Step Three If a grievance is not resolved at Step Two, Step Three shall be the presentation of the grievance, in writing, by either the grievant or the employee's representative to the Department Head or designee, who shall answer, in writing, within twenty (20) calendar days. Step Three shall be taken within ten (10) calendar days of the date of the answer in Step Two. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section(s) of this Memorandum of Understanding alleged to be violated, and the specific remedy sought. 40.5 Step Four If a grievance is not resolved at Step Three, Step Four shall be referral by the Union to mediation within twenty (20) calendar days of the answer in Step Three. Whenever a grievance is referred to mediation, either party may request that the California State Mediation and Conciliation Service refer a state mediator. The state mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. If either party does not agree with the mediator’s recommendation as to resolution of the dispute, the union may continue through the prescribed contract dispute resolution procedure to Step Five (Section 40.6(a41.6(a)). Referral to Step Five shall not occur until a mediator has released the parties from the mediation process. At any point in the grievance process prior to arbitration and with mutual agreement of the parties, the County and the Union may conduct an informal settlement conference to attempt to resolve the dispute.