Formal Grievance Procedure. a. STEP 1 i. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D). ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative. iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative. iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure. b. STEP 2 i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event. ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee. iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance. iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure. c. STEP 3 i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager. ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing. iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure. iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility. d. STEP 4 i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS). ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS. iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure e. STEP 5 i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. a. STEP 1
i. Within five (5) working days after receiving The formal grievance procedure shall be used to resolve an unsatisfactory answer at the employee's complaint not satisfactorily resolved by informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D)discussion.
ii. The supervisor shall, within seven a. An employee (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure.
b. STEP 2
i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or and/or his/her designee.
iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance.
iv. If the grievance is not settled in Step 2, then grievant(srepresentative) shall proceed have the right to Step 3 of the present a formal grievance procedure.
c. STEP 3
i. Within grievance, in writing, within ten (10) working days after the informal discussion of the written decision, grievance with the immediate supervisor or the immediate supervisor's superior. All formal grievances shall state the reasons for the complaint and the employee's suggested solution.
b. The formal grievance shall be presented to the department head. The department head shall discuss the grievance with the employee may advance and/or the grievance and/or appeal to the County Manager.
iiemployee's representative. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing.
iii. Within ten (10) working days of after receipt of the County Manager’s replyformal grievance, if the grievance and/or appeal is department head shall render a written decision regarding its merits. If the department head's decision does not settled in Step 3satisfactorily resolve the complaint, then grievant(s) shall proceed to Step 4 of the employee may present the formal grievance procedure.
ivto the City Manager. In order for a non-disciplinary The grievance to proceed from this point, shall be considered resolved and no further review of the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost subject matter of the grievance otherwise chargeable to the Association, shall be permitted under this rule when the employee’s responsibility.
d. STEP 4
i. Within employee does not seek further review of the grievance within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing after receipt of the intent decision of the department head. Failure of the department head to participate in render a pre-arbitration conference with a mediator from written decision on the Federal Mediation Conciliation Services grievance within five (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (105) working days constitutes a decision denying the grievance.
c. Either the City or the employee may request that a grievance be submitted to mediation prior to submittal to the City Manager pursuant to Section D below. Mediation step shall be conducted utilizing the services of the notice of intent State Mediation and request proposed dates for Conciliation Service and shall result in no cost to either party. Mediators will confidentially attempt to assist the mediation sessionparties in the resulting grievance prior to advancement to the next step. The Mediator may, if appropriate, make recommendations to the parties agree to participate in good faith in the mediation process, attempts to include working cooperatively to schedule resolve the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSgrievance.
iii. If d. When the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the employee presents a formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County City Manager and the District Attorney (or his/her designees)designee, the City Manager or his/her designee shall discuss the grievance with the employee and the employee's representative. Within fifteen (15) days after meeting with the employee and the employee's representative, the City Manager or his/her designee shall render a written decision regarding its merits. The decision of the City Manager or his/her designee shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City's administrative process.
e. The City shall not institute any reprisals against any employee or any representative resulting from the use of the grievance procedure.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Formal Grievance Procedure. a. STEP 1
i. Within a) An employee shall have the right to present a formal grievance, in writing, within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, discussion of the grievant(s) shall file a formal, written grievance with the immediate supervisor utilizing grievance form (Addendum D)or the immediate supervisor’s supervisor. All formal grievances shall state the reasons for the grievance; the City personnel rule, General Order, MOU provision or departmental policy at issue; and the employee’s suggested solution.
ii. b) The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor formal grievance shall give a written reply be presented to the grievant(s), and the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 Chief of the formal grievance procedure.
b. STEP 2
i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head Police or his/her designee.
iii. The Department Head, or hisS/her designee, he shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance.
iv. If discuss the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of with the formal grievance procedure.
c. STEP 3
i. employee and/or the employee’s representative. Within ten (10) working days after receipt of the formal grievance, the Chief of Police or his/her designee shall render a written decisiondecision regarding its merits. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule if the employee does not seek further review of the grievance within five (5) working days.
c) If the Chief of Police’s decision does not satisfactorily resolve the grievance, the employee may advance present the formal grievance to the Personnel Officer. The Personnel Officer shall discuss the grievance with the employee and/or appeal the employee’s representative. Within fifteen (15) working days after meeting with the employee and the employee’s representative, the Personnel Officer shall render a written decision regarding the grievance.
d) If the Personnel Officer’s decision does not satisfactorily resolve the grievance, or if the Personnel Officer fails to respond in writing as provided in Step (c) above, the employee shall have the right to refer the grievance to binding arbitration. Such referral shall be made in writing to the County Manager.
ii. Within Personnel Officer within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing.
iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS.
iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees)decision.
e) At any time, the parties may mutually agree to an extension of the above deadlines.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Formal Grievance Procedure. a. STEP (1
i. Within five (5) working days after receiving an unsatisfactory answer at Step 1. If the informal resolution stagegrievance is accepted, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D).
ii. The supervisor grievant shall, within seven (7) working calendar days, have a meeting submit the grievance to the Assistant Fire Chief. The Assistant Fire Chief, after conferring with the grievant(s)Deputy Fire Chief, and, if requestedshall meet with the grievant and thoroughly discuss the grievance prior to issuing any response to the employee. Within four (4) calendar days, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor Assistant Fire Chief shall give a the written reply decision to the grievant(s), and employee on the grievant(s)’ representative.
ivappropriate form. If the grievance Assistant Fire Chief fails to reply within this time period, or issues a decision which is not settled in Step 1 unsatisfactory to the grievant(s) shall employee, the employee may proceed to Step 2 of the formal grievance procedure.
b. STEP (2
i. In ) Step 2. Within fourteen (14) calendar days after the event the grievant is the AssociationAssistant Fire Chief’s response, the grievance employee or employee representative may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present submit the written grievance in writing to the Department Head or his/her designee.
iiiFire Chief. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within Within seven (7) working calendar days after receiving receipt of the grievance.
iv, the Fire Chief will call for a conference to allow for full discussion of the grievance with the parties involved and their representatives. Within fourteen (14) calendar days of the meeting, the Fire Chief must give a written decision on the appropriate form. If the grievance employee is not settled in Step 2, then grievant(s) shall proceed to Step 3 satisfied with the decision of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decisionFire Chief, the employee may advance the grievance and/or appeal proceed to the County Managernext step.
ii(3) Step 3. Within ten seven (107) working calendar days of receipt of a timely submitted grievance and/or appealafter the Fire Chief’s response, the County Manager employee shall reply in writing.
iiisubmit the written grievance on the appropriate form to the Director of Human Resources or designee. The grievance shall state that a resolution of the issue was unattainable through the informal and formal procedures through Step 2, and that the formal hearing is now requested. Within ten fourteen (1014) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working calendar days of receiving an unsatisfactory reply from the County Manager in Step 3grievance, the grievant(sDirector of Human Resources or designee, in concert with the Union, shall initiate the selection of a hearing officer as stated in the Article “Hearing Officer.” The Hearing Officer shall conduct a formal hearing on the grievance within thirty (30) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (10) working calendar days of appointment, in accordance with Section (8) of this procedure, unless the notice of intent and request proposed dates for the mediation session. The parties mutually agree to participate in good faith in extend the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCStime period.
iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).
Appears in 2 contracts
Sources: Memorandum of Understanding (Mou), Memorandum of Understanding
Formal Grievance Procedure. a. STEP 1
i. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D).
ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure.
b. STEP 2
i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) . UNION spokesperson shall present the written a formal grievance in writing to the Department Head employee’s immediate supervisor, who should hold the rank of not less than a Battalion Chief or his/her designeeDivision Chief, with a copy to the Fire Chief, not later than thirty (30) calendar days after knowledge of occurrence of the circumstance out of which the grievance arose.
iiiStep 2. The Department Head, or his/her designee, supervisor receiving the formal grievance shall render a decision in writing to the grievant(s) within seven (7) working calendar days after receiving receipt of the grievance.
ivStep 3. Failing to reach a satisfactory understanding or adjustment at Step 2, the grievance will be presented in writing to the Fire Chief.
Step 4. The Fire Chief shall render a final decision regarding the grievance in writing to the employee and to UNION within ten (10) calendar days after receipt of the formal grievance.
Step 5. If the grievance is not settled in Step 2still unsettled, then grievant(s) shall proceed any party to Step 3 of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager.
ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appealmay, the County Manager shall reply in writing.
iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (10) working calendar days following the decision of the notice of intent Fire Chief, have the right to have the matter arbitrated by a third party jointly agreed upon by CITY and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS.
iiiUNION. If the grievance is not settled in Step 4parties are unable to agree upon an arbitrator, the grievant(sFederal Mediation and Conciliation Service shall be requested to submit the names of five (5) arbitrators. CITY and UNION shall proceed alternately strike a name from the list (the first to Step 5 strike shall be determined by lot) until the name of one (1) individual remains. The remaining person shall be the arbitrator. The designated arbitrator shall hear both parties over the disputed matter and shall render a decision within thirty (30) days which shall be final and binding. The arbitrator shall have no right to amend, modify, nullify, ignore, or add provisions to this Agreement, but shall be limited to consideration of the formal grievance procedure
e. STEP 5
i. Within ten (10particular choice(s) working days presented. The arbitrator shall not have the right to make any punitive awards. Expenses for the arbitrator shall be borne jointly by the parties concerned; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the termination proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager transcript and the District Attorney (or his/her designees)all copies.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. a. STEP 1
i. Within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) shall file a formal, written grievance with the supervisor utilizing NCLEA grievance form (Addendum D).
ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure.
b. STEP 2
i. In the event the grievant is the Association, the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee.
iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance.
iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager.
ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing.
iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS.
iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. a. STEP 1
i. Within five (5) working days after receiving an unsatisfactory answer at If the grievant is not satisfied with the written response to the informal resolution stagegrievance discussion, s/he may file a formal grievance. The formal grievance must be filed within ten (10) Court workdays of receipt of the written response to the informal grievance discussion.
STEP 1 A formal grievance must be preceded by an informal grievance discussion as stated in Section 51.5 above. Step 1 shall be filed with Human Resources on a form mutually agreed to by the parties within ten (10) court workdays of the grievant’s receipt of the informal written response. The parties agree that the current grievance form shall be used until a new form is mutually agreed upon. Human Resources will provide a copy of the written formal grievance to the individual identified as having made the decision giving rise to the dispute. The grievance form(s) can be found in Human Resources or on the court’s intranet. A meeting shall be scheduled within ten (10) court workdays of the filing to meet and to review the facts, gather all supporting documents, discuss the complaint and desired solution. The attendees at this meeting shall include the grievant, their representative (if desired by the grievant), the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form grievant’s immediate manager (Addendum D).
ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply or employer representative whose decision gave rise to the grievant(sdispute), and a Human Resources representative. A written response from Human Resources shall be provided within ten (10) court work days of the grievant(s)’ representativemeeting.
iv. STEP 2 If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure.
b. STEP 2
i. In the event the grievant is unsatisfied with the Associationdecision at Step 1 above, the grievance grievant may commence directly at Step 2 within fifteen (15) working days from appeal the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee.
iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving CEO. Such written appeal must be filed with the grievance.
iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager.
ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing.
iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS CEO within ten (10) working days Court workdays of receipt of the notice of intent and request proposed dates for the mediation sessionStep 1 decision. The parties agree to participate in good faith in the mediation processCEO shall, to include working cooperatively to schedule the mediation as quickly as feasibleif requested, but in no event longer than sixty (60) days after initiation of the process hold a formal meeting with the FMCS.
iii. If grievant (and their representative, if desired by the grievance is not settled in Step 4, grievant) and the grievant(sgrievant’s manager (or the employer representative whose decision gave rise to the dispute) shall proceed to Step 5 of the formal grievance procedure
e. STEP 5
i. Within within ten (10) working days Court workdays of the termination grievant’s submission of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or their written appeal to the Department Head, County Manager and the District Attorney (or his/her designees).CEO. The CEO shall issue their written decision within ten
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. a. STEP 1
i. Within five (5) working days after receiving an unsatisfactory answer at . Step 1. If the informal resolution stagegrievance is accepted, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D).
ii. The supervisor grievant shall, within seven (7) working calendar days, have a meeting submit the grievance to the Division Chief. The Division Chief, after conferring with the grievant(s)Assistant Chief, and, if requestedshall meet with the grievant and thoroughly discuss the grievance prior to issuing any response to the employee. Within four (4) calendar days, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor Division Chief shall give a the written reply decision to the grievant(s), and employee on the grievant(s)’ representative.
ivappropriate form. If the grievance Division Chief fails to reply within this time period, or issues a decision which is not settled in Step 1 unsatisfactory to the grievant(s) shall employee, the employee may proceed to Step 2 of the formal grievance procedure.
b. STEP 2
i. In . Step 2. Within fourteen (14) calendar days after the event the grievant is the AssociationDivision Chief’s response, the grievance employee or employee representative may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present submit the written grievance in writing to the Department Head or his/her designee.
iiiFire Chief. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within Within seven (7) working calendar days after receiving receipt of the grievance.
iv, the Fire Chief will call for a conference to allow for full discussion of the grievance with the parties involved and their representatives. Within fourteen (14) calendar days of the meeting, the Fire Chief must give a written decision on the appropriate form. If the grievance employee is not settled in Step 2, then grievant(s) shall proceed to Step 3 satisfied with the decision of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decisionFire Chief, the employee may advance the grievance and/or appeal proceed to the County Managernext step.
ii3. Step 3. Within ten seven (107) working calendar days of receipt of a timely submitted grievance and/or appealafter the Fire Chief’s response, the County Manager employee shall reply in writing.
iiisubmit the written grievance on the appropriate form to the Human Resources Division Manager. The grievance shall state that a resolution of the issue was unattainable through the informal and formal procedures through Step 2, and that the formal hearing is now requested. Within ten fourteen (1014) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working calendar days of receiving an unsatisfactory reply from the County Manager in Step 3grievance, the grievant(s) shall notify the Department Head, County Human Resources Division Manager, and District Attorney in writing concert with the Union, shall initiate the selection of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (10) working days of the notice of intent and request proposed dates for the mediation session. The parties agree to participate in good faith hearing officer as stated in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSArticle “Hearing Officer.
iii. If ” The Hearing Officer shall conduct a formal hearing on the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees).within thirty
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. a. STEP
1
i. Within five . First Level of Review (5Step 1) working days after receiving an unsatisfactory answer at the informal resolution stage, the grievant(s) The grievance shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D).
ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply be presented in writing to the grievant(s)unit employee's immediate supervisor, who shall render his/her decision and comments in writing and return them to the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedure.
b. STEP 2
i. In the event the grievant is the Association, the grievance may commence directly at Step 2 unit employee within fifteen (15) working calendar days from the event creating after receiving the grievance or from in writing. The initial written grievance should contain the date that name of the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1grievant, the grievant(sname of the grievant’ s representative, if any, identification of nature of the grievance and any rule, regulation or MOU provision alleged to be violated, the remedy requested and any other information to assist in resolving the grievance. If the unit employee does not agree with his/her supervisor's decision, or if no answer has been received within fifteen (15) shall present calendar days after submitting the written grievance in writing to the Department Head or immediate supervisor, the unit employee may present an appeal in writing to the Fire Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her designeesupervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance.
iii2. Department Review (Step 2) The Department HeadFire Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Fire Chief (or designee) shall render his/her decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Fire Chief, or within a total of twenty-five (25) calendar days following submittal of the written grievance to the Fire Chief if no decision is rendered, will constitute a withdraw/dropping of the grievance.
3. City Administrator Review (Step 3) The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the grievant(sunit employee within twenty (20) within seven (7) working calendar days after receiving the grievance.
iv. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance is not settled in Step 2to binding arbitration, then grievant(s) shall proceed to Step 3 as outlined below. Failure of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decision, the unit employee may advance the grievance and/or appeal to the County Manager.
ii. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing.
iii. Within ten (10) working days of receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this point, the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS take further action within ten (10) working calendar days after receipt of the notice City Administrator's decision, or within a total of intent and request proposed dates for the mediation session. The parties agree to participate in good faith in the mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty twenty (6020) calendar days after initiation following submittal of the process with written grievance to the FMCS.
iii. If the grievance City Administrator if no decision is not settled in Step 4, the grievant(s) shall proceed to Step 5 rendered will constitute a withdraw/dropping of the formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees)grievance.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. a. STEP 1
i. Within five (5) working days after receiving an unsatisfactory answer at 8.3.1 As used herein, “days” means day on which the informal resolution stageCollege business office is open, the grievant(s) shall file a formal, written grievance with the supervisor utilizing grievance form (Addendum D)exception of Saturdays, Sundays, and holidays.
ii. The supervisor shall, within seven (7) working days, have a meeting with the grievant(s), and, if requested, the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), and the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of 8.3.2 At any point during the formal grievance procedure.
b. STEP 2
i. In , representation from Human Resources may be invited into the event discussion. The grievant or the grievant is Union Co-Presidents or designee shall present a written statement on an official grievance form (See Appendix B) of the Association, alleged violation to the grievant’s immediate supervisor or appropriate administrator with a copy to the Human Resources Department. The grievance may commence directly at Step 2 must be filed within fifteen thirty (1530) working days from of the event creating occurrence giving rise to the grievance or from the date that when such event could reasonably have been ascertained or become known to the association gains knowledge grievant. The grievant’s immediate supervisor or appropriate administrator shall, within ten (10) days of such event.
iithe receipt of the grievance, confer with the grievant and/or their union representative to try to resolve the grievance. Within five (5) working days after the completion of receiving an unsatisfactory answer from the supervisor in Step 1conference, the grievant(s) grievant’s immediate supervisor or appropriate administrator shall present give their written decision.
8.3.3 If no agreement is reached in the written grievance in writing previous step, it will then be presented to the Department Head or his/her designee.
iiisupervisor’s immediate manager within five (5) days. The Department HeadStatements written by the grievant’s immediate supervisor, or his/her designeeappropriate administrator, and grievant shall render a decision in writing be forwarded to the grievant(s) within seven (7) working days after receiving the grievance.
iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decision, the employee may advance the grievance and/or appeal to the County Manager.
iisupervisor’s immediate manager. Within ten (10) working days of the receipt of a timely submitted grievance and/or the appeal, the County Manager supervisor’s immediate manager shall reply confer with the Union Co-Presidents or designee and the grievant in writingan effort to resolve the grievance. The supervisor’s immediate manager shall give the grievant an answer in writing within five (5) days after completion of the conference.
iii8.3.4 If no agreement is reached in the previous step within five (5) days, it then may be presented to the appropriate President’s Cabinet Member. Statements written by the grievant, and the grievant’s immediate supervisor, as well as statements written in Subsection 8.3.3 shall be forwarded to the appropriate President’s Cabinet Member. Within ten (10) working days of the receipt of the County Manager’s reply, if the grievance and/or appeal is not settled in Step 3, then grievant(s) shall proceed to Step 4 of the formal grievance procedure.
iv. In order for a non-disciplinary grievance to proceed from this pointappeal, the Association must by agreement of their board, become appropriate President’s Cabinet Member shall confer with the grievantUnion Co-Presidents or designee and the grievant in an effort to resolve the grievance. No individual non-discipline The President’s Cabinet Member shall give the grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance an answer in which the employee is proceeding without Association support, the cost of the grievance otherwise chargeable to the Association, shall be the employee’s responsibility.
d. STEP 4
i. Within writing within five (5) working days after completion of the conference.
8.3.5 If no agreement is reached in the previous step, within five (5) days of receiving an unsatisfactory reply from the County Manager in Step 3receipt of the President’s Cabinet Member’s answer, the grievant(s) employee may submit to the President or designee of the College a signed statement of grievance. The statement of the grievance shall notify name the Department Heademployee involved, County Managershall state the facts giving rise to the grievance, shall identify all the provisions of this Agreement alleged to be in violation by appropriate reference, shall state the contention of the employee and/or of the Union Executive Board with respect to these provisions, shall indicate the relief requested, and District Attorney shall be signed by the employee involved. Within ten (10) days of the receipt of the appeal, the President or designee shall confer with the Union Co-Presidents or designee and the grievant in an effort to resolve the grievance. The President or designee shall give an answer in writing of the intent to participate in a pre-arbitration conference with a mediator from the Federal Mediation Conciliation Services (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (10) working days of days. If further investigation is needed by either party, additional time by mutual agreement may be allowed.
8.3.6 If the notice of intent and request proposed dates for Union disagrees with the mediation session. The parties agree to participate in good faith decision in the previous step, they may request nonbinding mediation process, to include working cooperatively to schedule the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCS.
iii. If the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the formal grievance procedure
e. STEP 5
i. Within within ten (10) working days after receiving the decision. Both parties must agree to nonbinding mediation. The Union and the College may, by mutual agreement, seek the services of the Federal Mediation and Conciliation Service (FMCS) to assist in resolving any grievance that reaches the arbitration step. Mediation is only binding if the parties can come to an agreement. The Mediator shall have no power to alter, add to, or subtract from the terms of the Agreement. If mediation is unsuccessful, arbitration and respective timeline as outlined in Subsection 8.3.7 will apply.
8.3.7 If the Union Executive Board is not satisfied with the disposition of the grievance at Subsection 8.3.6, it may submit the grievance to arbitration by filing a demand for the same with the College President or designee within twenty (20) days of the termination of Subsection 8.3.5 answer or if the College did not agree to mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County Manager and the District Attorney (or his/her designees)Subsection 8.3.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. The formal grievance procedure shall be used to resolve an employee's complaint not satisfactorily resolved by informal discussion.
a. STEP 1
i. Within An employee (and/or his/her representative) shall have the right to present a formal grievance, in writing, within five (5) working days after receiving an unsatisfactory answer at the informal resolution stage, discussion of the grievant(s) shall file a formal, written grievance with the immediate supervisor utilizing grievance form (Addendum D).
iior the immediate supervisor's superior. The supervisor shall, within seven (7) working days, have a meeting with All formal grievances shall state the grievant(s), and, if requested, reasons for the grievant(s)’ representative.
iii. Within seven (7) working days thereafter, the supervisor shall give a written reply to the grievant(s), complaint and the grievant(s)’ representative.
iv. If the grievance is not settled in Step 1 the grievant(s) shall proceed to Step 2 of the formal grievance procedureemployee's suggested solution.
b. STEP 2
i. In The formal grievance shall be presented to the event the grievant is the Association, department head. The department head shall discuss the grievance may commence directly at Step 2 within fifteen (15) working days from the event creating the grievance or from the date that the association gains knowledge of such event.
ii. Within five (5) working days of receiving an unsatisfactory answer from the supervisor in Step 1, the grievant(s) shall present the written grievance in writing to the Department Head or his/her designee.
iii. The Department Head, or his/her designee, shall render a decision in writing to the grievant(s) within seven (7) working days after receiving the grievance.
iv. If the grievance is not settled in Step 2, then grievant(s) shall proceed to Step 3 of the formal grievance procedure.
c. STEP 3
i. Within ten (10) working days of the written decision, with the employee may advance and/or the grievance and/or appeal to the County Manager.
iiemployee's representative. Within ten (10) working days of receipt of a timely submitted grievance and/or appeal, the County Manager shall reply in writing.
iii. Within ten (10) working days of after receipt of the County Manager’s replyformal grievance, if the grievance and/or appeal is department head shall render a written decision regarding its merits. If the department head's decision does not settled in Step 3satisfactorily resolve the complaint, then grievant(s) shall proceed to Step 4 of the employee may present the formal grievance procedure.
ivto the City Manager. In order for a non-disciplinary The grievance to proceed from this point, shall be considered resolved and no further review of the Association must by agreement of their board, become the grievant. No individual non-discipline grievant may proceed past Step 3 without the Association support. In the event of a discipline grievance in which the employee is proceeding without Association support, the cost subject matter of the grievance otherwise chargeable to the Association, shall be permitted under this rule when the employee’s responsibility.
d. STEP 4
i. Within employee does not seek further review of the grievance within five (5) working days of receiving an unsatisfactory reply from the County Manager in Step 3, the grievant(s) shall notify the Department Head, County Manager, and District Attorney in writing after receipt of the intent decision of the department head. Failure of the department head to participate in render a pre-arbitration conference with a mediator from written decision on the Federal Mediation Conciliation Services grievance within five (FMCS).
ii. The grievant(s) shall contact the FMCS within ten (105) working days constitutes a decision denying the grievance.
c. Either the City or the employee may request that a grievance be submitted to mediation prior to submittal to the City Manager pursuant to Section D below. Mediation step shall be conducted utilizing the services of the notice of intent State Mediation and request proposed dates for Conciliation Service and shall result in no cost to either party. Mediators will confidentially attempt to assist the mediation sessionparties in the resulting grievance prior to advancement to the next step. The Mediator may, if appropriate, make recommendations to the parties agree to participate in good faith in the mediation process, attempts to include working cooperatively to schedule resolve the mediation as quickly as feasible, but in no event longer than sixty (60) days after initiation of the process with the FMCSgrievance.
iii. If d. When the grievance is not settled in Step 4, the grievant(s) shall proceed to Step 5 of the employee presents a formal grievance procedure
e. STEP 5
i. Within ten (10) working days of the termination of the mediation process, the Association must submit in writing a notice of intent to arbitrate the grievance and/or appeal to the Department Head, County City Manager and the District Attorney (or his/her designees)designee, the City Manager or his/her designee shall discuss the grievance with the employee and the employee's representative. Within fifteen (15) days after meeting with the employee and the employee's representative, the City Manager or his/her designee shall render a written decision regarding its merits. The decision of the City Manager or his/her designee shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City's administrative process.
e. The City shall not institute any reprisals against any employee or any representative resulting from the use of the grievance procedure.
Appears in 1 contract
Sources: Memorandum of Understanding