GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada. 4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration. 4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4. 4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days. 4-5 STEP ONE: Informal Discussion: (a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance. (b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred. (c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article. (d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance grievance, which is defined as any dispute which arises regarding an interpretation, application, or alleged a violation of any of the provisions an express written term of this Agreement. A grievance may , need not be filed considered unless notification in writing is served by an Employee the Union upon the Employer within fourteen (14) calendar days of the School District covered occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement, individually . Nor shall the Arbitrator impose any limitation or through obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the Association, or limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Association. A grievance will not include Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any matter kind or action taken character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the school trustees, or any of its agents, for which relief is granted by procedures and in the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure manner set forth in this Article Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, determined in the event the grievance was filed first instance by the Employee, the Association, and the District mutually agree arbitrator or board. Neither Party to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement shall refuse to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended proceed to preclude an Employee with a potential grievance from informally discussing arbitration upon the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice grounds that the formal grievance procedure may be initiatedmatter in question is not arbitrable.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 10.1 All grievances, including grievances arising from the dismissal or suspension of an employee, shall first be discussed by the Shop ▇▇▇▇▇▇▇ and/or Shop Stewards with the Superintendent of the Shop or Plant, or with the Department head or his assistant. If agreement is not reached, the matter shall be referred by the Shop ▇▇▇▇▇▇▇ to the Business Manager of the Union, who will discuss it with senior officials of the Employer. If the grievance is not satisfactorily disposed of in this manner, it shall be referred to a Grievance Panel as defined as any dispute which arises regarding an interpretationin Article 10.4. If not resolved in this manner, application, or alleged violation of any it shall be referred to a Sole Arbitrator.
10.2 Upon completion of the provisions sittings of the Sole Arbitrator, the said Sole Arbitrator shall hand down its award within fifteen (15) days after the completion of its sittings and hearing of evidence and submission by the Parties, provided, however, that this Agreement. A grievance time limit may be filed by an Employee extended with the mutual consent of the School District covered by this Agreement, individually or through Employer and the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of NevadaUnion.
410.3 The decision of the Sole Arbitrator shall be final and binding on both Parties. Each Party shall pay one-2 The provisions half (1/2) of this Article are for the purpose fees and expenses of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of 10.4 During negotiations for a revised Collective Agreement, the grievance procedure set forth in this Parties agreed to introduce a variance to Article 10, the "Grievance and Arbitration Procedure" wherein it was agreed that a "Grievance Panel" should be established to hear unresolved grievances between the Parties. Such hearings shall be construed as maximum mutually agreed to and an attempt concluded immediately prior to any matter being referred to Arbitration. The Grievance Panel shall be made to expedite formed of three (3) members appointed by the processUnion and three (3) members appointed by the Employer or their respective representative(s). The time limits set forth appointees shall meet as required by either Party and in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits matters involving discipline including terminations. The Grievance Panel may be requested verbally or in writing to meet within twenty-four (24) hours if requested by either partyParty to do so. Verbal extensions The Grievance Panel shall have the power to adjust or settle any dispute referred to it on a majority decision. A majority decision of the Grievance Panel concerning a dispute or grievance shall be confirmed in writing final and binding, but failing a majority decision, either Party to a dispute may proceed to Arbitration. The method of selection of an arbitrator and/or panel of arbitrators shall be as agreed to by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.parties
Appears in 3 contracts
Sources: Master Line Agreement, Master Line Agreement, Master Line Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A .01 This grievance procedure is defined as not intended to preclude any dispute which arises regarding discussion between Employees, Union representatives and Employer representatives. An Employee should discuss a complaint with her immediate supervisor before presenting a grievance through the authorized representative of the Alliance. The supervisor shall discuss the complaint with the Employee in an attempt to resolve the issue and may remind the Employee of her right to have an Alliance ▇▇▇▇▇▇▇ or other authorized representative of the Alliance Company her during such discussion.
.02 If any differences concerning the interpretation, application, operation or any alleged violation of the Agreement arise between the Employer and/or the Union, or between the Employee(s) and the Employer, it shall be processed according to the following grievance procedure. Grievances involving the interpretation, application, operation or any alleged violation of the provisions Agreement must have the approval and support of this Agreementthe bargaining agent.
.03 The time limits set out in the grievance procedure are mandatory for both parties. A grievance In calculating time limits. All time limits shall be exclusive of Saturdays, Sundays and General Holidays and may be filed extended by an Employee of the School District covered by this Agreementmutual agreement in writing, individually or through the Association, or by the Association. A grievance such agreement will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevadabe unreasonably withheld.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including .04 If the time limits relating to these procedures which may culminate set out in arbitration.
4-3 Time limits indicated at each level Complaint Step, or Step 2 of the grievance procedure set forth in this Article shall are not complied with, then the grievance will be construed considered as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leavebeing abandoned, unless the Employeeparties have mutually agreed, in writing, to extend the event time limits.
.05 If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance was filed by to the Employeenext step or await the Employer’s response, in which case no time limit shall apply against the Association, Union until it has received the Employer’s response.
.06 Employee(s) upon request shall have the right to be represented at any step of the grievance procedure. The Employee(s) and the District mutually agree Union representative shall be given reasonable leave with pay to observe attend such meetings. The Union shall be given full opportunity to present evidence and make representations throughout the timelines specified in Article 4grievance procedure.
4-4 Extensions .07 The Employer shall post the names and/or titles of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Daysappropriate designated Employer representatives at its pre-flight briefing facility.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as 23.1 All matters pertaining to the proper application and interpretation of this Agreement or any dispute which arises regarding an interpretationor grievance arising hereunder shall be adjusted by the accredited representative of Allied Employers, applicationInc., or alleged violation of any and the accredited representative of the provisions Union.
23.1.1 In cases where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the Employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (180) calendar days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions.
23.2 In the event of the failure of these parties to reach a satisfactory adjustment, the matter shall be referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union members. The decision of the Labor Relations Committee shall be final and binding on all parties.
23.3 In the event the Labor Relations Committee is unable to resolve the dispute within thirty (30) days, excluding weekends and holidays, it shall be referred to an impartial arbitrator whose decision shall be final and binding upon the parties; provided, however, that nothing herein contained shall empower the arbitrator to add to, delete from or otherwise modify the terms of this Agreement. A grievance may All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be filed based on any issue or contention by an Employee either party which is contrary to the terms of this Agreement, or which involves the School District determination of a subject matter not covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions 23.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. In the event of this Article are for failure to agree, the purpose of setting forth parties shall select an arbitrator by taking turns striking names off the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level list of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussionfollowing permanent panel:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible1. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.▇▇▇▇ ▇. ▇▇▇▇
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.2. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance3. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations▇▇▇▇▇▇ ▇. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.▇▇▇▇▇ 4. ▇▇▇▇▇▇ ▇▇▇▇▇▇ 5. ▇▇▇▇ ▇▇▇▇▇
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation of any of 24.1 All grievances shall be handled in the provisions of this Agreement. following manner:
STEP 1: A grievance may be filed no later than ten (10) working days after the grievance first becomes known, or should have become known. The grievance must be presented by the Union, or the aggrieved employee to the proper supervisor involved, and the parties shall meet within five (5) working days in an Employee effort to resolve said grievance. If the grievance is not resolved with the supervisor, the grievance shall be reduced to writing, citing the Article and Section of this Agreement which has been allegedly violated.
STEP 2: If the grievance is not settled in Step 1, the written grievance may, no later than five (5) working days after the Step 1 meeting, be referred by the Union to the Employer, and the parties shall meet within five (5) working days in an effort to resolve the grievance. If the grievance is rejected at this Step of the School District covered Grievance and Arbitration Procedure, the Employer will state the reasons for such rejections in writing to the Union, within five (5) working days of the Step 2 meeting.
STEP 3: If the grievance is not settled at Step 2, the Union may request arbitration within fifteen (15) working days immediately following receipt of the Employer’s written response, by delivering a written notice to the Employer of its intent to arbitrate the dispute. Within five (5) working days after receipt of notice of intent to arbitrate, the Union will request the Federal Mediation and Conciliation Service to furnish a list of arbitrators from which the arbitrator shall be selected. Such selection shall be accomplished within five (5) working days from receipt of said list, by the parties, by alternately striking one (1) name from the list, in turn, until only one (1) name remains. The one striking first will be decided with the flip of a coin. The cost of the arbitrator and the cost of necessary expenses required to pay for facilities for hearing of the case shall be borne equally by the Employer and the Union involved. The decision of the arbitrator shall be submitted in writing and shall be final and binding on all parties. The arbitrator does not have authority to modify or amend, alter, add to, or subtract from, any provision of this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including 24.2 If the time limits relating are not adhered to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level by the Union, the grievance shall be considered abandoned. If the Employer fails to answer the grievance, the grievance shall be considered to have been appealed by the Union to the next step of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the processprocedure. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time Time limits may be requested verbally or in writing extended by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Daysmutual agreement.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A In the event of any dispute between the Union or any of the persons subject to this Agreement and the Producer with regard to wages, hours, or other conditions of employment under this Agreement, or with regard to the interpretation of this Agreement,1 the procedure, unless otherwise specifically provided herein, shall be as follows: The aggrieved party shall discuss the matter with his immediate supervisor. In the event the matter is not resolved, then, within five (5) days thereafter, the aggrieved party shall reduce the grievance to writing and mail or deliver same to the other party and concurrently furnish a copy of such notice to the designated representative of the Local Union. Such written notice shall contain the specific contract provisions and sections which are alleged to have been violated, a clear statement of the facts of the alleged violation, the name of the grievant and the remedy that is being requested. Upon receipt of such written notice, the receiving party will be required to respond within ten (10) working days. The Shop ▇▇▇▇▇▇▇ and the Department Head shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties and any employees concerned. If the grievance is defined as any dispute which arises regarding an interpretation, applicationnot settled in Step One within ten (10) days following the invocation of Step One, or if there is no Shop ▇▇▇▇▇▇▇, the aggrieved party may proceed to Step Two by delivering or mailing, within ten (10) days thereafter, a written demand, which shall include a statement of the particulars of the claim, upon the other party. Failure of the aggrieved party to so serve such demand shall constitute a waiver of the claim.
1 Any such disputes that give rise to an alleged violation of any Sections 8(a)(1) and/or 8(a)(3) of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the AssociationNational Labor Relations Act, or by in which the Association. A grievance will not include any matter or action taken by the school trusteesfacts alleged would constitute such a violation, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating also subject to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance and arbitration procedure set forth in this Article 7. Upon receipt of such written notice, but no later than ten (10) days after receipt of such notice, the Business Representative of the Local Union and the designated representative of the Producer shall immediately discuss the matter and the grievance shall be construed as maximum and an attempt settled if at all possible. The decision, if any, of these representatives shall be made to expedite final and binding upon the processparties and any employees concerned. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in In the event the grievance was filed by is not settled in Step Two, or if the EmployeeBusiness Representative of the Local Union and the designated representative of the Producer fail to meet in Step Two, the Associationaggrieved party may proceed to Step Three by delivering or mailing to the other party and Contract Services Administration Trust Fund (CSATF), within ten (10) days following the completion of Step Two or, if there is no meeting in Step Two, within ten (10) days after service of the demand in Step Two, a written request for Step Three proceedings. Unless either party objects to submission of the dispute to Step Three as provided below, the dispute shall thereupon be submitted for resolution to a panel comprised of one (1) Union representative and one (1) Producer representative. The Union representative shall be Secretary-Treasurer ▇▇▇▇▇ ▇▇▇▇▇ or his designee. The Producer representative shall be AMPTP President ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ or her designee. The Union representative and the District mutually agree Producer representative shall each have one vote. The grievance shall be heard by such Producer and Union representatives at a mutually-established time and place. The parties to observe the timelines specified in Article 4.
4-4 Extensions grievance shall be present and shall be responsible for the presentation of their own evidence at such time and place. Failure of either party to the grievance to comply with the foregoing requirements shall be deemed a waiver of the time limits claim or waiver of any defense to the claim, as the case may be. The panel shall schedule the order of the grievances to be requested verbally or heard. Prior to beginning the hearing, the panel shall attempt to assist the parties in writing by either partymutually resolving the grievance. Verbal extensions shall be confirmed in writing by If the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement fail to resolve their problems the grievance with their immediate supervisor or Appropriate Administrator whenever possiblethe assistance of the panel, either party shall have the right to opt out of the Step Three hearing before it begins and may instead proceed to arbitration. If neither party opts out of the Step Three hearing, the panel will afford the parties an oral hearing on the merits of such grievance and render a written decision thereon within five (5) working days from the close of the hearing, but in no event later than twenty (20) working days after the hearing is commenced. The provisions panel shall determine its own rules and procedures. The decision of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussionspanel, if any, which take place shall have no bearing or precedential effect on be final and binding upon the resolution of that grievance or parties and any similar grievance filed in accordance with this Article.
(d) employees concerned. If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution aggrieved party objects to writing prior to the termination submission of the time limits for filing a formal grievancedispute to Step Three, then it may proceed immediately to expedited or regular arbitration, as provided below, within ten (10) working days of the completion of Step Two. Any written resolution If the responding party objects to submission of the dispute to Step Three, it shall be acknowledged by both parties and forwarded to so notify the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.other party at least three
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A SECTION I: Any grievance is defined as any dispute or dispute, which arises regarding an interpretationmay arise between the parties, including the application, meaning or alleged violation interpretation of any this agreement, shall be settled in the following manner.
STEP 1. The President and Grievance Chair, with or without the aggrieved employee, shall take up the grievance or dispute in writing with the employee’s immediate supervisor within five (5) working days of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level date of the grievance and his knowledge of its occurrence the day of the event giving rise to the grievance shall be the first working day in computing days hereunder. The supervisor shall attempt to adjust the matter and shall respond to the ▇▇▇▇▇▇▇ within five (5) working days. The Union shall notify the Director of Public Works, in writing, as to the identity of the President and Grievance Chair within thirty (30) calendar days of either or both appointments and any change(s) of the person(s) holding said positions.
STEP 2. If the grievance has not been settled, it shall be presented in writing by the said parties grieving to the Department Head within five (5) working days after the supervisor’s response is due. The Department Head shall respond to the said parties grieving in writing within five (5) working days of receipt.
STEP 3. If the grievance still remains unadjusted, it shall be presented to the Mayor in writing by the said parties grieving within ten (10) working days. The Mayor or his/her designee shall meet with the parties and their representatives, if requested, and shall receive all evidence presented and shall respond to them within (10) working days. The parties agree that time extensions may be granted by mutual agreement at any step of the procedure set forth in this Article Article.
STEP 4. If the grievance is still unsettled in accordance with the procedure prescribed in Step 3 of this Section, either party may, within fifteen (15) working days the after reply of the Mayor is due, by written notice to the other, take the case to arbitration. An arbitrator shall be construed as maximum and an attempt selected in accordance with the rules of the American Arbitration Association. The authority of the Arbitrator shall be made limited to expedite the processquestion or questions which are submitted. The time limits set forth in Arbitrator shall have no authority to add to, subtract from or modify any provision of this Article Agreement. The decision of the arbitrator shall be waived at final and binding on the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, parties and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions arbitrator shall be confirmed in writing by the party making the request issue his decision within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from days after the last day conclusion of testimony and argument. The expense for the alleged violation occurredarbitrator’s service and the proceedings shall be borne equally by the Employer and the Union. If either party desires verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the records and makes copies available without charge to the other party and to the arbitrator.
(c) SECTION II: No Employee of the Town shall leave his job to present, discuss or investigate a grievance without first obtaining the consent of his immediate supervisor and such consent shall not be unreasonably denied in light of the functions and duties of the particular employee and his department. A grievance shall be considered adjusted upon failure to appeal the grievance from one step to another within the designated time limits prescribed in this procedure.
SECTION III: Union Grievance Committeemen and stewards may receive, discuss and handle grievances and may attend disciplinary meetings on the premises of the Town or elsewhere mutually agreed upon during working hours except where any such activities unreasonably interfere with their work. No deduction shall be made for regularly scheduled working time lost by Union Grievance Committeemen and stewards in performing their duties as provided in the Grievance Procedure and as provided for in prior sentence. No other business of the Union shall interfere with the regular duties of the Employees.
SECTION IV: It is understood and agreed that all aspects of such informal discussions, if any, which take place the “immediate supervisor” shall have no bearing or precedential effect mean and include the ▇▇▇▇▇▇▇ on the resolution of that grievance job or any similar grievance filed one designated by the Department Head or his agent to act as ▇▇▇▇▇▇▇ in accordance with this Articlethe usual ▇▇▇▇▇▇▇’▇ absence.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution SECTION V: Working days shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve defined as notice that the formal grievance procedure may be initiateddays when Town Hall is open for business.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as 19.1 All matters pertaining to the proper application and interpretation of this Agreement, or any dispute which arises regarding an interpretationor grievance arising hereunder, application, or alleged violation of any shall be adjusted by the accredited representative of the provisions Employer and the accredited representative of the Union.
19.1.1 In cases where it is concluded than an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (180) days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions.
19.2 In the event of the failure of these parties to reach a satisfactory adjustment, the matter shall be referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union members. The decision of the Labor Relations Committee shall be final and binding on all parties.
19.3 In the event the Labor Relations Committee is unable to resolve the dispute within thirty (30) days, excluding weekends and holidays, it shall be referred to an impartial arbitrator whose decision shall be final and binding upon the parties; provided, however, that nothing herein contained shall empower the arbitrator to add to, delete from or otherwise modify the terms of this Agreement. A grievance may All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be filed based on any issue or contention by an Employee either party which is contrary to the terms of this Agreement, or which involves the School District determination of a subject matter not covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions 19.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. In the event of this Article are for failure to agree, the purpose of setting forth parties shall select an arbitrator by taking turns striking names off the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level list of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussionfollowing permanent panel:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible1. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.▇▇▇▇ ▇. ▇▇▇▇
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.2. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance3. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations▇▇▇▇▇▇ ▇. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.▇▇▇▇▇ 4. ▇▇▇▇▇▇ ▇▇▇▇▇▇ 5. ▇▇▇▇ ▇▇▇▇▇
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance 8.01 The parties to this Agreement believe that it is defined important to respond to complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager promptly following the issue giving rise to the complaint.
8.02 Should any dispute which arises regarding arise between the Employer and an employee, or between the Employer and the Union, or between the Employer and a group of employees who have identical grievances, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement. A grievance may , such dispute shall be filed by an Employee brought to the attention of the School District covered by this Agreement, individually other party as a complaint within fourteen (14) calendar days or through when the Association, or employee ought to have reasonably become aware of the issue giving rise to the complaint/grievance. Grievance transmittals shall take place between the bargaining unit representative designated by the Association. A grievance will not include any matter or action taken Bargaining Unit President and the position designated by the school trusteesEmployer. It is understood that the Union has carriage of all grievances. Grievances shall be on the form set out in Appendix 1. The parties agree to utilize an electronic copy of this form for the submission of grievances.
8.03 Once a complaint is initiated, or any the parties shall have a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and attempt to arrive at a resolution. In addition to the union representative, the Union’s Labour Relations Officer is entitled to attend such meetings.
8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may inform the other party within fourteen (14) calendar days of its agentswritten intent to forward the matter to arbitration. Such notice shall contain the name of the first party’s recommended Sole Arbitrator. Where such written notice is post- marked within twelve calendar days after the above forty (40) calendar day period, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including it will be deemed to have been received within the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level limits. The recipient of the grievance procedure set forth notice shall, within ten (10) calendar days, inform the other party of its agreement or propose an alternate Sole Arbitrator in this Article shall be construed as maximum and writing. If the parties are unable to agree on an attempt Arbitrator, the appointment of the Arbitrator shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, Minister of Labour for Ontario upon the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions request of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 6.01 It is agreed that it is the spirit and intent of this Agreement to adjust grievances promptly. Either Party to this Agreement may lodge a grievance is defined as any dispute which arises regarding an relating to the interpretation, application, application or alleged violation of any of the provisions administration of this Agreement. A , including any question as to whether a matter is arbitrable.
6.02 Any dispute or grievance may be filed by an Employee affecting or arising out of the School District covered interpretation or administration of this Collective Agreement shall be adjusted, if possible, by this Agreementnegotiations between appointed Representatives of the Employer and the Union, individually such grievance must be presented within five (5) working days of knowledge of the initial occurrence giving rise to the grievance save and except grievances concerning fringe benefits where no such time limits apply. Grievances dealing with alleged violations pertaining to: hours of work; rate of pay; overtime; vacation pay and holiday pay; shift premium; travel expenses; room and board
6.03 The Union having a grievance shall, in the first instance, present the grievance orally or through in writing to the AssociationEmployer or the Employer’s Representative, or in an attempt to settle the matter in dispute amicably. An answer shall be given by the Association. A grievance will not include any matter Employer or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4Employer’s Representative within twenty-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level four (24) hours of the grievance procedure set forth being presented or the next working day or such longer time as may be mutually agreed upon by the Parties.
6.04 Where a settlement is not reached as provided for in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end 6:03, then either of the aggrieved Employee's regular assignment Parties may notify the other Party in writing of its desire to submit the difference or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Associationallegation to Arbitration, and the District mutually agree to observe notice shall contain the timelines specified in Article 4.
4-4 Extensions name of the time limits may nominee of the Party wishing to bring the matter to Arbitration. Such written notice shall also state clearly the matter or matters in dispute to be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing dealt with by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood Arbitration Board and agreed that all aspects of such informal discussionswhat relief, if any, which take place is claimed by the Party requesting the Arbitration. The Party receiving such notice shall have no bearing or precedential effect on within five (5) days, advise the resolution other Party of that grievance or any similar grievance filed in accordance with this Articlethe name of its nominees to the Arbitration Board.
(d6.05 The two nominees so selected shall within five(5) working days of the appointment of the second of them, appoint a third Party who shall act as Chairman of the Arbitration Board.
6.06 If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree on a grievance Chairman
6.07 The Arbitration Board shall hear and determine the difference or differences between the Parties and shall issue a decision in writing, which decision shall be final and binding upon the Parties and upon the employees affected. The decision of the majority of the Board, and if there is resolved as a result of an informal discussionno majority decision, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination decision of the time limits for filing a formal grievanceChairman shall govern. However, it is understood that the authority of the Arbitration Board or the decision made by such Board is limited in that there shall be no alteration or addition to or subtraction from or modification or amendment to any part of this Agreement.
6.08 The fees and expenses of the Chairman shall be borne one-half (1/2) by the Union and one-half (1/2) by the Employer. Any written resolution other costs or expenses in connection with such arbitration shall be acknowledged borne by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedParty which incurs them.
Appears in 2 contracts
Sources: Provincial Concrete Sawing & Drilling Agreement, Provincial Concrete Sawing & Drilling Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as Section 118 (112). Should any dispute or complaint arise over the interpretation or application of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of the parties to settle such promptly through the following steps, and failure to follow the procedures set forth below shall result in forfeiture of the grievance.
Step 1. By conference during scheduled working hours between the ▇▇▇▇▇▇▇, if requested by the employee, the Employer, and/or the Union's Business Representative and/or the aggrieved employee and the designated Employer representative.
Step 2. If the grievance cannot be satisfactorily resolved under Step 1 above, the grievance shall be reduced to writing and submitted to the representative designated by the Employer to handle such matters. Such submission shall be made within twenty (20) days of the date of the occurrence of the event which arises regarding an interpretation, application, gives rise to the grievance and shall clearly set forth the issues and contentions of the aggrieved party or alleged parties and must reasonably allege a specific violation of any of the provisions an express provision of this Agreement. A grievance may be filed by an Employee (In the case of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including a discharge the time limits relating to these procedures which may culminate in arbitrationshall be fourteen (14) days.
4-3 Time limits indicated at each level ) The Employer designee and the Union Business Representative shall meet within ten (10) days after receipt of written notice of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite resolve the processgrievance. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in In the event the Employer designee assigned to handle grievance was filed does not have an office in the area where the grievance arises, this meeting may be discussed by the Employeephone; furthermore, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits on this meeting may be requested verbally or postponed by mutual agreement of the parties. Step 3A. If the grievance is not satisfactorily adjusted in writing by Step 2, either party. Verbal extensions shall be confirmed party may, with reasonable promptness, but in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no event later than thirty (30) Days days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination date of the time limits for filing a formal grievance. Any written resolution Step 2 meeting, in writing, request arbitration and the other party shall be acknowledged by both parties and forwarded obliged to proceed with arbitration in the Association and the superintendent’s designee, Employee-Management Relationsmanner hereinafter provided. The absence of such a written resolution parties shall serve as notice that the formal grievance procedure may be initiatedforthwith attempt to agree upon an impartial arbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 Section 1. A grievance is defined as any a dispute which arises regarding arising out of an interpretation, application, or alleged violation of any of the provisions terms of this Agreement. A grievance may shall be filed by an Employee processed in the following manner:
Step 1. The employee and one union representative shall take up the grievance dispute with the employee’s immediate supervisor within seven (7) calendar days of the School District covered grievance or the employee’s knowledge of the grievance. Both parties agree that every effort will be made to settle the dispute at this step. The immediate supervisor shall answer the employee’s grievance in writing within seven (7) calendar days.
Step 2. If the grievance has not been settled, it shall be presented in writing to the Town Manager within ten (10) calendar days of the immediate supervisor’s response. The Town Manager shall have fifteen (15) calendar days to respond.
Step 3. If the grievance is still unsettled, either party may, within twenty-one (21) calendar days after the reply of the Town Manager is due, by written notice to the other, request arbitration.
Section 2. The arbitration proceedings shall be conducted by the American Arbitration Association pursuant to its rules and regulations. Its decision shall be final and binding upon the parties. The expense for the arbitrator services and the proceedings shall be borne equally by the Town and the Union. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. In making his/her decisions, the arbitrator shall not add to, subtract from, or modify the terms of this Agreement. Furthermore, individually or through the Association, or by scope of the Associationarbitrator's power shall be limited to an interpretation of the express language contained in this Agreement. A grievance will not include any matter or action taken by initiated within the school trusteestimes specified in Steps 1, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-and 3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be deemed waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded have agreed to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedan extension thereof in writing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which 14(1) Where a difference arises regarding an between the Association and the Board relating to the dismissal or discipline of a member, or to the interpretation, application, operation, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through including any question as to whether a matter is arbitrable, there shall be no stoppage of work; either party may initiate a grievance; and an ▇▇▇▇▇▇▇ effort shall be made to settle the Associationmatter promptly in the manner prescribed in this Article.
14(2) Step 1: The grievance shall be verbally discussed by the Deputy Chief and the Association Executive, within thirty (30) days of the time the action which caused the grievance comes to the attention of the griever.
14(3) Should the Deputy Chief and the Association Executive be unable to resolve the grievance within forty-eight (48) hours, the grievance may forthwith proceed to Step 2.
14(4) Step 2: The grievance shall be submitted in writing to the Chief Constable who shall meet with the Association Executive.
14(5) If not resolved within ten (10) days, either party may forthwith submit the grievance to Step 3.
14(6) Step 3: Within ten (10) days of submitting the grievance to Step 3, the Chairman of the Board, one other member of the Board as designated by the Chairman, and the Chief Constable will meet the Association in an attempt to resolve the grievance.
14(7) If not resolved within fifteen (15) days of the date of the last meeting held under Step 3, either party may forthwith submit the grievance to arbitration as provided under Step 4.
14(8) Step 4: If possible the parties shall agree upon a single arbitrator, who shall render a decision on the grievance.
14(9) If within seven (7) days the parties fail to agree upon an arbitrator, application may be made by either party to the Minister of Labour to appoint an arbitrator.
14(10) The findings of the arbitrator, or by the Association. A grievance will not include any matter or action taken by the school trusteesresolution arrived at in Steps 1, 2, or any of its agents3, for which relief is granted by shall be binding upon the Statutes of Nevadaparties to this Agreement.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the 14(11) All time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum in calendar days and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the such time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing extended by the party making mutual consent of the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, provided such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It consent is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing reached prior to the termination expiry of the time limits specified periods.
14(12) The parties shall share equally the fee and expenses for filing a formal grievancethe arbitrator. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.ARTICLE 15
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 30.1. A grievance is defined as any dispute which arises regarding an interpretation, application, a violation or alleged violation of any the Collective Agreement and shall be subject to the grievance and arbitration procedure set out therein. Any complaint, which does not fall under the definition of a grievance, may be processed in a manner similar to a grievance except that the decision of the provisions Fire Chief shall be final and shall not be subject to arbitration.
30.2. Grievance properly arising under the Agreement must be processed in the following manner:
a) Stage 1
(i) The Employee may submit their grievance, in writing, to the Deputy Fire Chief or, in their absence, to the Acting Deputy Fire Chief. The written grievance must be initiated in the stage within ten (10) working days of this Agreementthe time the Employee became aware or reasonably should have become aware of the circumstances giving rise to the grievance. A grievance, in order to be processed, must state, in writing, the section(s) of the Agreement allegedly violated, and relief sought by the Employee. The grievance must bear the signature of the Employee. The Deputy Fire Chief or, in their absence, the Acting Deputy Fire Chief, shall meet with the grievant, and shall respond in writing to the grievant, within ten (10) working days from the date they receive the written grievance. Failing such answer, or if such answer is unsatisfactory, the grievance may be filed by an Employee processed to the next stage of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of NevadaGrievance Procedure.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.b) Stage 2
4-3 Time limits indicated at each level (i) Failing resolution of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of Stage 1, the aggrieved Employee's regular assignment , within ten (10) working days of the date they receive or when should have received the aggrieved Employee is on an approved leave, unless answer of the EmployeeDeputy Fire Chief or, in their absence, the event Acting Deputy Fire Chief, was or should have been given, shall submit the grievance, in writing, to the Fire Chief. The Fire Chief shall meet with the grievant and shall respond, in writing to the grievant, to the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions within ten (10) working days of receipt of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(bii) It is agreed that the presentation and processing of any grievance therein must be followed strictly according to the Grievance Procedure all stages thereof and within the applicable time limits set out, failing which the grievance shall be considered to be settled and at an end. If an Employee requests an informal discussion the Employer fails to comply with his/her immediate supervisor or Appropriate Administrator concerning the subject matter applicable stages and time limits set out above, the grievant shall be at liberty to proceed according to the required time limits to the next succeeding stage of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurredGrievance Procedure.
(ciii) At any meeting that may occur in the resolution of a complaint or grievance, the Employee affected shall have the right to have a Union representative present.
(iv) An allegation by the Union that the Employer has violated the Agreement may be lodged, in writing, to the Fire Chief within ten (10) working days of the discovery of the circumstances giving rise to the grievance. The Fire Chief shall meet with the Union and shall respond in writing to the Union within ten (10) working days of receipt of the grievance. Failing a satisfactory settlement of the grievance, the Union may submit the grievance to the Chief Administration Officer and to arbitration pursuant to Clause 30.2 d). The grievance shall be deemed to have been processed at Stage 2 of the Employee Grievance Procedure.
(v) It is understood and agreed the intention of the parties that all aspects the procedure provided under Clause 30.2 b) (iv) for the Union to file a grievance shall be reserved for grievances of such informal discussions, if any, which take place shall have no bearing or precedential effect on a general policy nature affecting a group of Employees in the resolution of that grievance or any similar grievance filed in accordance with this ArticleBargaining Unit.
(dvi) If a No matter may be submitted to arbitration as provided in the arbitration provisions heretofore, unless settlement thereof has been attempted through all of the stages of the Grievance Procedure provided above.
c) Stage 3
(i) Failing resolution of the grievance is resolved as a result of an informal discussionin Stage 2, the Immediate Supervisor aggrieved Employee, within ten (10) working days of the date they receive or Appropriate Administrator may reduce that resolution to should have received the answer of the Fire Chief or, in their absence, the Acting Fire Chief, was or should have been given, shall submit the grievance, in writing prior to the termination Director of Human Resources or in their absence, the time limits for filing a formal grievanceActing Director of Human Resources. Any written resolution The Director of Human Resources shall be acknowledged by both parties meet with the grievant and forwarded shall respond, in writing to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.grievant within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any Section 1. If, during the term of this Agreement, a grievance, dispute which arises regarding an interpretation, applicationor controversy should arise between the Employer and the Union, or alleged violation any of any the employees covered by this Agreement as to the meaning or application of the provisions of this Agreement. A grievance may be filed by , there shall e no suspension of work, but an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt ▇▇▇▇▇▇▇ effort shall be made to expedite settle such differences immediately. To that end, all grievances, disputes or controversies must be presented within five (5) days after they arise, or they shall be deemed to have been waived. In order to carry out the processintent of the foregoing, any differences that arise shall be settled in the order and manner as hereinafter set forth:
Section 2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be a waiver of further appeal of the decision.
Step 1. Within five (5) days of the time a grievance arises or within five (5) days of the date when the grievant shall know of its occurrence, the employee either directly or accompanied by a ▇▇▇▇▇▇▇ will present the grievance in writing to the Department Head. Within five (5) working days after presentation of the grievance, the Department Head will render a written decision to the employee and the ▇▇▇▇▇▇▇.
Step 2. Within five (5) days of written answer from the Department Head is received, the employee shall provide a submission, outlining the employee’s exceptions to the Department Head’s decision. The time limits set forth in this Article shall be waived at Department Head will arrange a meeting with the employee and the Union Shop ▇▇▇▇▇▇▇ not later than five (5) working days towards the end of attempting to resolve the aggrieved Employee's regular assignment or when grievance. The Department Head shall give a written answer to the aggrieved Employee is on an approved leaveemployee and Shop ▇▇▇▇▇▇▇ not later than five (5) working days.
Step 3. Within five (5) days of the written answer, unless the Employee, in the event if the grievance was is not resolved it shall be filed by with the EmployeeTown Administrator noting all exceptions to previous decisions. The Town Administrator will arrange a meeting at a mutually agreeable time and place not later than ten (10) working days after receipt of the written grievance. The aggrieved part, the AssociationShop ▇▇▇▇▇▇▇, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions Union’s Business Representative shall be confirmed in writing by entitled to be present at the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate meeting The town Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with shall give a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior written answer to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association grievant and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.union within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 6.01 There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle promptly any differences, disputes or complaints arising over the interpretation or application of this Agreement prior to commencing with a Grievance. Any employee who has completed their probationary period who feels they have a grievance under this Agreement shall discuss the matter with their Supervisor within five (5) calendar days of the date of incident with a view to prompt settlement or explanation thereof. The employee’s ▇▇▇▇▇▇▇ may be in attendance if the employee so desires. The Supervisor shall give their decision within five (5) calendar days. Should the employee not receive satisfaction in such discussion, the grievance may be submitted in writing in triplicate on forms supplied by the Union and signed by the employee. Within five (5) calendar days of the decision, a conference between the aggrieved employee, the Grievance Committee and the Plant Manager. Within five (5) calendar days of the decision, a conference between the Grievance Committee, the Business Representative of the Union and representation from the Management of the Company. The above time may lapse by mutual consent. Matters arising out of the interpretation, application or administration of this agreement of a general nature may be the subject of a grievance and may be instituted by either of the parties. Such grievances shall be entered at the third step.
6.02 In the event that a grievance is defined not satisfactorily settled as any dispute above, it may be referred to Arbitration. The Arbitrator is to be mutually agreed upon by the two parties.
6.03 The party desiring arbitration shall notify the other party of intention to arbitrate and if no such notice is received within ten (10) calendar days of the final meeting in Step Three above, the grievance shall be deemed to be abandoned.
6.04 If both parties are unable to make such a selection, either party may apply to the Minister of Labour for Ontario to appoint an Arbitrator (expedited Arbitration may be used).
6.05 The Arbitrator shall then forthwith consider and determine the matters at issue which arises regarding an interpretationhave been submitted to them for disposal and the decision of the Arbitrator shall be final and binding on all parties concerned. The Arbitrator shall not be authorized to alter, applicationmodify, or alleged violation of amend any of the provisions provision of this Agreement. A grievance may be filed by an Employee .
6.06 The Company and the Union jointly bear the expense of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of NevadaArbitrator.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as A. Any complaint arising in connection with the application or interpretation of this Agreement or any dispute which arises regarding an interpretation, application, or alleged violation other claim arising under the employment relationship including but not limited to unlawful discrimination of any type, whether based on statute or not, which cannot first be amicably adjusted between the employee and the employee’s immediate supervisor shall be submitted to Management and the ▇▇▇▇▇▇▇ in writing. No grievance shall be considered unless is has been presented to the non-grieving party in writing within ten (10) working days of the provisions alleged occurrence thereof. Any past practice or earlier agreements that are in conflict with this provision are expressly void as of the date of this Agreement. A grievance may be filed by an Employee The written complaint must set forth the facts, citing the specific provisions of the School District covered by this AgreementAgreement allegedly violated, individually and include the relief sought. In the event the grievance concerns the discharge or through suspension of an employee, the Associationgrievance must be presented in writing in a clearly understandable form within ten (10) working days following the discharge or suspension and processed pursuant to Article XXII.
B. The non-grieving party shall respond, in writing, to any written grievance within fourteen (14) business days of its receipt of the written grievance.
C. If the issue is still unresolved, the Employer and the Union shall, if they so desire, within a calendar week from receipt of such timely written notice, attempt to reach a settlement. The parties also shall have the option, upon mutual agreement, to submit the question to a third-party mediator that is mutually agreeable.
D. The decision of whether or not to proceed to Arbitration must be announced in writing within thirty (30) calendar days of the non- grieving party’s response in Step II or the matter shall be deemed settled and resolved in favor of the non-grieving party. If the parties cannot agree upon an Arbitrator, one shall be selected from a list of five (5) named by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the processFederal Mediation Service. The time limits set forth in this Article arbitrator shall be waived at issue his or her decision within thirty (30) days of the end of the aggrieved Employee's regular assignment arbitration hearing or when the aggrieved Employee receipt of hearing briefs, whichever is on an approved leave, unless later.
E. The fees and expenses of the Employee, in the event the grievance was filed by the Employeearbitrator, the Association, court reporter and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions cost of the time limits may be requested verbally or in writing by either party. Verbal extensions hearing room shall be confirmed in writing borne by the party making whose position was not sustained by the request within two (2) Daysarbitrator. If the arbitrator fails to sustain a party’s position in its entirety and fails to allocate the Arbitrator’s cost and expenses and meeting room expense, then they shall be shared by both parties. All other expenses of the arbitration including but not limited to representation of the parties shall be paid by the party incurring said other expenses.
4-5 STEP ONE: Informal Discussion:
F. Any claims for compensation, including but not limited to back pay, shall be limited to a maximum of sixty (a60) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days days retroactively from the last day the alleged violation occurreddate on which a timely claim is filed.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 8.01 The grievance procedure herein provided is among the most important matters in the successful administration of this agreement. A grievance is shall be defined as any dispute which arises regarding an difference arising out of the interpretation, application, administration or alleged violation of the collective agreement. Wherever the term "grievance procedure" is used in this agreement, it shall be considered as including the arbitration procedure.
8.02 All time limits referred to in the grievance procedure herein contained shall be deemed to mean "working days". Working days are defined as from Monday to Friday, excluding statutory holidays, and not to be construed to mean grievors' working days.
8.03 The time limits set out in both the grievance procedure and arbitration procedure shall be strictly observed by the parties to this agreement, but may be extended by mutual consent.
8.04 All grievances must be in writing, setting out the matter complained of, the provisions of the collective agreement allegedly broken, the remedy sought, and signed by the grievor.
8.05 A complaint or grievance by an Employee which has been settled shall not again be made the subject matter of a complaint or grievance by that Employee during the lifetime of the agreement.
8.06 A grievor whose attendance is required at arbitration hearings shall receive permission with pay to be absent from work. The Union must make such request in writing one (1) week prior to the hearing.
8.07 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than fourteen (14) working days before the filing of the grievance.
8.08 Step 1 The aggrieved Employee shall present his grievance, in writing, and may have the Union representative of his choice present if the Employee desires. The grievance shall be submitted to the Radio Station Manager, the Operations Manager or the News Director. If a settlement satisfactory to the Employee concerned is not received by the Employee in writing within seven (7) working days following the presentation of the grievance, the grievance may be presented as follows at any time within seven (7) working days following the receipt of the Step 1 written reply. The aggrieved Employee may present his grievance to the General Manager of Radio or his designate and may have the Union Representative of his choice present if the Employee desires. The General Manager of Radio or his designate shall render his decision in writing, within seven (7) working days after receipt of such written grievance. If a settlement satisfactory to the Employee concerned is not received in writing by the Employee and the Union, any time within twenty (20) working days following receipt of the General Manager's decision, submit the matter to arbitration.
8.09 The submission to arbitration shall be by way of written notice and the notice to arbitrate shall contain name and address of the moving party's nominee to the Board, and shall also contain a copy of the original grievance. The party giving such notice shall be bound by the same and shall be restricted at arbitration to the issues presented by the notice.
8.10 Where a grievance is referred to arbitration, the following procedure is to apply:
a) Within ten (10) working days after receipt of such notice, the other party shall respond by indicating the name and address of its appointee to the Arbitration Board.
b) The two (2) appointees so selected shall, within ten (10) working days after receipt of notice of the appointment of the second of them, appoint a third person who shall be chairman of the Arbitration Board.
c) If the recipient of the notice fails to name an appointee, or if the two (2) appointees fail to agree upon a chairman within the time limit, the appointment may be made by the Federal Minister of Labour upon request of either party.
d) The Arbitration Board is to be governed by the following provisions:
1. The Arbitration Board shall hear the grievance and shall issue a decision which is final and binding upon the parties and upon any Employee affected by it.
2. The decision of the majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs.
3. Each of the parties shall pay one-half (½) remuneration and expenses of the Chairman of the Board.
4. The Board shall not have the power to alter or amend any of the provisions of this Agreementagreement.
5. A grievance The arbitrators shall have access to the Employer's premises, to view working conditions, machinery, or operations which may be filed by an Employee relevant to the resolution of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevadagrievance.
4-2 6. The Board shall have jurisdiction to determine whether a grievance is arbitrable.
7. No grievance shall be defeated or denied by any formal or technical objection. An arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and to render a decision which he deems just and equitable. The arbitrator shall not have the power to change, modify or amend the provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitrationagreement.
4-3 Time limits indicated at each level 8.11 Either party to the agreement may request the other to have a grievance presented to a sole arbitrator rather than a Board of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the processArbitration. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in In the event the grievance was filed by the Employeeother party agrees, the Association, provisions of Article 8:00 shall be so read to substitute the term "arbitrator" for "Board" and the District mutually agree to observe provisions for the timelines specified in Article 4.
4-4 Extensions selection of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior appointees to the termination of the time limits for filing a formal grievance. Any written resolution Board shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatednot apply.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation (a) Any controversy involving the interpre tation of any of the provisions of this Agreement, in cluding the question of arbitrability, which can not be adjusted amicably between the Union representative and the Employer within thirty (30) days from the date the grievance is first brought to the attention of both parties, unless the time is mutually extended, shall be referred within an additional fifteen (15) days period to arbitration. A Failure to either settle the matter in dispute or refer the problem to arbitration during the time periods set forth herein shall render any grievance may be filed by null and void. In case the Employer and Union representatives fail to agree upon an Employee arbitrator within five (5) days of first submission of the School District covered controversy to arbitra tion, either party may request the Federal Medi ation and Conciliation Service to submit a list of seven (7) names, from which one (1) shall be selected forthwith as arbitrator after the list is furnished to the parties, by this Agreementalternately de leting names from the list until but one (1) remains. The findings of the arbitrator shall be binding upon both the Union and the Employer, individually provided that the arbitrator shall not have the authority to change, alter or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or modify any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The terms or provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievanceAgreement.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning In the subject matter event of a potential grievancegrievance involving the interpretation of any provision of this Agree ment, such informal discussions it is mutually agreed that no strike, work stoppage, lockout or other economic action will be held no later than thirty (30) Days from employed by either the last day Employer or the alleged violation occurredUnion.
(c) It is understood and agreed that all aspects of Paragraph (b) above does not apply for one party in the event the other party should refuse to arbitrate such informal discussions, if any, which take place shall have no bearing controversies or precedential effect on the resolution of that grievance or any similar grievance filed grievances in accordance with the above provisions of this ArticleSection or fails to fulfill its duties within the time limits enumer ated above, unless such time is mutually ex tended, or in the event the other party fails to abide by the decision of the arbitrator. Para graph (b) is also inapplicable in cases where it is established between the Union and a repre sentative of the Employer that an Employer failed to pay the wages and/or all contributions required under this Agreement, unless the Em ployer’s failure to pay involves disputed classi fication of employees or an interpretation of this Agreement. In the above instances de scribed in this Paragraph, the aggrieved party has the right to take such economic action as it deems necessary.
(d) If a grievance is resolved as a result of an informal discussion, The lees for the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution arbitrator’s services shall be acknowledged borne equally by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A A. Any complaint, grievance is defined as any or dispute which arises regarding an interpretationarising under, application, out of or alleged violation of any of relating directly or indirectly to the provisions of this Agreement. A grievance may be filed by an Employee of Agreement between the School District covered by this Agreement, individually Union or through any employees and the AssociationEmployer, or by the Association. A grievance will not include any matter interpretation or action taken by the school trusteesperformance thereof, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employeeshall, in the event first instance be taken up for adjustment by a representative of the Union and a representative of the Employer. Any and all matters in dispute, including a dispute concerning the interpretation or application of the arbitration provision, which have not been adjusted pursuant to the procedure therein provided shall be referred for arbitration and final determination to the Arbitrator herein designated, and his decision or award shall be final, conclusive and binding on all parties; and the parties hereby stipulate and consent that the Arbitrator may make findings, decisions and awards which may be enforced by appropriate judgment thereon to be entered in a Court of Law or Equity. Any grievance was filed which is submitted to arbitration shall be heard by one of the Employeemembers of a panel of three arbitrators, shall be ▇▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇. These arbitrators shall hear grievances on a rotating basis in order set forth above, provided that if the arbitrator whose turn it is to hear a grievance cannot meet the timetable set forth herein, the Association, next available arbitrator shall hear the case and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions rotation shall continue from there. If none of the time limits may arbitrators can hear the case within said timetable, then the arbitrator who can hear it first will be requested verbally or in writing by either partyutilized and the rotation will continue from there. Verbal extensions Hearings shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days fifteen calendar days after the arbitrator has received his assignment at a place mutually agreeable to the Union and the Company. The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit the full presentation of all evidence and arguments for both parties, provided, however, that the parties shall have the right to file written briefs with the arbitrator within seven calendar days following the closing of the hearing record. The award of the arbitrator shall be rendered no later than ten calendar days from the last day the alleged violation occurred.
(c) It hearing concluded or the briefs are submitted unless an extension of time is understood mutually agreed upon by the parties. A lengthy opinion shall not be requested or required from the arbitrator. Rather, the arbitrator is instructed to issue an award and agreed that all aspects a summary statement of such informal discussions, if any, no more than five pages which take place briefly sets forth the basis for the award. The parties may request the arbitrator to notify them of his award by telephone after the award has been mailed. The decision of the arbitrator shall be limited to the matter presented to him; he shall have no bearing authority to amend, alter or precedential effect change any provision of this Agreement. The decision of the arbitrator shall be final and conclusive on the resolution of that grievance Company, the Union and the employee(s) involved. The arbitrator’s fees and expenses shall be borne equally by the Union and the Company. Except as expressly provided otherwise in the Agreement, with respect to any dispute subject to arbitration or any similar grievance filed claim, demand, or act arising under the Agreement which is subject to arbitration, the procedure established in accordance this Agreement for the adjustment thereof shall be the exclusive means for its determination. No proceeding or action in a court of law or equity or administrative tribunal shall be initiated with this Article.
(d) If respect thereto other than to compel arbitration or to enforce, modify, or vacate an award. This paragraph shall constitute a grievance is resolved as complete defense to or ground for a result stay of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedaction instituted contrary hereto.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Bank Jos a Clothiers Inc /De/)
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance 8.01 The parties to this Agreement believe that it is defined important to respond to complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager promptly following the issue giving rise to the complaint.
8.02 Should any dispute which arises regarding arise between the Employer and an employee, or between the Employer and the Union, or between the employer and a group of employees who have identical grievances, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement. A grievance may , such dispute shall be filed by an Employee brought to the attention of the School District covered by this Agreement, individually other party as a complaint within fourteen (14) calendar days or through when the Association, or employee ought to have reasonably become aware of the issue giving rise to the complaint/grievance. Grievance transmittals shall take place between the bargaining unit representative designated by the Association. A grievance will not include any matter or action taken Bargaining Unit President and the position designated by the school trusteesEmployer. It is understood that the Union has carriage of all grievances. Grievances shall be on the form set out in Appendix 2. The parties agree to utilize an electronic copy of this form for the submission of grievances.
8.03 Once a complaint is initiated, or any the parties shall have a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and attempt to arrive at a resolution. In addition to the union representative, the Union’s Labour Relations Officer is entitled to attend such meetings.
a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may inform the other party within fourteen (14) calendar days of its agentswritten intent to forward the matter to arbitration. Such notice shall contain the name of the first party’s recommended Sole Arbitrator. Where such written notice is post-marked within twelve calendar days after the above forty (40) calendar day period, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including it will be deemed to have been received within the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level limits. The recipient of the grievance procedure set forth notice shall, within ten (10) calendar days, inform the other party of its agreement or propose an alternate Sole Arbitrator in this Article shall be construed as maximum and writing. If the parties are unable to agree on an attempt Arbitrator, the appointment of the Arbitrator shall be made to expedite by the process. The time limits set forth in this Article shall be waived at Minister of Labour for Ontario upon the end request of either party.
b) Notwithstanding a) above, either party can notify the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event other that it does not feel the grievance was filed by can be resolved directly between the Employeeparties and that it intends to refer the grievance to arbitration in which case such notice to arbitrate will not be considered premature. Notwithstanding the notice to arbitrate, should the other party request a meeting, the Association, and the District mutually first party will agree to observe the timelines specified in Article 4attend such meeting to be scheduled as soon as practicable.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
4-6 All grievances shall be processed in the following manner: STEP TWO
Appears in 1 contract
Sources: Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 419.01 It is understood that the Union may not file a grievance unless the difference / concern / complaint has been discussed with his / her supervisor, accompanied if the employee so desired by a Shop Delegate. If, after such discussion, the matter is not resolved then a grievance may be filed as follows: It is mutually agreed that it is the intent of the parties to resolve expeditiously grievances arising from the application of this Agreement.
Step 1 The grievance shall be reduced to writing indicating the section(s) of the Agreement which have been allegedly violated and shall be submitted to the Department Director or his/her designate within twenty-one (21) calendar days of the circumstances giving rise to the grievance. The parties shall meet to discuss the matter within seven (7) calendar days of receipt of the grievance. The Department Director shall answer the grievance in writing within fourteen (14) calendar days after the receipt of the written grievance. If the matter is not resolved, then it may proceed to Step 2.
Step 2 Any grievance that is not resolved at Step 1 A may be presented to the VP of Manufacturing or his/her designate at a meeting within fourteen (14) calendar days of meeting at Step 1. The Company will provide a written response within fourteen (14) calendar days of the meeting at Step 2. If the matter is not resolved at the meeting at Step 2, then the grievance may be submitted to arbitration. Either party may refer the matter to arbitration within twenty-one (21) calendar days of receipt of the Company’s response or the date the response should have been provided.
Step 3 Arbitration
(1) to hear the grievance. Prior to selecting a mutually acceptable arbitrator, the Union and the Company may meet in a further attempt to solve the grievance.
19.02 It is defined as any dispute which arises regarding an interpretationmutually agreed that the discussion of grievances shall be deferred until the end of the day’s work unless permission is granted to meet during working hours.
19.03 By mutual agreement of the parties, application, extensions to the time limits referred to in the grievance procedure may be granted.
19.04 No arbitrator shall have the power to alter or alleged violation of change any of the provisions of this the Agreement. A grievance may be filed by an Employee , or to substitute any new provision for any existing provision, or to provide a decision that is inconsistent with any term of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 19.05 The provisions parties shall bear equally the expenses of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitrationArbitrator.
4-3 Time limits indicated at each level 19.06 Grievances with respect to suspensions or terminations as well, as group, policy and Company grievances, shall proceed directly to step 2 of the grievance procedure set forth Grievance Procedure.
19.07 The parties may, by mutual agreement in this Article shall be construed as maximum and an attempt shall be made writing, agree to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, following process to resolve any grievances and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussionfollowing process will apply:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests Hearings will be short and conducted in an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions manner. Decisions will be held no later than issued within thirty (30) Days from calendar days of the last day conclusion of the alleged violation occurredhearing.
b) The parties will agree on an Arbitrator from a list of the three (3) provided to each other. The parties shall bear equally the expense of the Arbitrator.
c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on The parties will not be represented by lawyers at the resolution of that grievance or any similar grievance filed in accordance with this Articlehearing.
(d) If There will be full disclosure by the parties of evidence, precedents and documents in advance of the hearing.
e) The parties will minimize the use of witnesses at the hearing.
f) The parties will use concise arguments at the hearing.
g) The Arbitrator will have the power to accept any evidence that they rule is reliable and relevant.
h) The Arbitrator will have the power to mediate between the parties at any stage of the process, by encouraging a grievance is resolved as settlement or suggesting possible outcomes.
i) Any decision of the Arbitrator will be made without prejudice and will not be a result precedent for future proceedings unless the parties agree otherwise.
j) Decisions will be final and binding.
19.08 All agreements reached under the Grievance Procedure between the representatives of an informal discussionthe Employer and the representatives of the Union will be final and binding upon the Employer, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association Union and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that employee(s) involved.
19.09 At any meeting in the formal grievance procedure may process, the grievor(s) is/are entitled to be initiatedrepresented by a Union representative.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 11.01 The Union shall form from among themselves a grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation committee of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevadamore than two (2) members.
4-2 The provisions of 11.02 Should any difference arise between the Company and the union, such difference shall be settled in the following manner. All time periods mentioned in this Article are for to exclude Saturdays, Sundays and holidays observed by the purpose of setting forth Company and the full grievance procedure including the time limits relating to these procedures which may culminate in arbitrationLocal Union.
411.03 It is understood that any alleged grievance must be presented to the Company within five (5) working days of the occurrence, otherwise, no grievance will be deemed to exist.
11.04 Step 1: Grievances of all Employees shall be discussed by a grievance committee member with the immediate supervisor concerned and such immediate supervisor shall render his decision within seventy-3 Time limits indicated at each level two (72) hours.
11.05 Step 2: if the reply of the supervisor is not satisfactory, the written grievance shall be referred to the Director within ten (10) working days or the matter shall be deemed settled or abandoned. After receipt of the grievance procedure set forth in this Article to Step 2, the Director and the Business Representative of the Union, along with one other attendee each, shall within ten (10) working days to discuss the grievance. A reply to the grievance shall be construed as maximum given in writing within five (5) working days after the meeting has been held at this stage of the grievance procedure.
11.06 Any of the time allowances provided in 11.04 and an attempt 11.05 of this article may be extended by mutual agreement between the parties concerned.
11.07 If a grievance is to be referred to arbitration, it shall be made to expedite so referred with ten (10) working days after the process. The time limits set forth in this Article shall be waived at the end date of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, reply referred to in 11.05 above.
11.08 In the event of a group grievance, a policy grievance or a grievance respecting the grievance was filed by the discharge or suspension of an Employee, the Associationgrievance shall be in writing indicating the nature of the grievance and the remedy sought. The grievance will be processed commencing at Step 2 (Director) of the grievance procedure.
11.09 When a grievance or dispute has been submitted to arbitration the party so submitting shall notify the other party in writing of its desire to do so, and the District mutually agree to observe notice shall contain the timelines specified in Article 4names of at least three (3) possible arbitrators. Within ten (10) working days thereafter, the other party shall accept the name of one of the arbitrators offered or submit the names of at least three (3) other possible arbitrators.
4-4 Extensions 11.10 If they are unable to agree upon such arbitrator within ten (10) working days, the parties may request the Minister of Labour of the time limits may be requested verbally Province of Ontario to appoint such an arbitrator. (Section 49 of the Ontario Labour Relations Act or in writing by either party. Verbal extensions amendment thereof).
11.11 The decision of the arbitrator shall be confirmed final and binding upon the parties and the Employee(s) concerned. The arbitrator by his/her decision shall not alter, amend, or change the terms of the Collective Agreement.
11.12 The parties will jointly share the expenses of the single arbitrator, or if any the Chairman of the Board. Witness fees and allowances shall be paid by the parties calling the witnesses.
11.13 The Unit Representative, preferably the unit chairperson, will be given up to twenty-four (24) hours notice prior to any disciplinary meeting, and shall attend with the Employee upon the employee requesting his attendance at the meeting. The Company shall not be prevented from holding a disciplinary meeting where the Unit representative and/or the business representative is not available, or where the discipline is issued immediately.
11.14 Any letter of reprimand, suspension, or other discipline will be removed from the record of an Employee twenty-four (24) months following receipt of such letter, suspension or other discipline, provided that the Employee's record has been discipline free for such twenty-four (24) month period. Copy of the removal will be provided to the Unit Chairperson.
11.15 Any grievance settled prior to arbitration shall not set precedent nor prejudice any future matters unless agreed to in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association IBEW Business Representative and the superintendent’s designee, Employee-Management Director of Labour Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 19.01 It is understood that the Union may not file a grievance unless the difference / concern / complaint has been discussed with his / her supervisor. If, after such discussion, the matter is defined not resolved then a grievance may be filed as any dispute which arises regarding an follows: Grievances brought forward by either the Union or the Company, in relation to the interpretation, application, administration or an alleged violation of this Agreement that is not specifically excluded from the grievance procedure, shall be adjusted as follows:
Step 1 The grievance shall be reduced to writing indicating the section(s) of the Agreement which have been allegedly violated and shall be submitted to the Department Manager or his/her designate within twenty-one (21) calendar days of the circumstances giving rise to the grievance. The parties shall meet to discuss the matter within seven (7) calendar days of receipt of the grievance and if the matter is not resolved, then it may proceed to Step 2.
Step 2 Any grievance that is not resolved at Step 1 may be presented to the VP of Manufacturing or his/her designate at a meeting within fourteen (14) calendar days of the meeting at Step 1. The Company will provide a written response within fourteen (14) calendar days of the meeting at Step 2. If the matter is not resolved at the meeting at Step 2, then the grievance may be submitted to arbitration. Either party may refer the matter to arbitration within twenty-one (21) calendar days of receipt of the Company’s response or the date the response should have been provided. Step 3 Arbitration Grievances may be submitted for final and binding arbitration by the party having carriage of the grievance by submitting the names of three (3) potential arbitrators to the other party for consideration. The notice must be provided within twenty- one (21) calendar days of the meeting at Step 2 of the Grievance Procedure. The responding party may accept one (1) of the names put forth or suggest three (3) other potential arbitrators. If the parties cannot agree on an arbitrator, then the Ministry of Labour will appoint one (1) to hear the grievance.
19.02 It is mutually agreed that the discussion of grievances shall be deferred until the end of the day’s work unless permission is granted to meet during working hours.
19.03 By mutual agreement of the parties, extensions to the time limits referred to in the grievance procedure may be granted.
19.04 No arbitrator shall have the power to alter or change any of the provisions of this the Agreement. A grievance may be filed by an Employee , or to substitute any new provision for any existing provision, or to provide a decision that is inconsistent with any term of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 19.05 The provisions parties shall bear equally the expenses of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitrationArbitrator.
4-3 Time limits indicated at each level 19.06 Grievances with respect to suspensions or terminations, as well as Company, group and policy grievances, shall proceed directly to Step 2 of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4Grievance Procedure.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 11.01 A grievance is defined as to be a complaint by any dispute which arises regarding an interpretation, application, employee or alleged violation group of any of employees within the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the AssociationUnit, or by the Association. A grievance will not include any matter Union, based upon an event or action taken by the school trusteescondition which is claimed or considered to be a violation, misinterpretation, or any misapplication of this Agreement.
11.02 No grievance shall be processed unless it is presented within ten (10) calendar days of its agents, for which relief is granted by the Statutes occurrence or knowledge of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the processits occurrence. The time limits set forth in this Article 11.07, Steps 1 through 4 may be extended for good cause shown or by mutual consent of the parties. Time limits set forth herein, or agreed upon shall be waived considered as substantive and failure to conform to them shall mean default by the party failing to conform.
11.03 The Unit Chairperson, and in the absence of that official, the Local Union Financial Secretary-Treasurer and the Local Union President and ▇▇▇▇▇▇▇ as described in 11.07, shall be allowed time off the job without loss of time or pay to investigate and process grievances or complaints filed with the Michigan Employment Relations Commission or complaints filed against the Union with any governmental tribunal. Arrangements to be off the job shall be made by the supervisor as expeditiously as possible. It is understood by the parties that the investigation or consultation on grievances shall be conducted expeditiously and with as little interruption of work as possible by all parties concerned.
11.04 Relative to the grievance that is being processed, no employee at the end any stage of the aggrieved Employee's regular assignment grievance shall be required to meet with any supervisor or when the aggrieved Employee is on an approved leave, unless the Employee, in administrator without Union representation.
11.05 In the event the parties reach agreement during the grievance procedure, up to and including 11.07, Step 3, and without establishing a precedent, such grievance may be withdrawn without prejudice. However, the grievance withdrawn may not be reinstated unless new information becomes available. If such a grievance is reinstated, financial liability, if any, shall date only from the date the grievance was filed by in writing to the Employee, date the Association, grievance was withdrawn and from the District mutually agree to observe date the timelines specified in Article 4grievance was reinstated until the date the grievance is finally settled.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) 11.06 It is understood and agreed that all aspects no employee shall be penalized or denied promotion and/or transfer for utilization of such informal discussionsthe grievance procedure.
11.07 Grievances shall be presented in the following manner:
Step 1 - Employees who believe they have a grievance may discuss the grievance with their ▇▇▇▇▇▇▇. The supervisor shall make arrangements for the employee to be off the job to discuss the complaint with the ▇▇▇▇▇▇▇. If the ▇▇▇▇▇▇▇ determines that a grievance exists, if any, which take place shall have no bearing or precedential effect on the resolution ▇▇▇▇▇▇▇ may discuss the grievance with the employee's immediate supervisor with the objective of that grievance or any similar grievance filed in accordance with this Articleresolving the matter informally.
(da) If a the grievance is resolved as a result of an informal discussionhas not been settled, the Immediate Supervisor or Appropriate Administrator may ▇▇▇▇▇▇▇ shall reduce that resolution it to writing prior and present it to the termination Human Resources Director within ten (10) calendar days after the meeting set forth in Step 1. A meeting between the ▇▇▇▇▇▇▇, the Unit Chairperson, the Local Union President and representatives of the Employer will be arranged to discuss the grievance or
(b) The Union representative may meet on the Employer's property for a reasonable period of time limits for filing a formal grievance. Any written resolution immediately preceding the meeting with the Human Resources Director.
(c) Within five (5) calendar days after such meeting, the Human Resources Director shall be acknowledged by both parties and forwarded submit an answer in writing to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedUnit Chairperson.
Appears in 1 contract
Sources: Uaw Pool Contract
GRIEVANCE AND ARBITRATION PROCEDURE. 4Any complaint arising between the employees and the Employer shall be considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the procedure outlined below: Any employeehaving a complaint shall first take the matter up with her supervisor when the employee became aware of the issue giving rise to the complaint. The supervisor shall give a decision within seventy-1 A two (72) hours of such discussion. If the supervisor’s decision is not satisfactory to the employee, the employee may refer the complaint to the Union Committee. The Union Committee will then submit the grievance is defined as any dispute which arises regarding an interpretation, applicationin writing to the Administrator, or alleged violation designate within five (5) calendar days of the response. The Administrator shall respond to the grievance in writing to the Union Committee within five (5) calendar days of receipt. If the response is not satisfactoryto the Union Committee, the parties shall arrange a meeting with-in five (5) calendar days of receipt of the Employer’sresponseto discuss the grievance. The meeting shall be attended by the Union Committee and representativesof the Employer. The Employer’s response shall be in writing within five (5) calendar days of the meeting. If the Union Committee is not satisfied with the response it may refer the grievance to arbitration as provided below within five (5) calendar days of the receipt of the Employer’s response. The parties shall use a single arbitrator to decide unresolved grievances between them selected from the list below: ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ The parties may add to the list by mutual agreement. The cost of the arbitrator shall be shared equally by the Employer and the Union. The arbitrator shall not have the to alter or change any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Associationnor to substitute any new provisions lieu thereof, or by the Association. A grievance will not include nor give any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.decision
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is For purposes of this Article, a “grievance” will be defined as any an actual dispute which arises regarding an interpretation, application, or alleged violation of any arising as a result of the provisions application or interpretation of one or more express terms of this Agreement provided, however, that any matter reserved to the discretion of the Town by the terms of this Agreement, or arising before the date of this Agreement, will not be subject to this grievance procedure nor construed as being grievable. A The Town and the Union understand that the grievance procedure is designed as a procedure for prompt resolution of disputes. Therefore, no grievance may be filed by an Employee commenced more than five (5) days after the the Union or the employee have knowledge of the School District covered by this Agreement, individually incident or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for event upon which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure is based. All grievances will be handled in accordance with the grievance procedures set forth in this Article shall be construed as maximum and an attempt shall be made Article. References to expedite the process. The time limits set forth periods of days in this Article shall be waived at the end will not include Saturdays, Sundays, or holidays. A representative of the aggrieved Employee's regular assignment or when Union shall accompany the aggrieved Employee is on an approved leaveemployee in any meeting with a Town representative concerning a grievance.
Step 1. Within five (5) days of the event giving rise to the grievance, unless the EmployeeUnion shall file a grievance, in writing, with the event Fire Chief, with a copy to the Town Administrator. The grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:will contain;
(a) Both parties encourage Employees covered by this a concise statement of the facts; (b) a citation of applicable contract language, which shall include the Article and section of the Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possibleunder which the grievance arises; (c) the specific provisions of the Agreement that allegedly have been violated; and (d) the remedy sought. The provisions date the grievance is submitted to the Fire Chief will constitute the commencement date of this Article are the grievance. The Fire Chief will meet with the Union and attempt to settle or adjust the grievance. If a satisfactory settlement or adjustment cannot intended be reached, the Fire Chief will submit a written decision, to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal local Union President, within ten (10) days of receipt of the grievance.
(b) Step 2. If an Employee requests an informal discussion with his/her immediate supervisor the grievance is not resolved at Step 1 or Appropriate Administrator concerning answered by the subject matter of a potential Fire Chief within the time limit set forth above, the Union may appeal the grievance, such informal discussions will be held no in writing, to the Town Administrator with a copy to the Fire Chief, not later than thirty five (305) Days days from the last day date the alleged violation occurredFire Chief’s response was due. The Town Administrator will respond to the grievance, in writing, to the local Union President, within fifteen (15) days after the date of receipt of the appeal.
Step 3. If the grievance is not resolved at Step 2 by the Town Administrator within the time limit set forth above, the Union may appeal the grievance, in writing, to the Board of Selectmen with a copy to the Fire Chief and the Town Administrator, not later than five (c5) It is understood and agreed that all aspects days from the date the Town Administrator’s response was due. The Board of such informal discussionsSelectmen, if anyin its sole discretion, which take place shall have no bearing may elect to meet with the Union to discuss the grievance or precedential effect may rule on the resolution grievance without any meeting. The Board of Selectmen shall respond to the grievance, in writing, to the local Union President, withi`n thirty
Step 4. In the event that the grievance is not satisfactorily resolved at Step 4, the Union or any similar grievance filed the Town may, by written notice to the other, request arbitration within five (5) days after the reply of the Board of Selectmen is due. The Union and the Town shall attempt to agree on an arbitrator. If the Union and the Town fail to agree on an arbitrator within seven (7) days after notice of arbitration has been given, the Union or the Town may file a demand for arbitration with the American Arbitration Association within seven (7) days after the seven (7) day window for the parties to try to agree upon a mutually agreeable arbitration, and an arbitrator shall then be selected in accordance with this Articlethe applicable rules of said American Arbitration Association.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered A grievance committee, designated by this Agreement the Guild, shall be estab- lished to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee settle amicably with a potential grievance from informally discussing committee appointed by the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievanceEmployer, all grievances arising under this Agreement.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning A grievance shall be submitted only by a written notice from the subject matter of a potential complaining party to the other party briefly setting forth the facts giving rise to the grievance, such informal discussions will the ground of complaint and the remedy sought. A grievance must be held no later than thirty submitted in writing within twenty-one (3021) Days from calendar days of when the last day grieving party knew or should have known of the alleged violation occurredaction or event giving rise to the grievance. The parties agree to meet within fif- teen (15) calendar days after notification by either side that it has a griev- ance open for discussion.
(c) It Any grievance filed on or after the date upon which this Amend- ment is understood signed, other than a grievance protesting a discharge for good and agreed that all aspects sufficient cause or discipline, shall not be subject to arbitration for the duration of this Agreement unless the parties mutually agree in writing otherwise, such agreement not to be unreasonably withheld. A grievance raised under (b) above may be moved to arbitration by either party at any time more than fifteen (15) calendar days after receipt of the written no- ▇▇▇▇ in (b) above, but in no event later than forty-five (45) calendar days of receipt of such informal discussions, if any, which notice (this time may be extended by mutual agreement). Any grievance not moved to arbitration within said thirty (30) calendar days shall be deemed abandoned. A party’s decision to forgo arbitration of a grievance shall not prejudice that party from pursuing through arbitra- tion a future alleged violation of the same sort. The motion for arbitration shall be by written notice from the moving party to the other party. The parties then shall take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Articleissue to arbitration according to the procedures hereinafter set forth.
(d1) If a grievance is resolved as a result The Employer and the Guild agree to the following panel of an informal discussionten (10) arbitrators: ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇.
(2) Within five (5) days after receipt of the written notice of arbitration, the Immediate Supervisor parties shall meet and select an arbitrator from the panel set forth in paragraph (1) above. In the event there is disagreement as to which of these arbitrators shall serve, an arbitrator shall be selected by the elimination process.
(3) In the event that the arbitrators on the panel set forth in paragraph (1) above are unable or Appropriate Administrator may reduce unwilling to serve in any arbitration, the parties shall select an arbitrator in the manner prescribed in the Cali- fornia Code of Civil Procedure Section 1281.6. This procedure shall be fol- lowed by asking the Presiding Judge of the San Francisco Superior Court to select an arbitrator by the method provided in C.C.P. Section 1281.6 with- out the filing of a petition.
(4) The party seeking arbitration shall state in the written notice of arbitration whether the procedure in paragraph 5 or 6 of this section (c) shall be followed, and in the case of paragraph 5, shall submit written proof that resolution to writing prior it has secured the written consent of the other party to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedInformal Hearing procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A All agreements reached under the grievance is defined procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration The two nominees shall attempt to select by chairman of the Arbitration Board. If they are unable to such a chairman within a period of fourteen calendar da, shall then request the Minister of Labour for the Province to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be to make any dispute which arises regarding an interpretation, application, or alleged violation of any of decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. A grievance may be filed by an Employee The proceedings of the School District covered by this Agreement, individually or through the Association, or Arbitration Board will be expedited by the Association. A grievance will not include any matter or action taken by parties hereto and the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level decision of the grievance procedure set forth in this Article shall majority and, where there is no majority the decision of the chairman will be construed as maximum final and an attempt shall be made to expedite upon the processparties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set forth out in this Article the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits exceed by the written agreement of the parties, shall be waived result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the end time of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, reference to arbitration and the District mutually agree other provisions referring to observe the timelines specified in Article 4Arbitration Board shall appropriately apply.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-Formatted: Indent: Hanging: 36 pt, Numbered + Level: 1 A grievance is defined as + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 18 pt
A. In the event that any difference or dispute which arises regarding an interpretation, applicationshould arise between the Employer and the Union, or alleged violation its represented personnel employed by the Employer, over the application and interpretation of the terms of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle such differences
1. Between the aggrieved employee, with the ▇▇▇▇▇▇▇ and the immediate supervisor. The supervisor shall answer the grievance in writing. If no satisfactory agreement in writing is reached within five (5) days thereafter, the grievance shall be moved to Step 2.
2. A Step 2 meeting on the grievance will be within thirty (30) working days of the Step 1 meeting and will be at the Employer’s premises between an official of the Union in conference with the Employer’s designees. The ▇▇▇▇▇▇▇ and aggrieved employee shall also be present. Should no acceptable agreement be reached within an additional five working days, the matter may be referred to arbitration by the Employer or the Union only.
B. Either party may, within the stipulated five (5) days after the Step 2 meeting, request the New Jersey Public Employment Relations Commission to submit a list of arbitrators from which the parties may select an arbitrator. The arbitrator shall be limited to the issues presented and have no power to add to, subtract from, or modify any of the terms of this Agreement, or to establish or change any wage rate. The decision shall be final and binding. Any fees or administrative charges for the arbitrator shall be borne equally by both parties. Witness fee and other expenses shall be borne by the parties respectively.
C. Any State or Federal statutory claims related to an employment action must be joined in the arbitration (i.e., Title VII, N.J. Law Against Discrimination, FLMA, etc.).
D. Unless extended by mutual agreement in writing, the failure to observe the time limits herein shall constitute abandonment of the grievance and settlement on the basis of the last Employer answer. Failure to meet the time limits by the Employer shall be deemed a waiver of the particular step of the Grievance Procedure and the Union may automatically appeal the grievance to the next step including arbitration.
E. The Local Union or its authorized representatives shall have the right to examine time sheets and any other records pertaining to the computation of compensation of any of individual or individuals whose pay is in dispute or relevant records pertaining to a specific grievance.
(1) The parties direct the Arbitrator to decide, as a preliminary question, whether he/she has jurisdiction to hear and decide the matter in dispute.
(2) The Arbitrator shall be bound by the provisions of this Agreement. A grievance may be filed by an Employee Agreement and the Constitution and Laws of the School District covered by this AgreementState of New Jersey, individually or through and be restricted to the Associationapplication of the facts presented to the employee involved in the grievance. The Arbitrator shall not have the authority to add to, detract from, or by modify in any way the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Articleamendment or supplement thereof.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation of any (Cont'd)
18:07 If the disposition of the provisions grievance at the end of Step II meeting is not satisfactory, either party may notify the other within thirty (30) calendar days and the grievance shall be submitted to arbitration. The procedure for arbitration shall be as follows:
18:07.01 The Board of Arbitration shall consist of one (1) member selected by the Union and one (1) member selected by the Company and these two (2) members shall within seven (7) calendar days select the third (3rd) member of the Board who shall act as Chairperson. If the representatives cannot agree on an impartial Chairperson within the time specified the appointment shall be made by the Minister of Labour for Ontario.
18:07.02 Such Board of Arbitration shall have no jurisdiction to alter, change, amend or enlarge the terms of this Agreement. A grievance may However, such Board of Arbitration shall have the power to settle grievances by any arrangement which the Board deems just and equitable with these terms.
18:07.03 The decision and finding, which must be filed by an Employee reached within twenty-one (21) calendar days after the Board of Arbitration is established, shall be final and binding on both parties.
18:07.04 The cost of the School District covered by this Agreement, individually or through the Association, or third (3rd) arbitrator shall be borne equally by the Association. A grievance will not include any matter or action taken by Union and the school trustees, or any of its agents, for which relief is granted by the Statutes of NevadaCompany.
4-2 18:07.05 The provisions decision of this Article are for the purpose majority of setting forth the full grievance procedure including Board shall be the time limits relating to these procedures which may culminate in arbitrationdecision of the Board and if there is no majority the decision of the Chairperson shall govern.
4-3 Time limits indicated at each level of the grievance procedure 18:08 If any time limitations as set forth in this Article each step of the Grievance Procedure are not met, the grievance shall be construed deemed to have been settled in favour of the party who was timely in all respects. However, the time limitations as maximum and an attempt shall be made to expedite the process. The time limits set forth may be extended by written mutual agreement in this Article shall be waived at the end case of the aggrieved Employee's regular assignment absence of a necessary party or when other reasons.
18:09 All grievances submitted to the aggrieved Employee is on an approved leaveCompany in writing shall state the specific section(s) and/or paragraph(s) of the Agreement alleged to have been violated. However, unless arguments will not be limited to those specific section(s) and/or paragraph(s).
18:10 The Company will not pay employees' or witnesses' time attending arbitration proceedings or hearings, but agrees that the EmployeeUnion may call witnesses that are employees of the Company.
18:11 The Union may file a grievance alleging violation, in the event the mis-interpretation or non-application of any provision of this Agreement. Such a grievance was filed will be entered by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions President of the time limits may be requested verbally or in writing by either partyLocal Union within forty-eight (48) hours after the facts become known. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects Discussion of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination grievances will begin at Step II of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve Grievance Procedure as notice that the formal grievance procedure may be initiatedherein defined.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 1. A grievance means a dispute or controversy arising out of or involving the interpretation or application of this Agreement. Grievances shall be filed in writing with the grievant’ s Supervisor with a copy to the Executive Director within fifteen (15) working days after the occurrence or within fifteen (15) working days after the grievant or Guild become aware of the occurrence or should have reasonably become aware of the occurrence. Efforts to adjust grievances shall be made on JWJ-ARAW work time within reason.
2. Step One: There shall be a meeting between a Guild ▇▇▇▇▇▇▇, the grievant (by teleconference, at JWJ- ARAW expense, if the employee is defined as any dispute which arises regarding an outside the Washington, D.C. area) and the Department Head (and/or designees) within fifteen (15) working days of the receipt of the written grievance. The employer shall respond in writing within fifteen (15) working days of this meeting. If the employer does not respond, the Guild may move the matter to arbitration.
3. Any matter involving the interpretation, application, administration or alleged violation of any of the provisions this Agreement (except renewal of this Agreement. A grievance ), including a question of whether or not a matter is arbitrable, not satisfactorily settled by step one may be filed submitted to final and binding arbitration by an Employee either party within (15) working days of the School District covered by this AgreementStep One response. If the parties cannot agree on the impartial arbitrator, individually or through then the AssociationFederal Mediation and Conciliation Service will be requested to designate a panel of arbitrators, or and the arbitrator shall be selected by the Associationparties alternately striking names from the list until one name remains and that person shall be the arbitrator. A grievance will not include any matter or action taken All costs of such arbitration shall be borne equally by the school trusteesparties, or except that no party shall be obligated to pay any part of its agents, for which relief is granted by the Statutes cost of Nevadaa stenographic transcript without express consent.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating . Failure to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If file a grievance is resolved as in a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for timely fashion in one instance shall not preclude filing on a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedsimilar issue which occurs subsequently.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A A. Any complaint, grievance is defined as any or dispute which arises regarding an interpretationarising under, application, out of or alleged violation of any of relating directly or indirectly to the provisions of this Agreement. A grievance may be filed by an Employee of Agreement between the School District covered by this Agreement, individually Union or through any employees and the AssociationEmployer, or by the Association. A grievance will not include any matter interpretation or action taken by the school trusteesperformance thereof, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employeeshall, in the event first instance be taken up for adjustment by a representative of the Union and a representative of the Employer. Any and all matters in dispute, including a dispute concerning the interpretation or application of the arbitration provision, which have not been adjusted pursuant to the procedure therein provided shall be referred for arbitration and final determination to the Arbitrator herein designated, and his decision or award shall be final, conclusive and binding on all parties; and the parties hereby stipulate and consent that the Arbitrator may make findings, decisions and awards which may be enforced by appropriate judgment thereon to be entered in a Court of Law or Equity. Any grievance was filed which is submitted to arbitration shall be heard by one of the Employeemembers of a panel of three arbitrators, who shall be Jerome H. Ross, Charles Feigenbaum, and Joseph M. Sharnoff. These arb▇▇▇▇▇▇▇▇ ▇▇▇▇▇ h▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ a rota▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇ order set forth above, provided that if the arbitrator whose turn it is to hear a grievance cannot meet the timetable set forth herein, the Association, next available arbitrator shall hear the case and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions rotation shall continue from there. If none of the time limits may arbitrators can hear the case within said timetable, then the arbitrator who can hear it first will be requested verbally or in writing by either partyutilized and the rotation will continue from there. Verbal extensions Hearings shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days fifteen calendar days after the arbitrator has received his assignment at a place mutually agreeable to the Union and the Company. The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit the full presentation of all evidence and arguments for both parties, provided, however, that the parties shall have the right to file written briefs with the arbitrator within seven calendar days following the closing of the hearing record. The award of the arbitrator shall be rendered no later than ten calendar days from the last day the alleged violation occurred.
(c) It hearing concluded or the briefs are submitted unless an extension of time is understood mutually agreed upon by the parties. A lengthy opinion shall not be requested or required from the arbitrator. Rather, the arbitrator is instructed to issue an award and agreed that all aspects a summary statement of such informal discussions, if any, no more than five pages which take place briefly sets forth the basis for the award. The parties may request the arbitrator to notify them of his award by telephone after the award has been mailed. The decision of the arbitrator shall be limited to the matter presented to him; he shall have no bearing authority to amend, alter or precedential effect change any provision of this Agreement. The decision of the arbitrator shall be final and conclusive on the resolution of that grievance Company, the Union and the employee(s) involved. The arbitrator's fees and expenses shall be borne equally by the Union and the Company. Except as expressly provided otherwise in the Agreement, with respect to any dispute subject to arbitration or any similar grievance filed claim, demand, or act arising under the Agreement which is subject to arbitration, the procedure established in accordance this Agreement for the adjustment thereof shall be the exclusive means for its determination. No proceeding or action in a court of law or equity or administrative tribunal shall be initiated with this Article.
(d) If respect thereto other than to compel arbitration or to enforce, modify, or vacate an award. This paragraph shall constitute a grievance is resolved as complete defense to or ground for a result stay of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedaction instituted contrary hereto.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Bank Jos a Clothiers Inc /De/)
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty twenty (3020) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the associate superintendent’s designee, Employee-Management RelationsHuman Resources Division. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
4-6 All grievances shall be processed in the following manner: STEP TWO
Appears in 1 contract
Sources: Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as In the event that any controversy or dispute which arises regarding an interpretation, applicationconcerning the interpretation or application of, or alleged violation of any of compliance with the provisions of this Agreement, the Employer and the Union shall make every reasonable effort the settle the dispute informally within seven (7) business days of being notified of the existence of the complaint. A grievance may be filed by an Employee party shall have five (5) business days after learning of the School District covered by this Agreement, individually or through dispute to initiate the Association, or seven (7) day period of informal discussions. All disputes must be submitted to the Union by the Association. A grievance will not include any matter or action taken by affected employee within five (5) business days from the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level latter of the grievance procedure set forth date the employee leaves the vessel or the day in this Article shall be construed as maximum and an attempt shall be made which the employee has a reasonable opportunity to expedite the process. The time limits set forth in this Article shall be waived at the end learn of the aggrieved Employee's regular assignment or when existence of the aggrieved Employee is on an approved leave, unless the Employee, in dispute. In the event the grievance was filed by dispute remains unsettled after the Employeeseven (7) day period, the Association, and complainant may file a formal written grievance. The grievance must be presented to the District mutually agree to observe party against whom the timelines specified in Article 4.
4complaint has been filed within seventy-4 Extensions two (72) hours of the time limits may be requested verbally or in writing by either partyexpiration of the seven (7) day period. Verbal extensions The party against whom the complaint has been filed shall be confirmed in writing by the party making the request within have seventy-two (272) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement hours to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possibleprovide its answer to the grievance. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing if no answer is filed within the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions stated time it will be held no later than treated as a denial of the grievance. If the parties are unable to settle the dispute within thirty (30) Days from days after the last day answer, the alleged violation occurred.
(c) grieving party may invoke arbitration by notifying the other party in writing of it's desire to submit the matter to binding arbitration. The party invoking arbitration shall simultaneously file a copy of the notice with the American Arbitration Association. All matters pertaining to the arbitration hearing and the selection of an arbitrator will be subject to the Rules of the American Arbitration Association. Cost incurred by the arbitrator shall be borne by the party ruled against. All time limits imposed by this Article can be extended by mutual agreement. It is understood that the sole function of the arbitrator is to interpret the express provisions of this Agreement and agreed that all aspects to apply them to the facts of such informal discussions, if any, which take place the grievance. The arbitrator shall have no bearing power to change, amend. modify, add to, subtract from, or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with otherwise alter this ArticleAgreement.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Moran Transportation Co)
GRIEVANCE AND ARBITRATION PROCEDURE. 4-Section 1 A Any grievance is defined as any or dispute which arises regarding an interpretationmay arise between the Parties, including the application, meaning, or alleged violation of any of the provisions interpretation of this Agreement, shall be settled in the following manner:
STEP 1. A The UNION ▇▇▇▇▇▇▇, with or without the Employee, shall take up the grievance may be filed by an Employee of or dispute, in writing, with the School District covered by this AgreementEmployee's departmental supervisor within ten (10) working days, individually or through the Associationnot including holidays, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agentsoccurrence. The departmental supervisor shall then attempt to adjust the matter and shall respond to the ▇▇▇▇▇▇▇ within ten (10) working days, for which relief not including holidays. If the ▇▇▇▇▇▇▇ is granted by not available, the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which response may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the processchairman of the UNION Grievance Committee.
STEP 2. If the grievance has not been resolved, it shall be presented, in writing, by the UNION ▇▇▇▇▇▇▇ or the chairman of the UNION Grievance Committee, to the Police Chief within ten (10) working days, not including holidays, after the Departmental Supervisor's response is due. The time limits set forth Police Chief shall respond to the UNION ▇▇▇▇▇▇▇ or the chairman of the UNION Grievance Committee, in this Article writing, within ten (10) working days, not including holidays.
STEP 3. If the grievance still remains unresolved, it may be presented by the UNION Representative or Grievance Committee Chairman to the City Administrator, or his representative, in writing, within ten (10) working days, not including holidays, after the response of the Police Chief is due. The City Administrator, or his representative, shall respond, in writing, to the UNION Representative or Grievance Committee Chairman (with a copy of the response to the local UNION President) within ten (10) working days, not including holidays. Any and all grievances reduced to writing and resolved shall be waived signed by the CITY's and UNION's Committees for the records of each Party. In order to eliminate waste of time or delay, it may be agreed by the CITY's and the UNION's Committees to try to resolve one or more grievances at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employeesame time. Also, the Association, and CITY or the District mutually agree UNION shall have the right to observe call any witnesses either Party feels necessary whose testimony would be pertinent to the timelines specified in Article 4.
4-4 Extensions settlement of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) STEP 4. If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievancegrievance is still unresolved, such informal discussions will be held no later than either Party may, within thirty (30) Days from days after the last day reply of the alleged violation occurred.
City Administrator or his representative is due, by written notice to the other, request Arbitration. The Arbitration proceedings shall be conducted by an Arbitrator to be selected by the CITY and the UNION, within ten (c10) It is understood working days, not including holidays, after notice has been given. If the Parties fail to select an Arbitrator, the Federal Mediation and agreed that all aspects Conciliation Service shall be requested, by either or both Parties, to provide a panel of such informal discussionsseven (7) Arbitrators. The Party, if anyother than the Party requesting arbitration, which take place shall have no bearing or precedential effect the right to strike the first name; the other Party shall then strike one (1) name. The process will be repeated and the remaining person shall be the Arbitrator. The decision of the Arbitrator shall be final and binding on the resolution Parties, and the Arbitrator shall be requested to issue his decision within 30 days after the conclusion of that grievance or testimony and argument. Notwithstanding any similar grievance filed provision herein to the contrary, no dispute shall be submitted to binding arbitration when the Governing Body of the City of Carlsbad has, pursuant to the provisions of 39-3-1.1 et. seq., ▇▇▇▇ ▇▇▇▇ as amended, previously made a final decision on the same dispute. Employees may appeal the decision of an arbitrator to District Court in accordance with this ArticleState Statutes.
(d) If Section 2 Expenses for the Arbitrator's services and the proceedings shall be borne equally by the CITY and the UNION. Both Parties may mutually agree to provide and share equally in the cost of providing a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination verbatim record of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedproceedings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any 5.01 Any dispute which arises regarding an involving the application, interpretation, applicationadministration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be subject of a grievance. Except as otherwise provided in Clauses 5.06 and 5.07, grievances shall be dealt with in the following manner: An Occasional Teacher and Federation Representative shall present the grievance in writing to the Superintendent responsible for Human Resources. The grievance must be filed within fourteen (14) calendar days of the provisions time the grievor was notified in writing, or of the time when the grievor should reasonably be expected to be aware of the action or circumstances giving rise to the grievance. The Superintendent shall respond to the grievance in writing within fourteen (14) calendar days of receipt of the grievance. If no settlement is reached, the grievance shall be filed in writing to the Director of Education provided this Agreementis done within fourteen (14) calendar days of receipt of the reply at Step 1. A The Director of Education and the Chair of the Board's Negotiating Committee shall meet with the grievor within fourteen (14) calendar days of receipt of the grievance at this Step. The Director of Education shall respond to the grievance in writing within twenty-one (21) calendar days of the above noted meeting.
5.02 If final settlement of the grievance is not reached at Step 2, within twenty-one (21) calendar days of the receipt of the reply the grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or referred in writing by either party. Verbal extensions shall be confirmed the Federation or the Board to a Board of Arbitration as set out in writing by the party making the request within two (2) DaysClause 5.03.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered The Board of Arbitration shall be composed of one person appointed by this Agreement the Board, one person appointed by the Federation, and one person chosen by the other members of the Board of Arbitration to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievanceact as Chair.
(b) The Party requesting a Board of Arbitration shall notify the other Party, at the time of request, of its appointee to the Board of Arbitration. The recipient of the notice shall, within twenty-one (21) calendar days, inform the other Party of the name of its appointee to the Board of Arbitration. If the recipient of the notice fails to make an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning appointment, the subject matter other Party may request the Minister of a potential grievance, such informal discussions will be held no later than thirty (30) Days from Labour for Ontario to make the last day the alleged violation occurredappointment.
(c) It is understood Should the persons appointed by the Federation and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect the Board to act on the resolution Board of that grievance or any similar grievance filed in accordance with this Article.
(d) If Arbitration fail to agree upon a grievance is resolved third person to act as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, EmployeeChair within twenty-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.eight
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which 19.01 Where a difference arises regarding an interpretation, applicationbetween the parties here- to, or alleged violation of between any of the parties hereto and any person upon whom this Agreement is binding, relative to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitral, or where an alle- gation is made that this Agreement has been violated, the mat- ter shall be adjusted under the following provisions.
19.02 No adjustment of a complaint or settlement of a grievance shall be made that is inconsistent with the terms and provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The 19.03 No Employer, Employee, Association or Union shall make any private arrangements that may conflict with the terms and provisions of this Article are Agreement.
19.04 A time limit of sixty (60) calendar days from the actual knowledge of the grievance by the Business Representative shall apply to the filing of a grievance with respect to wage claims, contributions for welfare, pension or supplementary unemployment benefit plans, vacation and statutory holiday pay, deductions for union dues check-off or union dues supplement, contributions or deductions, whichever the purpose of setting forth case may be, for Union and Employer administration funds, and for apprenticeship and training plans or funds.
19.05 All time limits mentioned in the full grievance procedure including Grievance Procedure may be extended by mutual agreement in writ- ing. In determining time limits, other that the time limits relating for the filing of grievances, Saturday, Sunday, and Statutory Holidays shall be excluded. Where no answer is given with- in the time limits, the aggrieved party may proceed to these procedures which may culminate the next step in arbitrationthe procedure.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) 19.06 It is understood and agreed that all aspects an employee has no grievance until an opportunity has been given to adjust a complaint. The employee may discuss the matter, with or without the ▇▇▇▇▇▇▇ or Business Representative, with his ▇▇▇▇▇▇▇ or other supervisory personnel. Failing settlement of such informal discussionsa complaint with two (2) days, if any, which take place shall have no bearing or precedential effect on the resolution of that a grievance or any similar grievance filed in accordance with this Articlemay proceed.
19.07 No grievance, except those grievances referred to in 19.04, shall be entertained by either party unless filed by the aggrieved party within ninety (d90) If a grievance is resolved as a result calendar days of an informal discussionthe circumstances giving rise to its occurrence.
19.08 All grievances shall set down the nature of the grievance, the Immediate Supervisor article or Appropriate Administrator may reduce that resolution articles of this agreement alleged to writing prior to have been violated and the termination nature of the time limits for filing a formal grievance. Any written resolution remedy sought, and shall not be acknowledged subject to change except by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedmutual agree- ment in writing.
Appears in 1 contract
Sources: Provincial Plasterer's Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an 6.1 Any difference concerning the interpretation, application, application or operation of this Agreement or any alleged violation of thereof, including any of question as to whether any matter is arbitrable, shall be dealt with in the provisions following manner.
6.2 Disputes and appeals arising from the application of this Agreement. A grievance may Agreement or from suspensions and/or dismissals which cannot be filed by an Employee of settled directly between the School District covered by this Agreement, individually individual Officer or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article his superior shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed submitted in writing by the party making Officer to the request within two (2) DaysVancouver Office of the Guild, while the superior shall submit his opinion of the dispute in writing to the City Administrator.
4-5 STEP ONE: Informal Discussion:
6.3 Upon receipt of a written grievance referred to above, a Representative of the Guild shall, within fourteen (a14) Both parties encourage Employees covered by this Agreement days, submit the grievance in writing to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievanceCity Administrator.
6.4 If a satisfactory settlement is not reached within fourteen (b14) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning days of the subject matter of a potential grievancedate that the grievance is submitted to the City Administrator, such informal discussions will be held no later than the grievance may, within thirty (30) Days days of that date, be referred to the Arbitrator, in the manner provided as follows. The time limit may be extended by mutual agreement.
6.5 The Party desiring to arbitrate under this procedure shall notify the other Party in writing of its intention, and the particulars of the matter in dispute.
6.6 The Party receiving such notice shall, within five (5) days thereafter, confirm such notification in writing.
6.7 The Parties shall then confer and shall within five (5) days choose a single Arbitrator to arbitrate the dispute and shall abide by the decision of such Arbitrator. Failing mutual agreement, the Minister of Labour will be asked to appoint a Chairman.
6.8 The Arbitrator shall sit, hear the Parties, settle the terms of the question or questions to be arbitrated and to make his award within ten (10) days from the last day date of his appointment, providing the alleged violation occurredtime may be extended by mutual consent of the Parties. The Arbitrator shall deliver his award in writing to each Party concerned and his award shall be final and binding on both Parties and they shall carry it out forthwith.
(c) It is understood and agreed that all aspects 6.9 Each Party hereto shall respectively assume any expense in connection with the attendance at the sittings of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this ArticleBoard.
(d) If a grievance is resolved as a result 6.10 Any expense in connection with the appointment of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution Arbitrator shall be acknowledged by both parties and forwarded to equally divided between the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedParties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as In the event of any dispute which arises regarding an interpretationbetween the Union or any of the persons subject to this Agreement and the Producer with regard to wages, applicationhours or other conditions of employment under this Agreement, or with regard to the interpretation of this Agreement,* the procedure, unless otherwise specifically provided herein, shall be as follows: * Any such disputes that give rise to an alleged violation of any Sections 8(a)(1) and/or 8(a)(3) of the provisions National Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure under this Article 7. The aggrieved party shall discuss the matter with his immediate supervisor. In the event the matter is not resolved, then within five (5) days thereafter, the aggrieved party shall reduce the grievance to writing and mail or deliver same to the other party and concurrently furnish a copy of this Agreement. A grievance may be filed by an Employee such notice to the designated representative of the School District covered by this AgreementLocal Union. Such written notice shall contain the specific contract provisions and sections which are alleged to have been violated, individually or through a clear statement of the Associationfacts of the alleged violation, the name of the grievant and the remedy that is being requested. Upon receipt of such written notice, the receiving party will be required to respond within ten (10) working days. The Shop ▇▇▇▇▇▇▇ and the Department Head shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties and any employees concerned. If the grievance is not settled in Step One within ten (10) days following the invocation of Step One, or if there is no Shop ▇▇▇▇▇▇▇, the aggrieved party may proceed to Step Two by the Association. A grievance will not delivering or mailing, within ten (10) days thereafter, a written demand, which shall include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level a statement of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite particulars of the processclaim, upon the other party. The time limits set forth in this Article shall be waived at the end Failure of the aggrieved Employee's regular assignment or when party to so serve such demand shall constitute a waiver of the aggrieved Employee is on an approved leaveclaim. Upon receipt of such written notice, unless but no later than ten (10) days after receipt of such notice, the EmployeeBusiness Representative of the Local Union and the designated representative of the Producer shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, in if any, of these representatives shall be final and binding upon the parties and any employees concerned. In the event the grievance was filed by is not settled in Step Two, or if the EmployeeBusiness Representative of the Local Union and the designated representative of the Producer fail to meet in Step Two, the Associationaggrieved party may proceed to Step Three by delivering or mailing to the other party and Contract Services Administration Trust Fund (CSATF), and within ten (10) days following the District mutually agree to observe the timelines specified completion of Step Two or, if there is no meeting in Article 4.
4-4 Extensions Step Two, within ten (10) days after service of the time limits may be requested verbally or demand in writing by either party. Verbal extensions shall be confirmed in writing by the party making the Step Two, a written request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possiblefor Step Three proceedings. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will dispute shall thereupon be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that submitted for resolution to writing prior to the termination a panel comprised of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.three
Appears in 1 contract
Sources: Location Managers Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as 14.1 The parties understand and agree that in the event any dispute which arises regarding an interpretationout of the meaning, application, interpretation or alleged violation of any application of the provisions of this Agreement. A grievance may , the same shall be filed settled by an Employee means of the School procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District covered by this Agreement, individually or through the AssociationCouncil on its own behalf, or by the Association. A grievance will not include any matter or action taken by the school trusteeson behalf of an employee whom it represents, or any of a contractor on its agents, for which relief is granted by own behalf) provides notice in writing to the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level signatory party with whom it has a dispute within five (5) days after becoming aware of the grievance procedure set forth dispute but in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the no event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later more than thirty (30) Days days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 14.1 may be extended by mutual written agreement of the parties.
14.2 Grievances shall be settled according to the following procedure:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Grievance Committee), to confer in an attempt to resolve the grievance. The Grievance Committee shall be comprised of two (2) representatives of County; and two (2) representative of the Imperial County [Fill in Name of Union]. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon in writing) it may be referred within five (5) business days by either party to Step 3:
Step 3: Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the last day the alleged violation occurred.list of five (5) below:
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.1. TBD
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance2. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management RelationsTBD
3. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.TBD
4. TBD
Appears in 1 contract
Sources: Project Stabilization Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 Section 19.1 A grievance is defined as any dispute which arises regarding an interpretation, applicationa claim against, or dispute with, the Region by an employee, employees or the Union involving the interpretation or application of an express provision of this Agreement.
Section 19.2 A grievance shall be considered waived unless it is submitted and processed in accordance with the following procedure and time tables: An employee and a Union Representative may orally present and discuss a grievance with the appropriate management representative of the Region. A written report of any agreement reached as a result of the discussion shall be provided to the Union. Informal discussion shall not serve to extend the time within which a grievance must be filed, unless such is mutually agreed upon in writing.
Step 1 If no settlement is reached, the grievance shall be reduced to writing and submitted to the Department Director within ten (10) calendar days, from the date upon which the employee first gained or should have reasonably gained knowledge of the alleged violation of any the Agreement. The grievance shall be signed by the grievant and/or Union Representative, and shall set forth the nature of the dispute, the relief sought and the specific provisions of the Agreement alleged to have been violated.
Step 2 If no settlement is reached, the grievance may be appealed to the head of Human Resources or designee within ten (10) calendar days, after the Step 1 decision was rendered.
Section 19.3 In the event the grievance has not been satisfactorily resolved in Step 2, then a request for arbitration may be brought only by the Union, within thirty (30) calendar days from the date the Union received the Step 2 decision, by filing a request for arbitration with the American Arbitration Association in Philadelphia, PA and providing a copy to the head of Human Resources or designee of the Region at the same time. An arbitrator will be appointed in accordance with, and the arbitration proceeding shall be governed by, the American Arbitration Association’s Voluntary Labor Arbitration Rules. All expenses of arbitration shall be borne by the Region and the Union equally, except that the cost of preparing and presenting each party’s case or charge for a late cancellation shall be borne by each respective party.
Section 19.4 The time limits herein may be extended only by written agreement of both parties.
Section 19.5 No individual employee shall have the right to invoke arbitration. No grievance may be brought to arbitration unless it arises during the term of the Agreement.
Section 19.6 The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the specific provisions of this Agreement. A grievance may be filed by an Employee .
Section 19.7 The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of the School District covered by this Agreement, individually or through the Associationto establish or alter any wage rate or wage structure, or by the Associationto interpret any Federal or State statute or local ordinance, except where specifically referenced in this Agreement. A grievance will not include The arbitrator shall have no authority to award punitive or exemplary damages. The arbitrator shall have no authority to award monetary relief for any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level period earlier than seven (7) calendar days before presentation of the grievance procedure set forth in this Article Step One. This limitation shall be construed as maximum and an attempt shall be made not apply where the grievant did not know or did not have reason to expedite know of the processalleged violation of the Agreement. The time limits set forth arbitrator shall have authority to award relief only as to individuals who have filed or are clearly identified, as in this Article shall be waived at a class action grievance, as interested parties affected by the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, contract violation alleged in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
Section 19.8 The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the Union and the Region.
Section 19.9 The arbitrator shall not hear or decide more than one (b1) grievance which does not arise out of the same incident without the mutual consent of the Region and the Union.
Section 19.10 If discipline or discharge of an Employee requests an informal discussion with his/her immediate supervisor employee results from conduct relating to a donor or Appropriate Administrator concerning sponsor and the subject matter donor or sponsor does not appear at the arbitration, the arbitrator shall not consider the failure of the donor or sponsor to appear as prejudicial so long as a potential grievance, such informal discussions will be held no later than thirty (30) Days written statement from the last day the alleged violation occurreddonor or sponsor is presented.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. It is understood and agreed that the Employee has no grievance until she has given the Director of Care or her designate the opportunity of addressing the complaint. Such complaint shall be discussed with the Director of Care or her designate within ten (10) calendar days of the circumstances giving rise to it or within ten (10) calendar days from which the circumstances ought reasonably to have come to the attention of the Employee. They will mutually attempt to find a satisfactory settlement, failing which the Director of Care will give a decision within ten (10) calendar days from the date of the discussion.
8.02 In all steps of this grievance procedure an aggrieved Employee, if she so desires, may be accompanied by or represented by a Union Representative. If a Union Representative is not available, ONA shall appoint a designate as representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party and the Administrator or designate may have such counsel and assistance present as she may desire. Failing settlement as set out in 8.01, if further action is to be taken, then within ten (10) calendar days of the decision of the Director of Care, the Employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) calendar days of submission of the written grievance. The Administrator or designate shall give a written decision within ten (10) calendar days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within fourteen (14) calendar days after the decision under Step No.1 is received, the grievance shall be deemed to have been abandoned.
8.03 For the purpose of this Agreement a grievance is defined as any dispute which arises regarding an a difference arising between the parties related to the interpretation, application, administration or alleged violation of any of the provisions of this AgreementAgreement including any question as to whether a matter is arbitrable.
8.04 A written grievance will indicate the nature of the grievance, the Article or Articles of the Collective Agreement alleged to have been violated, and the remedy sought by the grievor. A Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be filed extended only by an Employee written, mutual consent of the School District covered by parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, individually or through the Associationunless mutually extended, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevadait shall be considered to have been abandoned.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including 8.06 Unless reference is made to “calendar” days, Saturday, Sunday and designated paid holidays shall not be counted in determining the time limits relating within which any action is to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of be taken or completed under the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4procedure.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A In the event of any dispute between the Union or any of the persons subject to this Agreement and the Producer with regard to wages, hours or other conditions of employment under this Agreement, or with regard to the interpretation of this Agreement,* the procedure, unless otherwise specifically provided herein, shall be as follows: The aggrieved party shall discuss the matter with his immediate supervisor. In the event the matter is not resolved, then within five (5) days thereafter, the aggrieved party shall reduce the grievance to writing and mail or deliver same to the other party and concurrently furnish a copy of such notice to the designated representative of the Local Union. Such written notice shall contain the specific contract provisions and sections which are alleged to have been violated, a clear statement of the facts of the alleged violation, the name of the grievant and the remedy that is being requested. Upon receipt of such written notice, the receiving party will be required to respond within ten (10) working days. The Shop ▇▇▇▇▇▇▇ and the Department Head shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties and any employees concerned. If the grievance is defined as any dispute which arises regarding an interpretation, applicationnot settled in Step One within ten (10) days following the invocation of Step One, or if there is no Shop ▇▇▇▇▇▇▇, the aggrieved party may proceed to Step Two by delivering or mailing, within ten (10) days thereafter, a written demand, which shall include a statement of the particulars of the claim, upon the other party. Failure of the aggrieved party to so serve such demand shall constitute a waiver of the claim. * Any such disputes that give rise to an alleged violation of any Sections 8(a)(1) and/or 8(a)(3) of the provisions National Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure under this Article 7. Upon receipt of this Agreement. A grievance may be filed by an Employee such written notice, but no later than ten (10) days after receipt of such notice, the Business Representative of the School District covered by this Agreement, individually or through Local Union and the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level designated representative of the Producer shall immediately discuss the matter and the grievance procedure set forth in this Article shall be construed as maximum and an attempt settled if at all possible. The decision, if any, of these representatives shall be made to expedite final and binding upon the processparties and any employees concerned. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in In the event the grievance was filed by is not settled in Step Two, or if the EmployeeBusiness Representative of the Local Union and the designated representative of the Producer fail to meet in Step Two, the Associationaggrieved party may proceed to Step Three by delivering or mailing to the other party and Contract Services Administration Trust Fund (CSATF), and within ten (10) days following the District mutually agree to observe the timelines specified completion of Step Two or, if there is no meeting in Article 4.
4-4 Extensions Step Two, within ten (10) days after service of the time limits may be requested verbally or demand in writing by either party. Verbal extensions shall be confirmed in writing by the party making the Step Two, a written request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possiblefor Step Three proceedings. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will dispute shall thereupon be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that submitted for resolution to writing prior to the termination a panel comprised of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.three
Appears in 1 contract
Sources: Location Managers Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A. A grievance is shall be defined as any dispute which arises regarding an interpretationalleged violation, applicationmisinterpretation, or alleged violation of any misapplication of the provisions express terms of this Agreement.
B. It is the intention of the parties involved to provide a peaceable and orderly procedure to resolve disagreements concerning the interpretation of the Agreement.
C. The time limits in the steps may be shortened or extended upon written mutual agreement between both parties. A If the time limits are not followed by the Association, the grievance shall be considered settled based on the Employer’s last answer. If the time limits are not followed by the Employer, the grievance may be filed by an Employee of advanced to the School District covered by this Agreement, individually or through the Association, or next step by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 D. The provisions of this Article are for Association shall use a mutually agreed upon grievance form to initiate grievances.
E. For the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitrationprocessing grievances, working days shall be defined as Monday through Friday, excluding all holidays and unscheduled closures.
4-3 Time limits indicated at each level F. Any grievance not presented for disposition through the grievance process within ten (10) working days of the occurrence of the conditions giving rise to the grievance, or within ten (10) working days of the date it is reasonable to assume that the Association or faculty member or librarian first became aware of the conditions giving rise to the grievance, shall not hereafter be considered a grievance procedure set forth in under this Article shall Agreement.
G. The grievance can be construed as maximum and an attempt shall be made moved directly to expedite Step Two if it is shown that the processgrievance would affect the majority of the Association’s membership. The time limits set forth appropriate Vice President and the Association must mutually agree that the grievance can be moved to Step Two. If there is not mutual agreement it must start at Step One.
H. The Association may file a grievance on behalf of a provisional faculty member or librarian. The termination of services or failure to reemploy any provisional faculty member or librarian shall not be the basis for any grievance. A faculty member or librarian and/or the Association having a grievance shall discuss the matter, informally, with the immediate supervisor, with the faculty member’s or librarian’s Association representative present. If the grievance is not resolved orally, it may be moved to Step Two. The Association may then submit the grievance, in this Article shall be waived at the end writing, within ten (10) working days of the aggrieved Employee's regular assignment Step One meeting or when decision whichever is later, to the aggrieved Employee is on an approved leaveappropriate Vice President for, unless stating the Employeeremedy or correction requested, in plus the event facts upon which the grievance was filed by the Employee, the Association, is based and the District mutually agree alleged contract violation. Alleged contract violations should be identified by Article, Section and Paragraph. The faculty member or librarian may and the Association shall sign the grievance. The Association and the faculty member or librarian, if the faculty member or librarian so chooses, shall then, within ten (10) working days thereafter, meet with the appropriate Vice President and any other necessary individuals to observe discuss the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or grievance. The Vice President will respond in writing by either party. Verbal extensions shall be confirmed in writing by with the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions results of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
meeting within ten (b10) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded working days to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedGrievant.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as 16.01 Should any dispute which arises regarding an difference arise concerning the interpretation, application, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Collective Agreement, individually or through the Association, or by parties to this Collective Agreement shall settle the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevadaas hereinafter provided.
4-2 The provisions of this Article are for the purpose of setting forth the full 16.02 It is agreed that no employee has a grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with hisuntil he/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with she has given his/her immediate supervisor or Appropriate Administrator concerning five working days in which to adjust any complaint which has arisen. An employee may have a GCIU representative present if he/she desires. If within that time no agreement has been reached the subject matter may be submitted to the Grievance Committee in accordance with the provisions of a potential grievancethis section.
16.03 Any grievance must be presented to the Grievance Committee in writing, such informal discussions will be held no later than within thirty (30) Days from days of the last day event which gave rise to the grievance, setting forth the grounds for the complaint and the provision or provisions of the Collective Agreement which are alleged to have been violated, together with the remedy sought. It is agreed that the Employer may raise a grievance under this clause.
16.04 A Grievance Committee consisting of two (2) representatives of the Employer and two (2) representatives of the GCIU shall be designated. To this committee shall be referred by either party to this Collective Agreement, all questions which may arise as to the interpretation, application or alleged violation occurredof any clause of this Collective Agreement. Such Grievance Committee shall meet within five (5) days after any questions or differences have been referred to it in writing, and shall render a decision within ten (10) days and such decision shall be binding upon both parties.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect 16.05 If the Grievance Committee can not reach an agreement on the resolution question or difference referred to it, at the request of that grievance or any similar grievance filed in accordance with this Articleeither party hereto, within twenty-one (21) days the matter may be referred to arbitration. If the parties cannot agree on an arbitrator within fourteen (14) days after a referral to arbitration, either party may apply to the Director of The Collective Agreement Arbitration Bureau to constitute an arbitration board under the provisions of Section 86 of the Labour Relations Code. The decision of the Arbitrator shall be binding on both parties. The cost of the Arbitrator shall be borne equally by the parties. Either party may request an arbitration board and the other party shall comply.
16.06 If no written request for arbitration is received within twenty-one (d21) If a grievance days after the decision of the Grievance committee is resolved as a result of an informal discussiongiven, the Immediate Supervisor or Appropriate Administrator grievance shall be deemed to have been settled.
16.07 Time limits set out in this section may reduce that resolution to writing prior be extended by mutual agreement.
16.08 Policy grievances and discharge grievances shall proceed immediately to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedGrievance Committee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which arises regarding an interpretation, application, controversy between the Employer and the Union with respect to interpretation or alleged violation application of any of the provisions terms of this Agreementagreement or compliance with any of the terms of this agreement. A All grievances as defined above shall be settled in the following manner:
Step 1: The aggrieved party and ▇▇▇▇▇▇▇ shall first discuss the grievance with the Chief with the objective of resolving the matter informally.
Step 2: If the matter is not resolved at Step 1, it may be filed submitted as a grievance, in writing, on the executed form to be provided by an Employee the Union and presented to the Chief within five (5) calendar days after the reason for the grievance has occurred. The grievance shall include the name(s) and position(s) of the School District covered by this Agreement, individually or through aggrieved party; the Association, or by current date and the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level details of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite relief requested, including the process. The time limits set forth in this Article shall be waived at the end specific clauses or provisions of the aggrieved Employee's regular assignment or when agreement alleged to be violated. A meeting between the aggrieved Employee is on an approved leave, unless designated Employer representative and a Union Business Representative will be held within seven (7) calendar days after receipt of the Employee, in the event the grievance was filed by the Employeewritten grievance. Within seven (7) calendar days after such meeting, the Association, and Employer will provide the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee Union with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior written response to filing a formal its grievance.
Step 3: If, at this point, the grievance has not been satisfactorily settled, either party hereto shall have the right to submit such grievance to arbitration providing such written submission is made within ten (b10) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning calendar days after receipt of the subject matter of a potential grievance, such informal discussions will Step 2 written response. The Employer and the Union agree that the arbitrator shall be held no later than thirty (30) Days from selected by the last day process established by the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place Public Employment Relations Board. The arbitrator shall have no bearing power or precedential effect on authority to add to, detract from or modify, explicit or implied, any express terms of this agreement, and his authority shall be limited to deciding only whether a specific provision of this agreement has been violated. Only one (1) grievance shall be submitted to or be heard by an individual arbitrator except by mutual written agreement of the resolution parties. The decision of that grievance or the arbitrator shall be final and binding upon the parties hereto. In any similar grievance filed in accordance event, should either party fail to comply with this Article.
(d) If a grievance is resolved as a result of an informal discussionthe arbitrator’s award, the Immediate Supervisor or Appropriate Administrator parties agree that either party may reduce petition a court of competent jurisdiction to confirm and enforce said award and that resolution to writing prior to judgment may be entered thereon unless the termination award is vacated by court order. The expense and fees of the time limits for filing a formal grievance. Any written resolution arbitrator and PERB shall be acknowledged shared equally by both parties and forwarded to the Association Employer and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is shall be defined as any a dispute which arises regarding arising under this Agreement between an interpretation, application, aggrieved employee (hereinafter “Grievant”) or alleged violation of any the Association and the Employer with respect to the interpretation or application of the provisions of this Agreement. A grievance may All grievances shall be adjusted by and between the parties in the manner herein provided, with the exception that arbitration shall only be available for grievances filed by an Employee during the life of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article specified herein are mandatory unless extended by a written and signed Agreement between the Employer and the Association. If the Grievant or the Association does not file a grievance within the specified time limits, the grievance is forfeited. If the Grievant or the Association fails to process the grievance at any step within the specified time limits, the grievance shall be waived at deemed to have been withdrawn and may not be refiled. If the end Employer’s representative fails to answer a grievance within the specified time limits, the grievance shall be deemed denied and automatically advanced to the next step of the aggrieved Employee's regular assignment Grievance Procedure, except to Step Three, Arbitration, as noted below. The Grievant and, as hereinafter provided, an Association Representative will be released from their jobs without loss of pay or when benefits to participate in meetings conducted with the aggrieved Employee is on an approved leave, unless the Employee, in the event the Employer’s representatives. Any resolution or forfeiture of a grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by final and binding upon the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievanceGrievant, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designeeEmployer, Employee-Management Relationsand shall not be subject to further review. The absence resolution of such a written resolution grievance shall serve as notice that not add to, subtract from or modify the formal terms of this Agreement. Any grievance procedure may based upon the suspension or discharge of an employee shall be initiatedfiled with the Assistant Superintendent for Human Resources and Employee Relations (or other designated representative of the Employer) at Step Two within ten (10) workdays following the beginning of the suspension or discharge. For purposes of this Article, a workday is a day other than Saturday, Sunday or a holiday recognized by this Agreement.
Appears in 1 contract
Sources: Master Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 6.01 It is agreed that it is the spirit and intent of this Agreement to adjust grievances promptly. Either Party to this Agreement may lodge a grievance is defined as any dispute which arises regarding an relating to the interpretation, application, application or alleged violation administration of any this
6.02 Any dispute or grievance affecting or arising out of the provisions interpretation or administration of this Agreement. A grievance may Collective Agreement shall be filed adjusted, if possible, by an Employee negotiations between appointed Representatives of the School District covered by this AgreementEmployer and
6.03 The Union having a grievance shall, individually in the first instance, present the grievance orally or through in writing to the Association, Employer or the Employer’s Representative in an attempt to settle the matter in dispute amicably. An answer shall be given by the Association. A grievance will not include any matter Employer or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4Employer’s Representative within twenty-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level four (24) hours of the grievance procedure set forth being presented, or the next working day or such longer time as may be mutually agreed upon by the Parties.
6.04 Where a settlement is not reached as provided for in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end 6.03, then either of the aggrieved Employee's regular assignment Parties may notify the other Party in writing of its desire to submit the difference or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Associationallegation to Arbitration, and the District mutually agree to observe notice shall contain the timelines specified in Article 4.
4-4 Extensions name of the time limits may nominee of the Party wishing to bring the matter to Arbitration. Such written notice shall also state clearly the matter or matters in dispute to be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing dealt with by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood Arbitration Board and agreed that all aspects of such informal discussionswhat relief, if any, which take place is claimed by the Party requesting the Arbitration. The Party receiving such notice shall have no bearing or precedential effect on within five (5) days, advise the resolution other Party of that grievance or any similar grievance filed in accordance with this Articlethe name of its nominees to the Arbitration Board.
6.05 The two nominees so selected shall within five (d5) working days of the appointment of the second of them, appoint a third Party who shall act as Chairman of the Arbitration Board.
6.06 If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree on a grievance is resolved as a result of an informal discussionChairman within the time limit set out herein, the Immediate Supervisor appointment shall be made by the Minister of Labour for Ontario, upon request of either Party.
6.07 The Arbitration Board shall hear and determine the difference or Appropriate Administrator may reduce that resolution to writing prior to differences between the termination Parties and shall issue a decision in writing, which decision shall be final and binding
6.08 The fees and expenses of the time limits for filing a formal grievanceChairman shall be borne one-half (1/2) by the Union and one-half (1/2) by the Employer. Any written resolution other costs or expenses in connection with such arbitration shall be acknowledged borne by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedParty which incurs them.
Appears in 1 contract
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any Any dispute which arises regarding an concerning the interpretation, applicationcon- struction or application of this Agreement, including disputes concerning whether the discharge, termination or alleged violation discipline of any employee was for just cause, shall be considered a grievance. The Employer and the Union first shall attempt to informally resolve any such grievance by a Joint Committee, if requested by either party. The Joint Committee shall consist of two Union representa- tives and two Employer representatives. Failing amicable adjustment, either party may submit the grievance to the New Jersey State Board of Mediation for final and binding arbitration. Only the Union and the Employer shall have bility of a matter shall be resolved by the arbitrator. Except as provided for in Article 42, the Employer and Union shall bear their own cost and expenses of the arbitration, and the Arbitrator’s fees and costs shall be borne equally by the Employer and Union. It is hereby agreed and understood that until final decision has been rendered as above provided there shall be no lockouts of any sort by the Employer nor shall there be any strike or stoppage of work of any sort by the Union or their members, except for reasons spe- cifically set forth in other provisions of this Agreement. A grievance , and all grievances or complaints of any sort that may be filed by an Employee arise from either party over the interpretation or appli- cation of the School District covered by terms of this Agreement are to be submit- ▇▇▇ as hereinabove set forth. It is agreed that if the Employer fails to pay wages as agreed upon herein, or fails to comply with the pro- visions of Article 5 or 14 of this Agreement, individually or through the Associationfails to pay holiday time, or by to submit reports and proper con- tributions to the Association. A grievance will not include any matter or action taken by Welfare, Pension, the school trusteesSafety, Education, and Training, Annuity Fund, Vacation, L.E.C.E.T., N.J.S.L.H. & S.T.F., or Industry Advancement Funds, as required herein or fails to require employees to maintain Union security, as provided herein, or fails or refuses to allow an inspection of payroll, employment and related records of employees as permitted by Arti- cles 33 and 34 of the Agreement, then any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions such failure shall be deemed an “open breach” of this Article are for Agreement, not requiring arbitration and the purpose of setting forth Union shall have the full grievance procedure including right to picket or to call a strike or work stoppage until the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process“breach” is corrected. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in In the event the grievance was filed Union conducts a work stoppage for any of the reasons permitted by the EmployeeArticle, the Association, Employer shall reimburse employees for all wages and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved fringe benefits lost as a result of an informal discussionthe workstoppage for the first day of the stoppage. In the event the stoppage continues beyond one day, the Immediate Supervisor or Appropriate Administrator may reduce that resolution Employer’s liability shall be limited to writing prior one day’s pay. In the event the em- ployees return to work, but the termination Employer nevertheless fails to cure the violation, the Employer shall again be liable for the wages and benefits lost on the first day of the time limits for filing a formal grievancestoppage and of each successive stoppage. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.WAGE & FRINGE BENEFIT RATES
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined SECTION 1. Any disputes, misunderstandings, differences or grievances arising between the parties as any dispute which arises regarding an interpretationto the meaning, application, or alleged violation of any interpretation and application of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article Agreement shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, processed in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussionfollowing manner:
(a) Both parties encourage Employees covered by this Agreement An employee must first present the grievance to resolve their problems with their immediate supervisor the Employer and Union ▇▇▇▇▇▇▇, within five (5) working days from the date of occurrence, or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude the date the employee first becomes knowledgeable that an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievanceinfraction has occurred.
(b) If an Employee requests an informal discussion with his/her immediate supervisor the grievance is not settled, the Union will then present the grievance in writing to the Employer within five (5) working days thereafter. The written grievance must specify the Article and Section of this Agreement alleged to have been violated; must be signed by the aggrieved employee or Appropriate Administrator concerning employees or Union, and must specify the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurredrelief sought.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have If no bearing or precedential effect agreement can be reached on the resolution grievance within ten (10) working days from the date it was first presented in writing to the Employer, either the Employer or the Union may request in writing that the matter be submitted to the Board of that grievance or any similar grievance filed in accordance with Adjustment within three (3) working days thereafter. The Board of Adjustment shall be comprised of two (2) representatives of the Union to be selected by the Union and two (2) representatives of the Employer to be selected by the Employer. Each party shall appoint its representatives to the Board within three (3) working days from receipt of the appeal to the Board. The Board shall take up within five (5) working days and render its decision within five (5) working days. The decision of the majority of the board shall be final and binding upon the parties to this ArticleAgreement.
(d) If In the event the Adjustment Board fails to make a grievance is resolved as a result of an informal discussiondecision within five (5) working days after hearing the grievance, the Immediate Supervisor or Appropriate Administrator Board will no longer have jurisdiction, and the Union may reduce that resolution make written demand for arbitration within seven (7) working days thereafter.
(e) Within three (3) working days after a written demand for arbitration, a representative of each party shall meet by mutual agreement and select an arbitrator. If they fail to writing prior agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons qualified to act as such arbitrator. Upon receipt of said list, the termination representatives will select one of the time limits for filing a formal grievanceseven (7) persons satisfactory to both. Any written resolution Failing to agree, they shall alternately strike one (1) name from the list until only one (1) name remains. A flip of the coin shall determine the party of first strike.
(f) The Arbitrator shall hear the grievance at his earliest convenience and his decision shall be acknowledged final and binding.
(g) The Arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the written grievance, and if so, what the remedy shall be. The decision of the Arbitrator shall be based solely upon the evidence and arguments presented to him by both the respective parties in the presence of the other. The fees and forwarded expenses of the Arbitrator and other mutually agreed to costs of the Association arbitration proceeding shall be borne equally by the Employer and the superintendent’s designee, Employee-Management RelationsUnion. The absence of such a written resolution Each party shall serve as notice that the formal grievance procedure may be initiatedpay any expenses incurred by it in presenting and preparing its case.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 Section 1: A grievance is defined as any dispute which arises regarding an interpretation, application, or alleged violation Grievance Committee shall consist of any three (3) members of the provisions of this Agreement. A grievance may be filed plant committee elected by an Employee of the School District Union members employed in the operation covered by this Agreement. Members of this Grievance Committee shall have completed their probationary period with the Company and shall have at least one (1) year’s experience in the type of operation. Meetings of the Grievance Committee shall, individually except in cases of emergency, and wherever possible, be held outside of working hours. In the event that a grievance should arise it shall be dealt with in the following manner, without stoppage of work:
Step 1 The individual employee involved with or through without the Association, Job ▇▇▇▇▇▇▇ shall first take up the matter with the ▇▇▇▇▇▇▇ directly in charge of the work within fourteen (14) days from the occurrence of the event or by events giving rise to the Association. A grievance will not include any matter or action taken by from the school trustees, time when the employee has knowledge or any may be reasonably presumed to have knowledge of its agents, for which relief is granted by the Statutes of Nevadasuch event or events.
4-Step 2 The provisions of this Article are for If a satisfactory settlement is not then reached, it shall be reduced to writing by both parties when the purpose of setting forth same employee and the full grievance procedure including Committee shall take up the time limits relating to these procedures which may culminate in arbitrationGrievance with the Plant Superintendent.
4-Step 3 Time limits indicated If the grievance is not then satisfactorily solved, it shall be referred to the Plant Committee, Local Officer and the Management.
Step 4 If a satisfactory settlement is not then reached the issue may, at each level the request of either party, be referred to PPWC Local 9 Executive and Senior ▇▇▇▇▇▇▇▇▇ Management or CONIFER personnel.
a) If a grievance has not advanced to the next stage under Step 2, and 3, within fourteen (14) days after completion of the preceding stage, then the grievance shall be deemed to be abandoned, and all rights of recourse to the grievance procedure set forth in this Article shall be construed as maximum at an end. If the grievance has not been resolved at Step 4 and an attempt not referred to arbitration within 30 days, the grievance shall be made deemed to expedite be abandoned and all rights of recourse to the processgrievance procedure shall be at an end. The time limits set forth referred to in this Article shall Steps 2, 3, and 4 may be waived at extended by mutual consent of both parties.
b) The Parties agree that the end operation of Section 87 of the aggrieved Employee's regular assignment or when the aggrieved Employee Labour Relations Code is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4specifically excluded from this Agreement.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any dispute which Where a difference arises regarding an interpretation, applicationbetween the parties here- to, or alleged violation of between any of the parties hereto and any person upon whom this Agreement is binding, relative to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitral, or where an alle- gation is made that this Agreement has been violated, the mat- ter shall be adjusted under the following provisions. No adjustment of a complaint or settlement of a grievance shall be made that is inconsistent with the terms and provisions of this Agreement. No Employer, Employee, Association or Union shall make any private arrangements that may conflict with the terms and provisions of this Agreement. A time limit of sixty (60) calendar days from the actual knowledge of the grievance by the Business Representative shall apply to the filing of a grievance with respect to wage claims, contributions for welfare, pension or supplementary unemployment benefit plans, vacation and statutory holiday pay, deductions for union dues check- off or union dues supplement, contributions or deductions, whichever the case may be, for Union and Employer admin- istration funds, and for apprenticeship and training plans or funds. All time limits mentioned in the Grievance Procedure may be filed extended by an Employee of the School District covered by this Agreementmutual agreement in writ- ing. In determining time limits, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including other that the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level for the filing of the grievance procedure set forth in this Article grievances, Saturday, Sunday, and Statutory Holidays shall be construed as maximum and an attempt shall be made to expedite excluded. Where no answer is given with- in the process. The time limits set forth in this Article shall be waived at the end of limits, the aggrieved Employee's regular assignment or when party may proceed to the aggrieved Employee is on an approved leave, unless the Employee, next step in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either partyprocedure. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects an employee has no grievance until an opportunity has been given to adjust a complaint. The employee may discuss the matter, with or without the ▇▇▇▇▇▇▇ or Business Representative, with his ▇▇▇▇▇▇▇ or other supervisory personnel. Failing settlement of such informal discussionsa complaint with two (2) days, if anya grievance may proceed. in the aggrieved party within ninety (90) calendar days of the circumstances giving rise to its occurrence. All grievances shall set down the nature of the grievance, which take place the article or articles of this agreement alleged to have been violated and the nature of the remedy sought, and shall have no bearing or precedential effect on not be subject to change except by mutual agree- ment in writing. The grievance shall be discussed between the resolution ▇▇▇▇▇▇▇ and Business Representative and the official of that the employer named by the employer to handle grievance or any similar grievance filed in accordance with this Article.
(d) at the Step. If a grievance satisfactory settlement is resolved as a result of an informal discussionnot reached within two (2) days from the date it is filed, the Immediate Supervisor or Appropriate Administrator grievance may reduce that resolution to writing prior to be processed at at any time within five (5) days thereafter. The grievance shall be filed with the termination Business Representative and with a representative of the applicable local or trade employers' association. If a satisfactory set- tlement is not reached within five (5) days of the date it is filed, the grievance may be processed to final and binding determination under section of the Ontario Labour Relations Act, at any time limits for filing within thirty-five (35) days there- after. Monetary settlements of a formal grievance. Any written resolution grievance involving shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.Local Union for dis- tribution to the
Appears in 1 contract
Sources: Provincial Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance 11.1 Parties to this Agreement believe that it is defined important to adjust complaints and grievances as quickly as possible. Notwithstanding any dispute which arises regarding an interpretationprovision contained in this Article, application, or alleged violation of any of Nurse and/or the provisions of this AgreementAssociation may present a complaint at any time without recourse to the formal written procedure described herein. A Nurse shall have the right, at any time during a meeting with management or during the grievance may be filed procedure, to have the assistance of an Association Representative.
11.2 In the event of a complaint by an Employee of the School District a Nurse covered by this AgreementAgreement that she has been discriminated against or discharged or disciplined without just cause or has been otherwise dealt with unjustly, individually she may file a grievance against the Employer. All grievances shall be in writing and shall contain a statement of the facts giving rise to the grievance and shall be filed in accordance with the procedure outlined in this Article. The following shall be the procedure in processing and handling grievances. The Nurse and/or a Union representative shall take the matter up with the Program Coordinator who shall give their decision in writing within three (3) working days of receipt of the grievance. If the grievance is not settled at Step # 1, the Nurse and/or a representative of the chartered local of the Association may, within five (5) working days of the date of receiving the answer of the appropriate Program Coordinator (or through if no answer is received under Step # 1 then within three (3) working days after such answer ought to have been received) refer the grievance to the General Manager, Health and Social Services, who shall convene a meeting between the Parties at a mutually agreeable time and render a decision in writing within five (5) working days of the meeting as set out herein. If the grievance is not settled at Step # 2, then the Grievance Committee may, within five (5) working days of the date of receiving the answer of the General Manager, Health and Social Services (or if no answer is received under Step # 2, then within five (5) days after such answer ought to have been received) refer the grievance to the County Manager who shall meet with the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request Committee within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possibleweeks of the referral. The provisions of this Article are not intended to preclude an Employee with County Manager shall render a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
decision in writing within three (b3) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects working days of such informal discussions, if any, which take place shall have no bearing or precedential effect on meeting. If the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussionnot settled at Step # 3, the Immediate Supervisor or Appropriate Administrator Association may reduce that resolution refer the grievance to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedArbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as any Section 1. In the event a dispute which arises regarding an interpretationoccurs due to a misunderstanding, application, or alleged misinterpretation and/or violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, Agreement or any section thereof, (excluding Article XII Violation of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and Payments) an attempt shall ▇▇▇▇▇▇▇ effort will be made to expedite settle such dispute between the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the AssociationContractor, and the District mutually agree Union. If the dispute cannot be resolved between the Employer and the Union, then the Labor Relations Director of the AGC of MICHIGAN, shall be notified of such difference of opinion or dispute. If the dispute cannot be resolved in seven (7) working days by this method, either party can then refer the matter to observe the timelines specified in Article 4Joint Grievance Committee as outlined hereafter.
Section 2. The Joint Grievance Committee shall be composed of four (4) members; two (2) from the AGC-4 Extensions LRD and two (2) from the Union. Following appointment said Grievance Committee shall meet, elect a Chairperson and a Secretary, (one (1) union, one (1) management), adopt rules of procedure which will bind the parties concerned, and proceed to consider any matters properly before it. The Joint Grievance Committee shall have the powers only to adjust disputes that may arise due to a misunderstanding, misinterpretation and/or violation of the time limits may be requested verbally Agreement or in writing by either partyany section thereof. Verbal extensions No Committee member shall be confirmed directly involved in writing the dispute to be resolved by said Committee.
Section 3. All complaints based on a misunderstanding, misinterpretation and/or violation of this Agreement or any section thereof shall be referred to the party making Joint Grievance Committee in writing, and said Committee shall meet within five (5) working days of receipt of said complaint to consider the request same. If the Committee, within five (5) working days after such meeting, is unable to decide the matter before it, the members of the Committee shall choose a fifth (5th) member. Should the Committee be unable to agree on the fifth (5th) member within two (2) Daysworking days, the Director of the Federal Mediation and Conciliation Service shall be requested to supply a list of five (5) arbitrators from which the Union and the Association shall alternately strike two (2) each with the remaining one (1) to become the fifth (5th) member. The decision of said Committee shall be determined by a majority of its members and shall be rendered within ten (10) working days after such a submission. Said decision shall be final and binding upon the parties. Any expense involved in the operation of the Committee shall be borne equally by the parties involved in the dispute.
Section 4-5 STEP ONE: Informal Discussion:. No proceedings hereunder based on any dispute, complaint or grievance herein provided for shall be recognized, unless called to the attention of the Employer and the Union in writing within twelve (12) calendar days after alleged violation was committed.
(a) Both parties encourage Employees covered Section 5. Pending final decision on any matter by this Agreement to resolve their problems with their immediate supervisor the Joint Grievance Committee, no action will be taken by either party that will halt or Appropriate Administrator whenever possibleinterrupt the orderly conduct of the Employer’s business.
Section 6. The It is mutually agreed that the provisions of this Article are shall not intended apply if the dispute arises over failure or refusal of the Contractor to preclude an Employee with pay the wage rates, overtime, Health Care, Pension, Industry Advancement Fund, Joint Apprenticeship Training Fund Program, and Vacation, provided, however, that any dispute involving a potential grievance from informally discussing particular Employee’s proper wage classification or eligibility to receive overtime pay shall be subject to the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter provisions of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator Section 7. The time frame previously referenced may reduce that resolution to writing prior to the termination be waived in each instance by mutual consent of the time limits for filing a formal grievanceparties. Any written resolution shall be acknowledged by both parties and forwarded to Disputes resolved at any step of the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedis final and binding upon the parties.
Appears in 1 contract
Sources: Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 1. A grievance is defined as within the meaning of this Agreement shall be any dispute which arises regarding an interpretation, application, between the parties involving interpretation or alleged violation application of any of the provisions of this Agreement.
2. A An aggrieved employee shall present his/her grievance may within five (5) working days of its occurrence or such grievance shall be filed by an Employee deemed waived.
3. In the event of such grievance, the School District covered by this Agreement, individually or through steps hereafter set forth shall be followed:
STEP 1. The employee and the Association▇▇▇▇▇▇▇, or by the Associationemployee individually, but in the presence of a ▇▇▇▇▇▇▇, shall take up the complaint with the immediate supervisor. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in In the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request complaint is not satisfactorily settled within two (2) Daysworking days, the employee or the ▇▇▇▇▇▇▇ shall forward the grievance to the next step in the procedure within two (2) working days.
STEP 2. The ▇▇▇▇▇▇▇ will discuss the grievance with the head of the department involved. In the event the grievance is not satisfactorily adjusted within two (2) working days, the grievance will be heard at the next step.
STEP 3. The IBEW representative and the Borough’s Labor Relations representative, or any such designated person, shall meet to discuss the grievance within three (3) working days at the completion of the previous step. In the event of failure to reach a satisfactory adjustment of the grievance within five (5) working days, the grievance may be taken to arbitration by either party upon notice to the other party.
STEP 4-5 . If, in any of the foregoing steps, either party fails to carry out the procedures involved in these steps, the other party may take the dispute to arbitration. STEP ONE5. ARBITRATION: Informal Discussion:
(a) Both Either party may apply directly to the New Jersey State Board of Mediation for the appointment of an arbitrator. The expense of arbitration shall be borne equally by the parties. The award of the Arbitrator shall be final and binding on the Employer, the IBEW and the Employee or Employees involved, and the parties encourage Employees covered by agree to promptly comply therewith. The impartial Arbitrator shall only have the authority and power to interpret and apply the provisions of this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possiblethe grievance presented and his/her decision shall apply only to the issue arising out of the facts of such grievance. The Arbitrator may not alter or add to the provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with Agreement by his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievancedecision.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A 19.01 It is understood that the Union may not file a grievance unless the difference / concern / complaint has been discussed with his / her supervisor. If, after such discussion, the matter is defined not resolved then a grievance may be filed as any dispute which arises regarding an follows: Grievances brought forward by either the Union or the Company, in relation to the interpretation, application, administration or an alleged violation of this Agreement that is not specifically excluded from the grievance procedure, shall be adjusted as follows: It is mutually agreed that it is the intent of the parties to resolve expeditiously grievances arising from the application of this Agreement.
Step 1 The grievance shall be reduced to writing indicating the section(s) of the Agreement which have been allegedly violated and shall be submitted to the Department Manager or his/her designate within twenty-one (21) calendar days of the circumstances giving rise to the grievance. The parties shall meet to discuss the matter within seven (7) calendar days of receipt of the grievance and if the matter is not resolved, then it may proceed to Step 2.
Step 2 Any grievance that is not resolved at Step 1 may be presented to the VP of Manufacturing and the Director of Human Resources at a meeting within fourteen (14) calendar days of the meeting at Step 1. The Company will provide a written response within fourteen (14) calendar days of the meeting at Step 2. If the matter is not resolved at the meeting at Step 2, then the grievance may be submitted to arbitration. Either party may refer the matter to arbitration within twenty-one (21) calendar days of receipt of the Company’s response or the date the response should have been provided.
Step 3 Arbitration
(1) to hear the grievance. Prior to selecting a mutually acceptable arbitrator, the Union and the Company may meet in a further attempt to resolve the grievance.
19.02 It is mutually agreed that the discussion of grievances shall be deferred until the end of the day’s work unless permission is granted to meet during working hours.
19.03 By mutual agreement of the parties, extensions to the time limits referred to in the grievance procedure may be granted.
19.04 No arbitrator shall have the power to alter or change any of the provisions of this the Agreement. A grievance may be filed by an Employee , or to substitute any new provision for any existing provision, or to provide a decision that is inconsistent with any term of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 19.05 The provisions parties shall bear equally the expenses of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitrationArbitrator.
4-3 Time limits indicated at each level 19.06 Grievances with respect to suspensions or terminations as well, as group, policy and Company grievances, shall proceed directly to Step 2 of the grievance procedure set forth Grievance Procedure.
19.07 The parties may, by mutual agreement in this Article shall be construed as maximum and an attempt shall be made writing, agree to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, following process to resolve any grievances and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussionfollowing process will apply:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests Hearings will be short and conducted in an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions manner. Decisions will be held no later than issued within thirty (30) Days from calendar days of the last day conclusion of the alleged violation occurredhearing.
b) The parties will agree on an Arbitrator from a list of the three (3) provided to each other. The parties shall bear equally the expense of the Arbitrator.
c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on The parties will not be represented by lawyers at the resolution of that grievance or any similar grievance filed in accordance with this Articlehearing.
(d) If There will be full disclosure by the parties of evidence, precedents and documents in advance of the hearing.
e) The parties will minimize the use of witnesses at the hearing.
f) The parties will use concise arguments at the hearing.
g) The Arbitrator will have the power to accept any evidence that they rule is reliable and relevant.
h) The Arbitrator will have the power to mediate between the parties at any stage of the process, by encouraging a grievance is resolved as settlement or suggesting possible outcomes.
i) Any decision of the Arbitrator will be made without prejudice and will not be a result precedent for future proceedings unless the parties agree otherwise.
j) Decisions will be final and binding.
19.08 All agreements reached under the Grievance Procedure between the representatives of an informal discussionthe Employer and the representatives of the Union will be final and binding upon the Employer, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association Union and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that employee(s) involved.
19.09 At any meeting in the formal grievance procedure may process, the grievor(s) is/are entitled to be initiatedrepresented by a Union representative.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined as
A. Should any dispute which arises regarding an interpretationquestion or grievance, application, or alleged violation of any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level the application of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor wages, working conditions, or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will dismissal arise between the parties hereto that cannot be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is amicably resolved as a result of an informal discussiona [STEP ONE] conference between the General Manager, or designee thereof, and a Union Representative, duly authorized to engage in such a conference and resolve such question or grievance, the Immediate Supervisor aggrieved party may file a grievance [STEP TWO] with the Department Manager of such aggrieved party, in writing, within five (5) bargaining unit employee work days from the incident giving rise to such question or Appropriate Administrator may reduce that resolution grievance. Within ten (10) business days from the filing of such grievance, a hearing, with no less than 24 hour notice, shall be held by such Department Manager which the aggrieved party, the Union Representative, duly authorized to writing prior attend such hearing on behalf of the Union, and another member of GLPTC management or staff shall be invited to attend. The Department Manager will render a written decision within five (5) business days from the conclusion of the hearing, a copy of which will be furnished to the termination President/Business Agent of the time limits for filing Union.
B. In the event that the aggrieved party and the Union feel that such decision is improper, the Union may [STEP THREE] appeal to the General Manager in writing within five (5) business days from the rendition of the written decision of the Department Manager. Within ten (10) business days from such appeal, a formal grievancehearing will be held, with no less than 24 hour notice, between the Union Representative, duly authorized to attend such hearing on behalf of the Union, and the General Manager, or designee thereof. Any The General Manager will render a written resolution decision within seven (7) business days from the conclusion of such hearing. If the Union is not satisfied with the decision of the General Manager, the Union may [STEP FOUR] submit the matter to arbitration by use of the process contained herein. If the Union desires to submit the matter to arbitration, it shall give written notice to GLPTC of such intention within forty-five (45) calendar days after receipt of the General Manager’s decision.
C. In the event that the Union elects to proceed to arbitration, a board of arbitrators to hear the specific case in dispute shall be acknowledged by both parties selected and forwarded to the Association such board shall proceed as follows:
1. GLPTC shall choose one (1) arbitrator and the superintendent’s designeeUnion shall choose one
(1) arbitrator, Employee-Management Relationsboth such selections to be made within ten (10) business days from receipt by GLPTC of the written notice of arbitration.
2. The absence of such a written resolution Said two (2) arbitrators shall serve as notice that meet and attempt to resolve the formal grievance procedure may be initiatedissue in dispute.
3. If said two (2) arbitrators cannot resolve the issue in dispute within thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 Section 1. A grievance is defined as any dispute which arises regarding an interpretation, application, between the Employer and any Employee covered by this Agreement or alleged violation the Union and the Employer concerning the application or interpretation of any of the provisions term or condition of this Agreement.
Section 2. A Any grievance or dispute concerning the interpretation or application of this Agreement may be filed by an Employee submitted as a grievance, provided such grievance is submitted in writing to the other party within thirty (30) days of the School District covered by this Agreement, individually occurrence or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end discovery of the aggrieved Employee's regular assignment occurrence.
Section 3. When a grievance is submitted to the other party, the following procedure shall be followed:
a. The Employer or when his representative shall meet with a representative of the aggrieved Employee is on Union and to resolve the dispute. If such representatives are unable to settle the dispute, then, upon request of either party;
b. The grievance shall be referred to an approved leave, unless the Employee, in impartial arbitrator for a final and binding decision. In the event the grievance was filed by parties cannot agree upon the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions selection of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request an arbitrator within two (2) Daysdays, the arbitrator shall be selected from a list of five (5) names provided by the Federal Mediation and Conciliation Service.
4-5 STEP ONE: Informal Discussion:
(a) Both c. The arbitrator shall render his decision in writing to both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than within thirty (30) Days from days of the last day the alleged violation occurredhearing.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place d. The arbitrator shall have no bearing power to add to, subtract from, or precedential effect modify any terms of this Agreement or any Agreements made supplementary hereto, but shall only have the authority to interpret the provisions of this Agreement and to determine compliance with this Agreement.
Section 4. All expenses of the arbitration, including the fees of the arbitrator shall be paid by both parties. Should either party request a copy of the transcript of the hearing, the requesting party shall incur the cost of the transcript.
Section 5. The arbitrator shall have no authority to modify, amend, revise, add to, or subtract from any of the terms or conditions of this Agreement.
Section 6. Nothing contained in this Article on grievance and arbitration shall preclude an employee from filing claim for wages or fringe benefits. Provided that when the employee obtains a final determination on the resolution merits of that the claim, the employee or the Union may not file a grievance or any similar grievance filed in accordance with this Articleon behalf of the employee for the same claim.
(d) If Section 7. In the event of a grievance is resolved as failure by an Employer to comply with any award or decision of the impartial arbitrator, then the Union may resort to economic and/or legal action, including withholding of service, a result strike, picketing and boycotting concerning such claim for wages or fringe benefits. Such rights shall exist in any case where the Union claims that there has been a violation of an informal discussionAgreement by the Employer regarding the failure to pay wages, fringe benefits, or to comply with a decision and award of the impartial arbitrator. In such case, the Immediate Supervisor Union, will give the Employer two (2) business days’ notice of its intention to take an economic action.
Section 8. In the event the Union takes economic action concerning the enforcement of the Agreement regarding the Employer's payment of wages or Appropriate Administrator may reduce that resolution fringe benefits, including contributions to writing prior any Trust Funds, or an award of the impartial arbitrator, then the Employer shall be liable to pay the wages and fringe benefits lost by each employee due to the termination strike called by the Union in order to enforce the Agreement up to a maximum of the time limits for filing a formal grievancetwo (2) weeks. Any written resolution The amount of wages and fringe benefits to be paid to such employees shall be acknowledged by both parties and forwarded equal to the Association amount of wages and fringe benefits the superintendent’s designeeemployees would have earned if they had not been called off the job up to a maximum of two (2) weeks, Employee-Management Relations. The absence of such a written resolution shall serve as notice that based on the formal grievance procedure may be initiatedEmployer's failure to comply with the arbitrator's award.
Appears in 1 contract
Sources: Master Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A In the event of any dispute between the Union or any of the persons subject to this Agreement and the Producer with regard to wages, hours or other conditions of employment under this Agreement, or with regard to the interpretation of this Agreement,* the procedure, unless otherwise specifically provided herein, shall be as follows: The aggrieved party shall discuss the matter with his immediate supervisor. In the event the matter is not resolved, then within five (5) days thereafter, the aggrieved party shall reduce the grievance to writing and mail or deliver same to the other party and concurrently furnish a copy of such notice to the designated representative of the Local Union. Such written notice shall contain the specific contract provisions and sections which are alleged to have been violated, a clear statement of the facts of the alleged violation, the name of the grievant and the remedy that is being requested. Upon receipt of such written notice, the receiving party will be required to respond within ten (10) working days. The Shop ▇▇▇▇▇▇▇ and the Department Head shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties and any employees concerned. If the grievance is defined as any dispute which arises regarding an interpretation, applicationnot settled in Step One within ten (10) days following the invocation of Step One, or if there is no Shop ▇▇▇▇▇▇▇, the * Any such disputes that give rise to an alleged violation of any Sections 8(a)(1) and/or 8(a)(3) of the provisions of National Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure under this AgreementArticle 7. A grievance aggrieved party may be filed proceed to Step Two by an Employee delivering or mailing, within ten (10) days thereafter, a written demand, which shall include a statement of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level particulars of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite claim, upon the processother party. The time limits set forth in this Article shall be waived at the end Failure of the aggrieved Employee's regular assignment or when party to so serve such demand shall constitute a waiver of the aggrieved Employee is on an approved leaveclaim. Upon receipt of such written notice, unless but no later than ten (10) days after receipt of such notice, the EmployeeBusiness Representative of the Local Union and the designated representative of the Producer shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, in if any, of these representatives shall be final and binding upon the parties and any employees concerned. In the event the grievance was filed by is not settled in Step Two, or if the EmployeeBusiness Representative of the Local Union and the designated representative of the Producer fail to meet in Step Two, the Associationaggrieved party may proceed to Step Three by delivering or mailing to the other party and Contract Services Administration Trust Fund (CSATF), and within ten (10) days following the District mutually agree to observe the timelines specified completion of Step Two or, if there is no meeting in Article 4.
4-4 Extensions Step Two, within ten (10) days after service of the time limits may be requested verbally or demand in writing by either party. Verbal extensions shall be confirmed in writing by the party making the Step Two, a written request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possiblefor Step Three proceedings. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will dispute shall thereupon be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that submitted for resolution to writing prior to the termination a panel comprised of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.three
Appears in 1 contract
Sources: Location Managers Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A A. The Union agrees that during the term of this Agreement, there shall be no strike by the Union or its employees. The Employer agrees that there shall be no lockout during the term of this Agreement.
B. When a grievance arises in a store, the employee (with or without the Union representative) may attempt first to settle the matter with his immediate supervisor. In the event that this is defined as unsuccessful, the representative of the Union shall be called so that the matter may be settled without loss of time to either party.
C. If the grievance cannot be resolved on a local level, a representative of the Employer and a representative of the Union shall, within a calendar week, attempt to reach a settlement of the controversy, dispute or disagreement.
D. In the case of wage discrepancies, the Employer agrees to submit to the Union upon request from the Union any dispute which arises regarding an interpretation, application, or alleged violation and all wage data concerning same.
E. Any claimed grievance of any kind to be acted upon or accepted as valid for any reason must be filed in writing with the Employer and the Union within fifteen (15) calendar days of each alleged act of violation.
F. Any controversy over the interpretation of or the adherence to the terms and provisions of this Agreement. A grievance may , including all claims for wages which cannot be filed settled by an Employee negotiation, shall be submitted to arbitration by either party notifying the other involved in writing of its desire to do so.
G. Board of Arbitration: The Board of Arbitration shall be composed on one (1) representative of the School District covered by this AgreementUnion, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.one
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level (1) representative of the grievance procedure set forth in this Article Employer, and a third (3rd) neutral party selected by agreement of the first two (2). The parties must select their representatives within five (5) calendar days of receiving written notice of desire to arbitrate. If these two (2) cannot agree upon the selection of the third (3rd) neutral party within seven (7) calendar days from the date of their selection, either party may call on the State Labor Con ciliator of the State of Minnesota to submit a list of five (5) arbitrators. The Union and the Employer representative shall alternately strike one (1) name from the list of five (5) until only one (1) name remains, who, then, shall be construed as maximum and an attempt shall be made to expedite appointed the processneutral member of the Board. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request for arbitration shall strike the first (1st) name. The Board of Arbitration shall meet promptly and shall hear all the evidence in the case or cases referred to it and render its majority decision thereon within two seven (27) Dayscalendar days of the date of the final submission of the case to it. Each party shall bear the expense of presenting and preparing its own case and the expense, including any if such there be, in connection with the neutral member, to be borne equally by the parties. There shall be no recourse to any other method of settlement unless a party fails to accept and comply with the award, in which case, the award may be enforced by further action of the party in whose favor such award has been given. The majority decision of this Board of Arbitration shall be final and binding upon all parties involved.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor H. STATUS QUO; During the period of adjustment or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievancearbitration, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed as provided in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to conditions in effect at the termination time of the time limits for filing a formal grievance. Any written resolution notification of the claimed grievance shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedcontinue in effect pending final decision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is defined 21.01 Should a dispute arise between the Employer and an employee or the Union as any dispute which arises an entity regarding an the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitrable, it is resolved in the following procedural manner. All discipline shall be conducted through the forms included in schedule B of this Agreement.
21.02 Step A - The employee or the Union, together with such person or persons as he or the Union may wish, shall take the matter up with the Employer within thirty (30) calendar days.
21.03 Step B - Should a solution not be reached by Step A, then a Member Representative of the Union, accompanied by the employee if the employee or Member Representative so wish, shall discuss the matter with the Employer. If a solution is reached, this shall be final.
21.04 Step C - If an agreement is not reached under the provisions of Step B above, upon mutual agreement between the Union and the Employer and at any time prior to the appointment of an Arbitration Board or other body, another party may be requested to confer with the Union and the Employer to assist in the settlement of any difference arising from an alleged violation of this Agreement. A grievance may be filed by an Employee Within ten (10) days of appointment, the selected party will make inquiries which it considers adequate and will submit in writing recommendations for settlement of the School District covered by difference which will not be binding upon either the Union or the Employer or detract from their privileges under this Agreement, individually or through the Association, or . All expenses incurred by the Association. A grievance appointed party will not include any matter or action taken be paid equally by the school trusteesUnion and the Employer. The parties may agree that the recommendation rendered at this Step will be binding on both parties. If a solution is reached, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4final.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-401 Section 1 – General Principles 402 A grievance as referred to in this Article is defined as any dispute which arises regarding an interpretationconcerning the application or interpretation of this Agreement. The Association, applicationas the exclusive bargaining representative of employees in the bargaining unit, has the sole and exclusive right to file, pursue, withdraw or resolve grievances at any step of the procedure. The parties agree that the grievance/arbitration procedure is the sole and exclusive remedy for any and all disputes or rights arising from or relating to this Agreement. 403 Except for discharge grievances, each grievance must be initiated at the first step of the grievance process, in writing, within thirty (30) calendar days after the Nurse had knowledge, or alleged violation should have had knowledge, of the event which caused the grievance, or the grievance shall be considered waived. Discharge grievances shall be immediately referred to Step II of this procedure within seven (7) calendar days from the date of the discharge. 404 The grievance procedure shall consist of the following steps: 405 Step I 406 A Nurse who believes a grievance exists will discuss such matter with the immediate supervisor, with or without an Association Representative present, as the Nurse may elect. In the event the dispute remains unresolved, a grievance may be submitted in writing within thirty (30) calendar days after the Nurse had knowledge, or should have had knowledge, of the event which caused the grievance. The written grievance shall state the facts, the specific violation(s) and the requested remedy. 407 After a grievance has been submitted to the immediate supervisor, the supervisor shall respond in writing to the Nurse and Association within fifteen (15) calendar days. 408 In the event the dispute remains unresolved, the Association shall then have seven (7) calendar days from the date of the Employer’s Step I written response to appeal the issue to Step II. 409 Step II 410 A grievance appealed to Step II shall be referred to Human Resources in writing and such notice shall identify the grievance. For discharge grievances, the notice shall be in writing and state the facts, the specific violation(s) and the requested remedy. A meeting shall be held between the aggrieved employee(s), Human Resources Representative, Association Representative(s) and the Supervisor, or his/her designee. If the matter cannot be resolved, the Employer’s representative shall have fifteen (15) calendar days from the date of the grievance meeting to respond in writing to the Association Representative. 411 In the event the dispute remains unresolved, the Association shall then have seven (7) calendar days from the date of the Employer’s written Step II response to appeal the issue to Step III. 412 Step III 413 A grievance appealed to Step III shall be served within the time limits set forth above to the Director of Labor Relations or his/her designee. Such notice shall identify the grievance and include a copy of the last grievance response if provided. A meeting between the Association Field Representative, Human Resource Representative, Manager/Supervisor, the Grievant and a Labor Relations Representative shall be held as soon as possible. If the matter cannot be resolved, the Employer’s representative shall have fifteen (15) calendar days from the date of the grievance meeting to respond to the Association representative. 414 In the event the dispute remains unresolved, the Association shall then have seven (7) calendar days from the date of the Employer’s written Step III response to appeal the grievance to arbitration. 415 Arbitration 416 The parties shall select an arbitrator by mutual agreement. If no agreement on an arbitrator can be reached, an arbitrator shall be selected from a panel of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service (FMCS). The parties shall alternately strike one (1) name from the above list and the last name remaining shall be the impartial arbitrator. 417 The arbitrator shall have jurisdiction and authority solely to interpret, apply or determine compliance with the terms of this Agreement, and any of supplemental written agreement between the parties, and shall have no authority or jurisdiction to add to, detract from, or alter in any way, the provisions of this Agreement, or any supplemental written agreement between the parties. A grievance may be filed by an Employee Any decision within the jurisdiction of the School District covered arbitrator shall be final and binding on all concerned. The expenses and services of the arbitrator shall be shared equally by this Agreement, individually or through the Employer and the Association, or by including but not limited to the Associationcost of the arbitrator, court reporter, and transcript for the arbitrator. A grievance will not include any matter or action taken by Each party shall be responsible for the school trustees, or any cost of its agents, for which relief is granted by the Statutes of Nevadaown representatives and witnesses.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance 18.01 Prompt consideration shall be given to grievances. As used in this Agreement, a business day is defined as any dispute which arises regarding an interpretationa Monday, applicationTuesday, Wednesday, Thursday, or alleged violation Friday that is not a federal or Washington State holiday.
18.02 Any complaint arising among the employees or Employer over the interpretation or ap- plication of any of the specific provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article Agreement shall be construed processed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussionfollows:
(a) Both parties encourage Employees covered Any such complaint shall first be presented verbally by this Agreement the employee to resolve their problems with their his or her immediate supervisor supervisor. However, if not resolved the grievances must be referred in writing to the Employer or Appropriate Administrator whenever possible. The provisions its designated representative within seven (7) working days from the date of this Article are not intended the incident giving rise to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor no satisfactory agreement is reached in Step 1, the matter shall, within ten (10) working days after it was first brought to the attention of the Employer or Appropriate Administrator concerning Union, be referred in writing to a higher official designated by the subject matter Employer. Such time limits can be extended by mutual consent of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurredparties.
(c) It If the complaint cannot be settled in Step 2, it may, within ten (10) working days after the written grievance was presented to the Employer in Step 2, be referred in writing by the Union or the Employer involved, to the Joint Labor Relations Board.
18.03 There is understood hereby established a Joint Labor Relations Board which has only the authority to perform the functions set forth herein and agreed that its jurisdiction is limited to considering only those issues identified in the written grievance.
18.04 The Board shall be composed of three (3) representatives of the Contractors, all aspects of such informal discussionswhom must be actively engaged as roofing Employers, if anyand three (3) representatives of the Union, all of whom shall be active members in good standing of the Local which take place they represent and employees of firms party to this Agreement. The Contractors and the Union shall, in addition to their three (3) members, appoint one (1) alternate from each group.
18.05 Two (2) members from each party hereto shall constitute a quorum. Proxies shall not be allowed, and in no event shall the number of votes cast by representatives of the other party exceed in number the votes cast by representatives of the other party, regardless of the number of representatives present.
18.06 The Joint Labor Relations Board shall require a majority vote to carry any question. The decision of the Board shall be final and binding upon all parties to this Agreement, except as herein provided.
18.07 The Joint Labor Relations Board shall have no bearing the right to summon, question, and examine any party to this Agreement, or precedential effect on the resolution of that their representative or agents, pertaining to any grievance or dispute which may arise over the interpretation or application of any similar grievance filed in accordance with provision of this ArticleAgreement.
18.08 If the parties cannot reach majority agreement, either party may, within ten (d10) working days from the date the dispute was referred to Step 3, refer the matter in writing to an Arbitration Committee consisting of one (1) representative of the Employer, one (1) representative of the Union, and a third member to be chosen by these parties. In the event the arbitrators designated by the parties are unable to agree upon the third arbitrator within ten (10) working days, the Federal Mediation and Conciliation Service shall be requested to submit a local regional panel of five (5) qualified and approved arbitrators, from which list the third arbitrator shall be selected by the other two members of the Arbitration Committee, alternately striking one name from the list until only one name shall remain.
18.09 The decision of the majority of the Arbitration Committee shall be rendered in writing within ten (10) working days after the close of the hearing and shall be final and binding upon all parties hereto. Any decision rendered shall be within the scope of this Agreement and shall not change any of its terms or conditions.
18.10 The power and authority of the arbitrators shall be strictly limited to determining the meaning and interpretation of the express terms of the Agreement as herein explicitly set forth. They shall not have authority to add to or subtract from or modify any of the said terms of the Agreement, or to limit or impair any right reserved to management or the Union. No decision of the arbitrators in one case shall create a basis for retroactive adjust- ments in any other case.
18.11 All time limits referred to in this Step may be extended by mutual consent. The costs of the third arbitrator shall be borne equally by the parties.
18.12 If an employee or the Union fails to process a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of within the time limits for filing a formal grievance. Any written resolution set forth above and the procedure is not waived by mutual agreement, that grievance shall be acknowledged deemed waived and such failure shall bar to any future action thereon. If the Employer fails to respond within the time limits prescribed, unless the procedure is waived by both parties and forwarded mutual written agreement, the grievance shall be considered having automatically advanced to the Association next step in the Grievance Procedure.
18.13 The Union shall not be required to press employee grievances if, in the Union's opinion, such lack merit. With respect to the processing, disposition, and/or settlement of any grievance, including hearings and final decisions of Boards and Arbitrators, the superintendent’s designeeUnion shall be the exclusive representative of the employee(s) covered.
18.14 A grievance shall not be processed under this Agreement on behalf of any employee who files or prosecutes, Employee-Management Relations. The absence or permits to be filed or prosecuted on his behalf, in any court or government agency a claim, complaint or suit complaining of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedaction grieved under federal, state or municipal law or regulation.
Appears in 1 contract
Sources: Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is shall be defined as any dispute which arises regarding an involving the interpretation, application, or alleged violation of any of the express provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this AgreementGrievances or disputes, individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate arise, shall be settled in arbitration.
4-3 Time limits indicated at each level of the grievance procedure manner set forth in this Article shall be construed as maximum and an attempt shall be made to expedite herein. If the process. The time limits set forth in this Article herein are not adhered to by either one of the parties, the grievance shall be waived at the end settled in favor ofthe party that is not in default of the aggrieved Employee's regular assignment or when time limits. Any extensions oftime limits shall be upon mutual agreement and in writing. A request for a time extension will not be unreasonably withheld.
Step 1. Within five (5) working days of the aggrieved Employee is on an approved leave, unless the Employee, in the event occurrence of the grievance was filed by an employee with a grievance shall discuss their grievance with their immediate supervisor. The immediate supervisor shall have five (5) working days to respond to the Employeegrievance.
Step 2. Ifthe grievance is not resolved informally at step 1, a formal grievance shall be presented in writing within ten (10) working days from receipt of the step 1 response to the Department Head or his/her designee. The Department Head or designee shall have ten ( 10) working days from receipt of the grievance to respond in writing.
Step 3. Ifthe grievance is not settled satisfactorily at Step 2, the Associationgrievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provision of the Agreement allegedly violated, and the District mutually agree reliefrequested. The Mayor shall, within ten (10) working
Step 4. If the matter is not resolved at this point, within five (5) working days either party may request a conciliation meeting to observe be held with the timelines specified parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within five (5) working days following a receipt of this written request, either party to this agreement may unilaterally call for arbitration proceedings as called for in Article 4Step 5 of the grievance procedure.
4-4 Extensions Step 5. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, providing it is submitted within five (5) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the time limits may matter to be requested verbally or in writing by either partyarbitrated and the contract provisions allegedly violated. Verbal extensions Within ten (10) working days the parties shall be confirmed in writing by request a list of five (5) qualified names from the party making Montana State Board of Personnel Appeals. The Union and the request within Employer shall each strike two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possiblenames in alternate order, and the remaining shall be the arbitrator. The Union shall strike the first name. In cases where an employee is the aggrieved party, authorization to submit the grievance to arbitration must come from the Union. Decisions of the arbitrator shall be final and binding on both parties. Costs incurred for the arbitrator shall be borne equally by both parties. Authority of the arbitrator is limited to matters of interpretation or application of the express provisions of this Article are not intended Agreement that directly pertain to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(bissue(s) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning submitted in writing for arbitration. The arbitrator shall consider and decide only the subject matter of a potential grievancespecific issues submitted in writing, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing power or precedential effect on the resolution of that grievance authority to add to, subtract from, amend, or modify any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence terms or provisions of such a written resolution shall serve as notice that the formal grievance procedure may be initiatedthis Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 4-1 A grievance is For purposes of this Article, a “grievance” will be defined as any an actual dispute which arises regarding an interpretation, application, or alleged violation of any arising as a result of the provisions application or interpretation of one or more express terms of this Agreement provided, however, that any matter reserved to the discretion of the Town by the terms of this Agreement, or arising before the date of this Agreement, will not be subject to this grievance procedure nor construed as being grievable. A The Town and the Union understand that the grievance procedure is designed as a procedure for prompt resolution of disputes. Therefore, no grievance may be filed by an Employee commenced more than five (5) days after the the Union or the employee have knowledge of the School District covered by this Agreement, individually incident or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for event upon which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure is based. All grievances will be handled in accordance with the grievance procedures set forth in this Article. References to periods of days in this Article will not include Saturdays, Sundays, or holidays. A representative of the Union shall accompany the employee in any meeting with a Town representative concerning a grievance.
Step 1. Within five (5) days of the event giving rise to the grievance, the Union shall file a grievance, in writing, with the Fire Chief, with a copy to the Town Administrator. The grievance will contain;
(a) a concise statement of the facts; (b) a citation of applicable contract language, which shall include the Article and section of the Agreement under which the grievance arises; (c) the specific provisions of the Agreement that allegedly have been violated; and (d) the remedy sought. The date the grievance is submitted to the Fire Chief will constitute the commencement date of the grievance. The Fire Chief will meet with the Union and attempt to settle or adjust the grievance. If a satisfactory settlement or adjustment cannot be reached, the Fire Chief will submit a written decision, to the local Union President, within ten (10) days of receipt of the grievance.
Step 2. If the grievance is not resolved at Step 1 or answered by the Fire Chief within the time limit set forth above, the Union may appeal the grievance, in writing, to the Town Administrator with a copy to the Fire Chief, not later than five (5) days from the date the Fire Chief’s response was due. The Town Administrator will respond to the grievance, in writing, to the local Union President, within fifteen (15) days after the date of receipt of the appeal.
Step 3. If the grievance is not resolved at Step 2 by the Town Administrator within the time limit set forth above, the Union may appeal the grievance, in writing, to the Board of Selectmen with a copy to the Fire Chief and the Town Administrator, not later than five (5) days from the date the Town Administrator’s response was due. The Board of Selectmen, in its sole discretion, may elect to meet with the Union to discuss the grievance or may rule on the grievance without any meeting. The Board of Selectmen shall respond to the grievance, in writing, to the local Union President, withi`n thirty (30) days after the date of receipt of the appeal.
Step 4. In the event that the grievance is not satisfactorily resolved at Step 4, the Union or the Town may, by written notice to the other, request arbitration within five (5) days after the reply of the Board of Selectmen is due. The Union and the Town shall attempt to agree on an arbitrator. If the Union and the Town fail to agree on an arbitrator within seven (7) days after notice of arbitration has been given, the Union or the Town may file a demand for arbitration with the American Arbitration Association within seven (7) days after the seven (7) day window for the parties to try to agree upon a mutually agreeable arbitration, and an arbitrator shall then be selected in accordance with the applicable rules of said American Arbitration Association. The award of the arbitrator shall be construed final and binding upon all parties. The arbitrator shall have no power to add to, subtract from or modify this Agreement, and may only interpret such items and determine such issues as maximum may be submitted to him or her by agreement of the parties. The arbitrator may not award interest on any monetary award. The arbitrator shall not render a decision contrary to state or federal law. Town withdraws without prejudice. Each party shall bear expenses incurred by it, and an attempt expenses of arbitration incurred jointly shall be borne equally by the Union and the Town. Either party shall have the right to have a transcript made of the proceedings, in which case the transcript shall be designated by the parties as the official record of the proceedings. Both parties shall share the expense of providing a copy of the transcript to expedite the processarbitrator. Grievances may be settled without precedent at any stage of this procedure. The arbitrator shall decide any disciplinary cases based upon the preponderance of the evidence standard of proof. The Union’s failure to initiate any Step within the appropriate time limit shall result in barring the grievance. The failure of the Fire Chief, the Town Administrator or the Board of Selectmen to respond to the grievance within the appropriate time shall be considered a denial, and the employee or the Union may move the grievance to the next step of the procedure. Only the Town or the Union may move the matter to arbitration. The time limits set forth in this Article shall may be waived at the end extended by mutual agreement of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless the Employee, in the event parties. The Town may also process grievances under the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing by either party. Verbal extensions shall be confirmed in writing by the party making the request within two (2) Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the problem with his/her Immediate Supervisor or Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) Days from the last day the alleged violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall have no bearing or precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Article.
(d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be acknowledged by both parties and forwarded to the Association and the superintendent’s designee, Employee-Management Relations. The absence of such a written resolution shall serve as notice that the formal grievance procedure may be initiated.procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement